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Home My WebLink About01-1434HEMPT BROS., INC., Plaintiff VS. PENNSYLVANIA MANUFACTURERS' ASSOCIATION INSURANCE COMPANY and PENN NATIONAL INSURANCE, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2001 CIVIL TERM CIVIL ACTION- LAW ACTIONFORDECLARATORY JUDGMENT NOTICE 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 HEMPT BROS., 1NC., ) Plaintiff ) ) ) 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2001 - CIVIL TERM PENNSYLVANIA MANUFACTURERS' ) ASSOCIATION INSURANCE ) CIVIL ACTION - LAW COMPANY and PENN NATIONAL ) INSURANCE, ) ACTION FOR DECLARATORY Defendants ) 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: 1. Plaintiff, HEMPT BROS., 1NC., (hereinafter referred to as "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, 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 duly 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 I, 1997, through March 1, 1998. Attached hereto and marked as Exhibit A is a 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 commemial general liability insurance policy to Hempt for the policy period March 1, 1998, through March 1, 1999; March 1, 1999, through March 1, 2000; March 1, 2000, through March 1, 2001; and anticipates issuing a commemial general liability policies for the near future to Hempt. A tree 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 of PMAIC'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"). 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 PNI for payment of those expenses. 12. Hempt advised PMAIC and PNI 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 underneath 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 of the alleged dewatering of the Cedar Run stream and creek bed. 14. Hempt advised PMAIC and PNI 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. 3 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 o£the sinkholes and to assist Hempt in its dealings with DEP. 18. Hempt was advised by PMAIC that according to its expert, the cause of the 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 of PMAIC'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 l, 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. Itempt 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 of the sinkholes from the period of March 1, 1997, through March 1, 1998. 4 24. PMAIC originally advised Hempt that there were no exclusions under the policies in force from March 1, 1997, through March 1, 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 of the claims made by Hempt, including those claims occurring during the acknowledged policy period, March 1, 1997, through March 1, 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 BBI pMAIC DECLARATORy IUDGMEIOT ACTION / M6nCH 8. 20~} 1 / DISK 31 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: 1. 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 of DEP 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 1 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 of the 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. 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 of DEP and others; loss of reserves as a result of the action of DEP in requiring the Quarry to be flooded; and claims against Hempt by third parties for dmnages 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. PNI 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 the present and all future claims, if any; all loss of mineral reserves by Hempt as a result of the actions of DEP 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, /~ Attorney for Plaintiff // 302 South 18th Street Camp Hill, PA 17011 (717) 730-7310 Supreme Court ID #41263 VERIFICATION GEORGE F. HEMPT, being duly sworn according to law, deposes and says that he is the President of HEMPT 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 mhd belief, and further understands that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unswom falsification to authorities. HEMPT BROS., INC. EXHIBIT A lO CG,,,MERCIAL GENERAL LIABIL. ¥ DECLARATIONS PENNSYLVANIA MANUFACTURERS' ASSOCIATION INSU~t~NCE COI~PANY POUCY NO. 82g~00-33-63-74-4 N~E0 INSURED I I PRODUCER'S NAME HEMPT BROS INC PO BOX ZTB 205 CREEK RD CAMP HILL, PA 17011 K. R. MACDONALD INCORPORATED 4B00 DERRY STREET P.O. BOX 4~00 HARRISBURG, PA 17111 I L_ IN RETURN FOR TH~ F'AYMENT O~ THE PREMIUM, ANO SUBJECT TO ALL 'TtIE TERMS OF THLS PGUCY. W~ AGREE ~4TH YOU TO PROVIOE THE INSURANCE AS STATED ltd TflJS PQUGY. OWNERS AND CONTRACTORS PROTECTIVE [ ] RAX.ROA~PROT~CTn~ MMIT OF INSURANCE GENERAL AGGREGATE (Other Than Products-Completed Operations) PRODUCTS AND COMPLETED OPERATIONS AGGREGATE PERSONAL AND ADVERTISING INJURY LIMIT EACH OCCURRENCE UMIT FIRE DAMAGE UMIT (Any One Fire) MEDICAL EXPENSE LIMIT (Any One Person) 3,000,000 1,000,000 1,000,000 1,000,000 100,000 5,000 DEDUCTIEU. ES: I ) BO(~LYINJURY ! ! CO~BI&PD [ ]~'ER C:LAIM [ IF~R OCCURrEnCE THIS POLICY CONTAINS AGGREGATE LIMITS; REFER TO SECTION BI - UMIT~ OF INSURANCE FOR DETAILS. COVERAOE PARTS ANO ENDORSEMENT TO THIS POi. ICy: SEE ENDORSEMENT SCHEDULE COMMERC.. ,L GENERAL LIABILITY CO% RAGE PART SCHEDULE P~NNSYLVANIA MANUFACTURE~* ASSOCIATION INSURANCE COMPANY POUCY NO. 825700-33-63-74-4 SCHEDULE OF HAZARD8 I~fl~MIUM Ct. AS8 PREMIUM TERA PJ~MXPS FROOUC3J .IM ~ /Per 1000 7,04X,76O ~ 1~ ~G~ ~ 1~ ~ zf ~y 010 F~T~ S ~ z 010 S ~.~ $ ~ ~ ~ ~ 010 S ~.~ ~ ~ } ~ ALL ~t ~ional lnce=est: ~ ~TGHG S 1.4J5 ALL ~dtttonaX In[ereo[~ 49950 $ 1,O~O $ 0,306 MINIMUM ~ I~EIM~I MWUM I~EM~JM PI~X~UCT~ MINIMUM FNEMIUM $I00 $~0 TOTJ~ FNEMIt, EI FIEMlUM $ 142.a61 TOTAL ~ I~EMlUM TOTAL ADVANCE P/~EMlUM s 1 ~ a(t go) NOTICE TO POLICYHOLDERS COMMERCIAL GENERAL LIABILITY BROADENINGS, RESTRICTIONS AND CLARIFICATIONS OF COVERAGE This notice has been prepared in conjunction with implementation of changes te your policy. It contains a brtof ~jnopsis of the significant broadenings, restrictions end ~rifications 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 made in these form~ and endorsements. Please read your policy, and the endc~rsements attached to your policy carefully. Please contact your insurance agent/broker or PMA representative if you have questions. BROADENINGS OF COVERAGE - COVERAGE FORMS CG O0 01 - Commercial General Liability Coverage Form (Occurrenca Version) CG 00 09 - Ownam and Contractors Pretacflve.Uabillty Coverage Form CG O0 33 -- Uquor Uabilily Coverage Fonfl (Ooeunlnca Version) CG 00 35 -- R~ilroad Protective Uablllty Ceverega From CG 00 37 -- Produ~WCompleted Operations Ueblllty Geverage Form (Occurrer~e Ver~ien) , The Supplementao/Payments provision in these policies has been revised lo Increase the maximum daily payment for loss of earnings from $100 per day to $250 per day to more adequately address the earnings of many professlonsr · In these policies, the definition of ·suit" has been broadened to allow am/insured the ability to choose or participate (with the insurer's consent) in certain altametive dispute resolution mechanisms. CG 00 01 - Commamisl General Liability Coverage Form (Occurrence Version) CG 00 05 -- Owners and Contractors Protective Liability Coverage Form CG 00 33 -- Liquor Liability Coverage Form (O=curmnca Version) CG 00 37 -- Produ,~/Completed Operations Liability Coverage Form (Oocurrence Version) · Several revisions have been made to Section II - Who Is An Insured in these policies to acknowledge the existence of a new form of business enlity known as the limited liability company and by specifying members and managers of limited liability companies as insureds. CG 00 01 -- Commerolal General Liability Coverage Form (Oocurrenue V®r~ion) CG 00 09 -- Ovmem and Contractors Profeotive Liability Couerege Form CG 00 37 - Produot~/Completed Operations Liability Coverage Form (Ocourrenue Version) The Contractual Uability exclusion in these coverage forms is amended to provide for the payment of defense expenses, on behalf of an insured, as damages under bodily injury and property damage liability coverage, when the insured has assumed such e liability in an "insured contract.' PGL~0 100.596 Copyright, Insurance ,~ervicm OIl$ce, Ir~., 1995 An amendment has been n.de to the Supplementary Payments pr~. ~ion 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 - Commemial General UabilibJ Coverage Form (Ooeurrence Vemion) CG 00 09 - Owners and Contrantora Protaotive Uabitily Coverage Form CG 00 35 - Railroad Proteotive Liability Coverage Form An exception has been added to the Pollution Exclusion in these coverage forms so that the ex~usion does no~t apply to losses arising only out of the escape of fuels, lubricants or other operating fluids resulting from the normal functioning of mobile equipment, provided the pollutants escape from the mobile equipment part designed by its manufacturer to hold such pollutants. BROADENINGS OF COVERAGE - MULTISTATE ENDORSEMENTS · C(3 20 21 - AddiUonal Insured -Volunteer Workers · CG 20 22 - Addltlonat Insured -- Churoh Mambem, Officer~ and Volunteer Workers · CG 20 30 -- Oil or Gas Operations -- Nonoperating, Working interests These endorsements are revised to acknowledge the existence of a new fon-n of business entity known as lite limited liability company and by specifying members and managers of limited liability companies as insureds. C(3 20 32 -Additional Insured - Engirmera. Arohltacta or Surveyor/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 e~'tgage'directly, but that they era, by their contract with the project owner, required to add as an additional insured Io their policy. · CG 22 74 Amendment of Contraotuat Liability Exclusion for personal Injury Malted to Fal.4 Arraa~, Detention or Imprisonment for Designated Contracts or Agreements The Contractual Liability exClusion contained in this endorsement is amended to provide for the payment of del'anse expenses, on behalf of an insured, es damages under pereonsi injury coverage, when the Insured has assumed such liability in a designated contract or agreement. ALto, an amendment has been made Io the Supplementary Payments prevision in the underlying poF~'y to provide for the defense of an indemnitee end the payment of an indemnitee's defense expenses as Supplementary Payments if certain speclflo conditions are met. · CO 22 e0 - Umlted Exclusion -- Contraotora -- Professional Liability This endorsement is introduced to limit the application of the exclusion of professional services available in endemement CG 22 43. For policies to which CG 22 43 hsd previously been attaohed, the attachment of CG 22 a0 in its place will broaden coverage bynot excluding coverage for the liability 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 subcontracted. PGL 50 10 05 96 Copyd~ht, I~.~u.m;e S~.'v;~ Otlice, inc., 1995 C- 1223 Pa~ 3 RESTRICTIONS IN COVERAI~E- MULTISTATE ENDORSEMENTS · CG 21 52 - Exclusion - Financial Services This new endorsement excludes, from the CGL policy, coverage for certain liability exposures arising out of the rendering of tinancial services, without infringing upon coverage for a financial institution's conventional COL exposure. CO 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 operation, when the designated operation is insured elsewhere or when the insured chooses not to insure a certain operation. CLARIFICATIONS IN COVERAGE AND OTHER EDITORIAL REVISIONS - COVERAGE FORMS All General Liability coverage forms contain minor editorial revisions to provide for consistency among policies. In addition, 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 09 - Ownera and Conlrlotora Protective Uabillty Coverage Form CG 00 33 -- Uquer Uability Coverage Form (O~eufrance Vemion) CG 00 35 - Railroad Protective Uablllty Coverage Form CG 00 37 - Produols/Completed Operations Liability Coverage Form (Ocourrenoe Version) · These policies have been amended to clarify that an insurer investigates a~d settles claims, and defends in~ureds against suits. CG O0 0t - Commercial General Liability Coverage Form (Occurrence Vemion) Paragraph 1.a. of the Insudng Agreement for both Coverage A - Bodily Injury and Property Damage Uability and Coverage B - Personal and Advertising Injury Liability is revised to clarify the intent under the Coverage Form not to defend insureds when no coverage exists under the policy. A Pollution exctusion is added to Coverage B - Personal and Advertising Injury Liability to ctarify the intent Ihat damages resulting from pollution incidents era not and were never intendedto 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 pon'nission to occupy a portion of a buildihg without the transfer of rent in the form of money if the insured has fire insurance available to cover such loss. Paragraphs f. (2), ,,nd (3) of the 'insured contract' definition in the Definitiona Section have been revised to update the list of professional services (for architects, engineers or surveyors) to conform to standard industry terms. PGL 50 I 0 05 96 Copyri~lt. ln-~rane~ ,e-~vices Office, lnc., 1995 ?e~A 4 The Definitions section has ,,tso been amended in these policies to ~.,~rify that 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 mom clearty state that products or operations that ara subject to the General Aggregate Umit ara excluded from products-completed operations coverage. CG 00 09 - Owners end Contractors Prota,~ive Liability Coverage Form Paragraph 1.a. of the insuring Agreement is revised to clarify the intent under the Coverage Form nof~ to defend insured,, when no coverage exists under the policy. CG 00 33 - Liquor Uebility Coverage Form (Occunlnce Version) Paragraphs 1.a. of the Insuring Agreement is revised to clarify the intent under the Coverage Form not to defend Insurads 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 not to defend insurads when no coverage exists under the policy. CG 00 37 - Product~/Completed Operation,, Uabllity Coverage Form (Occurrence Version) Paragraphs 1.a. of the Insuring Agreement is revised to clarify the intent under the Coverage Form rios to defend insurads when no coverage exists under the policy. Paragraphs f.(2) end (3) if the 'insured contract' definition in the definitions Section have been revised te update the li.,t of professional services (for architects, engineers mr sur~eyom) to conform to standard industry terms. The Definitions section has also been amended in these policies to clarify that the "products. completed operations hazard definition' only includes coverage for damages arising out of a condition in a vehicle not owned or opemled by the named insured and to mom clearly state that products or operations that ara subject to the Aggregate Emit ara excluded from products- completed operations coverage. CLARIFICATIONS IN COVERAGE AND OTHER EDITORIAL REVISIONS - ENDORSEMENTS · CG 03 00 -- Dedu,:flbte Uability Insurance {CGL end Product~) · CG 03 05 - Deductible Liability Insurance (Uquor) These endorsements ara revised to clarify that it is the insured that is being defended against a suit. - CG 20 07 - Addltion~l Insured -- Englneem, Amhite,.'t~ or 8urveyom (CGL) · CG 20 31 - Additional Insured - Englneer~, Architects or Surveyom {DC.P) · CG 22 34 - Ex=lu$1on - Construction Management Errom end Omlealons These endorsements have been revised to update the Iisi of professional services contained in the forms to conform to standard industry terms. PGL 50 10 05 96 cePYright, Insurance Services Olt~ce, [no., 199S C-1223 · CG 20 11 - Additional Insured - Manag4rs or Lessors of Premises · CG 21 36 - Exclusion - New Entities · CG 21 37 - ~lusion - Employs as Insumds · CG 21 42 - ~lusion - ~plosion, Ool~pse and Unde~mund Pm~ ~m~ H~ (Spoc~d O~mUons) · CG 21 43 -- ~clusJon -- ~plosion, ~liap~ and Undo~mund Pm~ ~ma~ ~ (S~cifled O~ona ~) :. CG 21 49 - Total Pollution Exclusion Endoraemont CG 22 38 -- Exclusion -- Fiduciary or Representativ~ Liability of Financial Ir~tltutiorm · CO 22 40- Exclusion - Modicsi Payments to Children (Day Care Canters) · CG 22 34 -- Exolusion -- Construction Management Errors and Omissions · CG 22 56 -- Exolusion - Injury to Volunteer Flrofightere · CG 22 57 - Ex=lesion - Underground Resources and Equipment · CG 22 63 - Stevedoring Operations Llmltad Completed OpereUone Coverage · CO 24 05 -- Financial Institutions (Reporting Provision and Limitation to Fiduciary Interest or Representative Interest) · CG 24 07 - Products Compiatad Operations H~zard Redefined · CO 24 09 -- Governmental Subdivisions (This list is continued on the next page) · CG 24 11 -- Flduolarles - Fldu=iary Interest · CG 28 06 -- Umitation of Coverage to Insured Premises · CG 28 33 - Voluntary CIsen-Up Colts Reimbursement · CG 29 51 -- Employment-Related Practices Exclu~ion Various editorial changes have been mede to these endorsements to make the language consistent with those of other forms and endorsements in the CGL program and to reformat for improved re=debility. · CG 21 40 - Coverage B - Personal Injury Uabllity Only (Advertising Injury Liability Not Included) (Occurrence Version) In addition to ether editorial changes, a pollution exclusion has been added to these endorsements for personal injury liability to clarity that damages resulting from pollution incidents are not and w~re never intended to be covered under personal injury coverage. Also, these endorsements hove been amended to clarify the intent under the undertying policy not to defend assureds when no coverage exists under the policy. · CG 22 43 -- Exclusion - Engineers. Arohltecta or Surveyors - Professional Liability Revisions have bean made to this endorsement to clarify that/t applies only to those Named Inaureds who are in Ihs business of pmvldiflg professional services to others as an architect, engineer or surveyor only, as well as to up,ate the list of professional services contained in the form to conform to standard industry terms. PGL $0 I0 05 96 Copyrig,~t, In.~ran~c Sca'ices Office. Inc., 1995 · CG 22 81 - Exclusion - Erroneous Delivery or Mixture end Resulting Failure of Seed to Germinate - Seed Merchants (CGL and Products) · CG 24 18 - Seed Merchants - Coverage for Erroneous Delivery or Mixture end Resulting Failure of Seed to Germinate (CGL) · CG 24 lg - Seed Merchants - Coverage for Erroneous Delivery or Mixture (Resulting Failure of Seed to Germinate Not Included) (CGL) · CG 24 20 - Seed Merchants -- Coverage for Erroneoua Delivery or Mixture and Raaulting Failure of Seed to Germinate (Producte) · CG 24 21 -Seed Merchanto -- Coverage for Erroneoue Delivery or Mixture (Resulting Failure of ~eed to Germinate Not Included (Products) The above new endorsements have been c. reated to clarify the intent of the coverage provided under the Seed Merchants classifications. · CG 22 48 - Exclusion -- Inaurenca and I~leted Operations This endorsement has bean modified to add additional activities that may be performed by today's insurance operations. Additionally, edito~al revisions have bean made for clarification and to improve readability. · CG 22 7g -- Exclusion - Contractors -- Professional Uabllity This new endofsemerd is introduced to cierify the policy's coverage intent to exclude coverage for the professional liability of a construction contractor- who is acting in the capacity of ~n a,~,;tsct, engineer or surveyor or who has provided an architect, engineer or surveyor with professional servicea in connection with work performed. · CG 28 05 - Personal Injury Liability : In addition to other editorial changes, a pollution exrJusion has been added to this endorsement to clarify that damages resulting from pollution incidents ere not and were never intended to be covered under personal injury coverage. · CG 28 07 - Principals Protective Liability Coverage This endorsement is revised in order to clarify the intent under this endorsement r~ to defend inaureds when no coverage exists under the policy. POL .~0 1o05 96 Copyright, In.~u'm*~ce ~c~ Ol~cc, Inc., 1995 C-1223 ~ 4MERCtAL GENERAL L/ABILFTY CG 0g 01 0¶ 9; COMMERCIAL GENERAL LIABILITY COVERAGE FORM Vmrk)um previmlorm In tK, m policy remV~ coverage. Read ~ ~d ~ ~t ~ou~ ~ ~ ~ ~ ~u' and ~u~ ~e~r ~ ~e N~ ~ mh~ ~ ~e ~ and ~ o~ ~n m o;m~Uon ~ng ~ a Nmm~ I~ur~ ~ ~ ~. The ~ ~.' 'u~' and ~ ~ ~ur~ m~a mW ~n m ~gan~on qu~g ~ ~ uW ~O ~ ~ INSURED (SECT~N ~ hm ~ me~g. RMer ~ DEF~I~ONS (SEC~N SE~N I - C~GES COV~GE ~ B~Y ~URY AND PROPER~ D~GE WI~ 1. Msurlng ~ mpM~ We~ hM ~e ~t and ~ to ~d ~e I~r~ ~ any 'm~ m~ng def~ ~ Inmur~ e~ any '~ b ~ ~ ~mn~ ~a not m~. Wm .m~ M ~ M~n In~e any '~ccun~' end (1) The emouM ~ ~ ~y for dama~ ~ ~ d~c~ In LIM~S OF IN- SUR~CE (SECTION Iff): end (2) ~r HgM ~nd d~ to ~nd end ~en ~ have ~ up ~e Ip~.~e im~ of ~r~ce ~ ~e p~ent of judgm~ m ~m un~r Cmg~ A or g or m~cM ~ u~ CMmge C. No ~ oMg~ or ~ to ~ .umi or ~ ~ ~r ~M SUPPLEME~Y PA~E~O~GES A ~ B. 2. b, ThM ~earlnce app~M to 'bod~ ~n]~/' and (1) ~. '~ ~]~ M '~ ~mdu~e~ dm~ Mm~ ~ ~ ~ ~ Wn ~ ~ ~'~Juw.' ~Mu~ ~ or ~nd~ ~u~ i~d~ ~m ~ ~ ~ ~ ~r~ T~ ;neured k o~ ~ ~ ~m~ merit ~ ~u~n ~ W ~ ~ ~ ~r of ~e ~n~ ~ ~ i~u~ew~n M~or Igr~e~ SOI~ for the ~-M mu~ In an 'Mm~ mnbe~' rm~ ~mw fm dam~ ~ M ~ (m) L~to ~ ~, ~ ~ ~ CG 00 01 01 96 Copyright, Insuran~t~ylcem Office, Inc., 1994 Page I o! 13 (b) Such ~Zomay feel and ~g~on expenses ere for defense of that path/ ~gain~t · c~l or .~ernY,~m di~pute resolution p~)cee~ng in which dlml~el to which thit InmJmnce spl:le~ Liquor Liability 'O~By injury' or'lx'op~ dim.ge' for wh~ eny Inlured may be hek:l i~ble by reMon of. (1) Ceu~ng or conlTIb~ng to the int~.?.c_MJon M (~) The fumbhing of Mc-ohMic bevemge~ to i per. on undM ~e legal drinking Iai or under the Influence of Mcohol: or (3) A~y --'~;-ute, or(In.ce or regul~on Meting to the IMe. g~ (f~tl'Jbu~Dn or UM of Thil la~dudon el~le~ on~ i~ you ere in the ~ of manufacturing, dlltribu~g. · MMng or rum. ilhlng Mcohole Workers' Compensation and $1ml~r Any obig~on of Ihe insured under · compens~on, dliebity bene~s M unem;doy- merit compenl~on bw or ~y kmilar Isw. Empioyer'~ Lbbllity · Sociy inJun/' to: (1) An 'emplay~B' o! the Ineured eMing out of ·nd in the co, me oK. (i) F_mployment by the insured: o r (b) PMforl~ng dudes ~datKI to the conduct of the in~urocre bu~JneM; M (2) The spoule, child, parent, broU~er or th/"employee' as · consequence of gr~oh (1) .bovL Th~ excl,31on (1) 'v'Vhe~er the kllured may be IMbie ill eml~oy~r or in Bny other cepectty, end (2) To Iny obligaWon to Ihere danmgml v(4h or repay lemeone Me v/no mutt ~my because of the InJuly, Thli ~,Mon don not 13X~Y to bbity ~umed by the kttured under in 'ineured contract.' PotluUM1 (1} 'BoG~ inju~/' or *pn:)perb/ damage' .mdng out ~ rM~ ~ ~ ~ ~n~: (~ ~or~ Iny ~ ~ or I~n ~ hmn~n~ ~, or m f~ ~y ~ ~ ~ ~n or org~ (0 ~ W, ~ or I~M~I In ~n~, ~ up, r~. ~n- In t~u( or '~ ~m~' I~g o~ of o~mang ~orm o~ ~. ~n~E~ ~ MO~ ~n~ or ~u~r. CG O0 01 01 I$ Copyright, Insurance SelMce~ Office, Inc.. 1994 C-1223 Page 2 of 13 SubF)wagmph~ (a) and (d)(I) do not apph/to 'bod~y injmy' or 'properly damege' out of hea~ amok-, of fume~ fi'om · hosble fire. A~ used in thh, exdu~on. · hc~ fire mNM one wh~h become~ un=ontmilable or break~ out from wh~m R ~ In~ended to be. (2! Ar~ IM4, c:Mt or mcpent· ·rff~ng out of ·ny:. [~) Reque~ da·mhd or or, er tho· ~n¥ b~red or othm ~ for, monitor, dee· up, remove, contain, t~e·t, detmd~ or neulTMze, or In ·ny way re·pr)nd to. or · --m ~· iffect~ ct pelutant~ or (b) CIMm or suit by or on behalf govemmentoJ .uthod~y fo~ d~megel bec·ute of toting for, monitoring. deinin~ up, removing, contMntng. t~llng, doto]Mythg or neutmiz~ng, o~ in · nyvmy responding to, or effect~ of polutln~. Polu'mr,~ me·r~ ·ny smd. iquid, gmeou~ or thru*md iht·mit m contaminant. Inciuding Imok·, w~te. WNto Indude~ re.re(Mi to be recycled. recondWoned o~ re(dbmed. 'Boc~ylrdury' or 'property damlo·' raising out of the ownemtdp, mMntmmnc~, u~e or intn~tment to ob·em of ·ny M. ctMt. '·utc' or watm~rl~t owned or operated by or rented or lo,i/ted to any Jnm~ld. ~ Include. (]perM]on and 'Ice.nD or unS(mc~n9.' This i~:~u~on do~ not ·ppi,/to: (1) A w.torcmf~ while ashore on premises you ow~ or {2) A wotMcmft you do not m,m that (a) Le~ than 26 feet long; and (b) NOt being u~ed to carq~ pemon· or property for m charge; {$) Paddng an 'auto' on, or on ~e way1 nexl to. premise~ you own Gr rent, prov~cled th· 'auto' is not owned by or rented or lo.ed to you or the insured; e (4) Ul~:~ty ~umed und~ iny 'in~umd co·froot' for ~ ~lp. mMMnan~ or o~ M ~e o~ M .ny M ~e ~ent ~ EqulpmeM (1} The b~ ~ 'mo~ ~ ~ en'm~' ~~ ~ ~ ~ or 'B~ ~u~ ~ 'p~ d~' ~ ~ ~r. r~n, ~ ~ r~ ~ ~n or (2) Pr~ ~ ~~n, Y ~ ~e ~e~ (4) ~ p~ ~ ~e we. ~ or con~ o~e ere ~or~g o~r~ Y ~ "~ ~e pr~ me ~r ~ ~ ~ ~cu~ mnt~ m ~ fm m~ ~ ~. cc; oo 01 01 96 Copyright, Insurance Sew~ces _.Office, Inc.. 1994 Page 3 of 13 Parigmpht (3), (4), (5) -nd (6) of thb ex~u~on do not ly3~/to ia~o/~umed unda( m ~detTack egreement P~rmgraph (6) of th~ ex~u~on doe~ not ,,pp~/to 'properly dmm~ge' included in 'p~oduots-com~eted oper~oni h~zlrd.° k~ Damage t~ Your ProduGt 'Properly d~mmge' to 'your product' e(~ng out of ~ or any pe~ofK L Deatmge t~ Y~r 'Pmper~/,'b, mage' to 'your work' erWng out of ~ or -'ny pelt of it ind included in tho "produc~- This exdu~en doee not .pply if the d~t~ged w~dc or tho work out ot wNch ~e duo-go iidl4s ~ pefmmed on your beh~ ~y · mubcontrector. m. Dimege Io Imp~lrod Property or Properly Not Pby~ic4111y Injured "Prope~ d4enlge' to *impaired p~ope~P or property th~ hM not been phy~ injured. ~Mng out o~. (1! A d~ de~dency, ~n~lequlcy or dl~Dllmul condWon in *your product' or 'y~ur wurl~; or (2] A (MMy or MIIore by you or =nyone ecb~g on your IN.Mr to pMform · cQn~ld or egrenmM~t In iccordlnce w~th i~ This _,,?kMon dom not iplMy to the IOlm of u,*e o! othe¢ IXOl~ arlllng out of iud(Mn ind · cctdunttl ph~ ~nJu~y to 'your preduc~ or · your WOOl' ~ R hM been put to I~ Intended Uli. n. Recall ~f produots, Work or Imptlmd [1) 'Your prDdUC~'; (2) "You~ wor~"; or {3! 'lmpMred prolx~/": If ouch product, work or propef~y Js wtlhdmwn or retried from the mBrket or from use by mW perlofl or orglniz~on because of · known or luq3ectod ddKt, ddtc:bflcy, inoduquicy or danowoLm con~ in IL ExcJu~ions =. th,..~gh n. do not oplMY to damco CO~GE ~ P~N~ AND ~URY ~B~ w~g ~ d~ HM, 'a~ ~u~ ~ ~ ~ ~ d~ ~U~M ~ ~ ~J~ or m~~%~~C. No ~m ~ ~ ~ ~ ~ ~ or PAY~OVE~S A ~D a~ng o~ of ~ur ~ ~g ~ E~u~ CG 00 01 01 gl Copyright, Insurance Services _Office, Inc., 1994 C-1223 Page 4 o! 13 (2) Ari~ng out of orM or wdtten pubiica'don m~terMr whole I~l or ord~ln~ (4) For ~h n~ (~) B~ M ~n~ o~ ~ mM~ con~ p~u~ or le~; or (4) ~ b~nM ~g or ~ng. (1) R~u~ or ~e~ t~ ~r, m~n~r, ~en up, ~mo~. ~n~n, ment~ ;u~o~ for ~ng ~r. mo~g, ~e~ning up, rem~- ~ing ~e ~ of p~n~. ~r, ~ ~m~, a~, ~ka~, ~ r~n~n~ or r~m~. COVE~GE C. ME~A~ PAYMENTS 1. Insuring (1) On prem~u (:') On w~y~ nmxt to ixemi~e~ you own or re~ or (3) ~d~ ~ (1) The ~ ~ ~ one (3) T~ ~ur~ ~ ~ ~ce. We (1) ~ (3)NwW ,mbu~ h~ n~g end fun~ Exclus~a~ We ~ nM ~ ~n~ ~'~ ~: To eny Mur~ d. To ~ ~n. ~ M mu~ ~m~n~n or e. To I ~on Injured ~ll ~g ~ ~ ~e~ f. Indud~ g. Exdud~ un~ h. Due ~ w.~r ~r. insunWn, rein or CG O0 01 01 96 Copyright, Insurance Settees ~fflce. Inc.. 1994 paga $ of 13 SUPPLEMENTARY PAYMENTS - COVERAGES A AND We will pay, with re~pect to any claim we invesligate or settle, or any 'suit' against an insured we defend: ¶. /kl exper~e~ we incur. 2. Up to $250 for ~ of ba~ bond~ required because of acciden~ or ttl~6c I~v VtOIIl~Orll m~ng out of the of any vllflde t~ which the Elodly Injury LJabi~ty Coverage mppil~. We do not have to furnish theM* bondiL 3. The ¢x~t M' bonck lc) release stt~chmenta, but only for bond Imount~ ~ the mpl~icable limit of Ir~umnce. We do not hive to fumilh Ihe~e 4. Al reasonable ex~iee incurred by the insured ~t our requNt to ~ us in Ifle inve~ga~on of defe~r4 of fie claim or ~Ul'~' Including ecru,.] ~ of eaming~ up to $250 a day because of time off from wo,"k. S. Al cc4~ taxed ag,Unit the Insured in the"suit.' 6. Prejudgment Intem~t ~warded against the injured on that pa~t of the judgment we I~Y. If w~ mike an to pay the e~ limit of in~unlnce, we will not pay any prejudgment Interest baaed on that period of time citer the offer. ?. AJ intMNt on the tul amount of any judgment that accn~e after entiy o! the judgment and before we h~ paid, offered to pay. or deported in coud the pad of the Judgment U1M i~ within ~e all:~ceble imlt Th e~,e paym~ll~ v~ not reduce the Ilmit~ of insuranm. If we defend an Insured against a 'z~it' lind an indemnitee of Ihs insured b MIO named e~ · P~y to ~he 'luit,' we defend that indemnlte~ If all of ~e folowing, condiliorm ate mM: a. The ".~ii' egain-t the Indemnitee m~km dammg-, for which Ihs insured h~ m~umad the ilabiity oi' Ute Indemrlitee in a contxac~ or agreement Ihat Il an 'in~U.KS cont]l~'; b. Th'm Irr~urance api:a.~ to such llabil~'y ar4umed by the insur~l; r. The ob~ to dMend, or ~he co~t of Ihs defense that I~demnltM, h~ Ils been ~aumed by the insured in Ihs .~me 'ln~ured contrect'; d. The MlegMIon~ in Ute '~,tt' end the information w~ know etx~ut the 'oocurrenc~' are such lhat no conflict eppeem to ~ be[ween ~s intem~ts o! the Insured and Ute IntmMt~ of tbs indamrfltee; e. The indemnl~ee ,,nd the insured e~k us to conduct and control the dMen~e of that Indemnitee ~gain~t such 'suit' /nd agree ~t w~ can es~,ign the same counsel to dafend the insured and the Ind f. The indemnl~e: (1) AOmN b~ w~ing to: (m) Cooperi~e v~h u~ in ~he InveiligiUon, IMSwnent o~ defense (~ the (b) ImM lend ui Goplel a( .ny demandl, nM lummolmel or legM pal)em In cDnneclmn with the (c) Nobly Iny othe~ InsurM whom coverage ks Iv~lble to the inclenmllN; and (d) Cooperm with u~ wah r~pect n~ng a~ ~ Inlumrme IvM~l:~e to the ind--; (2)Proddee u~ vdth vvfi~en ~ultm~iz~don [a}Ob~n recon~ end o~her Inform.a~n ~ tl~"~u~, end (b) Conduct ~ncl con~M Ihe clefen~ Indemnite~ in such "~uit.' So long et We above =ondlllon~ are met, mttomey~ fN~ Incurred by s~ in Ihs defense of II1~ Indemnltee, rWga~on expenae~ incuned by u~ and n~'me~y expen~ i~curred by ~he dflG~b~ et our ~ w111 be ~ m Supplemln~y P.ymer~. Notwilhlln(ing provi.ion. M pMagmph 2.b,(~ Of COVERAGE A - BOOILY INJURY AND PROPERTY DAMAGE LIA~ (Sec~on I - Cowmge~), such peyment~ v4 nM be deemed tolbe clem.gee ~ "1~ ~ur/' and 'tm'ol~ damage' O~r oblgatlon to defend en In~umd~ Ind.mnIMe end to pey for ~ttomey~ I'eel ind niceties/i'dgetion expen~ee SUPlMementa~/Payment~ end~ when: a. We hive uled up the aplMic~lde imit of Insunince in Ute Payment ofjudgmenl~ or ~Wlement~; ~ b. The conG~k)nt se{ forth, above, or the tem~ of the agreement de.ch'bed In par~Faph f. ~bove, m. not IongM mM. CG 0Q 01 01 ~6 Copyright, Insurance ,~e~_OIT~e. Inc.. 1994 C-~223 Page 6 of 13 SEC';~ON I - ~O 1.1 AN INSURED 1. If you are des~nlted In the Daclara'~ons as: Your m~ ~m ~ end ~ ~ condu~ ~m ~en~. ~ A ~ le~ ~m~x, ~u ere ~n Yo~ mem~m mm ~ ~su~ ~ o~ r~ ~ ~t coned d ~ur ~n~ Yo~ In~ Y~ '~ o~* end ~ ~ ~ or ~r~om. Y~ k~ ~ ~Mde~ ~ Your '~,' o~ ~mn ~u~ "~ ~m,' ~ ~u me ~n organ~on o~er ~ · ~em~, j~t ~re or ~m~ core.ny) ~ ~ ~ur man~ (~ ~u are ~ b~ ~m~). ~ o~ ~r a~ ~o~ du~ r~ ~ ~e coned ~nm. H~;, ~ne ~ ~m 'em~' an ~ to~ (1) 'Bo~ ~ju~ or'~el Inju~: M) To ~u, ~ ~ ~em or mem~ ~u I~1 i ~e~hip or JoiM ~ntu~), ~ ~ m~ (W you I;e · I~ i~ core.ny), or ~ · c~'em~' ~b ~M ~'emMoy~' M ~r In ~ ~ h~ or h~ ~ent or ~ffo~ng d~ related to ~e ~ndu~ of ~r burro: (b) To ~e s~e, c~. ~renL bro~ or (c) For ~ ~ere · e,y o~n Ihare ~ma~ ~h or r~ ~m~ne ~ ~o ~ ~ dam~ ~ouM of · e ~ju~ ~ h p~agr.~ (1)(a} or (b) m~; or (d) ~ng o~ ~ hm or her ~ or f~ to pm~e prof~n~ he~h (2) "Property G~'n~' to {a) Owned, occupied or Lmed by, (b) Renbd to, in the c~re, cus~x~ or ~on- b'cM of, or over which ~ cont~M is being exe..cMed for any pu~,~ __e by you. ~ny of your 'employees' or, ii' you ere a p~efsh]p or Joint venture, by nny perlnM or rnern~r. b. Any person (other than youz 'empk)you'), or any Org~r~,~n whb acang as your rNI ~ m,nag~'. only. (1) ~ ras~_,~e~_, to ~ ~ mX of the m~intenence or ux of thd IXOped~, and (2)Utile your klm reprmnt~ve Im~ mn d. Your legal I'eprW If you die, but on~ w~th have d your dghb end dutieo und~ th~ Coveugl Pm1. n/mi, under en¥ mo{or vehi~Jl rogMtrMJofl blW, pe~n ks 8n Irdured whk ~ ouch equipment other pemon or ozg.dz.lk)n ~ fo~ the condud of such pemofl ti iko ~n insured, but only the equ~pmorit, end only' J no (~hM Inlumnce d' Iny ; ' kind is mmlMXe to thd pem~n or organiz~iofl for this bblty. However. no pe~on or organization is en , irmured v/~t r~mct to: · ,. 'Bootly Injury' to a c.o-".mpioyou' of the p.~on ddv~g the ~quipmorR; or b. 'Property damage" to property owned by, rm~ted to, in the charge of or occupied by you or the employ~ of thy pemon who is en Inoured under thi~ pmv~on. 4. Any organization you nev~y acquire or farm, other than · pednemhip, joint yin-dura or intbd li~bi~/ company, ~nd owr which you re.iht.in ownemhip or majority inbred, wi qu.~/ as - Nm~m(I Inm~m¢l th~f~ i~ no cgher ~ insurance ~mmilalXe to tha~ organiz. Uon. However:. · . Coverage und~ th~ ~'ovi~on k ~fftm~d only ul~i the 90th dray MtM you acquire ~ form organizW)n or ~)o end of tho ;x~icy F~nd, whichever M eerliM~, CG O0 01 01 06 Copyright, Insurance Servtces__Of~ce, Inc., 1994 Page ? of 13 b. Coverage A does not app/y lo 'bod~ injury" or 'pmpe~y damage' that occun'ed bofom you accNired or formed ~a org,,nize'~on; and c. Cave,ge B does not apply to *pemonal Injury' or 'advefl~ing injury' ari~ng out of an offan~e committal before you ~cquired or formed the org~niz~ion. No paean or Org~niza~on is an insured v/4h re~pect to the conduct of any current or pa.~ pmtne~,hlp, joint v~lur~ or Imlled I~b~y eOml~fly ~hat I~ not ma · Nml~d th~urKI in the C)~damliona. SECTION II. uMrr5 OF INSURANCE ¶. The Umltm of Inl~mnc~ ghown in the DectmMtons end 'Ale nJle- I~ow Iix the mo~ we will pay regardle~ of tho number oP. b. Claim ITmcle or 'auitl" brought; or o. Pemona or organiza0ona making claim& or bringing 2. The Oenmal Aggregate OaR is the mcat we wil fQr tha ~um of:. · . Medical empensee undor Coverage C; b. D,,mage~ under Coverage A, excel~ damage* because of 'bodily injury' or 'properly damage' included In the 'products-completed ,~pemtions h~zaKd'; and c. Darn~ge~ under Coverage B. 3. The Pmduc~-Comp~e~ad Operations AggmgMa Limit is the mo~t w~ vel ~ under Coverage A for ct~n~ I:~..iu~a of 'bodily injuq~' and 'property damag~° h~zlrd.' 4. Subject to 2. abcwe, the Perlonl~ and ~g Injury Um· b the mom w~ wil pay under Cave,ge B for fire ~um o1' M damag~ because of M inJuP/' and M'~vart~ng injury' sustained by any one parlor or orgalniz~ort. ~. Subj act to ~. Or 3. above, whichever app',ie-, the E~ch Occurrence limit b the moat we wa PW for ~a of:. -. Damage~ under Coverage A; and b. Me<~c~/eq=enee~ under Coverage ¢ became of d "lx~l~/Injury' and 'pmpertf damage' arl~ng out of any one 'occurrence." 8. Subject to 5. m~ova, Ifa Fka Damage Umit is the most we vdl pay under Coverage A for because of 'lxopefty d~m~ga' to I~e~ti~e~, while rented to you or temporally oocupled by you with permission of the owner, ,,ri~ng out of ~ny one tim. 7. Subject to ~. above, the Medlc~ Exper~e Omit k~ the molt we wi ~ und~ Co~'age C for id medic~ expen~ bec=uco of 'badly Injury' au.rained by am/ one paean. Th~ ~ of Insumrme of thl~ Coverage P~t apI~Y rem"~ning period of Icol thin 12 morl~l, ~lrtlng v~ the I~ginnlng of the ~ pe~ocl ~town In the D~, period for ~ of dMenninlng the ~ of Irmurem~. SECTION IV o COMMERCIAL GENERAl. UABILJTY CONDrr]oNc~ Bankmp~-'y. B~nkruptcy or In~dv~tcy of the in~umd or of the insurecra e~tlte wll not mteve ua of our ol,"gatlona undm thb Cowmge Pa~ 2. Dulie~ In The Event Of Occurm, lt~, Claim Or Suit, You must s4e to K that we ~re noliaecl Im ~oon .. prac~.able of in 'ogb-urrlflcl' or an which mw re~dt M I claim. To the p~dlde, no~ce ahc~ld Inctuc~ (1) How, V~left and where the 'oc~Jrr~flce' or (2) The n~rn.l and iddr~ of any injured pemorm ~nd m'tn~ end (3) The nature and Iocalion Of =ny injury or damage ·thing out of the 'occurrence' Or b. ir · ctmn b maK~ or 'au~ is brought .gainst tn·umd, you rnusl: (1) Imm·di~te4y record the spedlk~ ol' the claim Or'aul~ and the ~ received; and (2) Nolify ua m soon m pmelk~l~e. You mu~t coe to It th~ we rm:etve vff'Klen no'dca of the ct,.~m Or "ault* ~ ~aon m Sh'BCllc~lde. CG O0 01 01 gG Copyright, Insurance Sewicee _Office, Inc., 1994 0-1223 Page 8 of 13 =.You ~nd ~ny other involved insured mu~ (1) Im~ no~. summor4~ or (2) A~o~e ~ ~ o~ ~e~ end o~er ~fo~n; (3) Coo~r~ ~ ~ in ~e in~ (4] ~ ~ ~K insumn~ mw ~ ~. d, No ~ meke o~ or ~ aW ~n~, ~er ~ for ~ ~, ~ our ~ns~. C~ ~ T= J~n ~~m~, ~ ~mon er ia~ tot · ~ ~ of ~lumn~, ~ Igr~ I~ement m~ · ~, ~e ~lur~ ~d 4, O~er In~uran~ ~ ~ v~ end the ~r~ Prlmaw Insuran~ Th~ ineu~ =~, ; ~ ~u~n~ b p~eN. our o~o~ ~e ~ M ~ oth~ ~eurance ~ ~e m~ Thll Insurlnce ii exce~l over iny of the inter'rice, whethM I~mery, ex~ee, ~n~ent or on eny othM (1) Thst it Fire. Extended Coverage. Rl~. InMMetion Rkk or ~llar coverage tot · your w~'k'; ~2) Thd it Fire inem'~nce fro' pmmi-ee rented to you er tomp~mfey ~ccul~d ~ you pem~ed~on of the owne~, or {3) If the IoM srbe~ out of the m~ntermn;e m' u,e of ek(:mR. 'lu~ae' ar W to Ihs e~int not ~ubjeof ~) ~ ~. of c(wer~e A (ser:eon I). When ~ insurance it W v~ w~ have no duty under C,o,Aimge A or B ~ defend the ini~red igllnof any '~ul~ if wily othM' iniufer hal no other h~urer defends, w~ ~t~ undM ~D · o. ~ut we w. I~e aM ~ the In'urecrs dgh~ mgdn~t si ~oee other insurML When ~ b~e it e=ceee over other amount of the Io~, #' .ny, thM exceed~ the sum (1) The term en~u~t that e4 such other ir~utsnce would pay ~' the lee. in the silence M'th~ insurance: end (2) The totM of al deduclt~ end ~4/'-Meured emounll under M thM other insurance. We wi alters the rer~g ~ if ;my, wdh any othe~ insurance the! k not described in EXCMe Ir~uran~e ixovie~n end w~ i~t epeci~My lo lilly in ex~eee ~fthe Urn~ of insurance ehmNn in the Declarable of ~verege ParL c, Method o1' Sharing If M of the other in,urines pMm#s c~nt~bution by equa~ sheree, we ~11 f~:~w this method Under ~ epptoach eech in~urer conbibutee equM imounl~ unlJ it bee ~ b eppiceJMe ~ of insurance or none of the ~ remMn~. whichewf come~ tim If any of the olher~ Ineumnce does not permit con~butien by equ.l ~haree, v~ vAI c~n~t~ute by ba~ed on the rgdo of it..lq~C~ ,l~e Imit of Ineurlnce to the total al:~l:31e ~ of' insurance of M ineurem. CO O0 01 01 96 Copyr~ht, Insurance Sendces _Office, Inc., 1g~4 Page 9 of 13 5. Premium Audit. a. We will compute all ~'emiums for this Coverage Pert ~ accordance vdth our rules and rates. b. Premium ehown in ~ Coverage Pa~t ~ edvlnce pmmkJm II · depoM premklm only. At the duse of each aunt pon~d we will compute the earned premium for that period. Aunt pr~ium~ are due a~d payable on oolite to the lime Nlmed Inlumd. ff tho ~um of tho advance end audit premlunm paid for the poky pedod I~ greeter then the earned premium, we wa retom the ~ tn U'm f~t Nemed In~urad. e.. The tint Nomad Irmurad mu~t keep record~ of the Ioformat~on we need for ~'emium computolien, end mad ua eoplem ~t ouch IJme~ Repee~entatton~, By anoepting tt~ pormy, y~u ~groo: · , The ~etemant~ in the Decl-retion. are ,.r. curate end complete; b. Thoee MMemanta ara ba~ed upon rapra- · entaltone YOU mede to u~ end c Wo hmm kmued It~ policy in reliance upon your ?. Saparatton Of tosumd~. Except with reepect to the UmJt~ of Insurance, and any dght~ er dutiee ~oecir~ or,~gned in this Cove~e Pad to the ~r~ Nsmed Ineurad, ~ Ineurence epl~ee: a, A~ il' each N~ned In~med w~ro b~e only NomKI In~rad~ and tx 8epemtoly to each Lfl~ured against whom ctoim la mede or '~u'~' la brought. Transfer Of Rlght~ O~ Reeovew Against Other~ To Us. Il~ the insured hoe 6ghte lo recover ell or po~ of any payment we have made unde~ this Coverage Part, tho~o ~Jghts ara transfened to us. The ineurad must da nothing ~fto~ Iota to Impair them. At our roqueet, tho Ineurad will b~ng "suit' or t~an~er tho~s dgh~ to tm and help us enforce them. g. When Wa Do Nb. Renew If we decide not to anew thb Coverage Part, we wii mall or dM to the r~st Named Insured ·how~ in the Dec~rlttonl wfllten ~ of the nonranewal not ~ thin 30 days before 1~· expiralion date. If no6ce b mailed, proof of mi~ng MI be sufficient prm~f of no'doe. SEC11ON V - DEFINmONS t. 'Advertising Injury' meaus Inju,y ari-~ng out of one or more or,he la'towing offerm~ a. Omi or w~t~n putx~.~n of matm~l ~at ~rmparagee a pemon'a m o~ganizal~on'a goode, s pemon's dght of pd~cy; o. Misappmpd~on of advedi~mg Idee~ or ~yte of doing bu~neea; or d. Infringement of COl~ I~ or ~ogem 2. 'Auto' means · lend motor vohida, tra~er or aemib'akw de~gn~d for hvof on pulgio road~, IncluOng any at~ched maohinery or ~quipmenL Bu~'aut0' doe~ not IncJude 'mo~le equipment.' 3. 'Bo~ InJmy' meane bodily Injmy. ~imen~ or dtae~ m~ainmi by · pemon, Including death rNultlng from any of theee ,,t ·ny I~me. 4. 'Caverage ~e~to~y' mem~: a. The Unlt~l SIMee of America (indu,~ng its terdtoden and POe~NMOus). Pu~to Rico and · Canada; i tx Intamettonel wetere or aimpo~e, im~cled the InJun/or damage doe~ not o~'ur In the eoume of trave~ or transportation ~o or from any place not included in ~. above; or (1) The injury or damage m out of: (~) Goc~ or Ixodu,~ made or ~ by you in the lenttory dem~bed in ~. above; or CG O0 01 01 ~6 Copyright, Insurance Services_Office, Inc., 1994 C-1223 Page 10 of 13 (b) The ,.trivia,. of ,. per.on who~e home i, in the territory described in · above, but ~, ~vay for ,. eho~ ~im. on your b~minees; and il dMMmJned in ,. ',.ult' on the me,ti, in tho territory delcdbed in a. i)b<)ve or in a 'Employee' indudel a °)ei~d worke~.' 'Employee' doel nM incJube ,. 'temporary worker." 'Exe(~Wve ~ meel~ · p~mon holding ony of tho ~ p~Worm moated by your chlder, con~tu~on. by4~w~ m any othlf ltmler governing document. · lmpMed p~op~y' omni tan~*b~e propo~y, othl~ thl~ ~jour product* or 'your work.' thlt c~nnM bi u~ecl or Il lees uloful becauml: L R In~orporMm 'your p~oduc~' or 'your work' thM il known or thought to be defeof~ve, dMictent, ~n~dequlte er d,,ngeroul: or b. You h,.vm fT,/Md to I'Uffill the tefra,, of ,. con,'Ici or if ,.uch properly can be restored to uso by:. · Th,. repMr, reS34icammlt, edjudmont or removal of'your product' m 'your work'; or b. Your fulrling tho terrn~ of tho contmc'l or agreement. · in,.ured contract' mearm: A cofltrl~ for · leaca of premises. However, that podk)n of the conb'act for i I~.le of prom'les that indemnM ~ny perlon er orgln~zgdon for d~rn~ by fire to prom,,sex wt~le rented to you or tempomn~y occup~l by you w~h pMm~on of the owner il not ,.n *inmJmcl contract: b. A -~detr`"ck ~eement; ¢. Any eae~.ment of license agreem~t, except in connec~on ~ construclmn or demoli~on oper,.lioes on or within 50 feet of · raitroad; d. An o~g.'don, es required by ofdinmnce, to indemnify a munic~paity, except in connecl~n w~h work for a municipality, e. An eievatof maintenance ,.greemont~ f. That p~t of any other c~ntr~ or ~gresm,.nt penning m ~ur ~n~ ~md~ng mn ~n~n ~ m mun~ ~ ~n~n ~ ~ ~ ~r ~ mu~ ~ ~ ~u Mume ~e ~ M ~ ~ ~ pw ~ ~ I~u~ or'm~ dm' ~ · ~d ~ or ~n. T~ ~ m~ a ~ M e~memen~ (1) ~ ~ · r~ ~ ~ ~u~ ~ m ~ ~, ~n ~, mnnM. ~ ~ ~ ~) ~ ~ ~ ~ ~nw or ~ ~ .~ m~ ~p drMn~, o~. ~ (b) ~g ~ or ~ m ~ ~ ~ ~ju~ or ~ ~ (3) Und~ ~h ~ ~ ~ ~ m~ en~n~ ~ muir. ~ ~ ~ mnd~g or fm~m ~ re~ ~n~ ~~ng~~)~ and ~e ~ ~n~ Nm, ~ ~ d~ ~ to 10. 'L~ng or un~ng' m~ ~ ~ng of prope~ CG O0 01 01 ~$ Copyright, Insurance Sen'ices Office, Inc., 1994 Page 11 of 13 11. Wl~ie ~t ~ ~t or on en aircraft, w~ercmft or"a~o'; or ~ ~ng or u~lo~" do~ not include m~me~ ~ pro~ ~ mem~ of m m~hm~ d~ ~,r ~ · h~d ~c~ ~t b not ~ed 'Mo~e ~ m~ any =f ~e fo~ng ~ ~nd ~ ~u~ng m~ ~lch~ ma~n~ or ~u~t Bu~z~, ~rm ~e~, fo~ ~d o~er ~l~ ~ ~ use p~ndp~ off pu~ b. Veh~ m~n~ for u=e ~o1~ on or d. V~ ~er ~.~o~ed or m~n~n~ p~.~ to ~o~e mo~ to ~en~ moun~: (I) P~ =~.. =hove. ~adem. ~m ~; or (~ R~d ~n~on or r~u~e~g ~u~t e, V~ ~ ~ ~ ~. b.. ~ or d. · ~ em n~ ~o~ ~d ere (1) ~ ~m. pum~ and and ~ I~g ~u~ or f. Veh~ no~ d~d ~ ~. b.. ~. or d. md~n~ ~ for ~rp~ o~er H~. ~oMed ~h~ ~ ~ "m~': (1) (b) ~ m~mnce, b~ not co~n (~) Che~ ~ mhd ~mlar d~ m~n~ on ~m~ ~ ~ck ~h~ mhd or mhd (3) A~r co,.,xe~eor~, pump~ end genre'afore. mhd ~ ~ng ~ui~t con~uo~ or r~ ~re ~ ~e pn~ h.~fd ~n~nL ~du~ ~ ~c~ or f~ng (b) Wh~ M o~ ~e ~k ~ ~ done ~e hM ~n ~ Y~r con~ Work ~ mW h~ ee~ ~m, CG O0 01 01 II Copyright, Irmunlnoe Sendce~_Offlce. lnG., 1~J4 C-1223 P-ge.lZ of 13 b. Doea net. include 'bodily injury' or ";xopety damage' arir, Jng out of:. (I) The ~'anaportalion of property, urde~ the injury or damage arises out of i con~r~on in or on · vehicle not owned or operated by you, and the condaJon wN created by the 'loading or unload'ag' of that vehicle by any insured; (2) The e:~tanceoftools, uninatliledequipment or abandoned el' unused matoda~; or (3) Product~ er opmatlortl f~' which the cleaeiflcatlon, I~ted in the Declara~ons or in a com~ed opor~on~ are au~eot t~ the Gene~ Aggregate Limit.. 15. 'Property damage' means: a. Phy~cal inJuP/t~ t~nglbls properly, including resulting kma of ~me of u~e ehM ba deemed to occur at ths ~me of the b. ~ et' usa o~ tanglb~ property that i~ not ph~,lcaay Injured. All such deemed to occu~ at the lime M the 'occurrence' that cau~a<l IL 16. 'Suit' meerm I c~1 proceeding in which dan~ge~ because of "bodily injury,' 'property damage,' 'pemonal injury" or 'advorl~ng injury' b which thi~ insurance ippr~ ars Meged. "Suit' inctuM: m. A~ irbitratlon I~'oceed~g In which ~uch damages are claimed and to which you must ~,ubmit or do submit ~ our con~; b. A~y othor alternative dispute ~eaotufion pro- ceasing in ~ such damages are claimed and to which you lubmit with our conlenL 'Temporary worker' means a peach who t~ furnished to you to lub~tute ~'or · permanent 'empk~yee' on leave or to meet aea~on.~ or tho~t-tefm WOddoad c~n ~tionl. · You~ pmducr anna: a. Any good~ or product~, other than real ~'ope~ty, m~nul'actured, ~old, handled, di~buted or d~peaed of by: (1) You; (2l Otham tm~ing undar your rmme; or · ~mb~ YOU have mcqubad;, .~d Ix Cont~inem (othor thBr~ vehJdes), memlol~ perm or ~qulpmeot fumbhed in ~onnecltofl ~ aueh good. m pmduct~ 'Your pr=duct' b. Th. providing of or fa~ure te instmcllona. 'Your predu,~t' duel n~t Include v~.ang maehin~ ur other properly anted te or located ~ the u~e of othem but not · Your w~rk' msene; a. Wmk er opora~orm puff armed by you or on you~ behaff; and b. Material, per~ er equipment fumlehed in connec~o~ w~th such wozk or opera~on~. "Your work' lncludel: b. · The p~ovkling of or failure to p~ovidl warnings or instructions. CG O0 0t 01 96 Copyright, Insurance Services Office, Inc.. 1994 Page 13 of 13 COMMERCIAL GENERAL LIABILITY CG 22 43 01 96 THIS ENDORSEMENT CHANGES THE POLICYo PLEASE READ IT CAREFULLY. EXCLUSION - ENGINEERS, ARCHITECTS OR SURVEYORS PROFESSIONAL LIABILITY This endomement modifies insurance provided under the following: COMMERCIAL GENERAL LIABIUTY COVERAGE PART The following exclusion is added to paragraph 2., ExcluNons of COVERAGE A - BODILY INJURY AND PROPERTY DAMAGE LIA~II.ITY (Section I - Coverages) and paragraph 2., Exclusions of COVERAGE B - PERSONAL AJ~ID ADVERTISING INJURY I.IABILITY (Sec'don I - Coverages): ThiS In,urance does not apply lo 'bodily Injury.' 'propally domaga,' 'personal InJuq~' or 'edvelllslng I.Ju./' I~ng out of the rendering or failure to render any professional eervice~ by you or ,,ny engineering, a~chitect or ,uweyor who iS either employed by you or performing work on your behalf In such capacity. Profe~tonal sewtcea Include: 1. The preparing, appro~ng or failing to Ixepare or approve maps. shop drawings, opinions, reports, suweys, field ordain, change oMem, or drawings and apec;~ficailoes; and 2. Supervisow, Inspection, architectural or englne~riltg ac~vi~es. CG 22 43 01 96 Copyright. Insuranc,.e _,~eLMCes Office, Inc., t994 CO ERCgAL GEHERAI. 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 previa/on Is added to SECTION II o 0Nrta Is an insured), 5, Any per~on(~) or organize§on(s) f, hereinaftor c~JJed ',~dd~dOrlll inlurad") ~ ~ you agree ~ a w~ten construction conbact to name as an insured b an insured with re~oec~ to liability adrdng out of ongoing operations performed by you or on yom behaif on the project specirmd in the corm~ction contract, including acts or ondsslons gl' the AddYdonal Insured in connecBon ~ the general supe~on of such opera~ona. ThIs Insurance appll~ on an excess basis un)~ required by the written contract, agreement or permit Umt thIs Insurance apply on I pdm~ry bas~. However, the insurance provided to the Additional insured does not apply to: a. 'Bodily injury,' 'property damage,' or 'peraonal injury,' occur~ng after. (1) All work, Including mateMIs, peris or equipment furnished in connection wi~ such work, on the project (other then sauce, maintenance or repairs) to be performed by or on behalf of the Additional Insured at the ~te of the covered operel~m~ been completed; or (2) That portion of'your work." out of which the injury or damage arises hse been out to ~ intended use by any pera~n or organization other than another conlmctor subcontractor eng~q~ed In pea'arming operations for a principal m; a pert of the same project b. 'Property damage' to: (1) Property owned, used, or occupied by or rented to the Add,anal Insured: (2) Property in ;he care, custody, or control of' the Addi~ona! Insured or over which the Additional insurecl IS for any purpnse exsrcising physical con~ol; or (3) 'Your work' for the Additional Insured. 'Bodily Injury.' 'property damco,' or 'persona; injury,' e~sing out of the rendering of or failure to render any 'profesrdonal services' for you or for others. The foltow~ng definition IS added to ,SECTION V (Detin~ons).' 'Profmmionel Services' means sen4ces which were or should have been rendered by an architect, engineer or land surveyor ~n the practice of their profession, including but not limited to* 1. Preparing, epl~ov~ng or failing to prepare or approve map~, drav~ngs, opinions, reports, surveys, change orders, designs or spec)fications; or 2. GK~ng dirac~ons or instructions, or fai~ng to give them if that Is the primary cause o! the injury or damage. PGL 2011 (1/95 Ed.) 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ENDORSEMENT POLiCy NO. 829700-33-~$-74-4 AP27 Gl. O~ Page ¶ of 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ENDORSEMENT POliCy NO. AP2? GL 02 Page I of I PREM N~ -0001 0001 OO01 0001 0001 O001 0001 0001 0001 0001 00Ol OO01 DES! IATION OF PREMISES SCP' 'JULE POLICY NO. 829706-33-G3-74..4 NO. 0001 {SEE APPROPRIATE POLICY PROVISIONS FOR COVERAGES APPLICABLE) DESIGNATED PREMISES (ADDRESS, CITYt OFFICE 1001 SOUTH FRONT STREET STEELTON, PA 17t13-3047 0002 SCALE HOUSE 1001 SOUTH FRONT STREET STEELTON, PA 17113-3047 0003 STORAGE 1001 SOUTH FRONT STREET STEELTON, PA 17113-3047 OOO4 OIL STORAGE 1001 SOUTH FRONT STREET STEELTON, PA 17113-3047 0005 TIRE STORAGE 1001 SOUTH FRONT STREET STEELTON, PA 17113-3047 00O6 0007 REPAIR SHOP 1001 SOUTH FRONT STREET STEEl. TON, PA t711 DRY PLANT SCREEN SECONDARY CRUSHER 1001 SOUTH FRONT STREET STEELTON, PA 17113-3047 0008 PRIMARY JAW CRUSHER & STEEL DUMPING STAT 1001 SOUTH FRONT STREET STEELTON, PA 17113-3047 0009 SCREEN BLOG SUBSTATION TRANSFORMERS 1001 SOUTH FRONT STREET STEELTON, PA 1711 $-3047 0010 SORTING & DISCHARGE BINS 1001 SOUTH FRONT STREET STEELTON, PA 17113-$04? 0011 WASH HOUSE & SAND CLASSIFIER 1001 SOUTH FRONT STREET STEELTON, PA 17113-3047 0012 COMPUTER CONTROL PANELS FOR ASPHALT PLAN 1001 SOUTH FRONT STREET STEELTON, PA 17113-3047 OCCUPANCY CPD3 (03 90) DES,...NATION OF PREMISES SCl-._DULE pENNSYLVANIA M~NUFACTUR~' ASSOCIATION INSUP,~NCE C~MPAN~ PREM BLDG NO. NO. 0001 0013 0001 00t4 0001 0015 0001 0016 0001 0017 0002 0001 0002 0002 0002 0003 0002 0004 0002 0005 0002 0000 0002 0007 0002 0008 POLICY NO. 829700-33-65-74-4 (SEE APPROPRIATE POUCY PROVISIONS FOR COVERAGES APPLICA. BLE) DESIGNATED PREMISES (ADDRESS, CITY, STATEI BARBER GREEN ASPHALT pi-ANT 1001 SOUTH FRONT STREET STEELTON. PA 17113-3047 BOILER & ASPHALT TANKS 1001 SOUTH FRONT STREET STEELTON, PA 17113-3047 GREEN LAB TRAILER 1001 SOUTH FRONT STREET STEELTON, PA 17113-3047 YELLOW BLDG 1001 SOUTH FRONT STREET STEELTON, PA 17113-3047 BOX TRAILER INCL GENERATOR 1001 SOUTH FRONT STREET STEELTON PA 17113..3047 MAIN OFFICE 205 CREEK ROAD CAMP HILL, PA 17011-7417 ADDITION TO MAIN OFFICE 205 CREEK ROAD CAMP HILL, PA 17011-7417 SERVICE PiT 205 CREEK ROAD CAMP HILL, PA 17011-7417 MAIN STONE HOUSE 205 CREEK ROAD CAMP HILL, PA 17011-7417 LUNCH ROOM & STORAGE 205 CREEK ROAD CAMP HILL, PA 17011-7417 STORAGE/RECORD VAULT 20S CREEK ROAD CAMP HILL, PA 17011-7417 STORAGE & DUST COLLECTION SYSTEM 205 CREEK ROAD CAMP HILL, PA 17011-7417 METAL CLAD SCREEN PLANT 205 CREEK ROAD CPO3 [0390) PREM NO. 0002 OOO2 0002 0002 0002 0002 OD02 0002 O00Z 0002 0002 0002 DESi,.NATION OF PREMISES SCN_DULE PENNSYLVANIA I~%/4~FACTUI~ERS' ASSOCI~ATION INSUI~ANCE CCl4~ POLICY NO, 829700-33~63°74-4 (SEE APPROPRIATE POLiCy PROVISIONS FOR COVERAGES AIq~.tCAB~E) DESIGNATED PREMISES (ADDRESS, CITY', STATE) CAMP HILL, PA 17011-7417 0009 TERI'tARY CRUSTIER 205 CREEK ROAD CAMP HILL, PA 17011-7417 0010 SECONDARY PLANT 205 CREEK ROAD CAMP HILL, PA 17011-7417 0011 TRANSFORMER 205 CREEK ROAD CAMP HILL, PA 17011-7417 0012 PORTABLE CRUSHER 205 CREEK ROAD CAMP HILL, PA 17011-7417 0013 METAL STORAGE BLDG 205 CREEK ROAD CAMP HILL, PA 17011-7417 0014 CIRCULAR ASPHALT PLANT CENTRAL & OFFICE ZOi: CREEK ROAD CAMP HILL, PA 17011-7417 001S LAB TRLR 205 CREEK ROAD CAMP HILL, PA 17011-7417 0016 STORAGE 205 CREEK ROAD CAMP HILL, PA 17011-7417 0017 FRAME GARAGE 205 CREEK ROAD CAMP HILL, PA 17011-7417 0010 ASPHALT PLANT 205 CREEK ROAD CAMP HILL, PA 17011-7417 O01g ASPHALT PLANT #4 205 CREEK ROAD CAMP HILL, PA 17011-7417 OO2O ASPHALT TANKS 205 CREEK ROAD CAMP HILL, PA 17011-7417 OCCUPANCY CPD3 (03 90) PREM NO. 0002 OOO2 00O3 0003 0003 0003 OO03 0003 0OO3 0003 0004 0004 0004 DES NATION OF PREMISES SCi DULE pEN~TS~'~,VA~'~t~ 1~4'UFA¢'I~JRER.S' ASBOC~A'~'TOLq I'~BUJLAHCE CCKP~' POtlCY NO. 829700-33.~3..74-4 BLOG 0021 0022 0001 0002 0003 0004 0005 O00G 0007 0008 0001 0002 0O03 (SEE APPROPRIATE POLICY PROVISIONS FOR COVERAGE8 APPLICABLE) DESIGNATED PREMISES (ADDRESS, CITY, STATE) CHAIN LINK FENCE 205 CREEK ROAD CAMP HILL, PA 17011-7417 20S CREEK ROAD CAMP HILL, PA 17011-7417 DISPATCH HOUSE 1300 HUMMEL AVENUE LEMOYNE, PA 17043-1745 REBAR STORAGE 1300 HUMMEL AVENUE LEMOYNE, PA 17043-1745 AUXILIARY SHOP 1300 HUMMEl. AVENUE LEMOYNE, PA 17043-174S 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 17043-174S STORAGE BLDG - BULL PENS 1300 HUMMEL AVENUE LEMOYNE, PA 17043-174S POND PUMP ROUTE 34 MOUNT HOLLY SPRINGS, PA 17005-9999 OFFICE & SCALE HOUSE ROUTE 34 ' ~*' ~- ' * MOUNT HOLLY SPRINGS, PA 17055-9999 SHOP BLDG ROUTE 34 MOUNT HOLLY SPRINGS, PA 17065-9999 CPD3 (03 90) DES, NATION OF PREMISES SCL 3ULE PENI~STLYANIA b~JFAC~'U~ER~' A~SOCZATI~ INSU~qcE ~AN~ PREM B~ NO, NO. 0004 0004 0004 O00S 0004, 0006 O00S 0001 0005 0002 O00S 0003 0005 0004 0005 O00S OOO5 0006 O00S OOQ7 O00S 0008 POUCY NO. 829700-3343-74-4 (SEE APPROP~JATE POLICy ~OVI$IONS FOR COVERAGES APpt. ICA~.E) DESIGNATED PREMISES (A]~DRES$, CITY, STATE) WASH PLANT ROUTE 34 MOUNT HOLLY SPRINGS, PA 17055.0099 STORAGE BLDG ROUTE 34 MOUNT HOLLY SPRINGS, PA 1701~5-9999 SWITCH HOUSE ROUTE 34 MOUNT HOLLY SPRINGS, PA 17065-9999 JAW CRUSHER LOCUST POINT QUARRY LOCUST POINT ROAD SILVER SPRING TS, PA 17575-9999 ASPHALT PLANT LOCUST POINT QUARRY LOCUST POINT ROAD SILVER SPRING TS, PA 17575-9909 SHOP BLDG LOCUST POINT QUARRY LOCUST POINT ROAD SILVER SPRING TS, PA 17575-9999 SCALE HOUSE LOCUST POINT QUARRY LOCUST POINT ROAD SILVER SPRING TS, PA 17575-9999 ASPHALT PLANT CONTROL TRLR LOCUST POINT QUARRY LOCUST POINT ROAD SILVER SPRING TS, PA 17575-9999 OFF TRAILER/LAB LOCUST POINT QUARRY LOCUST POINT ROAD SILVER SPRING TS, PA 17575-9999 STORAGE/OFFICE TRAILER LOCUST POINT QUARRY LOCUST POINT ROAD SILVER SPRING TS, PA 17575-9999 PORTABLE CONCRETE PLANT LOCUST POINT QUARRY (X~CUPANCY CPO3 (0390) PREM NO. OOOS 0005 0006 0007 0008 0009 0010 0011 0012 0013 0014 0015 0016 DES,..,NATION OF PREMISES SCI-._DULE I~Eh'I~:~'LVAH~Jt. ~*4M,,~,J'FAC~R,8' A~SOCZA?3'Olq ~qSUJ~CE CCI4~J~IX pOI ICy NO. 829700-33-63-74-4 O00g 0010 O001 0001 (SEE APPROPRIATE pOlICy PROVISION6 FOR. COVERAGES APPUCABLE) DE~GNATED PREMISES (AOORESS, CITY, STATE) LOCUST POINT ROAD SILVER SPRING TS, PA 17575.9959 UQUID ASPHALT STORAGE TANKS LOCUST POINT QUARRY LOCUST POINT ROAD SILVER SPRING TS, PA 17575-9999 STORAGE GARAGE LOCUST POINT QUARRy LOCUST POINT ROAD SILVER SPRING TS, PA 17575.9999 STORAGE LIMEKILN & SPANGLER$ MILL ROAD FA~RVIEW TS YORK, PA 17070-9999 AIRPLANE HANGER CAPITAL CITY AIRPORT NEW CUMBERLAND, PA 17070-9999 HOLLYHURST TRAINING CENTER LION ROAD & LADNOR LANE MOUNT HOLLY SPRINGS, PA 17065-999.9 HANGER GROUP C IN HANGER 4 AREA CAPITAL CITY AIRPORT NEW CUMBERLAND, PA 17070-9999 HERTZLER FARM LOWER ALLEN TS, PA 17011-9999 OYSTER FARM FAIRVIEW TS YORK, PA 17070-9999 HARBOLD FARM FAIRVIEW TS YORK, PA 17070-0999 DILl. ER FARM FAIRVIEW TS YORK, PA 17070-9999 BURCH FARM #2 FAIRVtEW TS YORK, PA 17070-999S BURCH FARM #4 FAIRVIEW TS YORK, PA 17070-9999 SPRINGERS LANE ROUTE 11 & 15 O~'.,CUPANCy CPD3 (03 gO) *C Y.~.~,~ PREM NO. 0017 0018 0019 0020 0021 0022 0023 0024 0025 0026 0027 0028 0029 0030 0031 DESI,..NATION OF PREMISES SCi-,_DULE PENNSYLVANIA ~"JFACTURE/~, A~SOCIATZON iNSUI~ANCE CC~PAN~ POUCY NO. 829700-33-63-74-4 Bt. DO (SEE APPROPRIATE pOUCY PROVtSK)N$ FOR COVERAGES APpL.ICABtE) DESIGNATED PREMISES (ADORES6, CITY, STATE) NEW CUMBERLAND, PA 170T0-9989 SPRANGLERS MILL ROAD LOWER ALLEN TS, PA 17011-9999 DICKENSON TS TOLAND, PA 17324-9999 18TH & HUMMEL AVENUE LOWER ALLEN TS, PA 17011-9999 MtDDLESSEX TWP. CARLISLE, PA 17013-9999 YORK COUNTY, ALONG TURNPIKE NEW CUMBERLAND, PA 17070-9999 25 NORTH ENOLA ROAD ENOLA, PA 17025-9999 NEAR PA TURNPIKE SILVER SPRING TS, PA 17575-9999 LR?67 SUSQUEHANNA RIVER LEMOYNE, PA 17043 STEELTON QUARRY ROAD OLD 283 SWATARA TS DAUPHIN, PA 17057-9999 SPANGLERS Mitt & UMEKILN ROADS FA~RVIEW TS YORK, PA 17070 VALLEY LAND CORP. EAST PENNSBORO TS, PA 17025-9999 MACUNGIE TWP ALLENTOWN, PA DICKENSON TWP TOLAND, PA 17324 MORRISON FARM RT 34 MOUNT HOLLY SPRINGS, PA 17065 WAGGONERSGAPROAD PERRY COUNTY, PA OCCUPANCY CPD3 (039o) POJ3t (0~ #) ¢PO$ (eS NI LH 2111J4 Il. ~ 4~ 0S # It 0O 10 Q1 ~1 I~)~TSTT-VA3~T iA ~ ENDORSEMENT SCHEDULE PoucY NUMBER: iNTERUNE FORMS Common Policy Declaration. End~wse~mM. Add#infla[ Named Insured Desigflatine of Ptlmlaee Schedule Nuclear Energy Uablllty Ezctuato~ Endor#menl (Broad Faint) Pennsylvania Changes - C~ncatlatJon · Raflewd Pmtnsylvlnla Nntice Heavy Trade Contractors Endo~eenwnt 829700-33-63-74-4 CPDIS (03 CPD-I$103 CG 00 01 01 DJ CO 22 43 01 H P7011 (04 PS/20 11 01 96 AP27 GL 01 AP27 GL 02 AP27 GL 03 ¢G2412 CP2416 (01/Jt PGL30?0 PROPERTY FORMS Commercial Property Declarations Sup~4m'neninl Commm~Ld I~opefly ~brd~n8 Stdm~ ~ V~ ~JMiq md ~r~l P~y bv~qt Fo~ E~a ~ C~ F~ ~1 ~ C~s C~UMS of Lm- S~I F~ ~ss ~ya~ ~ovlaMs GENERAL UABIUTY FORMS Commercbl Genell Liability D~clMatlone C--....rcla! Geneql Uabllity Schedule CO. lmerclat Oene~el Ueblllly Coverage Form IOccurrence) Exclusion - Engineers, Architects ac SurYeym$ Prof. flab. C...,.,.rcbl General Liability Asbestos Exclusion ErtdoFs~neRt Employment - Related Practices Excluslmt Addl Iflsuredl By Conlrict, Agreement Amendment of Fire Damage Liability: Amendment of Bodily Injur/Oeflnllion: ¢oNractual Liability - Rallroadl: Limited PMluflm't Liability Extension EndmseflwM Employee BOneMi LMMI#y Ineurince CPI)7 (03 CM 00 01 ~IM 00 3S DEC 01 IM. ANO MARINE FORMS Commercial Inland Mlflne D~clorations Co~clal Inland Marine Conditions No¢lce to Pollcyholcl~rs (P~MO0$I) Contractors Equipment ¢ovffage Dec P9998 Page I of 2 ENDORSEMENT SCHEDULE POUCY NUMBER: ~29700-33-G3-74-4 Contractors Equipment Cortege Form Weight of Load Exlondon End4~Nrnont Notice to P~ho~l E~ Lo~ P~a~ P~I~ C~s E~ ~r~e: BoLler and Hach~nery Form~ (see pase ~ of the Boiler and ~achinery D~l~ation$ PaEe) P9998 Page 2 of 2 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ENDORSEMENT POUCY NO. ADDITIONAL NAMED INSURED(S) ENDORSEMENT SILVER SPRINGS CONSTRUCTION CO. V,a~LLEY LAND CORPORATION 829700*33-63-74-4 Page I of 1 HEAVY 'RADE CONTRACTORS i IDORSEMENT 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: 820700-33-63-74-4 EFFECTIVE DATE: 03/0111097 SCHEDULE* EXTENSIONS PROPERTY: Newly Acquked or Constructed Property - Bu~d~hgs Business Personal Property Recharge of IrKs Protection Equipment Arson Reward Electronic Data ProeesNng Equipment end Media Extra Expense Buiders' Risk end Installation Floater GENERAl. LIABILITY: Propen'y Damage Liabikty in Your Care. Custody or Con~ol Medical Payment~ Aggregate Limits of Insurance Liabilty for Damage Caused by Fire, Explosion. Smoke. Lightning and Water Damage Legal Liability Broadened Coverage for Watercraft You Do Not Own The following Extensions are included on a combined Blanket Limit of Insurance basis. lIMIT OF INSURANCE $1,000,000 $'S0O,0OO 10,000 £O~-mPZ)f0030DEC 25,000 50,000 $ 5,000 $ 20,0OO ~ 1:.o 50 £eet: unles~ otherwise spechqed. (x) BLANKET LIMIT OF INSURANCE OR Individual Sublimlt Basis Applicable 250,000 Personal EI/ect~ end Property of Others Property Off-Premlse~ Outdoor Property Em~oyee Tools Unscheduled Fine ~ Accounts Receivable Valuabie Papers and Record~ - Coat of Research Back-Up of Sewers and Draine See EOL'1f, P~O35DEC Information required to complete this SCHEDULE. if not shown on this endorsement, will be shown in the Declarations. The above Extensions may be subject to Special Deductibles or other coverage limitations. Pleese read the entire endorsement for complete explanation of the coverages. PPF O2 35 (10/94 Ed.) (~tT)~)[; Page1 ore The follow~g changes apply to the Building and Personal Prope~'y Coverage Form as specified. A. COVERAGE 1. Paragraph 1. t (3) is deleted in its enUrety and replaced with the following: (3) Out43oor Fbdure~. Secluding but i~ notimited to: (e) Fences, paved surfaces; (b) Out~delighUng f~.l. uras; or (c) Signs. 2. The following Covered Property are added to paragraph 1.e Bulk:ling: (2) (d) Founda~ons. (4) (e) AJen~, communicalion end monitoring systems; and L~vn maintenance or snow removal equipment not attached to en auto. The first paragraph of item b. Your Business Personal Property is deleted in ~ entirety end replaced with the folaw~g: Your Bustnm Pemonei ProperS/located in or on the built,rig described in the DecJsre'dons, Itl the open, or in · vehicle within 1,000 feet of the de~.~bed premises. consisting of the folowing unless othen~,+$e specified in the Declarations or on the You! Busies Psmonal Property o Separation of Coverage form: 4. Subparegraphl f., g:, end m. of 2. Property Not Covered me dete~ed In their entirety. Section A. 4. Additional Coverages Subparll~'aph (2) of item b. Preservation of Properly it d~ed in its onitrety and replaced by tho foffowing: (2) Only Wtho leu or damage occum within 30 days oster tho property is flat moved. The fist paragraph of item ~. Fire Department Servtou Charge t~ deleted in it~ entirety and replmced with the tollowin~ When the fire department is celed to save or protect Covered Property from a Covered Cause of Loss, we will pay up to S5,000 for your lieb~ily for fire department service charge~ c. The last paragraph of item cL Pollutant Clean Up and Removal is deleted in its enliraly and replaced by the folowing: The meet we w~ pay uncle' thee Additional Coverage fc~ each pmmlea~ is $25,000 for the ~um of al covered ~x~ erilmg outer C~fed Clu~ of LO~ oc~"urltflg dumg each separate 12 month period of thil po~c,/. d. Tho tolowing item e. ia edded to this Sen: t Proof of Loss Preparetton Coverage Wa w~ pay up to $1,000 to cover tho cost of conducting on inventory ,pprailal, edju~ment and ixepara~on of ~ iMormnl~on irt connection wah lees covMed under thle poicy. We not pay fM the aendce6 of · public eclj ustc. Paragraph fi. Covmcege Extena~ I~ dale~d in ~ entirety end rel~aced by the following: 5. Covlrmgo Extensions F. xcep~ as othewv~e provided, the rolowtng Extensions epiC/if · Coinsurance percentage of 80% or mom is shown irt the Deoiurl~ofll to propety ~ in m on the bu~ng descathed in the Dec.4arl6ons, in the open, or in · vehicle v~thin 1,000 feet of the dascribed premises: a. Newly Acqu~'ed ~ Constroctad Property (1) You mwaMondthe insurance ~mt apprm~ to Building to aprdy tn: (a) Your new building~ while described premise'?;. ' (b) Bull~mg~y~u acqulm locations, other then the intended (I) Similar u~4 a~ the building described in the Deciaraiton~ or (ii) Uae as n warehouse. PPF 02 35 (IO~4 Ed.) C ? 2=' :t Page 2 of · (2) (2) The most we ~ pay for Ir~ or damage under this Exten-;on is 25% of the Limit of Insurance for Buiding shown in tho Declarations, but not more then $1,000,000 at each building. You may extend the inaurence that ap~ea to your Buslne~ Pemonas Prope~y to apply to that pfopen*y at any location you oc~uire other than at teim or exhibitions. The moat we will pey for Ice~ or damage under this Extension is 25% of the Umit of Insurance for Your Buasnes~ PersonaS Property shown in the Decierel~ona, but not more ~han S500,000 at each building. (3) each newly acquired or conMnJcted properb/will end when any of the folowing §rat oc~um: (e) Thb policy expire~; (b) 180 day~ eXl~re atteryoU acquire or begin to consthJct the property:, or (c) You report values to us. Wa wil charge you additionaS premium for vatuet repoded from the date conatmcl~on be1~na or you acquire the property. Peraona! Effect~ and Properly of Others You may extend the insurance that ap~e~ to Your Business PemonaS Property to apply to: (1) PersonaS effects owned by you, your of~cem, your parthem or your emp~oyoe~. This extanason does not apply to Iot~ or damage by theft. Pe~onal Property or othem in your care, custody or control. The most we ~ pay for Ion or damage under extension b. ia described in the SCHEDULE of this endow, ameer. aubject to a aubhmit of S2,500 for any one peraon'e Io~s in any one occurrence. Our payment for lot4 or dsmage to personal property of other~ wil only be to t. .~xtent of the ow'ner'e financial interest of the propen~y. The COINSURANCE Additional Condition doe~ not apply to Peraonal Effect~ end Property of A Species Deducl~ble of $250 per occurrence apldie~ to thi~ exton~on. c. Property Of/-Premtees You may ~.~=nd the ir~urance prodded by thio Extort. ion to apply to yom C~ Pm~ ~ m~, s~ or o~m n~ ~men~, ~ ~ ~ b ~ from ~ur premm d~ ~ ~e Pro~ D~, ~ ~n~ or The mo~t we wi pr/under edenason ¢. ia de~,.~ced in the SCHEDULE of~is endorsement.. The COINSURANCE Add~on-~ CondO]on doe~ not apply to Property OIf-Proml~4m. A Special Dedustilde of S250 per occurrence apflle~ to ~ Ixtonason. d. Outdoor Property You may extend ~te ineuraace provided by this Coverage Form to apldy to yom bees, ~hrub~, end Idant~ (olh~ than "stock" of trace, ehmb~, ot ptent~), including deb~ terllovas eo~pense'a, caused by or re~ulting from any of the follow~g cause~ of Io~: (1) Fire'. (2) Ughtning; (3) Exp;osion; (4) Riot or Civil Commotion; ur (5) ~rcras~. The most we v~l p~/for k~ m dan~ge under exton~ion d. ;,. ~ In the SCHEDULE of thi~ endom~mant. The COINSURANCE Addilionas Condition doea, not apply to Outdoor Pro;mn'y. A Specias Deductible of $250 per occurrence appae~ to this extortion. PPF 02 35 (t 0/94 Ed.) C~I~i Pl~e 3 o~ 9 o. Employee Tools You may extend the insurance that appies to Your Business Personal ProperS/to apply to employes tools while in your care. custody and control. 'l'ne mo~t we wil pay for loss or damage undo'this Ext~eion Ii described in the SCHEDULE of tho ondomemont. subject to a aublimit of $2.500 for any Dna pemon'a Io~ in any one ocgurrence. Our peymmlt for IDes of or damage to toob ot employee~ will only be to b~a ~'tant of tho financial intor~st otthe m~mer of the proge~'o/. The COINSURANCE Additional Condi~on does not app~ to Employee Toots. A Sp~ial Deducible of $250 per . DC .currence applies to this extension. f. Unacheduled Fine Arta The insurance that app~e~ to Your Busineas Pemonal Prope~'y is e~d~ to ~ obj~ of ~ ~ gl~ ~ an~que o; ~fiod fum~re, · nd O~m ~ ~at h~e ,~c me~ an~ue v~ue or ~to~l ~ ~ you o; in your care. cu~ or conb~. We ~ not ~ver e~h ~o~ E h~d f~ ~e. nor for I~ or damage ~u~ ~ re,ir, r~tomUon or r~uching. If inss or damage occurs, wa will pay tho appraised value. If you do not have on appraisal, wa will pay your cost at tho time of purchase. The moat we will pay under exton~on f. i~ detc~bed in the SCHEDULE of thil endorsement. The COINSURANCE Additional Condi~on does not apply to Fine Arts. A Special Deductible of $250 per occurrence aplY~ies to thil exten~on. g. AoGounto Receivable {1) We will pay the following that result from Covered Caueas of Loas to your recorda of accounts ceceivsh~e located at the descdped promises shown in the Declarations: (2) (3) (4) "~) AJ) amount~ customem owe you but you are unable to (b) Intereat charge~ on any loan required to off, at amounl~ you are unable to collect pending our payment of ther, e amounts; (d) Other re.charge expen~ that you th,,=ur to re-establish your records of accounts receivable. Coverage does not apply to recorda of accounts receivable in stooge away from the da~:dlxM pram.mS shown in the D__-,~._. a~iona. (a) At, ,ale place temporally w, wy from your premilea; or (b) Being taken to and returned from that place. This remov~ exten~on to ~a Accounts Receivshle Exton~ion b indud~ ~n ~e ~ ~ Insuran~ a~ ~ R~o C~er~ ~ ~e d~ ~e~ ~m ~e r~or~ ~/=un~ r~m~ are r~. W'he~ever you are not open for butine~, and ,xce~ ~ you are aofuMy using the recon:~, you mt.~ keep al recorda of accounts rmlda in fuly ended mead r~ptode~ at the dec,bed' premilas ~hovm in the (5) Additionci Exclusions We ~ not pay for ~ or damage caused by or r~r~ng from any of the following: PPF 02 35 (10F~4 Ed.) r:. ~;~3 Page 4 of 9 ho AJter(dor sificatiou, concealment or destruction of records of accounts receivable done to concsa; the w~ongful giving, taking or withholding of money, securities or other property. (b) l~kkHping, sccounling or l~lling errom or oml~ions. The mom w~ will pay under extanrdon g. i~ deea'ibed In the SCHEDULE of the, endomement.. The COINSURANCE Additionol Con~rtdon dom~ not epp/y to Accounts RecaP'able. A Special Deductible of $250 per occurrence applies to this extenalen. "Valuable Papers and Records" - Cost of Research You may exlend the insurance that apples to Your Bualn~ Pemonal Pmparty to apply to your co~te to r~erch, replace or restore the lost infom~ation on lost or damaged "valuable Pal)em and records,' including those which e~i~t on electronic or magnetic "media," for which dul~iCatel do not exist The moat we will pay under extension h. l~ deecdbed in the SCHEDULE of this sndomemant. The COINSURANCE AddltionM Condition doe~ not apply to "Valuable Psi)em and Records." A Special Deductible of $250 per occun'ence applies to this extension. Recharge of Fire Protection Equipment We will pay expanm you incur t~ recharge automatic tim protection equipment No deductible ~ eppty when such equipment ia ="recharged: (1) To r~ht a lire; or (2) A~ the result of a Covered Cause of Loss. However. we MI not pay for recharging costa if the discharge occurred es a result of te~ng of the exlinguishar or system. J. Ar~on Reward We w.il reimbume you for an arson rowed that you give to ~mecna who di~,ioael information that ~ te the conviclion of a pemon or ~o~ f~ O~m~o~ ~a rW ~ o~ ~g The ma~t we wi pay under ~lon j. il described In em SCHEDULE o(thll endomemant. No daducliNo apples to thb Exten~on. k. Back-Up of ~m end Drains L We will pay fo~ In~ o~ damage to Covared Property at dMK:ribed premises caused by or re~al~g h'om · previouS, no~-e0drding body of w'at~ b'mt beck~ up from I sewer' et' drain. Exc~Jolon B. 1.g.(3) of the Ceu~e= rd Lce~ - Special Form, I~ ~R~cabio, does not epldy to thM Extenaton. The most we wll pay under extortion lc is descn'borl in the SCHEDULE of this endomemant. The COINSURANCE Addil~nal Con~Won does not apply to Back-up of Sewers or DrMrm, Electronic "Data" Procanslna Equipment and "Media' We ~ pwfor direct physical io~ or danmge to electronic 'date" Ix _~___ing equipment and "media' es a result rd a Covered Cause of Lose. (1) We do not cover any of the folowing: (a) 'Dat~' or"m~,""~" for ~..h duplicet~ da not ~ (b) Computorl or"me<Ja" rented to othsm wh~e me-ay from the described prembe~. PPF 02 35 (t0/~4 Ed.) (JT~ 4-~lU~ Page 5 M 9 (2) The fo"owing ac= "~onal E_xctu$ion apply: (a) Errors in systems programming; or (b) Gram in inatrucbon to a machine. (3) Equipment will be valued at the lesser of: (a) The actual coot to repair or replace the equipment to original condition; The actual cost to replace the properly v~th similar prope~'y capable Of performing the same func§on. The most vv~ vv~ cover for computer equilxT~enl, word prooeosing equipment, "date''mad'm," and programs is cleloribod in the SCHEDULE of ~ endomement The COINSURANCE Additional ConcFdon doe~ not aplMy to Electronic 'Data" Processing Equipment and 'Media." A Special Deductible o! $25D per occurrence epplii~ to this extenalon. m. Extra Expenae Coverage Wa wE e~tend coverage provided for Covered Property to cover the actual and necessary extra expense to continue operations at the deec~b~d premises or et a replacement premises because of direct physical loss of or damage by a Covered Cause Of Loss to Covered Property at tho premi~e~ described in the Dectarationa. Extra Expense means naceMaty expM~o~ you incur to conUnue normal opa~MJona at i temporary Ioootion or with sub.tiara equipment, during the pedorl of time beginning on the date of the covered dlreC~ phy~cal Sou and ending on the date when the property should be repaired or replaced, with rosacneble diganoo to almiler quMity os before the Ioo~, that you would not hove incurred had there been no direc~ phy.aioof Imm or damage to Covered Property. Th" '~o~t we v~ pay under this e) ,~on is described in the SCHEDULE of this endor'semanL. The COINSURANCE Additional ConcfWon does not apply to Ex~e Expend. n. Builders' Risk and Installation Ftoo~er You may a~end the insurance that aW to Your BuMfl,-- Pomond Property to apply Io metoflail, equipment, machin~y end flxturel tha~ am o,,,med by you, or for which you are you or et your dimc~n while the (1) at any one conet~uctton premises; (2) in traosit; or. (3) at m tompomry ~tomg~ toca~on. You may atlo me,.~d the inoumnos prov~Md under this E~teneten ~ ~ · e ~g ~r ~ s~g. ~ ~l ~d · ~job ~ ~oJ~ ~. However, we wi nDt COVe. (1) pfOpmty stored at i pMmenent warehoulo or etomge y~'d lhet you own, un(~M the property ii a apacifc job or project Mte covered by th;~ Extenalon: (2) pi.ns, blueprints, deo~n or apacfA=(dona: or, (3) ~'eos. graos. ,md. lhrul~ry or The most we wtl pay for Ioos or damage under thil ~ M doscn~bed in tho SCHEDULE of thll efldomement.. The COINSURANCE Condition does riel ap~y to t~do 8u~ldro' R'uk end Inetaletion B. INSURANCE UNDER 'I~NO ~ MORE COVERAGE~ The folMng is added to parogrlph C. Insurance Under Two or Mom Cover&ges of the Commemlal Property CondltlMta: PPF 02 35 (Ic~4 Ed.) C-'~23 Page 6 of 9 If · Coverage Form is attached to U~is polic,/that provides coverage for any of the Extensions ;xovided by this endomemant, the limit shown in the schedule and the coverage p~ovided by this endorsement are deleted and only the limit ,,nd coverage provided by the Coverage Form would be ava'labia to you. C. LIMITS OF INSURANCE The fo~owiflg changes are made to SECTION C. LIMITS OF INSURANCE: I. The second paragraph regarded outdoor algn. i~ deleted in il" entirety. 2. The following paragraph is Ktded to Ih, bcttom of this Sec'~on: If apl~cabla, the Btankat Limit cd Insurance that applies to Extensions b., c., d., e., f., g. h. and k. is the most we will pay for the aura of all covered Io~se~ or damages during each separately consecutive annual period and to any remaining period of le~. than 12 month~. ~to~ng with the beginning of the porky pedod shown in the Declarations, unlese the policy podod is extended after issuance for any additional period of les, then 12 months. In thai case. the additional pedod wil be del~ed p~t of the lest preceding period for purpo~os of ~etermlning the limits of In, urance. D. DEDUCTIBLE The following paragraph, ere added to Section D. Deductible ad'the Building and Personal Property Coverage Form: subtract the deducbbl, amount only once AJso, If more than one deductible applies, we wdl subtTact the largest applicable deductible The terms of ~ DEDUCTITiLE provision do not apply to any Earth Movement end Valcenk= Eruption Deductible, Flood Deductible. or W'mdstorm or Hall Deductible that mw be provided elsewhere in this policy. 3. Other special deductibles may be in the policy for epocitic coverages. E. ADDITIONAL CONDITIONS The last paragraph of item 1. Coinsurance is deleted and replaced with the following: We will 13~y the amount determined in step (4) or the limit of insurance, whichever is les". However, the coinsurance wil not apply to ~ which are le~ than $25.000. If the ~ exceeds our payment, you wi either have to rely on other insurance or el:w, orb the ~ yourlMf. F. ADDITIONAL DEFINTt'ION~1 The foliowi~g addilional definitions are added to Section H. Definitions: "Dm' mesna fac'm., programs, concep~ co(IN or instructions conwded to i form useble In your comput~ opemtWn~ fMym~ the de~d premtse~ In the Dedare~onL 'Data" does not include 'Me<ia" is the tongil~ material on wNch 'dm" is recorded, euch se magnetic topos, ~ ~, dru~ ~r ~ and ~ ~ ~ nof induda ~e "d~' Itorad on ~e'm~.' "ValualMe pal=ere a~d recorda" means documents, manulc~-~.'- or r~, ~du~ng modga~ or"d~." B~ ~m~e ~ and G. CAUSES OF LOSS REVISION The following also apl:dies to your policy. 1. The tollov~ng applies to th~ Cau~e~ cd Lees - Bamc Form and the Causes of Lose - Broad Form. Provision 81a. orA. COVERED CAUSES OF LOSS does not apply with re"pact to glMa (including frame), that is part of I bulding. 2. The lo,owing applies to the Causes cd Lo~ - Special Form. Provision 2. of C. LIMITATIONS cE)el not apply to glass [including frame) that is po~ of a building. The toliowmg ch"noes apply to the Commercial ~nefal Liability Coverage Form es IpacifTed. A. PROPERTY DAMAGE MABIUTY IN YOUR CARE. CUSTODY OR CONTROL The insurance for 'property damage" liability i& changed to the toliowing: PPF 02 35 (10/94 Ed) (.CI ~'~3 Page 7 of 9 We w~ extend coverage tor parse 3roperty of others in your care, custody or control. This extension of coverage is excess over any valid and collec'dbia propan'y insurance (incJuding any deduotible) Mial~e M you. This extension applie~ only to tho Namod Ir~urod ~he~ukJd In the De~ara~ons. Coverage is not extandsd to any 8ddi~onal interests made a part of this policy. The most we will pay under this exton~ion is described in the SCHEDULE of ~his endorsement. MEOtCAL PAYMENTS UMIT COVERAGE C. MEDICAL PAYMENTS Limit of Inlureflca is replaced by · new Medical Payments U~ of Insurance, which is subject to ~ of the terms of UMIT OF iNSURANCE (SECTION)11). The new Medical Payments Limit is described in the SCHEDULE of this endorsement. This prov;mk)n does not apply if COVERAGE C. MEDICAL PAYMENTS ia excluded either by the provisions of the COVERAGE FORM or by endomemonL C. AMENDMENT-AGGREGATE LIMITS OF INSURANCE {Per Project) Th" Gene~ll Aggregate limit under LrMITS OF INSURANCE (SECTION III) applies separately to each of your ~rojecta awvey from premises owned by or rented to you. LIABILITY FOR DAMAGE CAUSED BY FIRE, "EXPLOSION," SMOKE, UGHTNING, AND "WATER DAMAGE" LEGAL LIABILITY. The Last paragraph ot Exclusions of COVERAGE A (SECTION I) is dalatnd and replaced es I'nilows: Exclusions c. through n. do not apply to damage by:. (1) fire; (2) "explosion;" (3) amoke of Imudge resulting from tho sudden and faulty oporation of a heating or cooking unit that had · amoke pipe leading to · chimney or the outside of the building; (4) lightfling; or [5) "water damage" to premises rented to you. The fo41owing oddit~nsi exclusions apply as respeots coverage for "properly damage" from "explosion": ED There is no cov, e for "properly damage" caused by an "expl~on' re~Jffing from any of Ulo following: (~) art~ctally generated eleofTical current. including siectfic arcing, that disturbs e~.tr;ca~ devise..p~anc, e~ ar ~res: (2) "explosion' of steam boilers, steam pipes, steam engines or ~team turblflos owned or leased byyou, or operated underlmur contro~; or (3) mechanical breakdown, including rupture or burs§ag caused by centrifugal force. But if Joes or derrmge by ~e or w~ter reaults from any of the above, we will pay for that muuitiflg'pmpafly damage" to the extent otho~A~Ma proYJdo~ under thee coverage. A aepmate irnit of insurance epMea to this coverage aa described in LIMITS OF' INSURANCE (SECTION Iff). TIYm provision dose not apl:dy if Fire Damage Legal Llebiity of COVERAGE A (Section I) it excluded either bythe Provisions of the Coverage Peat m' by endorsement. BROADENED COVERAGE FOR WATERCRAFT YOU DO NOT OWN Paragraph g. (2)ia) of SECTION I COVERAGE A, ITEM 2 Exdu~iona, is deleted and replaced as follows: g.(2Xa) lees then 51 featlong; and This provision eppiles to any pemon, who with your consent, either uses or is responsible for the use of a watorcrs~ This insurance is excess over any other valid and collect~ble inauranco mvm3ebae to the in.red whether F. SUPPLEMENTARY PAYMENTS Under SUPPLEMENTARY PAYMENTS- COVERAGES A and B, paragraphs 2 and 4 are deleted and replaced es foflowe: 2. The colt of bM bonds required bec~ula of' accidents or baft~ law ~ofaticoe adeing out of the use of eny vehicio to which the #Bodily Injury' tJability Coverage applies. We do not hwe to furnish these bonds. PPF 02 35 (10/94 Ed.) C- 12;'3 Page 8 of 9 )J ree~onal~e expan~ incmred by the ineured et our requset to asset us in the investiga~on or defense of the claim or "suit." including actual loss of earnings up to $250 a day because of bm· off from work. G. NOTICE OF"OCCURRENCE" Under SECTION IV-COMMERCiAL GENERAL LIABILITY CONDITIONS, ITEM 2-DUTIES IN THE EVENT OF 'OCCURRENCE" CLAJM OR "SUIT," Paragraph F. b ·dded as rollow~: Your rights afforded under this I~licy shall not be pr·juiced if you fail to give us notice of In 'occurrence" o~ c~im. solely alu· to your ceseonebio and documented belief that the 'bedi*ly injury ' or 'prope~o/dam·ge" is not covered under this policy. H. KNOWLEDGE OF"OCCURRENCE" Under SECTION IV-COMMERCIAL GENERAL LIABILITY CONDITIONS, ITEM 2 DUTIES IN THE EVENT OF 'OCCURRENCE." CLAIM OR "SUIT," paragraph E. is added as tolh:~ws: Notice of ·n "occurrence', cteim, or 'suit" will be con,id·red knm~4edge of the insur~ ~ re~N to an ~dud nam~ i~ur~, ~n~. '~ o~c~ or mn "em~wee" d~igna~d by you to g~e us such no,ce. L ACCIDENTAL CLERICAL MISTAKES Under SECTION N-COMMERCIAL GENERAL LIABILITY CONDITIONS, ITEM 6- REPRESENTATIONS. the following wording is added: Your failure to disclose all hazards e~bng as of the inception date of the policy aha!~ not in itself prejudice the coverage otherWiSe afforded by th~s policy, plovided such failure to disctos· all hazards is not intenfionM. J. LIBERALt7..A'I,~,N If we adopt · change in out form~ or rules that would broaden the coverage of this poicy without ext,3 charge, the bro·der coy·rag· wE apply to this policy. It will apply when the change becomes elf·clave in your state. K. ADDmONAL DEFtNITIONS The loliowthg defin~ons are ·dded to SECTION V- DEFINmONS: 20. "Explcek3n" me·re an expk3~icn, indudiog the axpto~ion of gsese or fuel ~ the rum·ce of any fired ravel, m' vdthln the stUN or lC)ess·gas through which the garnet of combuMiofl prom. Exptosion doe~ not include tam folov, dng: rupture, busting or oper·fion of pressure relief devices; or rupture or bur·ting due to expansion or swelling of the contents of ·ny building or sbuctore caused by or resurdng from water. 21. "VVator damage" me·ns ·ccidentM discharge or leakage of water or at·sm a~ ~a direct result of the ~eskiflg or cracking of any part of · system or sppliaAcs containing water or ·t~sm, other than an automatic sprink~r ·yctam, '¥Vater al·mags' doe~ not incJude the co~t of repairing or replacing the ayotem or appliance f~om which the water or steam escapes. TERMS AND CONDITIONS OF YOUR POUCY All other ·pplicable terms and conditions of the policy apply unless specifically contradicted by provisions of this endorsement. PPF 0:~ 35 (10/94 Ed.) Pegs 9 of 9 I>ENN~¥LVAlqIA [HA1 ~TU~,ERS' A~SO~iATION INSL .~NC.~ C0~i=~,.N3E POUCY N~. Ffl~MPT BRO$ PO BOX 2'/I Z0$ CREEK RD CAMP HIL~ PA 17011 K. ;L MACDONALD INCORPORATED 4900 DERRY STREET P.O. BOX 4500 HARRJSBURG, PA 17111 '! ._i L ~C~.K:YPE~tOO: FROM 0~,'0111997 TO': 03/01)1998 A.M. $~,~ndard 'f"~r4 ~ yow ~ address ~ itm, v~. ROAD/CONCRETE CONSTRUCTION, QUARRIES Corporation IN RETURN FO~ TH~ pAY M~%er Ol~ THE PREMIUM. AND SUBJECT ~ ~L ~ ~RMS ~ T~ ~Y, ~ A~ ~ YW TO ~ T~ ~E ~ STATED IN T~ ~Y. ~U~CT ~o PRopERTy COVERAGE PART GEMERAI. UA~IUTY COVERAGE PART INLAND MARINE COVERAGE PART BOILER AMD MACHINERY COVERAGE PART PREMIUM 27,392 142,951 13,145 3,897 TOTAL $ 187,3B5 FORMS APPLIG~I~.[~ TO ALL COVERAGE PA~T$: E:EE SCHEDULE O~' ENDORSEMEI'aTS c OUNTER,~G f~lEO CPD2 (0390}* BY (A-,~h~lzed THIS ENDORSEMENT CHANGES THE POUCY. PLEASE READ IT CAREFULLY ASBE.~TOS EXCLUSION ENDORSEMENT This tl~,Urance does not apph/to: 'Bodily injury' or'prope~'y darting®' which is att]~utecl to or is al~ngud to have been caused by exposure to asbestos or asbestos contalring mete~als wh~h are mamJfactured, sold, handled, mair~, repaired, removed, disposed of, transported, dtalflbuted or ittstalied by or on behalf of the insured o~ by oit~ tr~rmg under his or its name: or including encapsalalJon, or aw/other cormclke measures taken either voluntarily or ~ ~e cllreclion of any governmental entity to e#minate, reduce, control, mo~it~, or test for such health ~m~_-.d because of existe~-,e of at, bestos wilhin the land and/or building which are either o~med, teased er o~erwise within the care, cust~<ly or control of the insured. It b agreed that the Company ~hall have no duty or ebligalion to defend o~ investigate any claim excluded by this endorsement. This endomerne~t changes the policy to which it is attached and is effec~e on ',,he date issued unless 0thetwlse stated. ;. EffectNe Date ofthls Endomement 03/0111997 This endorsement forms a parl of POLICY NO. 829700-33-E3-74-4 iSSUED TO HEMPT BROS lNG I$$UEO BY PENNSYLVANIA MANUFACTURERS' ASSocIATION INSURANCE COMPANY POLICY DATED 03/01/1997 Date issued PC Y NO. for "~I~ inJu~" or "pretty ~" to a ~i~ ~rso~ o= AP'27 GL 03 (~) b. Oper&~on~ lnvolvLu~ t,,",~l,1;i.n9 un.er or ~_m~_i~"~-to~. 0£ the ca~entz~. AP27 GL 03 Page2 of 2 POLICY NUMBER: §29700-33~3-74-4 CO~MERC~ GENEF~AL [JABILITY THIS ENDORSEMEN ~ CHANGES THE POUCY. PLEASE READ IT CAREFULLY. BOATS This endorsement m~<afies insurar~ce provided under the fol~wing: COIV~V~ERCIA~. GENERAL UABILITY COVEI~/~,G£ p,a~T SCHEDULE Oescription of Wate~r~ft; ANY OWNED ROW BOAT OR PONTOON BOAT Acb:litional Premium: (if no entry alN3eem above, information required to complete Ibis endomemenl: wilt be shown i~ the Declarations as applicable to Ibis eftdorsement.) t. Exc, lusion g. of COVERAGE A {$eclJon I) does not apply t.o any watercraE owned Or used by or re~ ~ ~® 2.. ~ IS AN INSURED (Section Ii) is ~rnatn~ed to ~nclucle as an ir, sm. ed any person or opgalfi~n legally responsg3te for the use of any such watemraff you owa. fxovided b~e aCtual use is ~ your pen~ission. CG 24 12 11 85 Copyright. Insurance Servicas_O.Olflca. Inc.. 1984. 1992 IL (2} Any loss, cost or expen~'~ a~;~ng out of any:. (a) Request, demand or 0oder issued ste~tes or regulalions that any test for. monitor, clean up, remove, contain, ~'eat. ~l,,~u~;;'~' or neutrarrze, or in effects of poautants; or (b) CMim (x ,,;ui~ t~y (~' on behMf of e go~f- was~. Waste includes martial ~ be recycled, reconue~n~l o~ reclaimed. Wilh respect to ~ injury' o~ 'property d~mege' A. The 'lEach Occurrence I.imit~' sho~m in the ' Declarations does not apply. B. Paragreph 7. of LIMITS OF INSURANCE (Secllon I~ does a~ apply. C. Paragral~ I of UMITS OF INSUt~eJ, JCE (Section III) i~ placed by Um fogov~: 1. The L;,~;~. of Insurance shown in th~ Oecia~w..ts. or in the Schedule of this endmsement, and ~ roles below fix ~he most we wil PaY ~ of Ule rtulllber a. tnsureds; b. Claims made or 'st~s' brought; or c. Pemons or oegarizations making D. 'l'he f~ lire ~dded ~ i.,~,.,iz'r~ OF IN- SURANCE (Sect~m al): a. Damages under Coverage A; and b. Medical expenses under Coverage C 9. Subject to 'S. atxzve, the Mecr, cal ~ L.in~is tim mo~ v~ ~el ~ undee' ~ CG 24 15 01 96 Cop/right, Insurance Services Office, Inc., 1994 Page 2 ef 2 C-~223 TH~ I$ cLAIMS MADE CO ,~AGE. PLEASE READ THE EN ~IKE ER ,RSEMENT C~R~LY. EMPLOYEE BENEFITS LIABILITY INSURANCE This endorsement modess insurance I~'ovided under the fotlowir~g: Commercial C~neraJ Uab;~ty Coverage Pat Limits of insuranco ~ Claim Umit . S1 .O0t000 Deductible Nnount S1 Estinu~ted Number of Employees: Retroactive Date: 311~? Schedule' Aggraglte Limit FJch Gn~k)yee hte per Employee: S1 .117 Advance Premium: This insurance does Mt apply to actual or alleged negligent acts, errors or omissions which occun~d prior to the r~t~oactive date, i~ any, shown above. Employee Benef-r~s Programs other than those listed in Paragraph H: The following Cove-rage EBL is added to SECTION I --COVERAGES. COVERAGE EBL-- EMPLOYEE BENEH 1. Insuring )~mement a. We wil[ pay those sums that the insured becomes it~ally obligated to pay as damages because of negtigent act~ errors or omissions arising out of the 'ad.~i~,J ,diva' of the insored's be~u;'~, I~'Ogram'. b. We v, ill h~ve the dght ar!d duty to defend :a~y 'S~t' to which th~ im;ufanca seeking damages, (1) We rosy investigate ~nd settle any claim or 's~t' at our discreUon; (2) The amount we will pay for damages is limited as de,scnf;~ in $~-CTION III -- U~ITs OF INSUP..ANCE; and (3) Our right a~;I duty to defend emds when we ~ used ~p ~e .~3plicable lim~ ol'inswance In the payment of judgments or settlements. This tnff4~ran~e apples to damages b~=ause of a negligent eot. error or o~ in the 'admir&~n' of the insured's 'employee benefits pr0grem' only #: (1) The Mgl~ent act. orror or orr,~_~n out at' Y,d~ dm"nages arise is (2) The claim for damages because of a negr~gent ac~ en~r or oral.iota in the · ac~t,a~b_lion' of~e ihsurKrs made during the poky paziod by:. P~.L 30 70 (10/96 ed.) C-t223 Page1 ~5 (a) an 'employee' (b) a loaner 'emplo) ~'; or (c} The bene~::iarie$ or legal representa~e of an 'emp~0yee' or former 'employee'. A c~)m by a pekoe or org;miza~on v~l be deemed to have been made when notice of such claim is ;ece~ed and recorded by any Insured or by us, whlch~ver comes A~ cb~-ns for dam~s by the same person and due to ~he ~ame act, error or omiss~n will be deemed Io harm been made et Ihe lime the I~A of those claims is made against any insured. Wrilten not~ce given by the insured to us dining Ihe pellcy period of an act, error or omission taking place during the p~'mcy period which may result in claim w(ll be con.tiered a cl;dm made against the in~ured duri~ ibe Exc4usions This b~$urance does not apply. To loss a~ng out of any dishonest. fraudulet~, criminal or malicious o1' ~ committed by any b. To'bodily injury'. 'properly damage', 'pemonal injury' or "advertising injury'. c. TO IO~S arisir~l out of the lailure of perl'ormance of conb'ac~ by any lasher, group adminlstm~r 0~ health maintenance organizalJon. d. To ~ss a~sing out of an insuf~Sency of ~Inds to n'met any obligations under any plan included in the 'empl~ye~ bec-fits program'. e. To any claim o~ 'suit' based upon: (1) Failure of any investmeni to perform as represented by insured; or (2) Ad~Nce given fo any I~mon I~o peCdcipate or not to paFdclpate in stock subscdplJon p{ans ~r saving p~ograms. f. To I~ arising out of ~e insured's faiiure to cc ly ~ t~e mandatory ~s of any law ~nce~ ~rkem' ~m~n~on, u~pl~ent insu~n~. ~1 ~ or a~ ~. g. To ;~ as 8 ~ of a~ ~ al~ e~ ~ om~ ~ ~ of d~. ~ ~ m~ ~ h~ ~n C~at~ ~ B~t R~ ~ ~ 1~ ~ L~ 9~ 2~ or S~ B~et R~ ~ ~ 1~ ~u~ic ~ ~5~ ~ h. TO ~ or ~m~ f~ ~e~ ~ve ~ a~a~ f~ ~r~ for ~ ~a~ ~m r~ng ~ ~e~ L If ~ of~ e~ ~ ~. the* re~ ~e ~ ~n~ j. To ~n~. ~s To damage ~r ~[ore ~e Re~ ~e ~ ~ the m, Tol~ar~of To ~ a~ ~ ~ ~ or.alieg~ o. To a~ ~a~ ~ on ~e ~a~ of u~er a c~'a~ ~ ~reeme~. PC~.. 30 ?0 {10~6 ed.) Page 2 o~ $ C-1223 Oo p. To any claim that a written or spoken statement harmed ape ~'s reputatfOn. To any claim based upon the Pa~ure to pay more than the usual customary and reasonable dental, me~cal or expense. SUPPLEMENTARY PAYMENTS-COVERAGES A AND B amended to include COVERAGE EBL SECTION E--WHO IS INSUREO is amended as follows: 1. As respects coverage available under Coverage EBL. Paragraph 2. is deleted and replaced as foliow~: 2. Each of the follav~ing is also an insured: a. Each of your parthera, executive ofrmem and employees who is authorized to administer your °emptoyee banal'ds program'. 2. As ;aspects coverage ava~able under Coverage EBL, item d. is added to Paragraph 4. as to,lows: d. Coverage EBL does not apply to any actual or alleged negligent act, ar~or or orrdse~ that w~s commiffed before you acqu~rad or formed the organLzafion. SECTION BI--UMITS OF INSURANCE is amended as follows: 1. As respects coverage available under Coverage EBL, Paragraph I is deleted and replaced by the following: 1. The Urnits of Insurance shown in the Schedule for this endorsement and the rules below ~x the most we will pay regardless of the number of: a. Insureds; b. Claims made or 'sui~s' brought; or c. Persons or organizations making claims or bdnging suits. :2. Items 8. and 9, are added as follows: 15. The Aggregate Limit r~o~m in the Schedule fo~ this endorsement is the mosl we will pay roi' all damages under this coverage. 9. SuhleCt to 8. above, the Each Claim Limit is most we will pay for al[ damages to any one 'employe~', including dependents and bene~ies. SECTION IV'--CONDITIONS is amended as fo/k~w~ 1. As respects coverage available under Coverage EBL, concl~ons 2,4 and 5 are deleted and replaced as follows: 2. Duties in the Event of an Act. Error or Omission, Claim or 'Suit' Th~ insured must ~ to it that we are ncl~ed as soon as practicable of an actual or alleged act, error or omi~ion which may result in a olalm. To the ®Xte~t possible, notice should include: (1) How. when and Where bhe act. error or o~ took plaoe: and (2) The names and ad~ of any 'employees- who may suet'er damages as a result of the actual or alleged act, elTor or orcls~ion. b. If a claim is reg~eiv~l by any Immred you must: (I} Imm e~atefy record the specifics o f the date received; and (2) Notify us as soon as practicable. You must see to it that W~ recehm written notice of the claim as soon ~s practicable. c. You and any other involved insured must:. (1) Immedlatelysend uscopies of any demands, notices, summonses or legal paper ;eceived in connec~on with the claim o~ a 'stat': (2) Autho~ze us to oblaln records a nd ob%er intermatiott; (3) Cooperate with usin the Inves~ation, setflemer~ or defense o~the claim or °suit'; and (4) Asslst u~, upon our request. In the enforcemm~ of any fight against any pe~on or organization whlc~ may be liable to an insured because of damages to which this insurance may also appfy. PGL 30 70 ($0/cJ~ ed ) Page 3 of 5 C-1ZZ3 d. bio insured(s) still, exc:~'-,t at Iheir own mst, volunlmily make .,aymeat, assume any offiga~Jon, or incur any expense without our consent. Premium The premium shown on the Sc]nedule is an e=,l;mated p~emium only. At ~he end of the porv:y period you sha~l, upon our request, furnish us ~ a statement of any personnel changes sin~e the effec~ve date at'this coverage. We v~llthen compute ltm earned premium based upon our roles and rates. I! the earned premium exceeds the es~mated premium you shall pay the excess 1o us: if it is less we will return the difference to you. OUter Insurance If other v~,lld and celiac'tibia insurance is available to an insured Iora loss we cover under th~ eftdorsement, our are limited as follows: a. Primary Insurance This ir~u~ance is primary except when Co) below applies. If this insurance is primary, our obl'q~a~ona ere not affected unles~s any o4 the other insurance is also primary. Then we will share with e# that other L-q~urance by the method described in (c) below. b. Excess Insurance Insurance provided by this endorse- ment is excess over any other insurance, whether primary, excess, r,o~lt~a',gent or at1 any other basis: (1) That is effective prior to ~he effec~e dale o4 this endonsement and that applies to damages on other the! a claims- made bas~s, if; (1) no Retroa¢live Date is shown in the ,Schedule of the endorsement: or (i) the other insurance has a po~r perkx~ whk;h centtnue~ after the Ret~'~ac~e ~ shown I~ endorsement. ~ this insurance is e~cess over share of tim arnoun~ of the loss, if any, that exceeds the sum of:. (2) The t~tal amount ~ all such lt~ Ios~ in lt~ ~¢w O4 this insurance; ~lf-a~-~:l an~)ta:L~ under all that other Insurance. We wffi sha~e ~ remaL,~ng less, Jf any°with any other In~uram~ that i~ no4 described in the Ex=as~ Insurance prav~on and was not bought spectfacelty to Limits Of Insurance shovm in the ,e~::hedule of this endm~ement: c. Method o! Sharing If all o4 the other insuranoe permits cootrrotttions by equal shares, we will follow this method also. Under this approach each Ip. surer cont~butes equal amounts unffi it has paid its applicable lin'dt of insurance or none of the ~ remains, whichever comes first. If any other insurance does not permit cootn~ by equal shares, we w~ll c~nth~R,-t® by I~r,-~. Lhlder this method, each insurer's share is ~ on the ratio of i~s applicable ~ of insurance to the ~tal applicable ~ o! insurance of ali insurers EXTENOEO REPOK¥~HG PERIOD . 1. We ~ provide an automatic Extended Repealing Pe~od Only if:. Coverage provided by this endoraemeot is cancelled or not renewed for shy mason e~cep~ for non-payment of premium; or P~L 30 70 (10/9~ ed.) page C-1223 Ge b. VVe rensw or replace with coverage that has a Retmac'dve Dat~ '.er than ~e one shown in the Schedule of endorsement. 2. A claim first made du~ng the AutomalJc Extended Reporl~g Pe~od will be deemed to haw been made on the la~ day 0fthe policy period, provided that the c~aim is for c[;unages because of an act, error or on~ that occurred before the end of the policy pe~xl of this policy (but not before any apl:~e Ret;oaCl~ve Date). The Extended Repor~-~g Period w~l not reirrst~te m increase '~e Lim~ of [n~utranCe or extend the policy period of ~e potJcy to ~&ttlc~h this endorsement is attached. 3: The automate F_~ended Reporting Perk;d re'Il be for 60 days, s~ar6ng with the end of ~ policy po;led of the por~-;-y to which this endorr, ement is a~ached. ~ automatic Extended Roper'dog Period appFm$ only if no subsequent InsuranCe you purchase apples to f~e claim, or would apply but for the exhaUS~On of J~s 3pplJcabie limit of insurance. Deductible 1. Our ob~iga~n to pay damage~ on behalf et the in~ufed ap~[~s only to the amount of in exce~ of the each employee deductible amount r~hown in the Schedute for ~ endon;emenL Neither the Each C~aim Limit or the Aggregate Lirnit will be reduced by the amount of b~S deduct/ble. 2. Claims resur~ng I~rorn ~e same neoligent act(s), error{s) or omission{s) or one or more or the insureds are a .~ngle rJaim, and only deduct~b/e applies. 3. We may pay all er pa~t of the deductible in order to ~etUe any claim. You will reimbed~ae us p~omptly for any deduc~ole amount we pay. SECTION V-DEFINITIONS is amended as 1. As respec~ ooYerage avaffable under' Co~,taga ~:BL, the ~ollowing definit~or~e me a. means ya~ur: (1) Counserm. g 'employees'. including the~ dependen~ end bene~ia~e~. w~ re,~.pe~ Io the "employee boner, s program'; PGL 30 70 (10/9~ ed.) (21 Handrrng records in connecUon ~ the 'employee benefits pr'ogram', or (3) Effec'dttg or terminating any 'employee's' participation in a plan incJuded in the 'employee benefits program' but does not include: (1) Am/act error or on'dsslon of any a ~duc~ry under the Emplo, y~e Re~'ement ;,~,,.~me Secu~ty Act of 1974 as amended, and · rule or ~egulatJon relating to that a~-t: C~) The giv~g of legal counsa! or the unauthorized proc-rice o! law; (3) The giving et' lax advlce or making r~ntal~n as to tax conseCluer~es; or (4) Any act. error o~ ~n o~ an insurof or third ad~.tor. 'Employee Benellts program' meanS ~e following a. Group Itl'e ir~urance, group m:~cident or health insurance, "profit sharing plans', IF~ qualE~ed pens~n plans and 'stock subscriplkm plans', provided that no one other than an '®mpk~ee' may subscstbe to such insurance or plans; b. Unem~oyn'mnt insurance, social security beneets, wor~ers' compensa~n and disabillly beneM$; c. An). other similar plan designated in the Schedule of this endorsement. 'Pro~t r, tmdng plans' means only such plans that are IRS qualifaed ami equally ave'labia to all tu, t~me 'employees'. 'Stock subscrip~n plans' means only such ptan~ that ara IRS ~ualirmd ami equally available to a~l full lime °employee°, Paragraph $. of ~eglJon V- OelinJ60~ is deleted and replaced as follow~: 5. 'Employees' means your palmers, and employees whether employed, disabled of ze~ed. l~rnployee inrJudes a 'tee~ed worker'. Employee does not include a "temporary worker'. Page $'o~ 5 Xed l. sntu ot4*~ asia euoe*Juos seOeudep aseqs ol ue~,. e~.lqo ,~me o! pue ~ue u! JO jeAojdtue u~ pajnsu! eqt Jeqlau~( ~.ldde u .C~nl:)Xa '~m:le (~-.) ql~loJUa (L) j.o IIA'SOJ e se ,A~n.f~ leuos.]ed, leguanbe~uoo It) JO .'suo.~..u,-o .m stoe 'sef~.. od petelaJ-~uau.U~ldma Jeqlo 20 ttoFleu ~u.J!.r~a~ ' .uoge~a. uflq %ueU.-~a,r-teq -s~oj 'uogenleAO 'tf~. otuap ,uoF~. eoO (£) quau. uqoFItua ~o uo~e-!,-,oj. (C) :Aoj~tuo ot lea~oa :Auejolno eu~.. e,~n!~ teuosJod. '0 -b'-~AOo ~ peppe ~1 .u,o~sn~xo .~qA~o,oj oq.L · eAoqe (~;) qOno2t~ (I.) Jo 1Ins; -e~ e se ~Jn.~u! .;~POCl. le.quanbe~uoO (~.) JO .'suo.~s~.mo Jo s:toe 'sa~...iod 'saoppext .-.!tu.u',a.p 'uO~l. ~]!tunq 'lu auA'seJeq 'uo.qeme. Jep 'eut. ldr~p 'lueu,'u .~'seoJ 'uofl. enle~e, 'uoaoLuep 'u .o~Jeo~) :tuatuXoldtuo jo uo.qeu!uuej. (i:) :AOldUJa ol leSnJa~f (L) :xue jo mo Our~.. e-,/un.rm XLqx>g. -o :(j uo.qoo~) y -~'u~AO:D cq peppe si u .o~njoxo I~J.W~llOj eU_L lb'Vd ~'~;qd-~AOO ,L.LFllg~I'I 'IY'd3N:JcO :§u.t,.V~llOJ elh J.apun pel:~., aid eoueunsuI sa~potu ~umuas~opu.a NoIsn'IDX=J S=JOI.LDV'elcl CI=I.LV'I=I~I-.LN=IlN,LO-idiN;t EXHIBIT B 11 I)~ PENN NATIONAL Cf. ,ERCIAL INSURANCE NON-^SSESS^BLE THIS POLICY DP9 0069760 03/01/98 03/01/99 HEMPT BROS INC SILVER SPRING CONSTRUCTION C0 PO BOX 278 205 CREEK ROAD CAMP HILL PA 17011 GENERAL LIABILITY JVERAGE OCCURRENCE. POLICY REISSUED DECLARATIONS PART DECLARATIONS IS SUBJECT TO A GENERAL AGGREGATE LIMIT COVERAGE IS PROVIDED IN AGENCY1;: PA NATIONAL MUTUAL CAS INS CO 000224 AGENCY K R MACDONALD INC LA P O BOX 4500 HARRISBURG PA 17111 =OLICY PERIOD: POLICY COVERS FROM: 12:0 1 A.M. STANDARD TiME AT THE ADDRESS OF THE iNSURED STATED ABOVE. =ORM OF BUSINESS: C0RPORAT 10N BUSINESS DESCRIPTION: ROAD BU 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 S 1 , 000 , 000 PERSONAL AND ADVERTISING INJURY LIMIT $ 1 , 000 , 000 EACH OCCURRENCE LIMIT s 1 , 000 , 000 FIRE DAMAGE LIMIT, ANY ONE FIRE S 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 RATES ADVANCE PREMIUM PREMIUM BASIS PER PREMS/OPS PRODUCTS PREMS/OPS PRODUC $7,041',760 C0M?0STT RAC'E VARIOUS ~ O. ,~-~/j~ INCLUDED COMPOSIT RATED SEE ATTACHED COMPOSIT RATE ENDORSEMENT PREMIUM FOR THIS COVERAGE PART $145,000,00 =ORMS APPLICABLE TO THIS COVERAGE PART: CG0001~' 01/96 CG2150~' 09/89 7.10680~' 710546f 01/94 IL0021-~ 11/94 CO0055j 710678~ 01/97 710741j 10/97 7016B/ CG2412 -" 11/85 701909 - 01/98 C,~7417~' 7016R 3 ~' 11/93 2 COUNTERSIGNED BY: 04/96 710543/ 1~./93 03/97 CG2147/ 10/93 11/93 ?10619/ 05/95 11 /R~ 701AR2-- I ] /Q~ 2 99 1611 J N Authorized Representative Linda L. Foiler:;: THESE DECLARATIONS TOGETHER WITH THE COMMON POLICY CONDITIONS, COVERAGE PART COVERAGE FORM( AND FORMS, tF ANY, ISSUED TO FORM ^ PART THEREOF, COMPLETE THE ABOVE NUMBERED POLICY. FORM 71-0029 (Ed. 03/91) ISSUED 03/30/9~ PENN NATIOk ,_ INSURANCE Pe~'yn~nia Natio~ Mutua~ Cas~a~ Insurance Company Penn Nabol~l Se~ty Insurarce ~y 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, DP9 0 06 97 60 .3/1/98 3/1/99 #1 3/1/98 HeaRt Bro Inc. Linda L. Follett AMENDATORY ENDORSEMENT IT IS HEREBY UNDERSTOOD AND AGREED THAT MAX J HF~IPT IS ADDED AS AN ADDITIONAL NAMED INSURED BUT ONLY AS RESPECTS HIS INTEREST iN 160 ACRES OF FAP~ LAND LOCATED AT SECTION LT 34, FAULK COUNTY, FAULKTON SD. PENN NA~ION~ INSURANCE ~ennsvlvanla National Mutual Casualty bL~urance Campan/ THIS ENDORSEMENT CHANGES THE POLICY. PLEASE RE. AD 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: 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: 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. 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. 70 1909 01 98 page 1 of 2 "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 1. 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. 70 1909 01 98 page 2 of 2 PENN NA~ONAL INSURANCE Pennsylvania National Mutual Casualb/Insurance Company Penn National Securib/Insurance Company PO Box 2381 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 Limits of Insurance Each Claim Limit $ No. of Employees SCHEDULE 1,000,000 AggregateLimit $ 3,000,000 $ Rate per Employee Advance Premium Minimum Premium $ $ $ Deductible 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 ora claim or "suit" brought by any employee, former employee, or their beneficiaries or legal representatives in conneetinn 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 of Insurance; 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) EXCLUSIONS Insurance under this endorsement does not apply to any claim or "suit" arising out of: a. any dishonest, fraudulent, criminal or malicious act; b. any "Bodily Injury," "Property Damage," "Advertising Injury" or "Personal Injury;" c. any claim for failure of performance &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 perform 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 termination 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 I986 (Public Law 99-509) or any amendments to these Acts. LIMITS OF INSURANCE The Limits of Insurance 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 any one 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 pm of the last preceding period for the purposes of determining the Limits of Insurance. DEDUCTIBLE la the event ora claim, the deductible shown in the schedule of this 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 pan of the deductible. If we do, then you agree to repay us as soon as we notify you of the 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) POLICY NUMBER: D?9 0 06 9? 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 w~th your permission. CG 24 12 11 85 Copyright, Insurance Services Office, Inc., 1986 POLICY NUMBER: D?9 0 06 97 60 COMMERCIAL GENERALLIASILITY CG24171093 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: Designated Job Site: ANY AND ALL RAILROADS ANY AND ALL JOB SITES 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. 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 pti- 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 ~_NN NATION,~L INSURANCE Pennsylvania National Mutual Casualty Insurance Company P.O. 8ox 2361 · Hanisburg 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. DM 0 06 97 60 3/1/98 3/1/99 #2 3/1/98 Hempt Bros., Inc. K. R. MacDonald Incorporated ~AGE 1 OF 2 Linda L. Follett AMENDATORY ENDORSEMENT THIS ENDORSEMENT MODIFIES SUCH iNSLq~ANCE AS !S AFFORDED BY THE PROVISIONS OF ~E POLICY RELATING TO T}IE FOLLOWING: COMPREHENSIVE GENERAL LIABILITY INSURANCE IT IS AGREED THAT THE PR~41~3M BASIS ON THE POLICY SCHEDTILE FOR THE COVERAGE INDICATED ABOVE IS AS FOLLOWS: (~) RM~UNE~ATIO~. REh33N~gATION MEANS ~{E ENTIRE R~INERATION EARNED DURING ~{E POLICY PERIOD BY ALL EMPLOYEES INCLL.r0!NG EX~IVE OFFICERS OF THE NAMED INSURED, (YfHEN TWAN CHAUFFfArRS (EICEPT OPERATORS OF MOBILE EQUIPM~) AND AIRCRAFT PILOTS AND CO-PILOTS, SUBJECT TO ANY OVB"R. TIME EARNINGS OR LIMITATION OF RI~NEI~TION RULE APPLICABLE IN ACCORDANCE WITH THE GENERAL LIABILITY MANUALS IN USE BY THE COMPANY. ( ) ENTIRE AUDITED WORKER'S COMP~;SATION PAYROLL AS DEVL~OPED ~J~DER POLICY NUMBER ( ) RECE!Fi~. RECEIPTS ~tEANS THE GROSS ^MOmeNT OF MO~;EY CH^RGED BY ~ N~ ~ ~R OP~AT!ONS BY ~E N~ ~ OR BY O~S D~ING ~{E ~ P~IOD U~ ~d~ RE~I~ ~OM ~ECAS~G, BROA~A~iNG OR ~!ON P!~, ~D ~ TAX~, ~ER ~AN TAX~ ~ ~E N~ ~ CO~E~S AS A SEPA~ iT~ AND R~ DI~Y ~ A ~I~R~E~AL DIVISION. PENN NAllON/-, INSURANCE Pennsylvania National Mutual Casualty Insurance Company P.0. 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. D~39 0 06 97 60 3/1/98 3/1/99 ~2 3/1/98 K. R. MacDonald Incorporated Linda L. Follett AMENDATORY ENDORSEMENT ~!~. SALES MEANS ~ CROS~ AMOh~T OF MONE3f CMARGE9 ~Y ~ ~ ~ OR BT ~ ~AD~G U~ER MIS N~ ~R A~ ~ AND PRO~J~S SO~ OR Di~RiB~) ~!NG ~E ~%CY P~IOD ANB ~L&~ DURING ~{E ~ F~IOD ~R ~E N~ ~ AND ~3~ ~R ~ AS ~ SEPkRA~ ~M &~ R~T DiRtY ~ A C~V~TAL D~!SI~. (IF ANY B.~SIS OTHER ~AN A~OVE AP~.,IES, SPECI~CA~LY DESC~TBE): PENN NATIONAL INSURANCE Pennsylvania National Mutual Casualty Insurance Company Penn National Security Insurance Company RO Box 2361 Harrisburg, PA 17t05-2361 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): 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": 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. (1) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, 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. 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 confl'actor or subcontractor engaged in performing operations for a principal as a part of the same project. 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. Adsing out of an architect's, engineer's, or surveyor's rendering of or failure to render any professional services including: This coverage does not apply to any person(s) or organization(s) specifically named as additional insured in any policy issued by "us". 71 0741 10 97 PENN NATIONAL INSURANCE Pennsylvania National Mutual ~asual~ Insurance Coml~ly Penn National Security Insura~ce Company PO. Box 2361 Hamsbur9 PA 17105-2361 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. LIMITED POLLUTION LIABILITY EXTENSION ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM Schedule Limited Pollution Liability Extension Aggregate Limit Limited Pollution Liability Extension Defense Costs Limit 3 $~oo,ooo $ 50,000 Premium $ Included in Total Premium (if no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsemenL) 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 LIABIUTY (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 pedod; 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 governmental statute, rule or regulation. 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. II. Coverage provided by this endorsement does not apply to liability assumed by the insured under an "insured contract' unless the insured would have been liable for damages in the absence of the contract or agreemenL III. With respect to coverage provided by this endorsement:. A. The "Each Occurrence Limit' shown in the DeclaraUons does not apply. B. Paragraph 7. of LIMITS OF INSURANCE (Section III) does not apply. C. Paragraph 1. Of LIMITS OF INSURANCE (Section Ill) is replaced by the following: I. 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 of:. a. Insureds; b. Claims or "suits" brought;, or c. Persons or organizations claims or bringing "suits'. making 71 0678 01 97 Page 1 of D. The following are added to LIMITS OF INSURANCE (Section III): 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 o~. a. Damages under Coverage A; b. Medical expenses under Coverage C; and c. Defense Costs: Subject to 8. above, the Medical Expense Limit is the most we will pay under Coverage C for all medical expenses because of ~bodiiy injury' sustained by any one 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 "suit" as a result of coverage provided by this Limited Pollution Liability Extension Endorsement. 71 0678 01 97 Page2 of 2 PENN NATIONAL INSURANCE Pennsylvania National Mutual Casualty Insurance Company P.O B0x2361 · Harrisburg PA t7105-2361 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. Linda L. Follett AMENDATORY ENDORSEMENT PENN NATIONAL INSURANCE National Mutual Casua~ insurance Company NOTICE TO INSURED - PLEASE READ YOUR POUCY CAREFULLY Your policy contains an exclusion for lead contamination in any form at any time. Refer to endorsement 71-0543, Exclusion -Lead Contamination. Form 71.0546(Ed. 1/94) VPENN NATIONAL INSURANCE Pennsylvania National Mutual Casualty Insurance Company !nn National Security Insurance Company .0. Box 236T Harrisburg, PA 17105-2361 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 LIABILITY COVERAGE C. MEDICAL PAYMENTS EXCLUSION - LEAD CONTAMINATION his insurance does not apply to: 1. "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, olean 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. F~rrn 71-0543 (Ed. 12'93) COMMERCIAL GENERAL LIABILIT~ CG Z147109~ THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT 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 Jn 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, 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 "per- sonal injury" to that person at whom any of the employment-related practices de- scribed in paragraphs (a), (b), or (c) 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 sham damages with or repay someone else who must pay damages because of the injury, CG 21 47 10 93 Copyright, Insurance Services _.Office, Inc., 1992 - .COMMERCIAL GENERAL LIABILITY CG 00 01 01 96 COMMERCIAL GENERAL LIABILITY COVERAGE FORM Various provisions in this policy restrict coverage. Read the entire policy carefully tO determine rights, duties and what is and is not covered.. Throughout this policy the words "you' and "your' refer to the Named Insured shown in the 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 qualifying as such under WHO IS AN INSURED (SECTION II). Other words and phrases that appear in quotation marks have special meaning. Refer to DEFINITIONS (SECTION V). r 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 an~l 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' ihjury" or "property damage" to which this insurar~ce does not apply. We may, at our discretion, investigate any "occur- rence'' and sett!e any claim or ~suit" thal may result. (I) The atnoun~ we will pay for damages is limited as described in LIMITS OF INSUR- 'ANCE (SECTION III) and (2) Our right and duty to defend end when we have used .up the applicable limit et in- surance in ,the payment et 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 So 'bodily injury" and "property damage' only if: (1) The "bodily injury' or 'property damage" is caused by an "occurrem;e"'that takes place in the "coverage territory'; and (2) The fbod~ly injury" or 'property damage" occurs during the policy period. c. Damages :because of ~'bodily injury" include damages~ claimed by-any person or organ- ization for care, loss of services or death re- suiting at any time from the/'bodi!y, injury'. 2. Exclusions ~; · This insurance does not a'pply to: ' a. ExpeC!ed or Intended In|ur~ "Bodily.; injury' or ~property damage' ex- pected or intended from the standpoint of the insured. This exclusion does not apply to 'bodlty injhry" resulting'from-the use of rea- sonable force to protect,persons or property. b. C ontra'ct~ ai Liability ' ~Bodily injury" or 'property damage' for which the insured is obligated to pay dam- ages by reason of the as~sumpti0n 0f liability in a contract or agreement. This exclusion does not apply to liability.for damages; (1) That the insured woutd have in the ab- sence o~ the contract or agreement; or (2) Assumed in a contract or agreement that is an "iqsured~cbntract~, provided the "bodily injury" or 'properS/ damage" oc- curs subsequ~tlt lo the execution Of the contract or agreemedt. Solely for the pur- poses of liability assumed in ~an "insured contract", reasonable attorney-fees and necessary litigation expenses ,incurred by or for a party other than an insured are deemed to be damages because of "bodily injury' or 'properly damage"~ pr~.)vided: (a) Liability to .suc,h party f~r, Or for the cost of, that pady's defense has also been assumed -in the same "insured contract"; and CG O0 01 01 96 Copyright, Insurance Services --Office, Inc., 1994 Page I of 13 E~ (b) Such attorney fees and litigation ex- penses are for defense of that party against a civiJ or alternative dispule resolution proceeding in which dam- ages to which this insurance applies are alleged. c. Liquor Liability "Bodily injury" or "property damage" for which any insured may be held liable by rea- son 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 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) An "employee" of the insured arising out of and in the course of: (a) Employment by the insured; or (b) Performing duties related to lhe con- duct of the insured's business; or (2) The Spouse, child, parent, brother or sister - of that "employee' as a consequence of paragraph (1) above: This exclusion applies: (1) Wherther ihe insured may be liable as an employer or in any other capacity; and (2) To any obJigation to share damages with or repay someone else who must pay damages because of the injury. This exclusion does not apply to liability as- sumed by the insured under an "insured contract". f. Pollution (1) 'Bodily injury" or "property damage" arts- 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 of waste; (c) Which are or were at any time trans- ported, handled, stored, treated, dis- posed of 1 or processed as waste by or for any insured or any person or or- ganization for whom you may be le- gally responsible; or (d) At or from any premises, site or lo- cation 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 subcon- tractor; or (ii) If the operations are to test for, monitor1 clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of pollutants. Subparagraph (dXi) 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- chanical 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 lo hold, store or receive them. This exception does not apply if the fuels, lubricants or other operating fluids are intentionally discharged, dis- persed or released, or if such i~uets, lubricants or other 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, Pa~3e 2 of 13 Copyright, Insurance Services Office, Inc:, 1994 CG O0 01 01 96 [] Subparagraphs (a) and (d)(i) do not apply to "bodily injury" or ~property da~nage" arising out of heat, smoke or fumes ~rom a hostile fire. As used i'n this exclusion, a hostile tire 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 in- ,. sured 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 ora gov- ernmental authority for damages be- cause 'of: testing for, moniloring, cleaning up; removing, containing, treating, detoxi~ing or neut~'alizing, 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 materi- als to be recycled, reconditioned or re- claimed. Aircraft, Auto or WaterCraft "Bodily injury" or "property damage" arising out of the ownership, maintenanc'e, use or entrustment to others o1' any airc~'aft, "auto" or watercraft owned or operated by or rented or loaned to any insured. Use includes oper- ation and "loading or unloading". This exclusion does not apply to: (1) A watercraft while ashore On premises you own or'rent; (2) A watercraft you do not own that is: (a) Less than 26 feet long; and (b) NOt being used to carry persons or property for a charge; (3) Parking an "auto~ on, or on the ways next to, premises you own or rent, provided the "auto" is not owned by or rented or loaned to you or the insured; (4) Liability assumed under any "insured contract~ for the ownership, maintenance or use of aircraft or watercraft; or (5) ~Bodily injury" or "property damage" aris- ing out o[ the operation of any of the equipment listed in paragraph f.(2) or f.(3) of the definition of "mobile equipment" h. Mobile Equipment "Bodily injury" or "property damage" arising out of: (1) The transportation of "mobile eq~q~ment" by an "auto" owned or operated by or rented or loaned to any insured; or (2) The use of"mobile equipment" in or while i~ practice for, or whil~ being prepared for, any prearranged racing, speed, dem- olition, or stunting activity. i, War "Bodily injury" or "property damage" due to war, whether or not declare~3 or any act or condition incident To war. War includes civil war. insurrection, rebellion or revolution. This exclusion applies only to liability assumed under a contract or agreement.' j. Damage to Property "Property damage" to: (1) Property you own. rent, or occupy; (2) Premises you sell, g~ve away or abandon, if the "property damage" arises out of any part of those premises; (3) Property Ibaned to you: (4) Personal property in the care, custody or control of the insured; (5) That ~'articular part of' real' p~'operty on which you' or any Contractors or subcon- tractors 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 per- formed 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. CG 00 01 01 96 Copyright, Insurance Services _Oftice, Inc., 1994 Page 3 of 13 [] 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 of it and included in the "products-completed operations hazard". This exclusiqn 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 dan- gerous condition in "your product" or "your work"; or (2) A delay or failure by you or anyone acting on your behalf to perform a contract or agreement in accordance with its terms. This 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" alter it has been put to its intended use. n. Recall of Products, Work or Impaired Property Damages claimed for any loss, cost or ex- pense incurred~ by you or others for the loss of use, withdrawal, recall, inspection, repair, replacement, adjustment, 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 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 tem- porarily occupied by you with permission of the owner. A separate limit ol- insurance applies to this coverage as described in LIMITS OF INSUR- ANCE (Section III). COVERAGE B. PERSONAL AND ADVERTISING IN- JURY LIABILITY 1. Insuring Agreement a. We will pay those sums that the insured be- comes legally obligaled 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- sured against any "suit" seeking those dam- ages. However, we will have no duty to defend the insured against any "suit" seeking damages for "personal injury' or "advertising injury" to which this insurance does not ap- ply. We may, at our discretion, investigate any 'occurrence" or offense and settle any claim or "suit" that may result. But: (1) The amount we will pay for damages is limited as described in LIMITS OF INSUR- ANCE (SECTION III); and (2) Our right and duty to defend 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 business, excluding advertising, publishing, broadcasting or telecasting done by or for you; (2) 'Advertising injury' caused by an offense committed in lhe course of advertising your goods, products or services; 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; Page 4 of 13 Copyright, Insurance Services Office, Inc., 1994 CG 00 01 01 96 [] (2) Arising out of oral or written publication of material whose first publication took place before the beginning ,of the policy 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 contract or agreement. 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, release or escape of pollutants at any time. b. 'Advertising injury" arising out of: (1) Breadh of contract, other than mis. appro- priati~)n of advertising ideas Under an ira- · 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, PUblishing or telecasting. d. Any loss, c0§t or expense arising out Of any: ; (1) Request, demand or order that any in- : . sured or others test for, monitor, clean up, remove, contain, .treat, detoxify or neu- 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 authority for damages because of testing for, monitoring, cleaning up, moving, containing, treating, detoxifying or neutralizing, or in any way respond,lng to, or as~e~s~ing 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. 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; (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 incurred and rePorted to us within one year of the date of the accident; and (3) The injured person submits to examina- tion, at our expense, by physicians of our ' choice as often as we reasonably require. b. We will make these paYments regardless of fault. These payments will not exceed the applicable limit of insurance. We will pay reasonable expenses for: (1) First aid administer:ed 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. To a person hired to do work for or on behalf of any insured or a tenant of any insured. c. To a person injured on that 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 benefits for the 'bodily in- jury' are payable or must be provided under a workers compensation or disability benefits law or a similar law. e. To a person injured whi:le taking part in ath- letics. f. Included with~ the "products-completed op- erations hazard". g. Excluded under Coverage A. h, Due to war, whether or not declared, or ~ny act or condition incident to war. War includes civil war, insurrection, rebellion or revolution. CG 00 01 01 96 Copyright, Insurance Services ~ffice, Inc., 1994 Page 5 of 13 [] 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 $2,50 for cost of bail bonds required be- cause of accidents or traffic law violations aris- ing out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. 3, The cost of bonds to release attachments, but only for bond amounts within the applicable limit of insdrance. 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 that part of the judgment we pay. If we make an offer to pay the applicable limil 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 insurance. These payments will not reduce the limits of insur- ance. If we defend an insured against a "suit" and an indemnitee of the insured is also named as a party to the "suit", we will defend that indemnitee if all of the following conditions 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 lo defend, or the cost of the de- fense 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 that no conflict appears to exist between the inleresls of the insured and the interests of the indemnitee; 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, notices1 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- hating 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 pro-- visions of paragraph 2.b.(2) of COVERAGE A - BODILY INJURY AND PROPERTY DAMAGE LIABIL- ITY (Section I ~ Coverages), such payments will not be deemed to be damages for "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 paragraph f. above, are no longer met. Page 6 of 13 Copyright, Insurance Services Office, Inc., 1994 CG 00 01 01 96 [] SECTION Il - 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 respect to the conduct 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 respect to the conduct of'your business. c. A limited liability company~ you are an in- sured. Your members are also insureds, but only with respect to the conduct of your busi- ness. Your managers are insureds, but only' With respect.to their duties as your managers~ d. An organization other than a partnership, joint venture or limited !lability company, you are an insured. Your "executive officers"- and directors are insureds, but only with respectI to their duties as your officers, or directors. Your stockholders are also insureds, but only' with respect to their liability'as'stockholders. 2. Each of the following is also an insured: a. Your "employees", 'other than either your "executive officers" (if you are an organiza- 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 wilhin the scope of their em* ployment by you or while performing duties related to the conduct of your business. Howeyer, none of ~hese "employees~' is an insured for: (1) "Bodily injury" or "personal injury": (a) To you, to your partners or members (if you are a partnership or joint ven- ture), to your members (if you are a limited lial~ility' company), Or to a co- "employee"while that co-"employee" is either in the course ~f his or her employment or :performing duties re- lated to the conduct of you[ business; (bi To the spouse, child, parenl, brother or sister of lhal co-"employee' as a consequence of paragraph (1Xa) above: (c) For which there is any obligalion 1o share damages with or repay someone else who must pay damages because of the injury described in paragraphs (1Xa) or (bi above; or (d) Arising out of his or her providing or failing to provide professional heallh care services. (2) "Property damage" to property: (a) Owned. occupied or used by. (bi 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 "employees", any partner or member (if you are a partnership or joint venturel, or any member [if you are a limited hability company). b. Any person (other ~han your "employee"), or any organization while acting as your real estate manager. c. Any person or,organization having proper temporary custody of your property if you die, but only: (1) With respect to liability arising out of the maintenance or use of that property: and (2) Until your legal representative has been appoinled d. Your legal representative if you die. but only with respect to duties as such That repre- sentative will r~ave all your rights and duties under this~Coverage Part. 3. With respect to "mobile equipment" registered in your name under any motor vehicle 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 respect to liability arising Out of the operation of the equipment, 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 insured with respect to: a. "Bodily injury" to a co-"employee" of the. per- son driving the equipment; or b. "Property damage' to property owned~by. rented to, in the charge of or occupied by:you or the employer of any person who is a~ in- sured under this provision. 4. Any organization you newly acquire or form. other than a partnership, joint venture or limited liabihty company, and over which you maintain · ownership or majority interest, 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 after you acquire or form the organizalion or the end of the policy period, whichever is earlier; CG O0 O1 01 96 Copyright, Insurance Services Office, Inc., 1994 Page 7 of 13 [] b. Coverage A does not apply to "bodily injury" or 'property damage" that 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 committed 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 Insured in the Declarations. SECTION III - LIMITS OF INSURANCE 1. The Limits of Insurance shown in the Declara- tions and the rules below fix the most we will pay regardless of the number of: a. Insureds; b. Claims made or "suits" brought; or c. Persons or organizations making claims or bringing "suits". 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 earn* 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 of al damages because of all "personal injury" and all "advertising injury" sustained by any one person 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 any one "occurrence". 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 any one fire. 7. Subject to 5. above, the Medical Expense Limit is the most we will pay under Coverage C for all medical expenses because of "bodily injury" sustained by any one person. The Limits of Insurance of this Coverage Part 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 aQer issuance for an additional period of less than 12 months. In that case. the additional period will be deemed part of the last preceding period for purposes of determining the Limits of In- surance. SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS 1. Bankruptcy Bankruptcy or insolvency of the insured or of the 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 r~otil~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 "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: (1) Immediately record the specifics ot the claim or "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 prac- ticable. Page 8 of 13 Copyright, Insurance Services _Office, Inc., '1994 CG 00 01 01 96 [] c. You and any other involved insured must: (1) Immediately send us copies of any de- mands, notices, summonses or Iegal pa- pers received in connection with the claim or 'suit"; (2) Authorize us lo obtain records and other information; (3) Cooperate with us in the investigation or settlemenl of the c!aim or defense against the "suit"; and (4) Assist us,. uponI our request, in the enforcement of any right against any per- son or 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,'except~at that insured's own cost, vOluntarily make 'a payment, assume any obligation, or incur:any expense, other than for first aid, without our consent. 3. Legal Action Against Us No person or organization has a right under this Coverage Pad: a. To join us as a party or otherWise bring us 'into a "suit" asking for damages' from an in- . sured; or , b. To stye us on this Coverage Part unless afl its tf~rms have been fully complied with.. A person or organization may sue us to recover on an agreed settlement or on a final judgment against an insured obtained after an actual trial; but we will not be liable for damages that are not payable under the terms of this Coverage Part or that are in excess of the applicable limit of ins.urance. An agreed s, ett!ement means a Settlement and release Of liability signed by us, the insured and the claimant or the claimant's legal representative. 4. Other Insurance If other valid and colleclible insurande is avail- able to the insured ~or a loss we :cover under Coverages A or B of lhis Coverage Part, our 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 pri .mary. Then, we will share with all that other insurance by the method described in c. below. b. Excess Insurance This insuran~:e 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 for "your work"; (2) That is Fire insurance for premises rented to you or temporarily occupied by you with permission ot the owner; or (3) If the loss arise's out of the maintenance or use of aircralt, "autos' or watercraft to the ex~ent not subject to Exclusion g. of Coverage A (Section I). When this insurance is excess, we will have no duty under CoVerages A o~;B to defend the insured against any "suit' if any other insurer has a duty to ddfend 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 in- surancel we will pay only our share of the amount of the loss, ir any, that exceeds the sum of: ' (1) The total amount that all Such Other in- surance would pay for the.loss.in the ab, sence of this insurance; and .. (2) The total of all deductible and self-insured amou.nts under,all that other insurance We will share the remaining loss, if any, with .any other insurance that is not described in this Excess Insurance provision and was not bought specifically to apply in excess of. the Limits Of Insurance shown in the Declarations of this Coverage Part. c. Method of Sharing If all of the other insurance permits contrib- ution by equal shares, we will follow this method also; Under this approach each insurer contributes equal amounts until it has paid its applicable limit of insurance ~r none of the loss remains~ whichever comes first. If any of the other insurance does not permit contribution by equal shares, we will contrib- ute by limits. Under lhis method, each insur- er's share is based on the ratio of its applicable limit of insurance to lhe total ap- plicable limits of insurance of all insurers. CG 00 01 01 96 Copyright, Insurance Services O._ffice, Inc., 1994 Page 9 of 13 [] 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 vance premium is a deposit premium only. At the close of each audit period we will compute the earned premium for that period. Audit premiums are due and payable on 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 the excess to the iqrst 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 ol~ Insurance, and any rights or duties specifically assigned in this Coverage Part to the i~rst Named Insured, this insurance applies: · a. As-if each Named Insured were the only Named Insured; and b~ Separately to each insured against whom claim is made or "suit" is brought. 8. Transfer Of Rights Of Recovery Against Others To Us If the insured has rights to recover all or part of any payment we have made under this Coverage Part. those rights are transferred to us. The in- sured must do nothing after loss to impair them. At our request, the insured will bring 'suit" or transfer those rights to us and help us enforce them. 9. When We Do Not Renew If we decide not to renew this Coverage Part. we will mail or deliver to the first Named Insured shown in the Declarations written notice of the nonrenewa/ 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 iniury" means injury arising out of one or more of the following offenses: a. Oral or written ,publication of material that slanders or libels a person or organization or disparages a person's or organization's goods, products or services; b. Oral or written publication of material that vi- olates a person's right of privacy; c. Misappropriation of advertising ideas or style o¢ doing business; or d. infringement of copyright, title or slogan. 2. "Auto" means a land motor vehicle, trailer or semitrailer designed for travel on public roads, including any attached machinery or equipment. But 'auto' does not include 'mobile equipment'. 3. 'Bodily injury' means bodily injury, sickness or disease sustained by a person, including death resulting from any of these at any time. 4. "Coverage territory" means: a. The United States of America (including its territories and possessions), Puerto Rico and Canada; b. International waters or airspace, provided the injury or damage does not occur in the course of travel or transportation to or from any place not included in a. above; or c. All parts of the world if: (1) The injury or damage arises out of: (a) Goods or products made or sold by you in the territory described in a. above; or Copyright, Insurance Services O__ffice, Inc,, 1994 CG O0 01 01 96 [] (b) The activities of a person whose home is in the territory described in ao above, but is away for a shorl time on your business; and (2) The insured's responsibility to pay dam- ages is determined in a "suit~ on the merits, in the territory described in a. above or in a settlement we agree to. 5. "Employee' includes a "leased worker'. 'Em- ployee" does not include a "temporary worker'. 6. "Executive officer" means a person holding ~3ny of the officer positions created by your charter, constitution, by-laws or any other similar gov- erning document. 7. "lmpa'ired property" means tangible property, other than "your product" or "your work', lhat canno~ be used or is less useful because: a. It incorporates "your product" or "your work" that is known or thought to be defective, defi- cient, 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"; or b. Your fulfilling the terms of the contracl or agreement. 8. "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, except in connection with construction or demolition operations on or within 50 feet of a railroad; d. An obligation, as required by ordinance, lo 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- paiity) 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. Paragraph t, does not include that part of any ; contract or agreement: (1) That indemnifies a railroad for 'bodily in- ; jury" or ."pro, perry damage"' arising out of construction or demolition operations, within 50 feet of any railroad property and affecting .any railroad bridge 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, it that is the pri- mary cause of the injury or damage; or (3) Under which the insured, if an architect, engi0eer or 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 supervisory, in- spection, architectural or engineering ac- tivities. 9. "Leased worker" means a person leased to you by a labor leasing firm under an agreement be- tween you and the labor leasing firm, to perform duties related to the conduct of your business. "Leased worker" does not include a "temporary worker". 10."L0~ding or unloading" means the handling of property: a. After it is moved [rOm the place where it is accepted for movement into or onto an air- craft, watercraft or "auto"; CG O0 01 01 96 Copyright, insurance Services Office, Inc., '~994 Page 11 of 13 [] b. While it is in or on an aircraft, watercraft or "auto"; or c. While it is being moved from an aircraft, watercraft or "auto" to the place where it is finally delivered; but "loading or unloading" does not include the movement of property by means of a mechanical device, other than a hand truck, that is not at- tached to the aircraft, watercraft or 'auto"_ 11. "Mobile equipment" means any of the following types of land vehicles, including any'attached machinery or equipment: a. Bulldozers, farm machinery, forklifts and other vehicles designed for use principally off public roads; b. Vehicles maintained for use solely On or next to premises you own or rent; c. Vehicles that travel on crawler treads; d. Vehicles, whether self-propelled or not, maintained primarily to provide mobility to permanently mounted: {1) Power cranes, shovels, loaders, diggers or drills; or (2) Road construction or resur~acing 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 ot the fol- lowing types: (1) Air compressors, pumps and generators. including spraying, welding, building cleaning, geophysical exploration, lighting and well servicing equipment; or (2) Cherry pickers and similar devices used to raise or lower workers; f, Vehicles not described in a., b., c. or d. above maintained primarily for purposes other than the transportation of persons or cargo. However, self-propelled vehicles with the fol- lowing types of permanently attached equip- ment are not "mobile equipment" but will be considered "autos": (1) Equipment designed primarily for: (a) Snow removal; (b) Road maintenance, but not con- struction or resurfacing; or (c) Street cleaning; (2) Cherry pickers and similar devices mounted on automobile or truck chassis and used to raise or lower workers; and (3) Air compressors, pumps and generators, including spraying, welding, building cleaning, geophysical exploration, lighting and well servicing equipment. 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. False arrest, detention or imprisonment; b. Malicious prosecution; c. The wrongful eviction from, wrongful entry into, or invasion of the right of private 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 not yet been completed or abandoned. However, "your work" will be deemed completed at the earliest of the following times: (a) When all of the work called for in your contract has been completed. (b) When all of the work to be done at the job site has been completed if your contract calls for work at more than one job site. (c) When that part of the work done at a job site has been put to its intended use by any person or organization other than another contractor or 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. Page 12 of 13 Copyright, Insurance Services Office, Inc., 1994 CG 00 01 01 96 [] b. Does not include "bodily injury" or "properly damage" arising out of: (1) The transpodation of property, unless the injury or damage arises out of a condition in or on a vehicle not owned or operated by you, and that condition was created by the 'loading or unloading" of that vehicle by any insured; (2) The existence of tools, uninstalled 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 properly, including all resulting loss of use of that property. All such loss of use shall be deemed to occur al 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 "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 "advedising 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. 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 shod-term workload conditions. 18. "Your product" means: a. Any goods or products, other than real prop- edy, manufactured, sold, handled, distributed or disposed of by: (1) You; (2) Others trading under your name; or (3) A person or organizalion whose business or assets you have acquired; and b. Containers (other than vehicles), materials, pads 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 [itness, quality, dura- bility, performance or use of 'your product"; and b. The providing of or failure 1o 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, pads 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 l~Iness, quality, dura- bility, performance or use of "your work"; and b. The providing of or failure to provide warnings or instructions. CG O0 01 O1 96 Copyright, Insurance Services --Office, Inc., 1994 Page 13 of 13 [~ PENN NATIONAL INSURANCE Pennsylvania National Mutual Casualty insurance Company Penn National Security Insurance Company RO Bnx 2361 Harrisburg PA 17~05-236! TItlS ENDORSEMENT CHANGES THE POLICY. PLEASE REA1) IT CAREgULLY. EXTENDED COVERAGE ENDORSEMENT GENERAL LIABILITY This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM L Amendment Aggregate Limits of Insurance The General Aggregate Limit under the LIMITS OF INSURANCE (Section llI) applies separately to each of your: a. Projects away from premises owned by or rented to you; b, "Locations" owned by or rented to you. IV. Broad Form Named Insured 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 pe~ceot of the voting stock on the effective date of this endorsement. "Location" means premises involving the same or connecting lots, or premises whose cormection is interrupted only by a street, roadway, waterway or fight-of-way of a railroad. IX. Bodily Injury Redefined Paragraph IV.a. does not apply to injury or damage with res'pec~ to which an insured under this policy is also an insmed under another policy o~ would be an insured under such policy but for its termination or upon thc ey&anstion of its limits of insurance. The defihition of "bodily injmy" in DEFINITIONS (Section V) is replaced by thc following: Paragraph IV.b. does not apply to a policy written to apply specifically in excess of this policy. "Bodily injury" means bodily injury, sickness or disease sustained by a person including menial anguish or death resulting from any of these. Mobile Equipment Redefined Paragraph ll.f. subparagraph (1) of DIEFINITIONS (Section V) does not apply to self-propelled vehicles of less than 1000 pounds gross vehicle weight. Newly Formed or Acquired Organizations In paragraph 4.a. of WHO IS AN INSURED (Section II), 90th day is changed to 180th day. VI. Incidental 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. Includes copyrighted matsrial of lnsurang~ Stnvices Offwe, Inc., wi~h its permi~ioa. 71 0680 04 96 Cop~ght, lmurance Seodcea Office, Inc., 1992 Page 1 of 2 VII. Duties in the Event of Occurrence, Claim or Suit Redefined 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: (1) You, if you am an individual; (2) A partner, if you are a partnership; or (3) An officer of the corporation or insurance manager, if you are a corporation. 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: (1) You, if you are an individual; (2) A partner, if you are a partnership; or O) An officer of the corporation or insurance manager, if you are a corporation. VIII. Unintentional Errors or Omissions We will not 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 fight to collect additional premium or exercise our fight of cancellation or non-renewal. IX. Non-Owned Watercraft Exclusion g. Paragraph (2) of COVERAGE A (Section I) is deleted and replaced by the following: (2) A watercraft you do not own that is: (a) Less than 51 feet long; and (b) Not being used lo carry persons for a charge; bo Paragraph lXa above applies to any person who, with your expressed or implied consent, either uses or is responsible for the use of a watercrafL Paragraphs IX.a. and IX.b. above do not apply ff the insured has any other insurance for "bodily injury" or "property damage" liability that would 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 does not provide any insurance. do Paragraph IX.c. above does not apply to a policy written to apply specifically in excess of tiffs policy. Supplementary Payments Increased Limits 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. 71 0680 04 96 Copyright, Insurance Service~ Office, lac., 1992 Page 2 of 2 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. Excess Insurance 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 adses 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 pdmary 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- ded.ake to do so, but we will be entitled to the insured's dghts against all those other insurers. When this insurance is excess over other in- surance, we will pay only our sham of the amount of the loss, if any, that exceeds the sum of: (1) The total amount that all such other insur- ance would pay for the loss in the absence of this insurance; and (2) The total of all deductible and self-insured 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 Pad.. CG 00 55 03 97 Copyright, Insurance Services Office, Inc., 1996 Page 1 of 1 E IL002111 94 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NUCLEAR ENERGY LIABILITY EXCLUSION ENDORSEMENT (Broad Form) ~ This endorsement modifies insurance provided under the I-ollowi~g: BUSINESSOWNERS POLICY COMMERCIAL AUTO COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART FARM COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART ' ' POLLUT)ON' LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART SPECIAL PROTECTIVE AND HIGHWAY LIABILITY POLICY NEW TRANSPORTATION UNDERGROUND STORAGE TANK POLICY 1. The insurance does not apply: A. Under any Liability Coverage, to "bodily in- iury" 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 Liability Insuranc~ 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 (bi the "insured" is, or had this policy not been issued would be, ant}tied to indemnity from the United States of America, or any agency thereof, under any agreement eh- tered into by the United States of America, or any agency thereof', with any person or organization. B. Under any Medical Payments coverage, to expenses incurred with respect ID "bodily jury' resulting trom the "hazardous proper- ties" of "nuclear material" and arising out of the operation of a "nuclear facility" by any person or organization. C. Under any Liability Coverage, ID "bodily jury" or "property damage" resulting from "hazardous properties" of "nuclear maler~al", if YORK DEPARTMENT OF (1) The "nuclear material" ia) 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 obi of the furnishing by an "in- sured" of services, materials, parts or equipment in connection with the plan- ning, conslruction, maintenance, opera- tion or use ot 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) plies only to "property damage" to such "nuclear facility" and any property thereat, As used in this endorsement: 'Hazardous properties" includes radioaclive, toxic or explosive properties. "Nuclear material" means 'source material", "Special nuclear material" or "by-product mate* rial". "Source malarial", "special nuclear material", and "by-producf material" have the meanings given them in the Atomic Energy Act of 1954 or in any law amendatory thereof, "Spent fuel" means any fuel element or fuel component, solid or liquid, which has been used or exposed to radiation in a "nuclear reactor". IL 00'21 11 94 Copyright, Insurance Services _Oflice, Inc, 1994 Page I of 2 [] "Waste" means any waste material (a) contain- ing "by-product material" other than the tailings or wastes produced bythe extraction tration of uranium or thorium from any.ore proc- essed primarily for its "source materiat contA&ti; and (b) resulting from the operation by any per- son or organization of any "nuclear facility" in- cluded under the first two paragraph~ of the definition of "nuclear facility", "Nuclear facility" means: (a) Any "nuclear reactor"; (b) Any equipment or device designed or used for {1) separating the isotopes of uranium or plutonium, (2) processing or utilizing "spent fuel", or (3) handling, processing or packag- ing "waste"; (c) Any equipment or device used for the proc- essing, fabricating or alloying of "special nu- clear material' if at Anytime the total amount of su~:h material in the custody of the "in- sured" at the premises where such equip- ment or device is located consists of or contains more than 25 grams of plutonium or uranium 233 or any combination thereof, or more than 250 grams of uranium 235; (d) Any structural basin, excavation, premises or place prepared or used for the storage or disposal of "waste'~ and includes the site on which any of-the fore- going is iocated~ all operations conducted on such site and all premises used for such oper- ations. "Nuclear reactor" means any apparatus de- signed or used to sustain nuclear fission in a self-supporting chain reaction or to contain a critical mass of fissionable material. "Property damage" includes all forms of radio- active contamination of property. Page 2 of 2 Copyright, Insurance Services --Office, inc., 1994 IL O0 21 11 94 [~ COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDMENT OF LIQUOR 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 without a charge, if a license is required for such activity. CG 21 50 09 89 Copyright, Insurance Services Office, Inc., 1988 [] ItEMPT BROS.. IN('.. Plaintiff PENNSYLVANIA MANI !FAC'TURF, RS' ASSOCIATION INSURANCE COMPANY and PENN NATIONAE INSURANCE. Defendants IN THE COt IRT ()1,' COMMON PI,EAS OF CUMB1.;R1,ANI) (?OUNI'Y. P1ENNSYLVAN1A NO. 2001 1434 CIVIl, TERM CIVIl, AC'lION LAW ACTION FOR DliCI,ARATORY Jl !I)GMENT I'RAECIPE TO THE PROTItONOTARY: Please reinstate thc Complaint filed hereto. Respectfully submitted, MICItAEI,L. BANGS , Attorney lbr Plaintiff' l ' 302 South 18th Street Camp llill, PA 17011 (717) 730-7310 Supreme Court ID #41263 HEMPT BROS., INC., Plaintiff VS. PENNSYLVANIA MANUFACTURERS' ASSOCIATION INSURANCE COMPANY and PENN NATIONAL INSURANCE, Defendants IN TIIF, CO[iWI ()F COMMON PI,I:'AS ()F CIJMBI';RLAND COIINTY. PENNSYI,VANIA NC). 2001-1434 CIVII, 'I I',RM CiVII, ACTION I,AW ACTION FOR DI';CI~ARATORY JU1)GMENT ACCEPTANCE OF SERVICE b~: AUTHORIZED AGENT I hereby accept service of the: Complaint filed in the above-caplioncd matter on bchal:l'of Defendant Penn National Insurance, and certify that I am authorized to do so. James K. Thomas, II, t:,squirc Thomas Thomas & }.taler 305 North Front Street, 6~h Floor Post Office Box 999 Harrisburg, PA 17108 DATE: SHERIFF'S CASE NO: 2001-01434 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HEMPT BROS INC VS PENNSYLVANIA MANUFACTURERS' RETURN - OUT OF COUNTY R. Thomas Kline duly sworn according to law, and inquiry for the within named DEFENDANT PENN NATIONAL INSURANCE but was unable to locate Them deputized the sheriff of DAUPHIN serve the within COMPLAINT , Sheriff or Deputy Sheriff who being says, that he made a diligent search and to wit: in his bailiwick. County, & NOTICE He therefore Pennsylvania, to On April 16th , 2001 attached return from DAUPHIN Sheriff's Costs: Docketing 18.00 Out of County 9.00 Surcharge 10.00 Dep. Dauphin Co 25.50 .00 62.50 04/16/2001 MICHAEL BANGS Sworn and subscribed to before me this ~$~ day of ~ A.D. Prothonotar~ this office was in receipt of the Sheriff of Cumberland County Mary Jane Snyder Real Estate Depmy William T, Tully Solicitor Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 255~2660 fax: (717) 255°2889 Jack Lotwick Sheriff J. Daniel Basile Chief Deputy Michael W. Rinehart Assistant Chief Deputy Commonwealth of Pennsylvania County of Dauphin AND NOW: April 9, 2001 NOTICE & COMPLAINT IN CIVIL ACTION PENN NATIONAL INSURANCE to BRAD POLING, FACILITY SUPERVISOR : HEMPT BROTHERS INC vs : PENN NATIONAL INSURANCE Sheriff's Return No. 0955-T - - -2001 OTHER COUNTY NO. 01-1434 at i:t0PM served the within upon by personally handing 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 Sworn and subscribed to before me this 10TH day of APRIL, 2001 PROTHONOTARY So Answers, Sheriff o.~ uphin County, Pa. · Dep~'~eriff Sheriff's Costs: $25.50 PD 04/05/2001 RCPT NO 148430 LAMB ~,n The Court of Common Picas of Cnm~er]and Connty, ?ennsy]van~a Hempt Bros., Inc. VS. Pennsylvania Manufacturers Assoc.', et. al. Penn National Insurance No. 01-1434 Civil Now, 4 / 2 / o 1 ,20 O 4~, I, SHERIFF OF CUMBERLAND COIINT¥, 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. Sheriff of Cumberland County, PA Affidavit of Service within ,20 , at o'clock __ M. served the upoi1 by handing to a and made lmown to copy of the o;Sginal ~0 allgwers, the contents thereof. Swornand subscribed' before me this __ day of ,2O Sheriff of County, PA COSTS SERVICE MILEAGE ~ztlrFIDAVIT HEMPT BROS., INC., Plaintiff VS. 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 ACTION FOR DECLARATORY JUDGMENT PRAECIPE TO THEPROTHONOTARY: Please reinstate the Complaint filed hereto. Respectfully submitted, Camp Hill, PA 17011 (717) 730-7310 Supreme Court ID #41263 SHERIFF'S RETURN - CASE NO: 2001-01434 P COMMONWEALTH OF PENNSYLVB/qIA: COUNTY OF CUMBERLAND HEMPT BROS INC VS PENNSYLVANIA MANUFACTURERS' OUT OF COUNTY R. Thomas Kline duly sworn according to and inquiry for the within named DEFENDiS/qT , to wit: PENNSYLVANIA MANUFACTURERS' ASSOCIATION INSURANCE COMPAi~Y , Sheriff or Deputy Sheriff who being law, says, that he made a diligent search and He therefore Pennsylvania, but was unable to locate Them in his bailiwick. deputized the sheriff of MONTGOMERY County, serve the within COMP,NOT,DEC JUDG/ REIN to On May 23rd , 2001 , attached return from MONTGOMERY Sheriff's Costs: Docketing 18.00 Out of County 9.00 Surcharge 10.00 Dep. Montgomery Co 33.00 .00 70.00 05/23/2001 MICHAEL BANGS Sworn and subscribed to before me this JO~ day of 7~i~ ~?o~/ A.D. Prothonotarl~ this office was in receipt of the Sheriff of Curaberland County In'The Court of Common Pleas of Cumberland County, Pennsylvania et. al. ' Hempt Bros., Inc. VS. .Pennsylvania Manf. Assoc., ~rve: Pennsylvania Manufacturers Insurance Comp~J~¥ ZSlue Zq~Z , - ~ NOW, 5/2/01 01-14~4 Civ~ ,20 O 0., I, SHERIFF OF CUMBERLAND COLrNT¥, PA, do hereby deputize the Sheriff of Mont oomer¥ County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Affidavit of Sero me ,20 ~ ?, at 'c?fJ~/~o'clock :~ ~. served the within upon at by handing to and made lmown to Sworn and subscribed before r~e this/5-'- day of Notarial Seal Helene Friedman Notary Public 4orristown Bore, Montgomery County My Commi. ssion Expires Apr. 1, 2OOJ2.J copy of the ori~naI IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HEMPT BROTHERS, INC., Plaintiff NO. 2001-1434 : CIVIL TERM PENNSYLVANIA MANUFACTURERS' ASSOCIATION INSURANCE COMPANY and PENN NATIONAL INSURANCE, Defendants CIVIL ACTION - LAW ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance on behalf of defendant, Pennsylvania Manufacturers' Association Insurance Company, in the above-referenced matter. By: Respectfully submitted, WILSON, ELSER, MOSKOWITZ, EDELMAN & DICKER LLP Kathleen D. Wilkinson, Esquire Attorney for Defendant Pennsylvania Manufacturers' Association Insurance Company 59615.1 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 CERTIFICATE OF SERVICE Kathleen D. Wilkinson, Esquire, attorney for Defendant, Pennsylvania Manufacturers' Association Insurance Company, certifies that on May 31, 2001 she sent via Overnight Mail, postage prepaid, a tree and correct copy of Entry of Appearance 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, PA 17108 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: {2153 627-~900 · FAX: {215~ 627-2665 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HEMPT BROTHERS, INC. Plaintiff PENNSYLVANIA MANUFACTURERS' ASSOCIATION INSURANCE COMPANY and PENN NATIONAL INSURANCE NO. 2001-1434 CIVIL TERM CIVIL ACTION - LAW ~ Defendants . ,~.~_~ ANSWER WITHNEWMATTERANDREQUESTF~OI~I~]~CEARATORY JUDGMENT 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: 1. 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 tree 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. 59542.2 WILSON, ELSER, MOSKOWlTZ, EDELMAN & DICKER LLP THE CURTIS CENTER · SUITE 1130 EAST- INDEPENDENCE SQUARE WEST · PHILADELPHIA, PA 19106 PHONE: (215) 627-~900 · FAX: ¢215) 627-2665 them. It is admitted Hempt advised PMAIC, but PMAIC does not have personal knowledge of 9. Denied. After reasonable investigation, answering defendant is without knowledge or information to form 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. 1 1. 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 11 are denied as answering defendant is without knowledge or information to form 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 of the 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- 59542.2 WILSON, ELSER, MOSKOWITZ, EDELMAN & DICKER LLP THE CURTIS CENTER · SU/TE 1130 EAST · INDEPENDENCE SQUARE WEST · PHILADELPHIA, PA 19106 PHONE: (215) 627-6900 · FAX: (215) 627-2666 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 document which speaks for itself. Plaintiff's allegations regarding its loss of significant mineral resources are denied as answering defendant is without knowledge or information to form a belief as to the truth of the averments. COUNT1 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 of the 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 · SU/TE 1'130 EAST · INDEPENDENCE SQUARE WEST · PHILADELPHIA, PA 19106 PHONE: (215) 627-6900 · FAX: (215) 627-2665 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 PMA1C 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 of PMAIC'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 ora disputed claim. By way of further response, there are numerous 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- 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 during that period. To the contrary, PMAIC specifically 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 1, 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 1'130 EAST · INDEPENDENCE SQUARE WEST · PHILADELPHIA, PA 19'106 PHONE: (215)627-6900 · FAX: (215)627-2665 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 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. COUNTII 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- 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 33. Denied. All allegations regarding causation 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 fi.om 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 35. PMAIC provided commemial 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- 59542.2 WILSON, ELSER, MOSKOWlTZ, EDELMAN & DICKER LLP THE CURTIS CENTER · SUITE 1130 EAST · INDEPENDENCE SQUARE WEST · PHILADELPHIA, PA 19106 PHONE: (215) 627-6900 · FAX: (215) 627-2665 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. This insurance applies to 'bodily injury' and 'property damage' only iff (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. 37. The policy contains the following exclusions 2. Exclusions. This insurance does not apply to: 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; Co) 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, disposed of, or processed as waste by or for any insured or any person or organization for whom you may be legally responsible; or -8- 59542.2 WILSON, ELSER, MOSKOWITZ, EDELMAN & DICKER LLP THE CURTIS CENTER · SUITE 1130 EAST · INDEPENDENCE SQUARE WEST · PHILADELPHIA, PA 19t06 PHONE: (215) 627-6900 · FAX: (215) 627-2665 (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 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. 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 -9- 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 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 ilTitant 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; (s) 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- 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 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 behalf by a subcontractor. 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 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 off (1) 'Your product'; (2) 'Your work'; or -11- 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 38. are relevant: (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). The following definitions contained within Section 5 of PMAIC's policy SECTION V - DEFINITIONS "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. -12- 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 14. "Products-completed operations hazard": 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. Co) 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 a job 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. Does not include "bodily injury" or "property damage" arising out off (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. -13- 59542.2 WILSON, ELSER, MOSKOWITZ, EDELMAN & DICKER LLP THE CURTIS CENTER · SUITE 1130 EAST · INDEPENDENCE SQUARE WEST · PHILADELPHIA, PA 19'106 PHONE: (215) 627-6900 · FAX: (215) 627-2665 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. 1 8. "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. 1 9. "Your work" means: a. Work or operations performed by you or on your behalf; -14- 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 39. Materials, parts or equipment furnished in connection with such work or operations. "Your work" includes: Warranties or representations made at any time with respect to the fitness, quality, durability or performance or use of "your work"; and The providing of or failure to provide warnings or instructions. 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 (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: (0 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 of the Limits of Insurance shown in the Declarations of this Coverage Part. 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. -16- 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 40. PMAIC policy addresses in Section IV, Hempt's duty to provide notice of ail claims: 2. Duties In 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: (1) 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: (1) 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: (1) Immediately send us copies of any demands, notices, summonses 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 enfomement 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. -17- 59542.2 WILSON, ELSER, MOSKOWlTZ, EDELMAN & DICKER LLP THE CURTIS CENTER · SUITE 1130 EAST · INDEPENDENCE SQUARE WEST · PHILADELPHIA, PA 19106 PHONE: (215) 627-6900 · FAX: (215) 627-2665 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 of PMAIC 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 Hempt. 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. Further sinkholes developed after March 1, 1998, after coverage on the subject policy ha~ 45. period. The PMAIC policy does not provide coverage for occurrence(s) outside of its policy 46. PMAIC policy does not provide coverage to repair the insured's work or for losses due t~ 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. -18- 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 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 PMAI¢. 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 (1) there is no coverag~ 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 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 of the Commonwealth of Pennsylvania with a principal office located at 380 Sentry Parkway, Montgomery County, Blue Bell, Pennsylvania, PA, 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, PA, 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 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: Exclusions. This insurance does not apply to: f. Pollution -21- 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 (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) (h) 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 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) 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 ~ 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. -22- 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 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 of the 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 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 behalf by 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 off (4) 'Your product'; (5) 'Your work'; or (6) ' Impaired property'; if such product, work or property is withdrawn or recalled form th market or from use by any person or organization because of a -24- 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 See Exhibit "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). 63. The following definitions contained within Section V of PMAIC's policy are relevant: SECTION V - DEFINITIONS "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 "you work", or b. Your fulfilling the terms of the 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": 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: -25- 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) 62%2665 (2) Work that has not yet been completed or abandoned. However, "your work" will be deemed completed at the earliest of the following times: (a) When all of the work called for in your contract has been completed. (b) When all of the work to be done at the 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 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 ora 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: 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 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 18. 19. "Your product" means: a. Any goods or products, other than real property, manufactured, sold, handled, distributed or disposed of by: (1) (2) You; Others trading under your name; or (13) 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. "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 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: 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 insttrance 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 (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. 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: 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- 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 You must see to it that we receive written notice of the claim or 'suit' as soon as practicable. You and any other involved insured must: (5) Immediately send us copies of any demands, notices, smnmonses 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. FACTUALBACKGROUNDOFCLAIM 66. PMAIC 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 PMAIC 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 PMAIC policy for expenses relating to the repairs. 70. PMAIC has been advised Hempt is seeking coverage under PMAIC's policy. -30- 59s42.2 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 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 of the 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 danaage 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 1, 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 of PMAIC's policy period. 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, h~c. 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 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 of Hempt'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 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 fight 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) them 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 -33- 59542.2 WILSON, ELSER, MOSKOWITZ, EDELMAN & DICKER LLP THE CURTIS CENTER · SUITE 1'130 FAST ° INDEPENDENCE SQUARE WEST · PHILADELPHIA, PA 19106 PHONE: (215) 627-6900 · FAX: (215) 627-2665 for damages excluded by its policy, and (3) that PMAIC be granted such other and further relief as is appropriate. Respectfully submitted. WILSON, ELSER, MOSKOWITZ, EDELMAN & DICKER LLP Ka~leen D. Wilkinson, 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) 627-2865 , 00 FAX ~!0 397 5377 P)IA GROUP VERIFICATION I, Mark E. Travis, Senior Envhronmental Claims Specialist, ~m 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 unswom falsification to authorities. Mark E. Travis 59551 t CERTIFICATE OF SERVICE Kathleen D. Wilkinson, Esquire, attorney for Defendant, Pennsylvania Manufacturers' Association Insurance Company, certifies that on May 31, 2001 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, PA 17108 Kathleen D. Wilkinson, Esquire 59597.1 WILSON, ELSER, MOSKOWlTZ, EDELMAN & DICKER LLP THE CURTIS CENTER · SUITE 1130 EAST · INDEPENDENCE SQUARE WEST · PHILADELPHIA, PA 19106 PHONE: (215) 627-6900 · FAX: (215) 627-2665 Exhibit A COMMERCIAL GENERAL LIABILITY DECLARATIONS PENNSYLVANIA MANUFACTURERS' ASSOCIATION ZNSUP~/4CE C0~JPANY POE.ICY HO. 82~?00-33-G3-74-4 NAMEDINSURED I I PRODUCER'$NAME HEMPTBROSINC PO BOX27B 205CREEK RD CAMP HL~ PA17011 ~ ~ MACDONALD INCORPORATED 49000ERRYSTREET P.O. SOX4S00 HARR~BUR~ PA17111 I L_ IN RETtJRN FOR THE PAYMENT OF THE PREMIUM, AND SUBJECT TO ALL THE TERMS OF THIS POLICY. WE AGREE WFFH YOU TO P~VID~ THE IN~URANGE A~ STATED IN THIS POU~Y, COVERAGEs: iX ) occum x=e [ ) OWl~'~SANOCONT~ACTO~SP~OTECTNE MMIT OF INSUR~CE GENERAL AGGREGATE (Other Than Products-Completed Operations) PRODUCTS AND COMPLETED OPERATIONS AGGREGATE PERSONAL AND ADVERTISING INJURY LIMIT EACH OCCURRENCE UMIT FlEE DAMAGE UMIT (Any One Fire) MEDICAL EXPENSE LIMIT (Any One Person) $ 3;000,000 $ 1,000,000 $ 1,000,000 $ 1,000,000 $ 100,000 $ 5,000 DEDUCTIBLES: ! ] BOOILY INJURY [ J Iq~OPERTY DAMAGE [ ] GOMBINED BI · lSD i PsER GLAIM [ ]PER OGOURRENOE THIS POLICY CONTAINS AGGREGATE LIMITS; REFER TO SECTION I# - LIMITS OF INSURANCE FOR DETAILS. COVERAGE lsARTS AND ENDORSEMENT TO THIS POi. ICY: SEE ENDORSEMENT SCHEDULE CPO I S I03 t COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE PEI~SYLVANIA MANUFACTURERS' A~SO~IATION INSURANCE CC~4PANY SCHEDULE OF HAZARDS No ~L.A~IFICAIION (None) o010 r~s (z) FREMIUM 15150 (Other} /Per 1000 7f041,760 POUCY NO. 829700-33-63-74-4 RATES PreMIUM TERA P~EWl PIMOUCTI P~E.MKPI ImCX)UCl $ 18.e82 INC£ $ 131,625 IN~I, PA Any 010 FLAT CHG 2. 010 S 50.757 $ .370 z o~o $ 58.757 $ .370 2 .012 S ~.~ $ .~ ~TCHG F~T CHG MINIMUM POLICY ~ PREMII)M PREMJ'OP~ MffdlMUM ~MIUM PRODUCTS MINIMUM IqlEMWM $100 $3~30 TOTAL PREMISES I~EMI/JM TOTAL FR(X3UCTI PREMIUM TOTAL ADVANCE PREMIUM (03 NOTICE TO POLICYHOLDERS COMMERCIAL GENERAL LIABILITY BROADENINGS, RESTRICTIONS AND CLARIFICATIONS OF COVERAGE This notice has been prepared in conjunction wilh implementation of changes to y~ur policy. It contains · brief synopsis of the significant bmadenings, restrictions and ctadfications 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 nolice does not reference every editorial change m~le in these forms end endorsements. Please rand yOur policy, and the endorsements attached to your policy carefully. Please co~tacl your insurance agent/broker or PMA representative if you have questions. BROADENINGS OF COVERAGE - COVERAGE FORMS CG gO 01 - Commemial General Liability Coverage Form (Occurrence Vemion) GQ 00 09 -Ownera end Contractora Protectlve.Uabillty Coverage Form CG 00 33 - Uquor Liability Coverage Form (Occurrence Version) CG O0 ~5 -- Railroad Prcteetive Liability Coverage Form CG O0 37 -- Product~'Completed Operations Uablllty Coverage Form (O¢curre,'~ee Version) · The Supplementary Payments provision in these policies has been revised Io Increase the maximum daily payment for loss of eamings from $100 per day to $250 per day to more adequately address the earnings of many profesNons~ · In these pol~Jes, the definition of 'suit" has been broadened to allow am, insured the ability to choose or participate (with the insurer's consent) in certain altemative dispute resolution mechanisms. CG O0 01 - Commemial General Liability Coverage Form (O¢currsnoe Vemion) CG 00 09 -- Owners end Contractor~ Protective Llebiltty Coverage Form CG 00 33 -- Uquor Uability Coverage Form (Ooourmnoa Version) CG 00 37 - Produete/Completed Oporationa Liability Coverage Form (Oocurrence Version) Several revisions have been made to Section II - Who I$ An Insured in these policies to acknowledge the existence of a new foffn of business entity known as Ihe Iimit~J liability oompany and by specifying members and managers of limited liability companies as insursds. CG 00 01 - Commercial General Liability Coverage Form (Oo~urronoe Version) CG 00 09 -Ownera and Contractors Protective Liability Coverage Form CG 00 37 - Products/Completed Operationa Liability Coverage Form (OeOUnlnCe 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 property damage liability coverage, when the insured has assumed such a liability in an 'insured contract.' PGL 50 I0 05 96 Copyright. Insurance Services Office. Inc., 1995 ?aF, c An amendment has been made to the Supplementary Payments provision in these policies to provide for the defense of an indemnitse and the payment of an indemnitee's expenses as Supplementary Payments if certain specific conditions are met. CG 00 01 - Commercial General Uability Coverage Form (Oeeurmnoa Version) CG 00 09 - Owners and Contractors Protective Llebitlty Coverage Form CG 00 $$ -- Railroad Protective LiabilRy Coverage Form An exception has been added to the Pollution Exclusion in these coverage forms so that the exclusion does not apply to losses arising only out of the escape of fuels, lubricantS or other operating fluids f~aUlting from the normal functioning of mobile equipment, provided the pollutants escape from the mobile equipment part designed by its manufacturer to hold such pollutants. BROADENINGS OF COVERAGE - MULTIeTATE ENDORSEMEN'I;S · CO 20 21 - Additional Insured --Volunteer Workers · CG 20 22 -- Additional Insured -- Church Members, OlYJoara and Volunteer Workers · C; 21) 30 - Oil or Gas Operations - Nonoperating, Working Intorsata These endorsements ara revised to acknowledge the existence of a new form of business entity known es the limited liability company and by specifying members and managers of limited liability companies as insurads. CG 20 32 - Additional Insured - Engineers, Amhltect~ or Surveyors Not Engaged by the Named Insured This new endorsement can be used by contractors Io provide coverage for an architect, engineer or surveyor (as an additional insured) that they did not eftgage'dlractly, but that they ara, by their contract with the project owner, required to add as an additional insured to their policy. * CG 22 74 Amendment of Contractual Mobility Exclusion for personal Injury Mailed to Fal~e Arrest, Detention or Imprisonment for Designated Contract~ or Agreements The Contractual Liability excJuaion 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 contract or agreement. Also, an amendment has been made to the Supplementary Payments provision in the underlying policy to provide for the defense of an indemnitse and the payment of an indemnitee's defense expenses as Supplementary Payments if certain spec;rio conditions are mol · CO 22 80 - Limited Exeluslon - Contractors - Profeaalonal Liability This endorsement is Introduced lo limit the application of the exclusion of professional sewices available in endorsement CG 22 43. For policies to which CG 22 43 had previously boon attached, tho attachment of CG 22 80 in its place will broaden coverage bynot excluding coverage for tho liability of a contractor who both design and builds tho same project for others, regardless of whether or not the design portion of the project is subconlracted. PGL$O 100~ 96 Copyright, In.~ur~== S~r,~ Office. Inc.. 199~; C-1223 ?age 3 RESTRICTIONS IN COVERAGE - MULTISTATE ENDORSEMENTS · CG 21 52 - Exclusion - Financial Servicea This new endorsement excludes, from the CGL policy, coverage for cedaln 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 -- Exotualon -- Deaignated Ongoing Opereflona · CG 21 54 -- Exclualon - Deelgnated OperaUone Covered by A Consolidated (Wrap-Up) insurance Program These new endorsements exclude coverage for designated operation, when the designated operation is insured elsewhere orwhen the insumcl chooses not to insure a certain operation. CLARIFICATIONS IN COVERAGE AND OTHER EDITORIAL REVISIONS - COVERAGE All General Liability coverage ton'ns contain minor editorial revisions to provide for consistency among policies. In addition, these coverage forms have been revised to incorporate other various revisiona in order to clarify coverage. Those changes to each individual coverage form ara described below:. CG 00 01 - Commercial General Liability Coverage Form (OcCunlnoe Vercion) CG 00 09 -- Ownera and Cenlraetora Protective Liability Coverage Form CG 00 33 - Liquor Liability Coverage Form (Occurrence Veralon} CG 00 35 - Railroad Protective Uablllty Coverage Fo,rm CG 00 37 - Products/Completed Operations Uability Coverage Form (Occurrence Version) · These policies have been amended to clarify that an insurer investigates and settles claims, and defends insu. red.s, against suits. CG O0 01 - Commercial General Liability Coverage Form (Ocoun'ence Version) Paragraph 1.a. of the Insuring Agreement for both Coverage A - Bodily Injury and Property Damage Uability and Coverage B - Personal and Advertising Injury Liability ia revised to clarify the intent under the Coverage Form not to defend insurads when no coverage exists under the policy. A Pollution exclusion is added to Coverage B - Personal and Advertising Injury Uebllity to clari~y the intent that damages resulting from pollution incidents ara not and were never intended:to be covered under personal injury or adverlising coverages under the CGL. In addition to minor editorial changes, the Other Insurance Condition in these policies is amended to apecify that coverage is excess in situations in which an insured is given pen~lssion to occupy a porlion of · 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), artd (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 conform to standard industry terms. PGL 50 I0 05 96 Co~yri~.ht. Insurance S~rvices Office. Inc., 1995 4 The Definilion$ section has also been amended in these policies to clarify that the 'products- completed operations hazard" definition only includes coverage I'or damages arising out of a condition in a vehicle not owned or operated by Ihs named insured and to more clearly state that products or operations that are subject to the General Aggregate Limit are excluded from products-completed operations coverage. CG 00 09 - Owners and Contractors Protective Liability Coverage Form · Paragraph 1.a. of the Insudng Agreement is revised to clarify the intent under the Coverage Fon'n not to defend insureds when no coverage exists under the policy. CG OD 33 - Liquor Liability Coverage Form (Occurrence Version) · Paragraphs 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 35 - Railroad Protective Liability Coverage Form · Paragraphs 1.a. of the Insuring Agreement is revised to clarify the intent under the Coverage Form not to defend insurads when no coverage exists under the policy. CG 0O 37 - Products/Completed Operations Liability Coverage Form (Occurrence Version) · Paragraphs 1.a. of the Insuring Agreement Is revised !o clarify the Intent under the Coverage Form not to defend thsureds when no coverage exists under the policy. · f.!2.)..?d (..3).ifp.'[ne?ed con, *' d.,nition in th. S.ct ,.ve been r~v~.seo t.o u?et? tn.e. ,=,z o! p.romsmonal services (for jrchitects, engineers or sunmyora) to conrorm to stam3am Inoustry Terms. · The Definitions section has also been amended in these ooliclea to completed operations hazard defin~on' only includes coverage for condition in s vehicle not owned or operated by the named insured and to more clearly state that products or operations that are subject to the Aggregate Umit era excluded from products- completed operations coverage. CLARIFI~A,TION$ IN COVERAGE AND OTHER EDITORIAL REVISIONS - ENDORSEMENTS · CG 03 00 -- Deductible Liability Insurance (CGL and Products) · CG 03 05 -- Deductible Liability Ineuran=e (Liquor) These endorsements are revised to clarify that it is the insured that is being defended ~ a suit. · CG 20 07 - Additional Insured - Engineers, Archite~ta or Surveyors (CGL) · CG 20 31 - Additional Insured -- Engineers, Architects or Surveyors (OCP) · CO 22 34 - Exclusion - Construction Management Errors and Omissions These endorsements have been revised to update the iisi of professional services contained in the forms to conform to standard industry terms. PGL 50 I0 05 96 C°PYrigflt, lnsurnn~e Sc~,ic~ O~ice, Inc,. 199S C-1223 Parc 5 · CG 20 11 - Additional Insured - Managers or Lessors of Premises · CG 21 36 - Exclusion - New Entities · CG 21 37 - Exclusion - Employees as Insurede · CG 21 42 - Exclusion - Explosion, Collapse and Underground Property Damage Hazard (Specified Operations) · CG 21 43 - Exclusion - Explosion, Collapse and Underground Property Damage Hazard (Specified Operations Excepted) ·. CG 21 49 - Total Pollution Exclusion Endorsement · CG 22 38 -- Exclusion -- FidUciary or Reproaentative Liability of Financial Institutions · CG 22 40 - Exclusion - Medical Payment1 to Children (Day Care Centers} · CG 22 34 -- Exclusion - Construction Management Errors and Omissions · CO 22 56 - Exclusion - Injury to Volunteer Flraflghtere · OG 22 57 - Ex01uslon - Underground ReSources end Equipment · CG 22 63 - Stevedoring Operations UmitmJ Completed Operations Coverage - CO 24 05 - Financial Inetitutiona (Reporting Provision and LlmitaUon to Fiduciary Interest or Representative Interest) · CG 24 07 - Products Completed Operations Hazard Redefined · CG 24 09 -- Governmental Subdivisions (Thie list ia continued on the next page) · CG 24 11 - Fiduciaries - Fiduciary Interest · CG 28 0~ -- Limitation of Coverage to Insured Premises · CG 28 33 - Voluntary Clean-Up Coata Relmburaement · CG 29 51 -- Employment-Related Practices Exclu~. Ion Various editorial changes have been made lo these endorsements to make lbo language consistent with those el other forms and endorsements in the CGL program and to reformat for improved readability. · CG 21 40 - Coverage B - Personal Injury Liability Only (Advertising Injury Liability Not Included) (Occurrence Version) In addition to other editorial changes, a pollution exclusion has been added to these endorsements [or personal injury liability to clari/y that damages resulting from pollution incidents are not and were never intended to be covered under personal injury coverage, Also, these endorsements have been amended to clarify the intent under the underyng policy riel to defend insured-, when no coverage ex~sts under the policy. · CG 22 43 - Exclusion - Engineers, Architects or 8urveyora - Proteeelorml Liability Revisions have bean made to this endorsement to clarify that ~t 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 wall as to update the list or professional services contained in the form to conform to standard industry terms. PGL 50 ] 0 05 96 Copyright. In-~rnncc Services Office, Inc., 19~5 P~ge 6 · CG 22 81 - Exclusion - E,¢oneoua Delivery or Mixture and Resulting Failure of Seed to Germinate - Seed Memhants (CGL and Product~) · CG 24 18 - Seed Memhente - Coverage for Erroneous Delivery or Mixture and Resulting Failure of Seed to Germinate (CGL) · CG 24 19 - Seed Merchants - Coverage 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 end Resulting Failure of had to Germinate (Product~) · CG 24 21 --Seed Merehant~ - 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 provided under the Seed Merchants classifications. · CG 22 48 - Exclusion -- Insurance and Related Operations This endorsement hms bean modified to add additional activities that may be performed by today's insurance operations. Additionally, editorial revisions have been mede for clarification and to improve readability. · CG 22 79 -- Exclusion - Contractors -- Proteeeional Uabillty This new endmsement is introduced to clarify the policy's coverage intent to exclude coverage for the professional liability of e construction contractor who is acting in the capacity of mn architect, engineer or surveyor or who has provided an architect, engineer or surveyor with professional services in connection with wo~ performed. · 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 pemonal injury coverage. · CG 28 07 -- Principals Protective Liability Coverage This endorsement is revised in order to clarify the intent under this endorsement not to defend assureds when no coverage exists under the policy. POLSO 1005 96 Copyrisht, htsurnnce Services OOTcc, Inc., 1995 C-1223 COMMERCIAL GENERAL LIABIL~Y CG 00 01 01 96 COMMERCIAL GENERAL LIABILITY COVERAGE FORM Venous pmv~ona In thio policy rasaict coverage. Read the entire polcy carlfuly to determine rlght~, dutle~ and what is end il not ~evMed. Thraughout ~ Peaty the wor~ 'you' end 'your' refer to the Named Imwrad eh(we in the DWlr~onl, end any othM pemon or orgen~telion o~,lMfylng aa I Named IMurad under thil Pemcy. The wordl 'we,' 'US' and 'our' refa~ to I~e Company providing thil insurance. The w~rd 'insured' maine any person M organization quMfytng .e ~Jah under WHO IS AN INSURED (SECT(ON O1fler wordl a~d phrMe~ thee appear in quoti~)n merkl have ipecac( meaning. Refer to DEFINITIONS (SECTION V). SECTION !. COVERAGES COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILrrY 1. InamlnM AgmeMnt We MI pay thole luna thee the inlumd legdy obl~ded to Pey ms dmm~ b~ul~ of ~n~ur~ce IpplN, We MI hav~ the I~ht ibrd those damegns. Howevor. we MI have no duty to defend the Insured against any 's~it' eaeking damages for 'bodily InJwy' or °prape~ damage' to which ~ Inaumnce deas not app,. We may at our McraGon Invesligate any 'occurrence' end ewe any claim or '~uit' tflat may result (1) The amount we wiU pay for damages is limited as described I~ LIMITS OF IN- SURANCE (SECTION III): end (2} Our fight end duty to defend end when we have used up the appacabie insurance i~ the payment of Judgments or s~ttJements under Covmages A or B or medical expenoea under Coverage C. No othM abligaUon or "abi~ty fo ply euml or perform a or uMce8 is covered unlas& exp~ca~v rvovIded for under SUPPLEMEhrI'ARY PAYMENTS-COVERAGES A A~rD B, b. Thil inaurance apple- to "bodily inju¥' end 'lxope~ty damage' onb ~ (t) ~ '~ ~Ju~ or 'pm~ dam~' ~) ~ '~ ~J~ m '~ ~m~' ~cum dudng ~e ~ ~ Exclus~s. ThM ~lumnM ~ nd a~ ~: In~d~ horn We ~ ~ ~l ~ rNu~g fram ~e ~ M ~ inourad ~ ~ ~ ~ Mm~ ~ ~n · e Mum~n ~ ~ ~ I ~ M ~ra~ (2) ~m~ ~ a ~ ~ ~t Igreame~ Sol~ for ~e ~ re~na~ ~mw fm and Wga~n ~ ~ ~ or ~r a o~w ~ eft ~r~ are d~m~ dama~ ~e ~ '~ Inju~ or (a) L~ to ~ ~ for. or ~r CG O0 01 01 96 Copyright, Insumn~t~l~lces Office, Inc., 1904 Page I of 13 (b) Such ~ttomey fees and expenses are for defense of that aga~ ,, c~ or atternativa disp~rts resolution p~oceeding in which damages to which t~is insurance =pplies ~'e Meged. Liquor LlabltKy 'Bocl~ injup/' or'propm~ darm~2~' for whlc~ th~ured m~ Irm hW, d llab4~ by reMon ut. ('1) C~tm~g or con~ibu~ing to the intoxicl~on ~P/p~m0n; (Z) The fumlddng of ~lcohulic I~v. mges to pemon unde~ ~e legal dltnking '*ge or undo' the Influeh~ of Iloohol; or (3) Any statute, or(ln,~nce or regul~on re~dng to the ills, ~ disbibulion or ul~ of Mcoh~lc beverages. Thi ~xdu~on ~es on~ if you ,,re in the bu. km~ of menuf~c~u~ng, dmtrilxding. ~lllng, · mvinD or ~um, iM~/cohol: beverages. Workers' Cml~l~a~ltlon and Similar Law~ Any obilg~ion or the ineured under i compenlation, ~,~lbity beneflt~ or unemploy- m.ot compensation W# or any ~milar law. Employees Liblllty · Bod~ Inju~ to: (1) An 'employ..' of the In'*ured '*~ng ~ut of ·nd in the coum~ o~. (I) Employment bythe insured; or (b) Performing du~el related to the conduct of th'* Irmured''* buMnees; or (2) The spoule, child, p'*re~ brother or MMm' of th.~ 'lmploye~' es · consequence of peri- graph (1) Thk. .xclu~on apples: (I) Whether ~he Insured may be i'*ble '*~ empioywr or In an)' other c.,pec~, ,*nd (2) To any oblg~on to .hare d~mag.~ W4h or repw aero.one site v/aa mu~t p~y b.c~u.e o~e InJmy. Th;., m~cludon doel not spply to liabity .esumed by Ihs In~ured under an 'in'*umd contract.' Pollul~m (1) 'Bodiy inju./ or 'property damage' srising out of ~e ectuat, Meged or re,ease or escape of pdutants: (e) At or from lay pmrnbes, aim or which is or w~ at any ams ovmed or c)~'uplecl by, or rented or Ioened to. any Insurad; (b) At or from em/pfemiaas, rite or location which I~ or .,~1~ It Imy ~ u~ed by or fc)r .ny InmJred or omem for the h'*ndlng. ~torage, ~pc~ Ixoceesing or Ireatmeflt of w~ate; (c) ~ are or warn at any lime dispo~ed of, or processed a~ waste by or for '*ny irmumd or m~y pemon er orgm~Zmmn for whom you me,/ (d) At er from ~ pmml~. Nt. or on which eny insured or ~ny Indirect, on -,ny In~ured'a beh~ are pen~rmlng ep~'*tlorm: (I) If the pulutimts ere Ixought on or to the pr.mieN, ~a or Ioc~on In cQnnec~on v4~ such opera,oas by · *uch insured, oontmctor or sub- eontme~oC or {11) If ~m opemlk:mm ale to t~t fo~. monitor, cJ~ln up, r~ovl, con- ~ln, tm~t, dem~ly or nm,~'~ze, or in '*ny' vmy* r~pond tn. m' ~ the ~ of polut~nt~. Subparagraph {d}(I) doe. no~ ~ ~o *bmr/ injury' or 'pmpe~ d~mage' e~.~ng out of the e~c~pe of fu~l, lubdc.~nt~ m' other opemang flu!d~, which em needed to p~fform the normat ~ hydmui~ or mech~nle.,ll func~on~ n~-'~my for op~or~ of'moble equipment or I~ I~, If such fu"-, lul~mnt, or ob~er opemllng fluid~ elcape from · vehicle p~t dellgned to held..tom or re.lye ~em. Thi operating fluldl .re Inl~tlon.~y di~herl~d, ~oemed or rd.med, o~ f tU~ fu~ brought on oc to the ~'~n'~e~. aite or chpe~ed or n~md m p~ of the op4r~ons being pe~,rmed b~' ~ch In~urecl. r, ontm,:tor or sulx:ontr~,-t=r. CG oo Ol 01 S6 ' Copyright, Insurance Se~tces Office, Inc,, lg94 c-1223 Page 2 of 13 Subl~sreOm~e {a} and {d}(I} do not aPI~Y to 'bodily inju~ or 'property damage' arlkng out of hant, smoke or fom~ horn Al u~ed in ~b exc~u~on, · hotlile one which be~omL,~ uncon~o~ab;e or braik~ out from w~ero It was Inlended to be. (2) A..,y Ioas, coat or e0q3en~e at, shag out of any:. {aa) Requnet. demand or order U~It any h'morod or o~em test for, monitor, c~een up, remove, contain, bait. datcmffy or n~:,..Xce, or in any way roepond to, or anuses the effec~ of polutam~ or (b) Claim or suit by o~ o~ behalf of a govammentsd authority for damages beeauai of tneUng for, monitoring, damning up, removing, contMn~ng, truing, detox~ng or neutratzlng, anyway re~pendlng Io, or asaail~ng the efta of polutonta. Poffutontu me~rm any iolid, liquid, gaseouu or tharmM m'itmnt or con~,mh~ant Inc:]uding amoka. w~to. Waste Inc:ludN mntetlale to be recycled, raconc~4~oned o~ reda~med. Almroft, AUI= M Wuteroraff 'Bodly InJury' or 'pmberty damage' aMOng out of the ownemNp, mainton~ca, uae or entreatment owned or operated by or rented or loaned to any inuured. Use Inc~udee operation and "loa~ng or unloac~ng.' ThM ex~lmdon done not app4y to: {1) A Wntorcraff wMe ashore on pre,/n~..ne you ow. or (~ ^watof~mf~you do not own th,,t (a} Las~ than 26 feet long; and (b) Not being ueed to carry pomona or property for a charge; (3) Pmldng an 'auto' on, or on the way~ next to, premlas~ you own or rent, provided tha "outo' i~ not owned by or rented or loaned to you or the ~aured; (4) Uebllty .aiumed under am/ 'lBIOred contmc:f' for ~ ~ip, m*~enan~ or (~ '~ ~u~ or '~ ~m.~' .~nu o~ of ~e o~ ~ any ~ ~e ~l~ent d~n~n of*m~ ~UI~L' M~ Equipmant (1) The ~n ;f'm=~ pr~ f~, or~ ~g r~n. r~n nt r~ ~ ~n ~ lgt~L ~e ~ (2) Pr~~~ · e 'pm~ d~' ~ (5) Th~ ~J~ ~ ~ ~ wor~ng ~r~ or ~ ~ ~ur ~h~ dnm~e' i~ o~ ~ ~ ~ ~r~, m~ ~ ~ ~uai Plrl~l~ (2} ~ ~ ~d~ ~e prem~ ar. ~r ~ ~d ~m n~ ~cu~. mn~ ~ ~ for m~ CG O0 01 01 96 Copyright, Insurance Services Office. Inc., 1994 Page 3 of 13 Paragral:~- {3), (4), (5) and (6) or ml~ exclusion do not ~ to ia~ ~um~ und~. ~d~k agreemen~ Paragraph (6) of t~ ~u~on do~ n~ ap~ to · pro~ da~ga' In~ud~ In 'produ~m~et~ oper~on~ ~ ~a m Y~r PMu~t "~o~ ~age" ~ '~ur WoduM' a~ng o~ of E or any ~ o~ E I. Dam~ ~ Y~r We~k ~ any ~ ~ a and in.dod ~ ~e 'produ~ ~m~ ~n~ h~' ~ ~d~on d~ not a~ ~ ~e d~ ~ or ~ ~ ~ ~ ~h ~e damage a~ ~ ~ un ~ur ~heE ~ "Pm~ ~ma~' ~ '~pair~ Wo~ or ~ ~ h~ not ~e~ ~ Injur~, ~go~ d~g~ ~nd~en ~ '~r pmdu~ or '~ur ~"; or ~) A ~ o~ ~e ~ ~u or on.ne ,~g on ag~l In a~fdanc~ ~ ~ ~. ~ ~o~ ~ng o~ of ~u~n ind ~ p~ ~]u~ m 'your ~du~ o~ (2J 'Yom ~'; m r~ from ~e ma~ m from u~ ~ a~ ~n~ ~n~ In ~ E. xclurdon$ c. through n. do not apply to damage r~e to premd~ wh~4 rented to you or tempomrff separate knit of Inturence ,,l~:iN to th~ coverage d.~crib~d in LJMITS OF INSURANCE ($__~__ n I]1). COVERAGE B. PERSONAL AND ADVERTI~NG ~IJURY BABIUTY 1. In,.urlng AgreemenL L We v~l ~ tho~ eumo that the irmured becomes 'p~mon'a Injury' or 'edvertlMng tnJue/' to which thlt Ifmumnoe epp~le. We w~ have the dght end duty to defend the kmure<l egMnlt see~dng thole dlrnlgee. H~vevlr. wi wi no duty to defend the Ineured igMn~ Iny 'suit' · .el~g d~m-gN for ~emon~ Injury' or 'edved~ng Irdmy' to which thle Ineumnce doee not elX3~y. We m~y ~t our cll~et~on Invee~Jg~e any °occuffemm" or offefl~e md ~ eny c~m or "eult' that mW reeulL But: ~1) The emount we wi pay for d~megm ltmltKI ~e dmc~:l in LIMIT~ OF INSURANGE (SECTION III); Ind {2} Our dght end duty to defend end when we hive Uled up ~1 Ip~k~Me Inmumflcl In ~ plin~nent a( Judgmunm or · etilement~ under Coverage A or El or meclod .aq)enMe u?dor Coverage C. No c)~w obigMJon or labllty to pey aurne or p~fom~ a or ten~ce~ I, ~ovemd unlm axMcaly ixov~led fM under SUPPLEMENTARY i . PAYNIENT-GOVEF~E$ A AND B. (¶! 'PemonM InJury' o~med by In offenle ed~ng out of your but~nNe. tekK~M~rtg done by or for you: (2} 'Adv~ng InJuP/' ceu~d by ,n offen~e committed In t~e ~oume of edve~de~ng your good~. Im~duct~ or ~ but only ff ~e offen~e wee committed ~n the 'cOVellge tonl~P/' dul~ng the IX~ pedod. 2. Exoluelons., Thi ~umnce doee not KoZY to: e. 'Pemonl] injury' or'edvefti~ng ~n]u~/": · (1) A~tng out of oral or wdtlen publmeon of rnetMId. If dofle by or et the direct.'.' n of the Irmured wf~ ~ of,~ NM~. CO O0 01 01 9~ Copyright, Ir~umnce Sendces_Ofl~Ge, Inc., 1~4 c-1223 Page 4 of 13 (2) ,a~Jng out of or~ or written publication of ~re ~e ~g~ning of the ~ ~; ~e or ordinan~ com~ ~ or ~h ~e ~on~nt of ffia I~ur~; or (4) For ~h ~e ~red h~ ~u~ ~ ~ n~ ~ ~ ~ For demag~ ~ ~ ~um~ ~uld h.ve In ~e a~ance of ~e oon~ or lgr~en~ or ~5) ~ng o~ of ~e a~, ~ or m~n. r~. or ~ of ~n~ ~ ~ '~g ~u~ B~ng o~ of: (1) Br~h ~ ~n~a~ o~ ~l~ m~ p~n ~ a~g ~m un~ an im~ con~ (2) ~e f~m of goo~, produ~ or le~ to conform ~ a~ qua~ or ~o~co; (3) ~e ~ng d~on of ~o ~e of go~. ~odu~ or ee~; or ~g ~ ~ng. (1) R~u~ d~and or order ~ any ~ or ~em t~t ~r, men,or, ~an up. remo~. ~) Cl~m or lu~ by or on ~haff of · ~ ment~ au~o~ for ~meg~ b~u~ of ~ng ~;. mo~dng, deoning up, rem~- ing, ~n~n~g. ~e~ng, d~o~ng or neW--g, or in any ww r~nding ~, or m~g ~e ~ of poButmn~. P~n~ mee~ acy ~id, iquid, g~ or · e~ ~ant or ~n~nanL induing ~oke, ~r. ~ fume, a~, ~a~, ~ and r~n~n~ or COVE~GE C. ME~AL PAYMENTS 1. Insuring L We ~ ~y mean ex~nl~ ~ ~ ~r'~d~ inju~ ~ut~ by an (t) On prem~ ~u ~n or rent; (2) On ways next to premke~ you DWn or rant; or (3)Becausa of your opera~on-; prodded that: (t) The accident taksa Idace in the tofl-~toq~ and ltudno the poky period; (2) The expensat era incurred and reported to ut within one year of t~e date of the accident; and (3) The injured pemon eubm~ to eximinl~on, at our expenle, by phiMdani of ou~ choice b. We wg ma~ these peymenl~ regordle~ of fault. Thsae peymont~ w~ not ~ the ~ of in~ranut. We wi pey referable ponsa~ for, (1) Fiat aid edmin~tered It the ~ne of (2) N~eMa~y ml~l, lurglc~ x-my and de~ e~w~ce~, induGrmg ixoithatie ~ end (3) Neut~lry imbuMnut, ho~M~ prMee4tonM nul~ng end funeral ~n4coa. Exclullons. We wi not pey .~utnlsa fat 'lxxly Iqjur/': To any b. To a pomorl hired to de wolf; for et un behalf of any In~ured or · tenant of any iuturad. G. TO I potion injured on that pelt of premile~ YOU own o; rent th.t the pecan homey occuple~ d. To a potion, whether or not an 'emplny~' of any ineured, if bend'~ ~or the 'lx~d~ injury' ire payable or mutt be W under a compensation or cJe~b~Tw beneMi law er · aimlier e. To · peraon injured whle tild~g pert in athloflcl. Included Win the "products-corollated op- era4ione h~Jrd." g. Excluded under Coverage A. h, Due to war, whether or not declared, or any act or condilton incident t~ War. War Indudsa war, Insunac~on, rebeilon or revelu~on, CO 00 01 01 96 Copyright, Insurance Services Office, Inc., 1994 Page S of 13 SUPPLEMENTARY PAYMENTS - COVERAGES A AND B We v~l pay, w~ re~pect to .ny cMim we inveg'dgate o( se~de, or any 'suit' against an insured we defend: 1. 2- Al ~rmm we incur. Up to S250 for oo~t of ball bonds required ben. usc of sock:lents or ~ I~v ~o~t]onl mksing out of the ,~s of .ny vehlde th whloh the Bod~ Injuw L.imbiRty CovM~ge .ppr~e~. We do not haw to furnish these bon(~. 3. 'i~s coit ~ bondl ID rldelmi sttechment~, bdt only/or bond -.sun= vdthln the .pp~c~bJe emit of We ~ ~ h~ fo ~m~h ~e ~n~. 4. ~ r~n=~ ~ ~ ~ ~e inlur~ ~ our r~u~ ~ ~ us ~ ~ ~v~g~n or ~se of · e d~m or ~' ~u~ ~ ~ of ea~n~ up ~ $250 1 ~ ~ ~ ~me off ~om ~ 5. ~ ~ ~ ~Mn~ ~e I~ur~ in ~e 6. PrOud.eM ~ ~ ngai~ the iMur~ on ~y ~udgme~ i~r~ ~ed on ~ p~ ~ ,me 7. ~ ~ on ~e ~l .mount of a~ Judgm~t ~ ~r ~ of ~e judgment .nd h~ ~. o~ ~ ~. or d~ ~u~. · ~ ~end ~ I~u~ ~n~ a "~' and an of ~e I~r~ k ~ n.m~ ~ m ~ to ~e '~' m~ & The "~ agM~ ~e ~n~ ~ dam.g~ for ~h ~e I~r~ h~ ~um~ the ~ of 'in&ur~ mppm ~ ~ ~ ~ ~ of ~e i~u~ · , The inclemnRN Ind the Inlwrecl ilk ',~ to conduct and conb'cM tho dofenm of thit indemnitM .gain~t such '$u~ end ogres thit we can ~ the ~ame counsei to dM'end the insured end the indemnitae; and f. The Indemnitae: (1) AgreN in wiling/CC (.) Cooparlt. with U~ In the inw~dget~on, IM~Jement or defanme of the "mJit': (b) Immedtetely lend u.r coplel of .ny de.aheM, not. N, ecmmon~el or }.gM pep.ri recMvecl In connec~on with the (c) Nof~y any other Ir~ur~ whcae coverage ks IvMlMe to the bdo.nlM.; end (d) Cooper.t~ wah u~ w~h rNpect to coon~. n~ng other apMcabta Irmumnce IvMl~ble to the indem~; end [2] ProvtdM im w~ wfi~en tuthor~zat~on to: (.,) Obtain records end olher IMormeUon rell~cl to the'~u~, end (bT, Conduct ~nd cow the dM.mm indemnitee in lush 'lult.' 6o krug II the Ibove coAdWonl era met, It~omly. incu.ed by u~ in the defe'~ ofth~ Indemnltee, r)~ec~ry rwge~on ~xpanll~ incuned by iA end neceil~y ltig~ofl expenw incurred by the indemrdlie it our requM wi bo paid m~ Supple.enemy Peymen~. NoMMhltlncing the prove-ions of rw~gmph 2.b.(2) of COVERAGE A - BODILY INJURY AND PROPERTY DAMAGE LIABILITY (Sec~on I - Covia.el), such payment~ wi nc~ be deemed toib~ demi.el for "lx~My ~ury' end 'prop"try damage' · nd wi n~ mcluc. I~ ~ of k~urlmce. O~r ol3~ig~on to dofm~d in irmured'l indemnltae ind/o ~ for ~tome~ f~ ~nd naca~elry ~ Supplementary Payment~ ends w?ten: · . We hms uled up the .ppiica~e emit of insurance in the Payment of iud.men~'- or m~lement~; b. The conoWoca iM follh, .hove. or the tem~ of the agreement dslcdb~d In pemgrlph f. ibov~, ~ro nof inngor met. CQ 0~ 01 01 16 Copyright, Insumnol Sew~et, __OIT~co. Inc., 19~4 C-1223 Page 6 of 13 SECTION I - WHO I~ AN INSURED 1. If y~u are de.gritted In ~e De~ar~o~ ~: ~ ~du~, ~u ~nd y~ur ~ ~e I~ur~, b~ ~ ~ r~ ~ ~. ~ndu~ of · b~ ofteN ~u ~re ~e ~ b. A ~ip or j~t v~tum, ~u am an i~ur~. Your mem~m, ~ur ~em end ~r are a~ ~m~, b~ on~ ~h r~ condu~ at.ur ~nm. ~ A ~ Im~ ~m~ny, ~u me mn Jnmur~. Your mem~m ~m ~ )nmu~, ~ o~ ~h r~ ~ ~e con~ of ~ur ~nm. Your · ~ d~ m ~ur men.em. d. ~ ar~n~n o~m ~ln I pl~ne~p, ~m m ~ ~.~ ~m~ny, you In~ Your '~ oM~' end em ~ur~, ~ o~ ~ ~ ~ ~ d~ m ~ur ~ or ~r~om. Your ~Rh~m Z E~ of ~e f~ng ~ ~o an i~ur~: ~ Your 'em~m,' o~er th=n ~ur ~m,' ~ ~u ere mn org~on o~er ~emhip, )~t ~m or ~ core.ny) ~ ~ ~ur m.n~ (E ~u ~ ~ core. W), ~ o~ ~r =~ b~m. H~r, none of ~me'~m' {1) 'Bo~ ~u~ or '~.1 Inju~: (~) To ~u, ~ you~ ~em or mim~ ~u =m · p~e~hip or )o~ ~niure), m ~ur mem~i (~ you ire ~ h~ core.ny), or ~ e co~em~e' ~ of hi or h~ ~o~ent ~lng d~ ~aled to ~e condu~ o; your buMn~: (b) To ~e .~ule. ch~d, ~renL bro~ or (c] For ~ich ~ere · any oM~a~n shire ~m~ ~h or mpw ~m~ne ~ ~o ~ pW dama~ ~ of (d) ~ng o~ ~ hM or h~ ~ng fM~ ~o pm~e prof~onM he~h (2) 'Prope~y derange' to property:. (a) Ow. ed, occupied or ~ ~, (b) Ren~ ~, in ~e ~re, c~ or ~n- ~ of. or ~ ~h ~ ~nV~ ~ ~ng ~ br Iny ~ ~ ~u. any ~ ~ur "K~' or, E ~u em a or mem~r. ~y ~n (o~er ~ your '~"), ~ any organ~n ~ii ~ng ~ ~ur r~ ~ m~. ~ ~n or o~n h~ (1) ~ r~ ~ ~ ~g om ~e (2) U~ ~u~ ~ r~ hm ~n Your ~ mpr~ ~ ~ ~, ~ on~ ~ h~e d your ~h~ end ~ un~ ~ C~ ~me ~der ~ny m~r ve~ ~ ~, ~ ~n ~lmur~ ~ ~ ~nd k ~ ~ ~ wn m oran Mr ~ ~. ~, ~ ~n ~ o~n ~ an 'Bo~ ~u~ ~ · ~'~' ~ ~e ~n d~ng ~e ~ui~ m 'Pm~ d~' ~ pro~ ~ W, r~t~ ~y o(gan~Uon ~u n~ ~ or form, ~m · an · ~Jp, jolt ~m m I~ ~ oomph, .nd ~ ~ ~u m~ ~ ~ or~n~n. H~ un~e~~e~em~e orgen~n or ~e en~ ~ ~e ~ ~ ~er · ~i~ CG 0O 01 01 96 Copyright, fnsumnGe SaUces Once, Inc., 1994 Page ? of 13 b, Coverage A does not app~ to 'boc~ injury' or 'propmty damage' that occurred before you acquired or fom~ed the organiz~on; and c. Coverage B does not eppty to 'pemonal lnjury' or 'adverting irtjuly' ar~ng out of an offent~ committed before you acquved er formed the orgenizl'don. Nc demon or organize'don ii an insured w~th respect to the conduct of any current or past pal'metT, hip, jDint venture ar Irnl~ed labitity company that ii nm ahow~ eaa Named Iniured in the Deciir~tton~,. SECTION IN - EMITS OF INSURANCE 1. Tho Um~ of InmJmnce ·hewn in the DoctarMfona and the rules below fix the mo~t we wil pay regerdlees of the number o~. a. Insuredl; b. Cllinm made or'suit' brought; or g. Potion· or organizations making dMma or bringing 2. The GInMM Aggtegate Limit ii the moat we wi pay for the aura of:. Mediosl expert·es unde~ Coverage C; Damage~ under Coy·age A, excap( deranges becauae of 'bocli~ injury' or 'propelty damage' included In the 'p)'oduct~comp~sted operatlonl hazard'; and c. Damlge~ under Coverlge B. The Productl-ComlMMed Odere~ona Aggregate Limit ii the moat we wi pay under Coverage A for damage~ bec~a of 'bod~y injuqf' and 'property damage' inctuclad in the 'P,'oduc~.-comldsted operatione hazJm:l.' Subject to 2. lb(we, the P'ertonll and A. dVe~ling Injury Umil ii the most we wi pay under Coverage for the sum el' al dernage~ because of all injury' and al 'eclverl~ng injury' sustained by any one peach or orgerii?JflOrt. Subject to 2. or 3. above, whichever appiie~, the Each Occutrer~ce ~ ia the mo~t we wi~ pay lot the sum o~. a. Damage~ under Coverage A; and ~ Me(~cM expen~e~ under Coverage C bec·uae of Id 'bodi~ injury' and 'pmderty damage' att·rig out of any one 'occurrence.' So Subject to 5. above, the Fk'e Damage Un'fit is the most we wi pay undo1' Coverage A for damages because of "lxcpe~ly d~mage' to premise~, white rented to you or temporarily occulted by you with pafmiesion of the CWT,·r, ·ri·lng out of any one §re. 7. Subject to $. ab(we, the Medic·il Expense Umit molt we ~ ply under Coverage C ~x d rnec~d expin·e~ be~eu~e of 'bodly injuh/eu~ned by any The ~ of Inlurence of thai Cov~lge leparatMy to ~h con~eGtWve annum period and to any remltning period of MM than 12 mW atl~ng ~ the beginning of the pMcy period ihow, in the Dec~rattonl. uMe~ the p(dicy pe~od ii extended M iaouince for In idG~on,~ period of MM th~n 12 montM. In that cede. the ed(~onM Peded wi be deemed pe~t of the Mit preceding period for p~rpoes, of dot·mining the Um~ of Inaurance. SECTION IV . COMMERCIAL GENERAL UABILJTY CONDITIONS 1. BinknJptGy. Bankruptcy ~ inMMvency of the insured or of the inaurecra estate will not Ma ue of our Dbllg~one under thi, Coverage 2. DutJco In The Event Of Occurrm~e. Claim Or a. You nluat lac to It thll we ere nctii'ied ~,- aeon ~ precticabin of in °OCGU~TMtCe' or an oftenee which me), result in · claim. To the extent po~Mble, natlce ahould include: (1) How, whorl and where the 'occun'ince' or (Z) The nlmm end addreeee~ of any injured pemonl and wllTteMe~ and (3) Tho nabJre and Icc·dion of any' injury or damage idiing out of the 'occurrence' or olTen~. b. If I claim I~ aide ct 'ault' ia brought ag·inet insured, you (1) tmmedIMdy rKord the ~ of the ct·ia or'lul~ and the dM received;, (2) Nob¥ ua M such es W. You muat ~e~ to It th· we receive wh'ttin notice of tho chdm or'su~ es such in ~ble. CG O0 01 01 ~6 Copyl'lght, In·ur·ncc San~ces _Office, tn;., 1994 C-1223 Page 8 of 13 c. You ~qd ~y othar In~olved in~ureq~l (1} Imm~n~ u~ ~ of ~y ~m~n~, no~, ~ummo~ or in ~nn~on ~ (2) A~o~e ~ ~ o~n ~e~ and o~er (3} Coo~r~ ~ ~ in ~e in--on, and ~foreement of tnmu~ ~e ~ ~ In~umn~ m~ ~ ~. ~ make o~ or ~r any ~n~, ~er ~ for No ~fl or brg~on E To ~e ~ on ~ ~ Pad u~m tm h~ ~ ~m~. ~ ~me~ ~ on ~ ~ j~ment egm~ an ~e fm d~ ~at are not · ~ ~ of Inaumn~. ~ agr~ ~ement m~m I ~em~ end uk ~e Inaur~ ~d ~a d~ma~ or the daimanrm ~ ~ v~ end collie in~r~e the ~ed ~ a ~ ~ ~r under C~r~ A or B of ~b C~mge PI~ our o~ga~on~ fo~: Pdmaw Insuran~ Thb ~eumn=e b ~ma~ a~m. B ~ Insumn~ b phma~, our o~o~ ~ ~t ~m ~umnce ~ ~e ~ ~ ~ other Ineumnce d~ in ~ ~. b. Exoesl InsuTanee Thtl ir~unlnce ii exee~ over Iny ~ ~e o~er on ~y ~m ~: R~ I~n ~ or ~m~r ~ for (2) ThM M ~re I~ur~ ~ ~ ~n~ to ~u m ~m~m~ e~ (3) ~e~e~o~ ~ n~ ~ C~ge A (~ I). Wh~ ~ ~eumn~ ~ ~, ~ ~ h~ no d~ un~r C~ A or B ~en ~ I~ee k ~ ~r ~er imoun~ ~ ~e ~, W ~. ~ W ~e ~m oR (1) ~e W ~ (21 ~e~ ~M ~ ~nd Imoun~ unM d M ~er I~, We ~ ~ ~e ~g ~ f a~. ~ any o~ ~u~e ~ k nM C~e Pa~ c. ~ of Sha~Mg Und~ ~b 8~oach ~ M ~u~e or none ~ c~n ~ ~ul ~m, Insumn~ ~ ~e ~ e~e im~ o~ insuren~ ~ ~ CG 00 01 0t 96 Gopy~ght, Insurance Services Office, Inc., lgg4 ~-~9 Page g of 13 5. Premium Audit. e. We w~ll compute a~ premiums for this Coverage Pert ~ a~o~dan~ ~ our m~ and ~. Pr~um ~h~ Jn ~ Cov~age Pa~ · ~=n~ ~m~m ~ a ~s~ premium on~. · e ~ ~ ~ =u~ ~od ~ ~, com~e · e e=rn~ prem~m for ~ ~d~ Au~ ~u~ em due ~d ~a~ on no~e to ~ N=m~ I~r~. ff ~e ~m et the and =uda ~emlu~ p~ ;or ~e ~ ~od gr~ ~an ~e eam~ pram;urn, ~ ~ r~m · e ~ ~ ~e ~ Nem~ In~. · e ~rm~on ~ n~ for ~emlum ~m~on, and ~d u= ~ ~ =uch ~m~ a.The ~em~ in ~e D~ara~ona are and ~m~: ~oM ~u mede ~ ~; and ~ We hM ~u~ ~ ~ in r~ance u~n ~ur ~ ~ ~ ~ ~e U~ ~ iniumnc~ and Covmge P~ ~ ~e ~ Nem~ In.red. a. M ~ ~h NK I~ur~ ~re ~e o~ Named I~u~ and 8. Transfer M ~h~ M R~ Against To U~ If ~e ~lu~ hN Hgh~ ~ ~over M or p=~ of ~ ~ hM m~ und~ ~m Coverlge PI~ · ~ ~ em ~W~ ~ us. The ~ur~ m~ do n~ng ~ ~ ~ ~pMr ~em. ~ our requ~ ~ ~d h~ ~ .~ ~em. g. When We Do Not Raw If we decide not to renew thl~ Coverage Park we wi mea or dM to the ~s! Named Insured ehov,,~ in the DecMrlUons wr~an no,ce of the nonrenewM not then 30 days before the e~r(don data. If nobce M mliled, proof of ruling wi be proof of SECTION V- DEFINmONS 1, 'Adve~ng inJu~' meerm inJmy s~king out of One or n~me of ~he fMc~Mng offr~nse~: Ora or ,,v~bM pulMicJ~n of metMi~ that Msndorl or ~ i pMIon Dr orgmn~zltlon or chp~mgm · penmn'~ ~ aTganb.'lt~on'a goocll, OM or written pvblice~on of mltedM that MoMtm · pemon'l right of c. Mkappropd~don of eckedl~ng idN= or ~ of doing bt~in~: or d. Inhingemint of co;~,Tight, Mia or 'Auto' means · lend motor vehicle, L, dor Dr .emWdM deMi/ned /or trm~ on putMIc mack. inducing in), ~d~lcf~ed machinery Dr ~quipm~L Bu~ *auto' doe~ not inducle 'mow equ~mlmL' 3. "Bo<~/injury' melnl bodly il~l~y, ik~gnm or crmelle mJ~3med b/ i periDn, inducing del~ relu~Jng from eny of the et any W. 4. 'C(~erage tmflto~y' mw & The United ~mtm of Ammica (indu(~ng terr~rm~ end ~rm), PuM~o Rico and Canada: b. Intom~tlenM watom or MmF4ce. pn)vided the injury nr ~ ~ not oc~Jt in the coume of trove( or tmrmportdon to Dr from any pace not incJuded in & above' or ¢1) T~e injury or demlge M out (a) CY)DM or pmductl aide or ~ by you ~n t~e ~'fl~o/y delc~'~KI In m. mbove: or CG 00 01 01 H Copyright, Insurance Sen~es _Office, Inc., 1994 c-1223 Page 10 of' 13 ?e (b} The ac~as of a ~on who~e home i~ in the tenitor/descrtb~:l ~ ~ a~ve, ~ · ~ for ~ .ho~ ~me on ~u~ ~nm; end (2) The i~ur~s r~n~ to p~ d~m~g~ ~ ~ined ~ a 'eu~' on the m~, In ~e ~eme~ we ~ to. 'Em~oy~' ~u~ ~ "~ ~.' 'Em~e' do~ nM ~u~ · "tem~r.~ wor~." ~ or ~ o~ ~ml~r gover~ng ~ument ~ or ~ ~ ~ul ~u~: in~d~u~ or dan~ous; or E You hM ~d ~ tu~ Ihe t~s d a con~e~ or such pm~ ~n ~ r~tor~ ~ ~e ~ ~. m~r, r~ .dj~ent or remov. of'~m p~u~ m 'your ~;~; or b. Your ~g ~e ter~ ~ ~e ~n~ or in~mn~ ~y ~n or org~on for d~ ~ fire to ~ ~e reM~ ~ ~u or ~m~m~ ~u~ W you ~ ~n ~ the ~er ~ not an 'in.md can~ct~ b. A ~d~ ~r~men~ ~y e~nt or ~ense egr~m~t, exce~ in con~e~o~ ~ con~tru~ or demo~n opem~ on or ~ln 50 feet of ~ m~r~d; d. ~ o~n. ~ r~uk~ ~ ordinance, ~ in~mn~ a munich., exce~ in conn~n ~ ~ ~r a mu~ ~ An ~mr m~nt~ence ~gr~men~ f. That I~tt of any oth~' contrac~ or agreement psrtaJning ~ ~ur ~nm (~d~ng an in~n~n ~ a mun~ ~ mnn~n ~ ~ ~ ~r · mu~) und~ to pw for'~ tnJu~ or'~o~ dmm~' ~lrd ~ or mga~n. Tog ~ m~ lis~ ~ ~u~ ~ ~ ~ ~ in ~e a~e~ ol ~ny eon~a~ or m~me~ P.mgm~ f. dom n~ ~d~ ~ ~ ~. tony ~ er egmeme~ or '~ d~' ~ng o~ ~n~n m ~n o~, 50 ~ ~ ~y ~ ~ and ~. ~nnK un~ or ~ (2) ThM In~n~ In Imh~ ~n~ or ~ ~r ~u~ or ~m~ ~ o~ o~ (a) Pr~dng, ~g m ~g dr~n~, o~ m~ (b} ~n~ ~r~ or ~ or (3) ~nd~ ~h ~e ~, Y ~ i~ enMnw or suw~r, ~mm ~ ~juq or damege s~ng ~ ~e rending or f~lum m m~ g. 'Lm~ ~ me~ ~ ~n ~ ~ ~u and the ~ ~ng ~m, m ~ d~ ~ to · e con~ o~ ~ur ~nm. 'L~d ~ n~ include a ~em~m~ 10. 'Loa~ng or unSUng' m~ ~ han~ng prope~ · . ~er e ~ m~ ~m ~e ~e ~ e~ ~r mavement In~ or o~to an Mr~ ~ter~aR or 'auto'; CGOOO10196 Copyright, Insurance Servfces Office, Inc., 1994 Page 11 o! 1.1 tt. b. Whie It i~ in or on an aircraft, watercraft or or c. WMe it is being moved horn ar) aircralt, watercraft or 'auto' to the piece where it is finMy d~red; but 'lol~ng or unloading' doe~ not include movement of property by meainl of Il mechlrdc. M device, other then a hirtd buck, Ule[ i~ not attached to the ,c~-&~l. watercraft or 'auto.' 'MoIxle eqUJpmenO means, en¥ of the fo#owing of land vehldmk indudlnO eny .tracheal rnlchinl~' or equipment a. BulIdoZMt, farm machinery, foddifts Ind other vidlldei degi0ned for use pr~nctp~ off pubic ro~d~; b. Vehk:M~ mldntMned for u~e solely on or next to ~emMel you own or re~t; r_ Vehkdel that t/Ivel on crMor d. Vehic~ whether e~lf-propMied or not. mMntaineG~ primely to p~o~cle mohair,/ to pennanenUy mounted: {1) Power crilne~, ihovele. Ioadem. diggem or ckflll: or (2) Road con~'uction or re~urrmctno equipment ouch ~1 grede~ Ic~ep~l or rogem; e. YehlciM not delcdbed in ~.. b.. c. md. lb(we that ere not mdf-propeled end ere mMntairmd prime~ to provide mobility to permlnMWy attKhed equipment of the folow~ng types; (t) Air c~m~rl, pumpl .nd genMatom, including epr~g, w~dlAg, bu~c#ng ckNining, geophy~dcM exlMor~don, ligh'dng · nd wMi een~g equipment; or (2} Chel~/ ~c:~ceri end s~ngm devices uteri to ram or lower workorl; f. Vehlc~ not desc~;;)ed in a., b., c. or d. ebove m.intMned I~erly for pufpose~ other t~an the ben.potiOn ~ paf~on~ or cergo. Hc~vevir, eldf-lcxopeled vehlcle~ w~th the fc~o~Mng tybel of permenerWy eltached · qulpment ere nDf 'mob'le ecl~ipment' Ixg ~ be (I}Equipment designed prJmer#y for. (.,) ,Snow removM; (b) Roed m-;ntenence, but not con~c~n or riiuff~cing; or (o) Street de.nlng; (2) Chem/picklm end ~imiler clevice~ mounted on automol~le or tnJck ci-,~.~ ~nd u~ed to rime or Iowir workem; ,,nd (3) Ai~ comPf~m~)m, pumpi and genMatom, including spraying, wMd~ng, bul~ng de~ntng, geophylicli exploration, righting · nd wM lervk:ing equipment 12. 'Occun'ence' rubens in Icc~ent. including conl~uou~ or replmtod expolure to eubetenUa~ ~ame genir;I hlrmtul conG~dk~ne, 13, 'PemonM inJu~' me. hi injup/, o~or than 'becly injury.' -ri~ng out Df one or mom of Re following F~lee arrelt. ~ or impM~nmen~ b. Mdclou; g. The WT0ngful ev~ion from, v~ongful enby Into, or inv~k)n Df tho fight of pdvit~ nocup~ncy of · room, ch,toEing or premtl~l thet I pemorl occ~piei by or on behllf of I~ ownor, I~ndinrd or d. OrM or written public.ion of m~dJMI th~ ilendem or k~el~ · bemon or or~rtiz. J~on or Crml:4mge~ I pemon'e or org~nb'Jlinn'e pmducl~ ar IMVlCN: or e. OrM or ~ pub~cMion of matedM ~hor · perkm'e riDht of IxIvKy. 14. 'Produc~l-compkl~d W · . Induclll MI ~ i~iuW' end 'prope~y occurring Mwy imm ~ you ~w~ or rent and or~ng out of ~our ixoduc~ or 'yDm' work* (1) Pmduc~l thlt ire Mi in yom' p~ porn; or (2J WMtc ~et hN not ym IXNm comlMeted or .bendon~d. Howewr. 'your work' wi be Wed compIMed ~t ~e folo~Mng (a) When MI of Um work cllled for in your contract hm been ~omlMMed. (b) When ii of the work to be done et the Me hll been complied If your contract M for work et more th-n one Job MI. (o} When ~ pet of the work done et a Job Ma hm been put to I1~ Intm~d~d u~e by eny pemon or orgm~on ~hen enDfhM ~mDfmc~x' or Work thet mw need een~e, nmtntenm~ce, othenMl~ ~oml~ete, ,MI be b'elted ii comlMeted. CG 00 01 01 9~, Copyright, Insurlnce Sewlcee Office, Inc., 1 ~94 C.1223 Page.lZ of 13 b. Doe~ not include 'bodily injury' or 'prope~ damage' a~ng out (1) The ~m~m~n of pro~, ~Ju~ or damm~ a~ o~ of a ~n~n in or on a vehi~ not ~u, and ~e con~n w~ creat~ 'loading or unloading' of that v~ ~ any Insure; (2) The ~en=e o~, uni~ed e~ui~t or a~ndoned or un~ m~r~; or {3) Pr~ or eper~ne ~r ~h the ~on, ~ in ~ ~h~ule, ~t~ ~ ~du~ com~ o~ are su~ to 18. 'Pm~ dlm~e' means: a. P~ ~Juw to ~n~e pro~, induing ofu~ ~ ~ ~ to ph~ inju~ ~at ~uaed ~ Dr b. ~ of ~ of ~ngl~e pro~ ~ ~ not ~ ~jur~. ~ such deem~ ~ occu~ at ~e ~me of ~e 'oo¢urrencl' · at ~u~d · 1~. 'Su~ mea~ a ~ ~eding in ~ich dam~ ~ute of '~ ~juw,' '~ ~e,' '~n~ inju~ et 'l~ng inju~ Jniu~n~ I~ ate ~eg~. ~ ~ a~on ~g In ~ich ~ch damag~ are ~ and ~ ~lch you must ~ ~ do · u~ ~ our ~n~ ce~g In ~ luch demag~ are ~m~ and to ~ich ~u s~ ~ our con~nt. t7. 'Temporary worke~" means a ~n who b f~rn~hed to you t= aut~titute tora permanent 'employee' on leave or to me~t sea,Chat or ~hort-terrn woddoad con~tions. 11. 'Your product' me~na: a. Any goods or product~, ~ther manui'actured, ~d, handled, distributed or ~po~d of by:. (1) You; (2) Othem tr~ng uncler your n~ma; or or ~ul~e~ ~m~h~ ~ ~n~n ~ iuch ~ or ~u~ ~our ~d~ indud~: or~d~ur~ b. The ~ng ins~u~ne. o~em ~ not 1~. 'Your ~' ma~ Work or o~ ~e~ ~ ~u or on you~ ~h~ and ~ MaI~ ~ or b. The ~ng of or f~ure ~ ~ ~min~ or ins~u~ns. CG O0 01 01 96 Copyright, Insurance Services Office, Inc., 1994 Page 13 of 13 COMMERCtAL GENERAL LIABilITY CG 22 43 01 96 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION - ENGINEERS, ARCHITECTS OR SURVEYORS PROFESSIONAL LIABILITY This endqrsemsnt modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART The following exolusion is added to paragraph 2., Exclu~dons of COVERAGE A - BODILY INJURY AND PROPERTY DAMAGE LIABILITY (Section I o Coverages) and pamgrpph 2., Exclusions of COVERAGE B - PERSONAL AND ADVERTISING INJURY LIABILITY (Sec'don I - Coverages): This Insurance does not apply to 'bodily Injury,' "property damage,' 'personal Injury" or "aclvertVing injury" mt~ng out of the rendering or failure to render any professional sauces by you or any engineering, architect or sunmyor who is either employed by yoU or performing work on your behalf In such capacity. Professional senecas Include: 1. The preparing, approving or failing to Ixepere or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders, or drawings =,nd epeg=tfic, alJons; end 2. Supewiso~/, inspection, erchitec*tora! or engineering ec~dtJes. CG 22 43 01 96 Copyright, Insura n~.:~ces _.Offi~:e, Inc., 1994 COMMERCL~. GENERAL LIABI'LJT'Y 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 LtABILITY COVERAGE PART The following provision Is added to SECTION Il - (W'no is an insured). 5. Any pemon($) or organization(s) (hereinafter called 'Addi~onel In~ured') with whom you agree In written const~uction contract to name as an insured Is an insured ~dth respect to liab'lity erking out of ongoing operations performed by you or on your behalf on the project specified In the construction contract, including acts or omissJons of the Additional Insured in connection ~ the general aupewision of such operations. This insurance appilns on an excess bark unlm It required by the written contract, agreement or permit that this Insurance ipp~ on a primary bas~. However, the insurance provided to the Additional Insured does not apply to: e. 'Bodily injury," 'property damage,' or 'pemonel injury,' oc~uning after: (1) All work, including materials, parts or equipment furnished in connection with au~h work, on the project (other than ssn~ice, maintenance or repairs) to be parforrned by or on behalf of the Additional Insured at the site of the covered operations he,~ been completed; or (2) That po~on of 'your work' out of which the injury or damage erbe~ has been out to its intended use by any person or organization other than another cont,'actor subcontractor engaged in performing operations for a principal es a part of the same project. b. 'Property damage' to: (1) Property owned, used, or occupied by ur rented to the Addilional Insured: (2) Property in the care, custody, or control of the Additional Insured or over which the Additional insured is for any purpose exercising physical control; or (3) 'Your work' for the Additional Insured. c. *Bodily Injury,' "property damage,' or 'pemonsl 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 (De~nittons): . 'Professional Services' means sewiGes which were or should have been rendered by an amhltect, engineer or land surveyor in the prsclice of their profession, including but not limited to: 1. Preparing, approving or failing to prepare or approve maps, drawings, opinions, reports, surveys, change ordem, designs or spec~ca6ons; or 2. Giving directions or instructions, or failing to give them if that is the primary cause of the injury or damage. PGL 2011 (1/95 Ed.) 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ENDORSEMENT POUCY NO. 829700~13-65-74-4 AP27 GL 01 Page 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ENDORSEMENT POLICY NO. 829700~3-63-7L4 Amondmmn~ o£ Bo~.~.y ~n~u=y AP27 GL 02 Page PREM NO. 0001 0001 0001 0001 0001 0001 OO01 O001 0001 0001 0001 O001 DESIGNATION OF PREMISES SCHEDULE pZNNS~LVANIA M~NUFACTURERS ~ ASSOCIATION ZNSURANCE CC~4~AN~ POLICY NO. 829700..33-63-74-4 n001 (SEE APPROPRIATE POUCY PROVISIONS FOR COVERAGES APPLICABLE) DESIGNATED PREMISES (ADDRESS, GITY~ STATE) OFFICE 1001 SOUTH FRONT STREET STEELTON, PA 17113-3047 0002 SCALE HOUSE 1001 SOUTH FRONT STREET STEELTON, PA 17113-3047 0003 STORAGE 1001 SOUTH FRONT STREET STEELTON, PA 17113-3047 00O4 OIL STORAGE 1001 SOUTH FRONT STREET STEELTON, PA 17113-3047 O00S TIRE STORAGE 1001 SOUTH FRONT STREET STEELTON, PA 17113-3047 0006 0007 REPAIR SHOP 1001 SOUTH FRONT STREET STEELTON, PA 17113-3047 DRY PLANT SCREEN SECONDARY CRUSHER 1001 SOUTH FRONT STREET STEELTON, PA 17113-3047 0008 PRIMARY JAW CRUSHER & STEEL DUMPING STAT 1001 SOUTH FRONT STREET STEELTON, PA 17113-3047 0009 SCREEN BLDG SUBSTATION TRANSFORMERS 1001 SOUTH FRONT STREET STEELTON, PA 17113.3047 0010 SORTING & DISCHARGE BINS 1001 SOUTH FRONT STREET STEELTON, PA 171133047 0011 WASH HOUSE & SAND CLASSIFIER 1001 SOUTH FRONT STREET STEELTON, PA 17113-3047 0012 COMPUTER CONTROL PANEI,S FOR ASPHALT PLAN 1001 SOUTH FRONT STREET STEELTON, PA 17113-3047 OCCUPANCY CPO3 (03 90) ,'~. I ~,'~ PREM NO. 0001 0001 0001 0001 0001 0002 0002 0002 0002 0002 0002 0002 0002 DESIGNATION OF PREMISES SCHEDULE pEHNS]~LVANIA I~%RL~FACTUR~RS~ ASSOCIATION ZNSU~ANC~ CO'PANT POLICY NO. 829700-33-63-74-4 BLDG NO. 0013 (SEE APPROPRIATE POLICY PROVISIONS FOR COVERAGES APPLICA~ILE) DESIGNATED PREMISES (ADDRESS, CITY, STATE) BARBER GREEN ASPHALT PLANT 1001 SOUTH FRONT STREET STEELTON, PA 17113-3047 00t4 BOILER & ASPHALT TANKS 1001 SOUTH FRONT STREET STEELTON, PA 17113'3047 ' 0015 GREEN LAB TRAILER 1001 SOUTH FRONT STREET STEELTON, PA 17113-3047 0016 YELLOW BLDG 1001SOUTHFRONTSTREET STEELTON, PA17113-3047 0017 BOX TRAILER INCL GENERATOR 1001 SOUTH FRONT STREET STEELTON, PA 17113-3047 0001 MAIN OFFICE 205 CREEK ROAD CAMP HILL, PA 17011-7417 0002 ADDITION TO MAIN OFFICE 205 CREEK ROAD CAMP HILL, PA 1701t-74t 7 0003 SERVICE PIT 205 CREEK ROAD CAMP HILL PA 17011-7'417 0004 MAIN STONE HOUSE 205 CREEK ROAD CAMP HILL, PA 17011-7417 0005 LUNCH ROOM & STORAGE 205 CREEK ROAD CAMP HILL, PA 1701 t-7417 0006 STORAGE/RECORD VAULT 205 CREEK ROAD CAMP HILL, PA 17011-7417 0007 STORAGE & DUST COLLECTION SYSTEM 205 CREEK ROAD CAMP HILL PA 17011-7'417 0008 METAL CLAD SCREEN PLANT 205 CREEK ROAD OCCUPANCY CPO3 (03 PREM NO. 0002 0002 0002 OOO2 0002 0002 0002 0002 0002 0002 0002 0002 DESIGNATION OF PREMISES SCHEDULE PENNS~LVANZA MA~UFACTURERS' A~SOCIATZON INSURANCE POLICY NO. 029700-33-63-74..4 BLDG (SEE APPROPRIATE POLICY PROVISIONS FOR COVERAGES APPLICABLE) DESIGNATED PREMISES (ADDRESS, CITY, STATE) CAMP HILL, PA 17011-7417 0009 TERTIARY CRUSHER 205 CREEK ROAD CAMP HILL, PA 17011-7417 0010 SECONDARY PLANT 205 CREEK ROAD CAMP HILL PA 17011-7417 0011 TRANSFORMER 205 CREEK ROAD CAMP HILL, PA 17011-741 ? 0012 PORTABLE CRUSHER 20S CREEK ROAD CAMP HILL PA 17011-7417 0013 METAL STORAGE BLOC 205 CREEK ROAD CAMP HILL PA 17011-7417 0014 CIRCULAR ASPHALT PLANT CENTRAL & OFFICE 205 CREEK ROAD ~ CAMP HILL, PA 17011-7417 0015 LAB TRLR 205 CREEK ROAD CAM P HILL, PA 17011-74t 7 0016 STORAGE 205 CREEK ROAD CAMP HILL, PA 17011-7417 0017 FRAME GARAGE 205 CREEK ROAD CAM P HILL, PA 17011-7417 0010 ASPHALT PLANT 205 CREEK ROAD CAMP HILL, PA 17011-7417 0019 ASPHALT PLANT #4 205 CREEK ROAD CAMP HILL, PA 17011-7417 0020 ASPHALT TANKS 205 CREEK ROAD CAMP HILL, PA 17011-7417 OCCUPANCY CPD3 I03 90) ~'"'iN* DESIGNATION OF PREMISES SCHEDULE PREM NO. 0002 0002 0003 0003 0003 0003 0003 0O03 0003 0003 0004 0004 0004 POLICY NO. 029700-33-.63-74,.4 BI.DO 0021 (SEE APPROP~rATE POLICY P~,OVI$ IGN$ FOR COVERAGES APPLICABLE) DESIGNATED PREMISES (ADDRE~=S, CITY, STATE) CHAIN UNK FENCE 205 CREEK ROAD CAMP HILL, PA 17011-7417 0022 0001 208 CREEI~ ROAD CAMP HILL, PA 17011-7417 DISPATCH HOUSE 1300 HUMMEL AVENUE LEMOYNE PA 17043-1745 0002 REBAR STORAGE 1300 HUMMEL AVENUE LEMOYNE PA 17043-1745 0003 AUXILIARY SHOP 1300 HUMMEL AVENUE LEMOYNE, PA 17043-1745 0004 REPAIR SHOP 1300 HUMMEL AVENUE LEMOYNE PA 17043-1748 O00S MIX PLANT 1300 HUMMEL AVENUE LEMOYNE PA 17043-1745 O00G CEMENT STORAGE 1300 HUMMEL AVENUE LEMOYNE PA 17043-1745 0007 MIX BUILDING 1300 HUMMEL AVENUE LEMOYNE, PA 17043-1748 0008 STORAGE BLDG - BULL PENS 1300 HUMMEL AVENUE LEMOYNE, PA 17043-1745 0001 POND PUMP ROUTE 34 MOUNT HOLLY SPRINGS, PA 17065-9999 0002 OFFICE & SCALE HOUSE ROUTE 34 MOUNT HOLLY SPRINGS, PA 17065-9999 0003 SHOP BLDG ROUTE 34 MOUNT HOLLY SPRINGS, PA 17065-9999 CPD3 (03 PREM NC). 0004 00O4 OOO4 OOOS O00S 0005 O00S O00S 0005 O00S 0005 DESIGNATION OF PREMISES SCHEDULE PEI~I~S]~LVANIA MANL~FACTL~,ER~, A~SOCZATZON INSU~J~N~E CC~PA~f POUCY NO. 829700-33-G3-74-4 BLDG NO. OOO4 O00S 0006 0001 0002 0003 0004 0005 0O06 0007 0008 (SEE APPROP~JATE POLICY ~OVISK~NS FOR COVERAGES APflt. ICAB~.E) DES)QNATED PREMISES (ADDRESS, CITY, STATE) WASH PLANT ROUTE 34 MOUNT HOLLY SPRINGS, PA 17065-0099 STORAGE BLDG ROUTE 34 MOUNT HOLLY SPRINGS, PA 17065-9999 SWITCH HOUSE ROUTE 34 MOUNT HOLLY SPRINGS, PA 170GS-9909 ,JAW CRUSHER LOCUST POINT QUARRY LOCUST POINT ROAD SILVER SPRING TS, PA 17575-9999 ASPHALT PLANT LOCUST POINT QUARRY LOCUST POINT ROAD SILVER SPRING TS, PA 17575-9999 SHOP BLDG LOCUST POINT QUARRY LOCUST POINT ROAD SILVER SPRING TS, PA 17575-9999 SCALE HOUSE LOCUST POINT QUARRY LOCUST POINT ROAD SILVER SPRING TS, PA 17575-9990 ASPHALT PLANT CONTROL TRLR LOCUST POINT QUARRY LOCUST POINT ROAD SILVER SPRING TS, PA 17S75-9999 OFF TRAILER/LAB LOCUST POINT QUARRY LOCUST POINT ROAD SILVER SPRING TS, PA 17575-9999 STORAGE/OFFICE TRAIt_ER LOCUST POINT QUARRY LOCUST POINT ROAD SILVER SPRING TS, PA 17575-9990 PORTABLE CONCRETE PLANT LOCUST POINT QUARRY C~GUPANGY CPD3 (03 9O) P~M O00S 0005 O0O6 0007 OOOO 0009 0010 0011 0012 OO?3 0014 0015 0016 DESIGNATION OF PREMISES SCHEDULE PENNS]~LVAN~A M~/~/FACTUR~B' ASSOCLATION INSURANCE CC~PA~y POliCY NO. $29700-33-63-74-.4 0009 0010 0001 0001 (SEE APPROPRIATE POLICY PROVISIONS FO~ COVERAGES APPUCAB~E) OESK}NATED PREMISES lA--ESS, CITY, STATE) LOCUST POINT ROAD SILVER SPRING TS, PA 17576-9999 UQUID ASPHALT STORAGE TANKS LOCUST POINT QUARRY LOCUST POINT ROAD SILVER SPRING TS. PA 175/'5-9999 STORAGE GARAGE LOCUST POINT QUARRY LOCUST POINT ROAD SILVER SPRING TS. PA 175/'5-9999 STORAGE UMEKILN & SPANGLERS MILL ROAD FAIRVIEW TS YORK, PA 170/'0-9990 AIRPLANE HANGER CAPITAL CITY AIRPORT NEW CUMBERLAND, PA 17070-9909 HOLLYHURST TRAINING CENTER LION ROAD & LADNOR LANE , MOUNT HOLLY SPRINGS, PA 17065-999.9 HANGER GROUP C IN HANGER 4 AREA CAPITAL CITY AIRPORT NEW CUMBERLAND. PA 17070-9999 HERTZLER FARM LOWER ALLEN TS, PA 1701 t-9999 OYSTER FARM FAIRV1EW TS YORK. PA 170/'0-9999 HARBOLD FARM FAIRVIEW TS YORK, PA 17070-0999 DILLER FARM FAIRVIEW TS YORK; PA 17070-9999 BURCH FARM #2 FAIRVIEW TS YORK, PA BURCH FARM #4 FAIRVIEW TS YORK, PA 17070-9999 SPRINGERS LANE ROUTE 11 & 15 O~CUPANCY CPO3 (03 gO) 'C ','.~'~ PREM NO. 0017 0018 0019 0020 0021 0022 0023 0024 0025 0026 0027 0028 0029 0030 0031 DESIGNATION OF PREMISES SCHEDULE POLICY NO. 829700-33-63-74-4 BI.O~ (SEE APPROPRIATE POLICY PROVISIONS FOR COVERAGES APPLICABLE) DESIGNATED PREMISES (ADDRESS, CITY, STATE) NEW CUMBERLAND, PA 17070-9999 8PRANGLERS MILL ROAD LOWER ALLEN TS, PA 17011-9999 DICKENSON TS TOLAND, PA 17324-9999 18TH & HUMMEL AVENUE LOWER ALLEN TS, PA 17011-9999 MIDDLESSEX TWP. CARUSLE, PA 17013-9999 YORK COUNTY, ALONG TURNPIKE NEW CUMBERLAND, PA 17070-9999 25 NORTH ENOLA ROAD ENOLA, PA 17025-9999 NEAR PA TURNPIKE SILVER SPRING TS, PA 17575-9999 LR767 SUSQUEHANNA RIVER LEMOYNE, PA 17043 STEELTON QUARRY ROAD OLD 283 SWATARA TS DAUPHIN. PA 17057-9999 SPANGLERS MILL & LIMEKILN ROADS FAJRVIEW TS YORK, PA 17070 VALLEY LAND CORP. EAST PENNSBORO TS, PA 17025-9999 MACUNGIE TWP ALLENTOWN, PA DICKENSON 'i'WP TOLAND, PA 17324 MORRISON FARM RT 34 MOUNT HOLLY SPRINGS, PA 17065 WAGGONERS GAP ROAD PERRY COUNTY, PA OCCUPANCY CPD3 (03 9o) ENDORSEMENT SCHEDULE POUCY NUMBER: 829700.33-63-74-4 INTERLINE FORMS CPDIS (03 CPD-1G (03 CG 00 01 01 98 CG 22 43 01 88 OL$2 (11~17) P?011 (O4 I1) PGI. 20 11 01 96 AP27 GL 01 AP2? Gl. 02 AP27 Gl. 03 CG2412 (1~86! CP2416 PG/3070 PROPER~ FORMS GENERAt. UABIUTY FORMS CPD7 (03 10) CM 0O 01 06 P1M 00 3S DEC 01 06 INLANO MARINE FORMS P9998 Page 1 of 2 ENDORSEMENT SCHEDULE POUCY NUMBER: 82B?00.33-63-74-4 Contractors Equipment Gov~ag4 Form Weight of ~ Extens*on N~e 10 P~yhol~s (~M~30) E~lr~lc D~ ~ ~r~e F~ ~ss Piyl~ Pr~: ContrKims E~I~ ~d~lo~l ~ P~: ~o~e~ and ~ach~ner~ (~ee page 3 of ~he Botler and Machinery g~laratlon~ PaEe) Pgg98 Page 2 of 2 ENDORSEMENT POUCY NO. ADDITIONAL NAMED INSURED(S) ENDORSEMENT SILVER SPRINGS CONSTRUCTION CO, V~-LEY LAND CORPOPJ~TION 829700~3-G3-74-4 P053~ ([}1 85} Page I of I 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 POUCY NUMBER: 829700.33-63-74-4 EFFECTIVE DATE: 0:V0111997 SCHEDULE* EXTENSIONS PROPERTY: Newly Acquired or Constructed Property - Build,rigs BusJness Personal P¢oben'y Recharge of Fire Protection Equipment A~on Reward Electronic Date Processing Equipment and Media Extra Expense Builders' Risk and Installation Floater GENERAL LIABIUTY: Property Damage Liability in Your Care, Custody or Conb, bl Medical Pa~yment~ Aggregate Umits o! Insurance Liabifty for Damage Caused by Fire. Explo~on, Smoke. uMrr OF INSUI~JtNC!= Up tO $~,000,000 t~ to $ ' 500,000 ZHC~'UDZD $ 20,000 Bee £OZl.~q0030D~C 25,000 $ 50,000 5,000 20,000 Lightning and Water Damage Legal Uebility IlqCL~J~zD Broadened Coverage for Watercraft You Do Not Ow~ ~ t.o SO £eat The following ExtenSions are included on a combined Blanket Limit of Insurance bas~s, unless otherwise specified. (x) BLANKET LIMIT OF INSURANCE OR Individual Sublimtt Basis Applicable 250,000 Ps,sonar Effects and Property o! Others Prope~/Off-Premises Outdoor Property Employee Tools Unscheduled Fine Art~ Accounts Receivable Valuable Papers and Records - Cost of Research Back-Up of Sewers and Drains S~o fo~L"m F~,SOO35DEC Information required to complete this SCHEDULE. if not shown on this endorsement, witl be shown In the Declarations. The above Extensions may be sub)act to Special Deductibles or other coverage limitations. Pleats read the entire endorsement for complete explanation of the coverages. PI=/: 02 35 (10~4 Ecl.) ;Cl~i Page t of 9 The follO~q~g changes apply to the Building and Peraonel Property Cover~le Furm as specified. COVERAGE 1. Paragraph 1. ". (3) ia deleted in its entirety and repiaced with the following: (3) Outdoor Fixtures, including but i~ not ~imited to: (a) Fef~ces, paved surfaces; (b) Out,ldo lighting frxturas; or (c) Signs. 2. The following Covered Property ere added to paragraph 'l.a Building: (2) (d) Founds'dons. (4) (e) AJerm. communication and monitoring ayetorns; and Lawn maintenance or snow removal equipment not attached to an auto. The riot paragraph of item b. Your Business Porr, onal Property il deleted in it~ entirety and replaced with the lolOWmg: Your Bu~lnaes Pemonal Property located in or on the bul~ng described in the Deciaro~ona, in the open, or in · vehicle within 1,000 toot of the described premaies, consisting or the folowing unies~ othewvise specified in the Dectarations or on tho Your Businees Pemonai PropaAy - Separation of Coverage form: 4. Subparagrlph$ f., g., and m. of 2. Property Not Covered ore dele<ed in their entirety. 5. Section A. 4. AddWonal Coverages Subparogroph (2) of Item b. Pm~ervatloa of Prope~/is deleted in ~ entirety and replaced by the following: (2) Only if the I~ or damage occum within 30 dayl affar the prope~o/is f~t moved. The riot paragraph of item c. Fire Department Servloe Charge t~ deleted in ~ entirety and rep4aced with the follOW~ng: When the fire department ii coted to save or protect Covered Property from a PPF 02 35 (t0/°~ Ed.) Covered Cause of Loss, we will pay up to $5,000 for your lia~ for fire department ~er~ce charges. c. The last paragraph ~f item d. Pollutant Clean Up and Removal is deleted in its enl~roty and replaced by the folowing: Tho mo~t we w~l pay undo' this Additional Coverage for each described premtmm is $25,000 for the sum of al covered expen~as ,,ri~ng out of Covered Ceu~es of Loll ooourdng dudng each le1~rate 12 month period d. The folowing item o. is added to this Sec'don: o. Proof of Lo~a Preparation Coverage Wew~l pay up to $1,0g0 tr) cevar the coat of condu~g an Inventop/ ipprahml, adjus'tment and I~'eperol~on of Iow information in connac~tor~ with any Ioes covered under th~ pol~. We MI not pay for the ~ar~lca~ of a pubic adjuster. Paragraph ~r. Coverage Ex~nalo~e II deleted in its enliraty and replaced by the following: 5. Coverage Extan$1ono Excop~ as ofharwl~e provided, the following Extonaiorm Ipp~y if l Coinsurance percentage of ~0% or more il sh~m In the Proparty Dectaralions to proporty located in or on the building dasodbed In the Dec, aragon,,, ~ the open. or in a vehicle within 1,000 feet of the desoribed premis, e~ a. Newly A~qulrod or Conab'ucted Property (1) You mlyextandtha in~uronce that eppaas tu Building tu apply to: (a) Your new bulldingswhile being trait un the described praml~e~; (b) Buil~ng~ you acquire at k~cl'don~, other than the dM, cdbed p~emi~e~, intended foc (I) Similar roe u the building described in the Declaraflont; or (il) Uae as a Warehouse. Plgl 2 of 9 (2) The moat we wfl pay for Ice~ or damage under this E~ension is 25% of the Limit of Insurance for Building shown in the D~arebons, but not more than $1,DDO,O00 at each building. (2) You may extend the insurance that ap~ea to your Businece Pemonsi Property to apl:W to that pmpen'y et any Inca§on you acquire other than at fairs or exhibitJone. The most we will pay for Ices or damage under this Extension is 25% of the Limit or Insurance for Your Bu~in~ Personsi Properly shown in the DecJerationa, but not more than $500,000 ~t each building. (3) each nevdy acquired or constructed property will end when any of the folowing first occurs: (a) Thkpoli,~/ex~re~; (b) 180 dR expire attm'you acquire or begin to consb'uct the properly;, or (c) You repor~ values to us. Wa wil charge you add~onal premium for vatue~ ropoAed from the date construction bocce or you acquire the property. Personal Effect, and Property ar Others You may extend the insurance that epplie~ to Your Business Pemonel Property to apply to: (1) Personal effects owned by you, your officers, your parlners or your emplayae~. This extension doe~ not apply to ~ Dr damage by the~ Personal Property of others in your care, custody or control. The mo~t we ~il pay fo~ IDa or damage under extension b. is dcecribed in the SCHEDULE of this endorsement, subject tn a eublimit of $2,500 for any one person's Ices in any one occurrence. Our payment for Ices or damage to personal property of others wil only be to the extent of the armor's financial interest of' the property. The COINSURANCE Additional Condition does nat app/~y to Pemonal Effect~ end Property of Othem, A Speci,,~ D.ducUble of $2.50 per occurrence applie~ to this extecmon. o. Property Off-Premises You mW external the irmumnoe provided by ~is Exten~on to apply to your Covered Properly m(duding mon~y, eecUllbee or 0thM nego'~ble inelTument~, while th~ property is ew~y from your pmmMeB described in the Properly Daclermiiona, in tTanMt or atherwile. The racet we ~ pay under extension c. is de.bed in the SCHEDULE of this endamemenL. The COINSURANCE AddilJonat Condition doe~ not apply to Property Off-Promisel. A Special Deductible of $250 per occurrence eppkm to thi exton~on. d. Outdoor Property You may extend the irmurence prm~ded by this Coverage Feat to apply to your ~e~, ~m~. and ~ (~r ~ln "s~ck" ~ treN, ahm~, or ~n~), Including deb~ rmo~ ~, ce~ ~ or f~u~ng ~m any of the foiling ~ ~ I~ (1) Fire; (2) Ughtning; (3) Explosion; (4) RiotofClvJlCommofJon; ar (5) AJrcrofL The most we wi Pay for k~ or damage under extension d. is described In the SCHEDULE of thb. ecdorecmant The COINSURANCE Additional Condition does. not apply to Outdoor Property. A Special Deduc'6ble of $250 per occurrence applies to this extension. PPF 02 35 (t0~94 Ed.) ~i~,~ Page 3 of g e. Employee Tools You may extend the insurance that apMes to Your Business Personal Property to apply to emptoyee tools white in your care. custody and control. The most We v~ll pay for loss or damage undM thio Extension le dncrWed in the SCHEDULE of this endorsement. aubject to · aublimit of $2.500 for any one perion'e loss in any one occurrence. Our payment tar Io~$ of or damage to toob o! employess will only be to the e:~tent of the financial interest of the owner of the property. The COINSURANCE Add~onat Condi~on does not apI~Y to Employee Toots. A Special DeducUble of $250 per occunence applies to Lhis exten~On. f. Unachedutod Fine Arts The insurance that applies to Your Btmineas Pemonel Property is extended to i1~ to objecta of Irt. mt gleam w~dowIk antique or period furniture. end other Items that have al~lic merit. antique value or historical worth owned byyou or in your care. custody or conboL We will not cover auch property if held for raM. nor for IDes or damage cauled by repair, restoration or rofouching. If toss or damage occurs, we wilt pay the appraised va~ue. If you do not have an appraisal, wa will pay your cost at the t~me of purchase. The most we wilf pay under extensk)n f. i~ desc~bed in the SCHEDULE of this endorsement.. The COINSURANCE AddWonal Condilion does not al~' to Fine Arts. A Special Dedu~ble of $250 per ocourrence aplMies to tl~ exteneloo. g. A~ooun~ Receivable (1) We wil pay the following that renult from Covered Cauaes of Les~ to your r~rds of a~oun~ (ece~m~e lo,ted ~ the d~ premm sh~ in ~e D~lara~ns: (2) ($) (4) AJ) amount~ customers owe you but you are unal:de to (b) lntecest charges oh any loan required to of~at amounts you are unable to collect pending our payment of these amounts; (c) Collection expenssl in exee~l of your normal co~-"ao n m(panses that ara made necas~ar~ by ;~,; and (d) Other reasonable expenses that you incur to re-~tablish your records of acoount~ Coverage does not aplMy to reccrdl of accounts rec~vabll in atorege away from the desodbed pramlei shown in the Declarations. if you give us written noUcc within 10 day~ of removal of your recordal of acoounta recalvebla because of imminent donge~ of le~ or damage, resulm ham I Covered Cause of La whle they are: (a) At a rode p~ace tsmpemriy away from your premium; or (b) Being token to and returned from that IdaCe. Thi~ removal extortion to the Accounts Receivable Extenmon ks included within the limit of Insurance ppfdicable to AcCOunts Receivable Coverage ~t the described premises from which the ~'~ol'cle of icoounts receivebla ira removed. Whe~vor you are not open for busine~% e~d except whk you ire ectuMy uelng the records, you must Mp MI recor~ of lC~OUOtl reclvelda tn f~y endoled metal recept~Ml~ at the de~.dbed' premlan ~hown in the Declare§Dna. (5) Additional F. xcluetons We will not pay for Imm or damage caused by or resulling from any of the fMowing: PPF 02 35 (1~94 Ed.) Page 4 0f 9 (e) AJteration, fels~catiun, concealment or dest~Jcton of records of accounts reCeivable done to concea~ the wTongfu[ giving, taking or withholding of money, eecurtties or other property. (b) Eiookkeep~ng, eccounling or biffing ermm or omissiona. The mom we will pay under ex~encK)n g. is described in the SCHEDULE of this endomement. The COINSURANCE Addit~onel Condi'don does not epp(y to Accounts Receivable. A Spec~si Oeductble of $250 per occurrence epl~e~ to this extonalon. "Valuable Papers and Recorda'* - Coat of Research You may extend ~e ineuronce that aplMlet to Your Bu~ness Personal Property to apply to your cest~ to rmimh, replece or restore the lost information on Io~t m damaged "vsiue~e I~pers and reoordl." including thee· which eJd~t on eJectronic or magnetic "media," for which du~icates do not exist. The meet we will pay under extension h. i~ described in the SCHEDULE of th~ endomement.. The COINSURANCE Additior~si Condi~on does not apply to "Valuable Papers and Records." A Spec~si Deductible o! $250 per occurrence aplflies to this extension. Reoherge of Fire Pmtoctlon Equipment We vii pay expente, you incur to recharge automatic ~re protecttion equipment. No deductible vi'4 apply when euch equipment is diecherged: (1) To§ghtaflre; or (2) As the result el' e Covered Cause el' Loss. However. we w~l not pay for rechargU~g co~m if me discharge occurred a~ I resu~ of te~ng of the ext~gumh~- or ~y~tem. J. Arson Reward We wet reimbume you for an anon reward that you gwe to aomeone ~o ~ou~ In~on ~ le~ to the canon o~ · ~n or ~mons for e~n ~ ~e d~H~d pmm~N In ~e D~mEoM ~ r~ ~ our ~g a ~ in ~ ~ $50.~ un~r ~b ~i~. The mo~t we wil ply unde~ extension j. b deecrtt)ed in tho SCHEDULE of thio endomemenL No ~eductbll nppkl to thb Extension. lc Back-Up of Sewere and Drains We will pay for lose o~ damage to Covered Properly at described premise~ caused by or resulting from a prev~u~y non-exJettng body of Water that backs up from a sewer or drain. Exc~on B.l.g.(3) otthe Ceuee~ Df Leer - Sperm Form, I~ appacab4e, duet not apply to this Extmmlo~. The moat we vii pay under extortion k. ii deecHbad in Ihe SCHEDULE of this endorsemeot.. The COINSURANCE AclGrdion si Condition don not uppty to Bec. k-up et Sewers or DrMrm. Elecbonlc "Data" Pro,es·lng Equipment and "Media" We viii pay for direct physicM Ioe~ or damage to elecbonl~ 'data" proceesing equipment and "media" .. · refelt of · Covered Cause of Lot4, (1) We do not cover any Df the renewing: (a) 'Dots" or"media" for'which du~catal do not ~ (b) Computem or"mec~·" rented to otherl whJe Iway from the described premine~. PPF 02 35 (10~94 Ed.) [.~,-T~ Page 5 Of 9 (2) Th e fo~ow~ng additJona~ Ex~uaion apply: (a) Errors in systems programming; or (b) Errors in instruction to a machine. (3) Equipment will be valued at the lesco~ of. (a) The octuai ccat to repair or replace the equipment to odginal condition; (b) The actual co~t to replaca the property with similar property capable or ps,arming the same fun~on. The mo~t we MI cover lot computer equipment, word proce~Jng equipment, 'data' "media.' end programs ia described in the SCHEDULE of t~is endoniement. The COINSURANCE Addiliocal Con~r~on doeB not aPPN to Electronic 'Data' Processing Equipment and A Species Deductible of $250 per occurrence applies to this extension. m. Extra Expenle Coverage We ~ e~te~cl coverage provided for Covered Prope~y to cover the actual and necessa~ extra expense to continue operations at the deathbed premise~ or at s replacement premises because of direct ph~cal loss of ar damage by s Covered Cause of Loss to Covered Property at the i~emi~es described In the Daciaralioca. Ext~ Expense means nece~A~y expenm you incur to conilnue normal ol:~'alioca et · tompore~/location or with sub~uts equipment, du~ng tho pedod of lime beginning off the date of the covered direct phyaicai k~ end an~ieg on the date when the propM'~y · h0uld be repaired or reldaced, '~4th realonlbla diligence to similar quality es before the les~, that you would not hove incurred hsd there been no direct physical ~ or damage to Covered Property. The most we wi~ pay under this exten~on is described in the SCHEDULE of this endor~emenL. The COINSURANCE Addi~onol Concretion does not apply to Extra Expense. Bulldero' Risk and Installation Floater You may extend tho assurance that al:~ie~ to Your Buainm Pamonal Prope~y to apply to mated·is, equipment, machinery and fKture~ that are owned by you, or for which you are legal,/liable, that ·re to be installed by you or at your direction while the (1) at any one construction promiser; (2) in tran~t~ or, (3) at a temporaP/~3rage location. You may ~ extend th., insurenca provided under this Ex~Jn~Jon to include the building under con~TUC~k)n, scaffolding, cormthJc~on forms and tempora~/atmctures, but only while ~ · specific job or project I~. However, we wi not cove. (1) propeCy ~tomd ~t s permanent w~rehou~e or atonige y~'d that you OWTi, unMM the prope~y kl · specific job or project.be cowed by this PxtenMon; (2) Mans, I~uepr~t% design or s pecifv:.aflon,,; or, (3) lreel, grm, sod, shrubbery or I~nto. The most we v4 pay for k~ or damage undM tt6~ Ex~en~on ii dmcflbed in the SCHEDULE of this endemement.. The COINSURANCE Ad(:ilionat Concllmn don hot Ipflly tO R'mk end t~n ~ ~n~on. B. INSURANCE UNDER TWO or MORE COVERAGES The tolowlflg is added to perigraph C. Inouronce Under Tvs or Moro Coverages of tho Commerolal Property Conditions: PPF 02 35 (10/94 Ed.) C.'223 If a Coverage Form is aflached to mis policy that provides coverage for ~ny of the E~en~ons ~ ~ ~m~C the lim~ sh~ in ~e ~ch~ule end ~e coverage ~ ~ thi~ endemement ~et~ and on~e im~ and covera~ pm~d · e C~erage Form ~uld ~ avmlable to ~u. C. LIMITS OF INSURANCE The following changes ere made to SECTION C. LIMITS OF INSURANCE: 1. The second paragraph regarding outdoor aigne i~ deleted in i'~ entirety. 2. The toBowthg paragraph ir, added to the bottom of th;- aachen: If applicable, the B~,nkM Limit of Insurance that epplie~ to Extonslona b., c.. d., e., L, g. h. and k. is the most we ~ pae for the lure of' alt covered Iosse~ or damages during each esparately consenulNe annual pertod and to any remaining pa/tod of lem~ than 12 monthe, sta~ng with the beginning of the policy period shown in the Declare§one, unlese the policy penod is extended after i..uanco for any addrdonal period of les~ then 12 monthe. In that casa, the edditionel pedod wil be deemed pert of the ~ preceding pehod for puqx~es of determining ',he I~mlts of Ineurance. D. DEDUCTIBLE The following paragraphs ere added to Section D. Dedu=tlble of the Building end Personal Property Coverage Form: If more then one coverage epplie~ to losses resulting from any one occurrence, we will aubb'ect the deductible amount only once Also, K more than one deductible applies, we we subtract the largest applicable deductible. The terms of this DEDUCTIBLE pro~on do not apply to any Eart~ Movement end Volcanic Eruption Deductible, Finod Deduclible, or Windstorm or Hall Deductible that mae be Wovided elsewhere in this policy. 3. Other epa<del deductibles may be in the policy for epecific coverages. E. ADDmONAL CONDITIONS The last paragraph of item 1. Coinsurance is deleted and replaced with the following: We will pay the amount determined in step (4) or the limit of insurance, whichever I~ lees. However, the coinsurance will not apply to ~ which are les~ than $25,000. If the Ioes exceeds our paymenL you will either have to rely on other insurance or al:w, orb the ~ youratqf. F. ADDITIONAL DEFINITIONS The following aoq:~q'donai definitions ere added to Section H. Definitions: "Datl' re#ns facts, progmme, concepts, cocl~ or inltruc'ions converted to I I'orm Ulabla in your computer operattonl for your I:~nMI ic~rik4 at the deecflbed premise/, Jn the Dectera§ons. "Data" don not inchJde "media.' "Media" is the tangible material on which 'data" is recorded, such a~ magnetic tapes, disk pecks, drum~, paper tlpe~ and clrdl. This doe~ not include the 'data" etmed on the "media.' "VaJuelde pepera ~nd recorde" means documents, manu~c~ots or records, including ab~ecto, books, desdl, dravdng, fllm~, maps, mortgages or"data." But "v. luable papara end records" dDes not mean money, accuses or negatmbia In~'ume~ts. G. CAUSES OF LOSS REV~ION The following also applies to your policy. 1. The/olowing applies to the Clutel of Lo~ - Ba~c Form end the Ceuees of Lo~ - Broad Form. Provision 8.a. o! A. COVERED CAUSES OF LOSS doe~ not apply with respect to glat~ (including frame), that is pert of a bulding. 2. The foaowing applies to the Causes of Lo~ - Special Form. Provision 2. of C. LIMITATIONS doea not apply to glass (including hame) that is part o! · building. The following changes apply to the Commemlal General Liability Coverage Form es specified. A. PROPERTY DAMAGE LIABILITY IN YOUR CARE. CUSTODY OR CONTROL The insurance for "property damage" lis bilRy is changed to the following: PPF 02 35 (10/94 Ed) (CI r~3 Page 7 of 9 · We w~fl extend coverage for person~ property' of otha~ in ),our care, custo~ or control. This extension of cover~e is excess over any valid and c~leo'~ble ~;~'operty ~$urance (inciuding any ~du~l) ~lb~e ~ you. Th~ i~ln~n Ip~i~ On~ ~ ~e N~m~ Inlured Kh~u~d In the D~lrebo~. Coverage ~ not e~endsd to any ~d~onal In~r~ made a pa~ of ~ ~li~. The mo~t we ~ ~y under this extension is described In the SCHEDULE of this endorsement. B. MEDICAL PAYMENI'S UMIT COVERAGE C. MEDICAL PAYMENTS Limit of Insurance ia repiloed by · new Medical Payments lime of Insurance, which ia subject to al~ of the terms of LIMIT OF INSURANCE (SECTION III). The new Me<~cM P~ents Umlt i~ described in the SCHEDULE of this endorsement. Thi~ pmvi~l~n do~ not app~ if COVERAGE C. MEDICAL PAYMENTS is excluded either by the ~ovislona of the COVERAGE FORM or by endomement. C. AMENDMENT- AGGREGATE LIMITS OF INSURANCE (Per Project) The Gen~ Aggr~ete limit under LIMITS OF INSURANCE (SEC'lION III) epl:)lias separately to each of ~ur pl'oj~ ~ from premise~ owned by or rented to ~u. D. LIABILfl'Y FOR DAMAGE CAUSED BY FIRE, "EXPLOSION,' SMOKE, UGHTNING, AND "WATER DAMAGE"' LEGAL L~BILITY. The Last ~ragreph of Exclusions of COVERAGE A (SECTION I) · d,-;Med and re~eced aa follows: ExcluNona c. through n. do not spplyto damage by: (1) fire; (2) (3) smoke er smudge reau~ng from the sudden and f~uity operation of s heating or cooking unit that had · smoke pipe leading to a chimney or the outside o[ the building; (4) lighting; or (5) '~vater damage" to premise~ rent~ to you. The f~lowing ~,:f~nal exclusions sp~ sa reape~.'~s coverage for "property damage" from "explosion": There is no co~erage ~'or "property damage' caused by an "oxygen" reau~ng from iny of the following: (~) arl~ficial~ ge~erat~ ,,~ectrc~ current, including electric ircing, ~at ~turb~ Mectrical der(cea, mm:)~4~anc~ or w~re6: (2) "expio~on" of steam bdil~, steam ~pas, steam engines or steam turblnse owned or I~ed by.u, or operated under~ur (3) mechanical breakdown, including rupture or bursting ceased by centrifugal force. But if leu or damage by fire ar water rse~ from any of the above, we will ~ for ~ resulting damage' to the e~ent oth~a prided under IS'ii A sepat~e emit ~ insurance apFioa to th'm ~rege as described in LIMITS OF INSURAJ~ICE (SECTION III). This provision dose not apply if Fire Dosage L~-~ Ual=i~ of COVERAGE A (~on I) ~ excluded · ~ther by the Provisions of the Coverage Pad or by endoresmenL BROADENED COVERAGE FOR WATERCRAFT YOU DO NOT OWN Paragraph g, (2)ia) of SECTION I COVERAGE ITEM 2 Exdullonl, is dMM~ and repMm as follow~: · gl(2Xa) Im thin 51 f~ long; end This ps.alan 8~iea to any person, who Mh your consent, either uses or is responsible for the use of a watercralt. This insurance is excess over any other v~d and coWoctible insurance available to the Inlu r~,~l v/nether primary, excess or contingent. F. SUPPLEMENTARY PAYMENTS Under SUPPLEMENT~Y PAYMENT~ COVER~a~GES A end B, paragrepha 2 and 4 are del~ed end replaced as fotlowl: 2. Tho colt of bol bonds required because oi; accidents or b~ I~w vfolltiOnl erasing out of the use of any vehicle to which the"Bodily Injury" tjabl~.'y Coverage apples. Wade not hereto furnish theae bonds. PPF 02 ~ (1 ~ Ed.) C- ~ 22:) P~ge · of 9 Al reasonable expenses incurred by the insured st our reqL~eat to asset us in the invest~ga~cn or defense of the claim or "suit." including actual loss o! earnings up to $250 a dm/because of time off from work. G. NOTICE OF"OCCURRENCE" Under SECTION IV-COMMERCiAL GENERAL LIABILITY CONDITIONS, ITEM 2--DUTIES IN THE EVENT OF "OCCURRENCE" Cl..NM OR "SUIT," paragraph F. is added as follow~: Your dghts afforded under this policy shall not be prejudiced if you fail to give us notice of an "occurrence" or claim, solely due to your l'easanable and documented belief that the "bodily inj u~/' or 'property damage" is not covered under thil policy. H. KNOWLEDGE OF"OCCURRENCE" Under SECTION IV-COMMERCIAL GENERAL LIABILITY CONDITIONS, ITEM 2 DUTIES iN THE EVENT OF "OCCURRENCE." CLAIM OR "SUIT," paragraph E. is added as follow,s: Notice of an "occurrence', c~aim, or 'eu~" vv~ be con~dered knowledge of the insured if reported to an individual named insured, partner, "execu~ve off*car" or an "employee" designated by you to give us such notice. I. ACCIDENTAL CLERICAL MISTAKES Under SECTION IV-COMMERCIAL GENERAL LIABILITY CONDITIONS, ITEM 6- REPRESENTATIONS. the following wording is added: Your failure to disclose all hazards ex. brig as of the inception date of the policy shall not in itself prejudice the coverage otherVWse afforded by th~S policy, provided such failure to disclose ell hazards is not intenliona~. J, LIBERALtZ.ATION If we adopt · change in our forms or ru~es that would broaden the coverage of thi~ p01cy without extra charge, the broader coverage vv~ apply te this policy. It will apply when the change becomes effective in your state. K. ADDITIONAL DEFINITIONS The tallowing definitions are added to SECTION V- DEFINITIONS.' 20. "Explnsian" means an explosion, including the explosion of gases ar fuel within the furnace of any fired yeast, or within the fluea or pesaages through which the gassa of combu~on paes. Expqo~ion dae~ not include the tolowlng: rupture, bumkng or operation of prmure relief devices; or rupture or bursting dui to expansim'~ or swetling of the conteflt~ of any building or ati'ucturs caused by or resulting fram wat~-. 21. "Water d~mage" means accidental discharge or leakage of water or steam as the c~rect result of the breaking or cracking of any part of I lystem or appliance containing water or steam, other than an automatic sprinkler system, "Water damage' does not i~cJude the coat of repairing or replacing the system or appliance from which the water or steam escepe~. TERMS AND CONDITIONS OF YOUR POUCY All other applicable terms and conditions of the policy apply unless specifically contradicted by provisions of this endorsement. PPF 02 35 (10/94 Ed.) L~ l'r~ Page g o~ 9 ~NNSYLVANIA MANUFACT~RER~, ASSOCIATION INSUPJ~C~ Pot_~Y NO. 8Z~Z00-3343-?4.4 NAMED INSUREO ] [ PRODUCER'S NAME HEMPT BRO$ |NC PO BOX 278 205 CREEK RD CAMP HILL, PA 17011 K. R. MACDONAt. D IMCORPORATED 4900 DERRY STREET P.O. BOX 4~00 HARR~BURG, PA 17111 POLI~YPERIOB: FROM 03/01/1997 TO:. 03/0111998 12:01 A.M. Sta.4.rd T~r* at your maili~ ROAD/CONCRETE CONSTRUCT]ON, QUARRIES NAMED INSUREO~: Corporation ~ RETUI~J FOR ~ PAYMENT ~ TH~ PREMIUM. AND S~CT ~ ~L ~ TERMS ~ T~ ~y. ~ A~E ~ Y~ TO ~o~ T~ IN~E ~ STATED ~ T~ ~S ~Y C~S~T~ ~ T~ ~NG SU~ECT TO ~S~E~. PROPERTY COVERAGE PART GENERAL UA~ILFI'Y COVERAGE PART INLAND MARINE COVERAGE PART BOILER AhlD MACHINERY COVERAGE PART PREMIUM $ 27,392 $ 142,951 $ 13,145 $ 3,997 TOTAL $ 187,385 FORM$ APPUGA~LE TO ALL COVERAGE PARTS: ~ SCHEDULE OF ENDORSEMENTS COUNTERSIGI~IED CPD2 (0390} BY_ |A.Ih~rk~ ,, ,,., L,~,~..~:mr'm, ~..n,~r~::~ , m,- t'uuc;T. ~'L~a.:~t: I~P_.AD IT CAREFULLY ASBESTOS EXCLUSION ENDORSEMENT This klstlrance does not apply to: "Bodily ~jury' or l~o~ damage' which is attributed to er is alleged to have bee, ~aused by exposure to asbestos or asbestos containing mated.als which are manufactursd, sold, handled, mnin4~inod, repaired, removed, disposed of. transported, distributed or installed by or on behalf of the insured or by others trading under his or its name: or Any loss, ~ or expense which i~ atlributed to or is 81teOed to have been caused by a health hazard related to asbestos or asbestos oontaining matelials Inclu~g the rdeanup, repair, removal, containment, inclu~F~g encapsulali0n, or any other corrective measures taken e~het voluntary Or M Ihe direction of any governmental entity to eliminate, reduce, control, mo~it~, or test for such health hazard because of the e_'~Mlce of a~t~stos valhin the lend and/or buitding which are elthef ovmed, leased or otherwise wi~in the rare, CUStc~ly or control of the insured. It I~ agTeed that the Company shall have no duty or obligation to de[end o~ invesligate any claim excluded by ~ enctorsemenL This endorsement changes the policy to which it is attached and is effective on the date issued unless Elfecltve Date of thl~ Endorsement 03/0111ti97 This endorsement forms a part POLICY NO. 8Z9700~3-$3-74-4 ISSUED TO HEMPT BROS INC ISSUED BY PENNSYLVANIA MANUFACTURERS' ASSocIATION INSURANCE COMPANY POLICY DATED 03~1/1997 Date issued 04/10~1997 POLICY NO. Contri~tual Liability - (1) Tha~ ~nde~iftes an mr~h/tect, engineer or suz~for ~or'~n~ury (&) AP~7 GL 03 Page I ~ 2 POh~Y NO. 8L~700-33-63..74~4 the catonaz~. AF~27 GL 03 Page · POLICY NUMBER: 829700-33-63-74-~ COMMERCIAL GENF_PJ~ [,IABILITY THIS ENDORSEMENT CHANGES THE POECY. PLEASE READ IT CAREFULLY. BOATS Th~ endomemer~t m<~U~s insura~ prov~ded un, er the ~l~wing: C:O~'v~ERCIAL GENERAl. LIABILITY COVER~AGE PART SCHEDULE Description of Watercraft; ANY OWNED ROW BOAT OR PONTOON BOAT Additional Pmm~m: (if no ®nt~/appea~s above, information required to ~omplete Ibis e~emeM ~ ~ sh~ ~ ~e De~m~o~ as 1. ~l~n g. of CO~GE A (Se~n I) d~s not a~o any ~eE ~d ~ ~ ~ ~ mnt~ ~ ~ CG 24 12 11 85 Copyright, Insurance Servic, es_.Olfice. Inc.. 1984. 1992 C-~23 IL Any loss, cost or expense adsing out of any:. (a) RequesL dema~l or c~ler is~Jed or ~ ~r, ~. ~an up, re~, ~, ~e~ de~ or n~e, or a~ ~y ~ (b} C~ ~ ~ ~ ~or~e~ ~a~ W~ ~ m~al ~ ~ r~, ~ ~ ~ ~. ~1~ ~ ~reat~ ~am~ d~ not P~ 1. o[ ~S oF I~U~CE (~n ~ d~ n~ C. Paragraph 1. of LIMITS OF tNSUP, ANCE (Sec'don III) is replaced by the 1. The Li"nitS of Insurance s~wm in th~ Oeda~. or i'~ t~e Schedule endorsement, arid the rdles below fix most we wil pay rega~P,e==:, of Ihe number of: a. tnsureds; b. Claims made or 'suits' brought; or c. Persons or oegarlizal~ns mak~'lg claims or I:xinglng D. The follow~g are added to LINETE; OF IN- SURANCE (Sect~ Bt): Aggregate I. imit shown in t~e Schedule is e~e a. Damages under Coverage A; and b. Medical expenses under Covenage C damage' along out of the acluaL alleged er S. Sueject to 'e. abeva, ttm Mecr¢~l Expe~e Limit is the mosl; we ~11 pay u~:~er Coverage 't:~lav ~u~y' sustained by any o~e pemon ari~ng o~t of the actual alleged or mla[a~¢~, release or _~,-~e of poltutant~ CG Z4 1501 Copl~ght, Insurance ~:ervices _.Office, Inc., 1994 C- ~ 223 Page 2 of 2 TH~ I~ cLAIMS MADE COVERAGE. PLEASE READ THE ENTIRE ENDORSEMENT CAREFULLY. EMPLOYEE BENEFITS LIABILITY INSURANCE This endorsement modifies insurance Ixavided under the following: Commercial General t,.Jabilit'y Coverage Part Limits of Insurance Each Claim Umit S¶ .000.000 Deduct~le Amount $1.000 Schedul~ Aggragate Limit Each Employee $1.0~.000 · Est~ted Number of Employees: Rate per Empl~: .1~ A~an~ ~: ~00 R~acti~ Da~: 311~7 ~is i~umnce d~ ~t app~ to actual or al~ged ~glige~ a~, e~m or amiens ~h ~cu~d p~r to t~ m~oa~e ~ ~ a~, sho~ a~ve. C~ Emp~ B~T~ P~mms o~er ~an ~o~ ~d ~ Paragraph fl: The followil~ Co.rage EBL is added to SECTION I ~O~G~. CO~GE E~-- EMPLOYEE BENEF~ 1. I~ ~mement a. We ~l[ ~y ~e sums that the ~r~ ~m~ I~ obr~ to p~ as damag~ ~ of n~l~ent a~, e~om or ~ a~ng out of~e 'a~n' of ~e i~r~ 'em~e ~ ~ram'. b. We ~ ~ve ~e ~ht a~ du~ to defe~ ~y 's~' to ~ich ~b ~anca ~ da~. hue (1) We may inv~ate e~ ~e any cla~ or ~' at our d~cre~on; ~) The amount ~ MIl ~y f~ dam~es ~ ~ ~ d~ ~ SEC~ON III -- L~ITS OF INSU~NCE; and (3) Our right and duty to defend ends when we have used up the a~;iigabl; limit of instance In the peymertt of judgments or settlements. This insurance applies to damages because of a Itegllgant act. error or omission in the 'aclmin~trallon' of the i;tsumd°s "emldoye'~ behests program" only if: (1) The negl~ac:t, error oromission out of y~hich cl~ arise is and ~) The claim for damages because of a negrq~ant a~ error or ~ in thru 'admin~ .lion' of the im~rec~$ 'employee benefits program' is r~mt made during ~e policy pe~xl by:. P~L 30 70 (lC~9~ ed.) Pag~ I of 5 C-t223 (a) an 'employee' (b) a former 'employee"; or (c) The bene~iafies or legal representalNe of an 'empl0yee' or former 'employee'. A c~m by a person or orgenizal~on w~l be deemed to have been mede when notice of such rdalm is feces, ed end recorded by any Insured or by us, wt~chever comes first. All claims for damagers by the sanle person and due to the same negligent act, error or omission will be deemed to have been made et U~e time the f~st of those claims is made against any insured. Written notice given by the insured to us d~ring the policy period of an act, error or omission taldng place during rdaim will be considered · claim made against the insured during the This insurance doeS not apply'. a. 1'o loss a~sing out of any clirdm~ast, fmedulellt, ctimJlla! or maEcious act m' emission committed by ,,ny insured. To 'bodily injury'. 'property damage'. 'personal injury' or 'advedising injury'. C. TO Io"~ arising out of the failure of patron, henCe of conl~act by any insurer, group edmini=,;,,~[m' or health maintenance organize§on. d. To toss adsing out of an insufficiency of funds to meet any ol~ga~:~ under any ;dan included in ~e e. To any claim or 'suit' based upon: (1) Failure of any investmer~ to perform as represented by any insured; or (2) Ad,ace given to any person to parlicipete or notto pa~cipate in stock subscriplJon plans or saving programs. f. To Joss adsing out of the insured'5 farmre to comply with the mandatory provislo~s of any law ~nce~ ~rkem' ~m~n~on, unempl~ent insu~n~. O- To I~ as a ~R of a~ ~ enor or om~ or ~ of d~, · e ~ha~e of ~u~ d~ S~ ~ of 1974 ~ T~ X of ~e h. TO ~ or ~ for ~ ~ne~ have are a~a~ f~ f~ ~ ~ ~e ~r~ for ~ ~e~ or ~ L If as of~ e~ ~ ~, the' k. To dama~ ~r a~al or a~ ~u~ to ~ ~ ~e r~reme~ of o. To any ~a~ ~ on ~e Fm~ of under a c~ ~ agreeme~. PGL 30 70 (10~ ad.) C-1223 Page2 o~5 Do .;~. To ;iny c_Jaim that a wfi'den or spoken ~latoment harmed a per6on's reputation. 'Fo any claim baa, ed upon the fa~ure to pay more Ihan the t~s,Jal ctJ~omary and reasonable dental, medk;al or ho~l expense. SUPPLEMENTARY PAYMENT$--COYERAGES A AND ~ amended to include COVERAGE EBL SECTION E--WHO IS INSURED is amended as follows; As respects coverage available under C;overage EBL. Paragraph 2. is deleted and replac'~d as follows: 2. Eac~t of the following is also an insured: a. Each of you~ parlners, executive offic, em and employees who is at,e~o~i~ecl to administer your 'employee beneMs p'ogram'. As respects coverage ava~able under Coverage EE~[., Rem d. is a~led to P;iragmP~, 4. as follows: d. Coverage EBL does not apl~ly to any actuat or alleged negligent ~ error or om~s~ ~tat was c~mmitted b~fere you aoquffed or formed the organlz'el~on. SECTION III--UMII~S OF 1NSUI~ANCE is amended as follows: 1. As respects coverage available under Coverage EBL, Paragraph 1 is deleted and repi;iced by the following: 1. The Limits o! Insurance shown in the ~chedule for this endorsement and the rules below fix the most we will pay regardless of the number of: a. Insureds: b. claims made or 'suits' brought; or c. Persons or organizations maldng ola~ms or bl~glng 2. Items 8. and 9. are added as follow~: S. The Aggregate Limit shown in the Schedule for this endorsement is ~ most wa wal ~y for all damages under this covarage, 9. Subject to 8. above, the Each Claim Limll is the most w~ -,~[I pay for ali damages to any erie 'employee', including dependents ;ind benefieiarte~. SECTION IV--CONDITIONS b amel~fed as follows: 1. As tempers cmmrage available under Coverage EBL, condllJom; 2,4 ;ind .5 are deleted and replaced as fellows: 2. Du§es in the Event of an Act. Error or Omission, Claim or 'Suit' a. The insured must see to it that we are nol~ied ass°On as praclicable of;in actual or alleged act. error m- omis~;Jon wftich may ;esult in a c~airm To the ext~mt possible, r~ice sttould imflude: (1) How. wh;in and where tfle act. error or omiss~n took I~aee: and (2) The names and addresses'of any 'emifloyees' who may suffer damages am a result of the actual or alleged act, error or omission. b. If ;i claim is re4:~.,,i~'ed by any im~rad you must: (1) Imme~F~atefy m~ord the $pe;~Ftcs of the date received; and (2) Notify us as soon as praclicable. You must see to it that mm receive written notice ~ th~ claim as so~n as prec,=able. You and any oiber involved insured must:. (1) immediatolysend ~scopies of any demands, notices, summonses or legal I~aper ;eceived in connec'~n with the cl;iim Or ;i 'suit': (2) Authorize us to ol;~aln records and other information; (3) Cooperate with us in the Inves~al~o~, sett~emen~ or defense o(the claim or 'suit.'; ~ (4) Assist us, upon our request, in the enforcerr~l~ of any light against any person or organlza~on which may be liable to an insured because of damages to which this insurance may also app,. PGL 30 '70 (10Y;J~ ed ) P;~Je 3 of 5 d. No insured(s) will, except at their own cost, voluntarily make a paymenL assume any obligal~on, o~ incur any expense without our cot~$ent. Prem~m The premium shovm on the Schedule is an e~l~mated premium only. At me end of the pofi~'y pe~xl you shall. Ul:~on our request, furnish us with e statement of any personnel changes since the effoctNe date of thi~ coverage. We will then compute Itm earned premium based upon our rules and rates. It' the emT~ed premium exceeds the es~mated premium you shall pay the excess to us: if it is less we will return the difference to you. Other Insurance If other v~,lid and colleclible insurance is aveilal~e to an insured for a loss we cover under th~ erK:lorsement', our obligations are limited as follows: e. P~mary Insurance This insurance is Ic~'~aq' except when Co) below epp4ies. If this If~surance is ic~mary, our obt'~a§ona are not effected unless any of the other insurance i~ also primary. Then we wal share with all that other L'~urance b~/the methnd descffi~ed in (c) below. b. Excess insurance Insurance i~ovlded by this endorse- meet is excess ove~ any other insurance, whether primary, excess. con'~gent or on any other basis: (I) That is effectNe prior to the effective dale of' this endo~serrmnt and that applies to damages on other that a cta6ms- made basis, if; no Retroactive Date is shown in the ,SchedUle of the endomement; or (a) the ot~,er i~surance has a po~y pekoe wh~h continues aRer ~e e~o~nL a~, ~at 6x~s ~e ~m o~ ~) ~e t~ ~t o~er f~ ~ ~. U~ ~e ~ of ~uran~ or If any other i~m~e d~ ~O~ REP~NG PE~ . 1. We ~ ~r~ an a~ ~end~ Re~ Pe~ anN ~ a. ~e ~ ~n~ or not m~ PGL 30 70(10/90 ed.) C-1223 Page4 of $ , b. We renew or replace w~ coverage tha~ has a Relloac~e Date ~ater ~an ~e o~e sh~ in ~e ~ch~ule of ~ e~do~emenL 2. A cla~ ~ made du~ ~he A~me~c ~ed R~ Pefi~ ~li ~ deem~ to h~ ~n m~e on ~e ~ day of the ~, p~ ~at ~e claim ~ for dam~es ~ of an a~, effor or om~ o~ ~re ~e end of the ~1~ ~ of ~ ~E~ ~t n~ ~fore any apse R~oa~ ~). The ~end~ P~ ~1 n~ r~te ~ in~ea~ ~e ~ of ~1~ ~ ~i~ th~ endo~me~ ~ 3: The a~a~ ~ehd~ Re~ng Pe~ ~ for 60 d~, ~ ~h the e~ ~ ~ of ~ ~1~ to which e~me~t b ~ a~oma~c ~ Re~ Pe~ app~ ~y ~ no ~uenl ~umn~ ~ for ~e ~hau~on of ~ ap~ble I~ of 1. Our o~e~n ~ ~ dam~ on ~half of ~e ~ ex~ of~e each emplo~e ~domeme~ N~e~ ~e ~ C~a~ ~mE or · e ~grega~ ~J{ ~ r~u~ by t~ amount of ~ d~u~e. 2. Claims r~u~ng [rom ~e ~me negl~ent ~e ~r~s a~e a ~ngle ~a{m. ~nd ~ly one d~u~e 3. We ~y ~y a~ ~ ~ o~ the d~u~ble o~der to ~e ~ ~aim. You ~l reim~ us ~om~ f~ any d~u~le amou~ ~ pay. SEC~ON V-~FI~NS ~ amend~ as 1. ~ r~ corette e~able u~er C~rage EBL, ~e foll~ de~ns a~: a. mea~ (1) Coun~l~g *~plo~', incJud~ t~ de~nden~ and ~ re~ to ~he 'emp~ ~ne~ p~grem'; (~) Ha~lFm, g record~ in conn~n (3) Eff~g or ~a~ any 'e~e's' pa~a~n m a plan in~ h ~ b. ~ d~ n~ ~e: (~) ~ aM ~mr or o~ of of 1974 ~ am~, ~ The ~ ~i~ ~u~e~ or · e ~na~ ~e ol law; ma~ r~n~n (4) ~ a~ ~or ~ ~on ~ an 'Em~yee Be~ Pr~~ mea~ a. Grip ~e ~. grip ~ent or t~ qu~ ~ ~ and '~o~ ~ ~n ~ 'em~e' may b. U~m~,t ~um~. s~ ~ne~. ~e~' com~ d~i~ 'Pro~ ~ ~a~' m~ ~s~h plans ~at are ~S q~ a~ ~1~ a~]abte all full fi~ 'em~o~'. Par~m~ 5. of S~n V- ~fl~ ~ deJe~ and m~a~ as f~: 5. ~m~o~e~' mea~ ~ur o~cem, em~oy~, d~bled ~ Employ~ ~ a 'lea~d ~r~er', Employee d~ n~ incl~e e ~em~ra~ ;'age 5'of 5 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE RE. AD IT CAREFULLY. EMPLOYMENT-RELATED PRACTICES EXCLUSION This endorsement modifies insurance provided under the [OIIOWing; COMMERCIAL GENERAL LEABIUTY COVEP-,AGE PART 1. The following exclusion Is added to COVER- AGE A (Section o. 'BocMy i~juty' arising out o~ anT. (1) Refusal to employ; (~'} Termination of employment; Coercion. demotion, evaluabon. reassignment, discipline, defamation. harassment, humiliation, discrimi- nabon or other employment-related practices, policies, acts o~- om~ons; or (4) Consequential 'bodily injury' as a suit of (I) through (3) above. The fo,owing exc~mion is added to COVER- AGE B c. 'Pemonal injmy' a~ing out of am/: (1) Refu~a~ to employ:. (2) Te~.l~,mtJon of employment: (3) Coercion, demotion, evalualio~, reas- signment, d'e~:~e, ~efamatlon. ha _ ~r'~q~nt. h~,-,~a6on, dascdmi- naflon o( other employment-related (4) Consequential 'iDem(mM injury' as a re~lt of (1) ~ro~h (3) above. This exc-lusk)n app4ies whether Ihe insured may be held liable e~ an employer ot in any other cal~cAy and to am/obligation to share damages with or to repay someone else who must pay darnage~ because of the injury. PTOi I (O4 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HEMPT BROTHERS, INC. Plaintiff PENNSYLVANIA MANUFACTURERS' ASSOCIATION INSURANCE COMPANY and PENN NATIONAL INSURANCE Defendants NO. 2001-1434 CIVIL TERM CIVIL ACTION - LAW 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 Date: BY: Kathleen D. Wilkinson Attorney fur defendant Pennsylvania Manufacturers' Association Insurance Company 60039.1 WILSON, ELSER, MOSKOWITZ, EDELMAN & DICKER LLP THE CURTIS CENTER · SUITE 1130 EAST · INDEPENDENCE SQUARE WEST · PHILADELPHIA, PA 19106 PHONE: (215) 627-6g00 · FAX: (215) 627-2665 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 L. Bangs, Esquire Law Offices of Michael L. Bangs 302 South 18m Street Camp Hill, PA 17011 James K. Thomas, II, Esquire c/o THOMAS THOMAS AND HAFER P.O. Box 999 Harrisburg, PA 17108 n D. Wilkinson, Esquire -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 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 unswom falsification to authorities. Mark E. Travis DATED: 59551.1 HEMPT BROS., INC., Plaimiff VS. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW PENNSYLVANIA MANUFACTURERS' ) ASSOCIATION INSURANCE COMPANY ) NO. 2001-1434 CIVIL TERM and PENN NATIONAL INSURANCE, ) Defendants ) 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, Plalntiffis 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, Plalntiffis 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. 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 of this case. 42. Denied. After reasonable investigation Plaintiff is without knowledge sufficient to form a belief as to the troth 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 troth 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 troth 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 sufficiem to form a belief as to the troth 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 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 troth of this 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 troth 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 troth 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. 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 troth 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 troth 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. 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 rome. 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 PMAIC'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 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 them 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 II! 81, Hempt Bros. incorporates by reference its answers to Paragraphs 57 through 65 as if more fully set forth heroin. 82. Denied as stated. Hempt Bros. is unaware of the "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 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. ihas 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, Attorney for ~tempt Bros.,~f-~ 302 South 18th Street Camp Hill, PA 17011 (717) 730-7310 Supreme Court ID #41263 8 VERIFICATION GEORGE F. HEMPT, being duly sworn according to law, deposes and says that (s)he is the President of HEMPT BROS., INC., a Pennsylvania corporation, the Plaintiff herein, and that as such officer, he is authorized to make this Verification on its behaif 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 unswom falsification to authorities. HEMPT BROS., INC. 9 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 D ATE: James K. Thomas, II, Esquire Thomas Thomas & Hafer Post Office Box 999 Harrisburg, PA 17108 Legal Assist(~an~H~~S~RO~ 10 David L. Schwalm, Esquire Thomas, Thomas & Hafer, LLP Attorney I.D. # 32574 305 North Front Street P. O. Box 999 Harrisburg, PA 17108-0999 (717) 255-7643 Attorneys for Defendant HEMPT BROS., INC., Plaintiff, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2001-1434 CIVIL TERM PENNSYLVANIA MANUFACTURERS' : CIVIL ACTION - LAW ASSOCIATION INSURANCE COMPANY and PENN NATIONAL INSURANCE, Defendants : 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, r'~ "~'-T.U_OMAS, THOMAS & HAFER, LLP David L. 5'c'hwalm, 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 David L. Schwalm, Esquire Thomas, Thomas & Hafer, LLP Attorney I.D. # 32574 305 North Front Street P, O. Box 999 Harrisburg, PA 17'108-0999 (717) 255-7643 Attorneys for Defendant HEMPT BROS., INC., Plaintiff, 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 :JURYTRIALDEMANDED ANSWER AND NEW MATTER OF DEFENDANT PENNSYLVANIA NATIONAL MUTUAL CASUALTY INSURANCE COMPANY AND NOW, Defendant Pennsylvania National Mutual Casualty Insurance Compsny, by its attorneys, Thomas, Thomas & Hafer, LLP, files this Answer and New Matter to the Plaintiff's 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 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. 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. ~4. 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 Defendant PMAIC and not Defendant Penn National, no answer is required thereto by Defendant Penn National. COUNT II - 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. 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 Plaintiffs 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. 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. 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 pumhased. 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: 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, (d) disposed of, or processed as waste by or for any insured or any person or organization for whom you may be legally responsible; or 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, detoxi~ 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. 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. 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 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". Damage to Your Product "Property damage" to "your work" arising out of it or any part of it. 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. 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 (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. 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. 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. :136179.1 Respectfully submitted, d'~ - THOMAS, THOMAS & HAFER, LLP I.D. No. 32574 305 North Front Street, 6th Floor P.O. Box 999 Harrisburg, PA 17108-099g (717) 255-7643 Attorneys for Penn National Mutual Casualty Insurance Company CERTIFICATE OF SERVICE I, David L. Schwalm, Attorney for Thomas, Thomas & Haler, 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 D. Wilkinson, Esq. Wilson, Elser, Moskowitz, Edelman & Dicker The Curtis Center Suite 1130 East Independence Square West Philadelphia, PA 19106 THOMAS, THOMAS & HAFER, LLP Date: Attorney I.D. # 32574 305 North Front Street P. O. Box 999 Harrisburg, PA 17108-0999 (717) 255-7643 Attorneys for Penn National Mutual Casualty Insurance Company HEMPT BROS., INC., Plaintiff VS. 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 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 thc 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. 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 de'handed 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 of the 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 Penn 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 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. Respectfully submitted, MICF[AEL L. BANGS Attorney for Plaintiff 302 South 18th Street Camp Hill, PA 17011 (717) 730-7310 Supreme Court ID #41263 4 CERTIFICATE OF SERVICE I HEREBY CERTIFY that I have this day served the foregoing Plaintiffs 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, PA 19106 David L. Schwalm, Esquire Thomas, Thomas & Hafer 305 North Front Street Post Office Box 999 Harrisburg, PA 17108-0999 DATE: 5 David L. Schwaim, Esquire Thomas, Thomas & Haler, LLP Attorney I.D. # 32574 305 North Front Street P. O. Box 999 Harrisburg, PA 17108-0999 (717) 255-7643 Attorneys for Defendant HEMPT BROS., INC., Plaintiff, 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 PRAEClPE 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. Respectfully submitted, Dav~. Schwalm, Esquire Attorney I.D. 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 Date: '/ :138705.1 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: :137799.1 CERTIFICATE OF SERVICE I, David L. Schwalm, Attorney for Thomas, Thomas & Haler, 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 ~athleen D. Wttkinson, Esq. Wilson, Elser, Moskowi~'; Edelman & Dicker 'i'Ve Cut'tis Center Suite 1130 East Independence Square W p hiladelphia, PA 19106 THOMAS, THOMAS & HAFER, LLP Atomey I.D. # 32574 35 North Front Street P. e. Box 999 Ha~sburg, PA 17108-0999 (71~ 255-7643 Atto~eys for Pennsylvania National Mutual Caualty Insurance Company 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 D. Wilkinson, Esq. Wilson, Elser, Moskowitz, Edelman & Dicker The Curtis Center Suite 1130 East Independence Square West Philadelphia, PA 19106 Date: -~ -3,'3-~ \ THOMAS, THOMAS & HAFER, LLP ~.'~~ire Attorney I.D. # 32574 305 North Front Street P. O. Box 999 Harrisburg, PA 17108-0999 (717) 255-7643 Attorneys for Pennsylvania National Mutual Casualty Insurance Company David L. Schwalm, Esquire Thomas, Thomas & Haler, LLP Attorney I.D. # 32574 305 North Front Street P. O. Box 999 Harrisburg, PA 17108-0999 (717) 255-7643 Attorneys for Defendant HEMPT BROS., INC., Plaintiff, 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 PRAEClPE 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. Respectfully submitted, b~. 'r.l~S, THOMAS & HAFER, LLP David L. Schwalm, Esquire Attorney I.D. 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 Date: "/-~.3--~ \ :138705.1 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 unsworn falsification to authorities. Date: :137799.1 CERTIFICATE OF SERVICE I, David L. Schwalm, Attorney for Thomas, Thomas & Hafer, LLP, hereby certifl/ 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 D. Wilkinson, Esq. Wilson, Elser, Moskowitz, Edelman & Dicker The Curtis Center Suite 1130 East Independence Square West Philadelphia, PA 19106 THOMAS, THOMAS & HAFER, LLP L"~ Dtavid L. S'dhwalm, Esquire Attorney I.D. # 32574 305 North Front Street P. O. Box 999 Harrisburg, PA 17108-0999 (717) 255-7643 Attorneys for Pennsylvania National Mutual Casualty Insurance Company HEMPT BROS. INC., ' IN THE COURT OF COMMON PLEAS OF PLAINTIFF ' CUMBERLAND COUNTY, PENNSYLVANIA 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 HEMPT BROS. INC., DEFENDANT · 02-0611 CIVIL TERM (CONSOLIDATED) AND NOW, this ORDER OFCOURT day of April, 2003, upon relation by counsel, the trial scheduled for May 22, 2003, IS CONTINUED GENERALLY to the call of any party. ~chael L Bangs, Esquire For Hempt Bros., Inc. ~athleen D. Wilkinson, Esquire For Pennsylvania Manufactures' Association Insurance Company on,~athan C. Deisher, Esquire For Penn National Insurance Court Administrator :sal By theCourl ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HEMPTBROTHERS, 1NC., V. Plaintiff PENNSYLVANIA MANUFACTURERS' ASSOCIATION INSURANCE COMPANY and PENN NATIONAL INSURANCE, Defendants NO. 2001-1434 CIVIL ACTION - LAW 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 PMAIC 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 of PMAIC. 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 6. If Alines & Associates will not testify as an 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 DATED: BY: Kathleen D. Will~inson, Esquire Attorney I.D. No. 34579 The Curtis Center, Suite 1130 East Plfiladelphia, PA 19106 (215) 627-6900 Attorney for Defendant Pennsylvania Manufacturers' Association Ins. Co. 72163.1 WILSON, ELSER, MOSKOWITZ, EDELMAN & DICKER LLP THE CURTIS CENTER · SUITE 1130 EAST · INDEPENDENCE SQUARE WEST · PHILADELPHIA, PA 19106 PHONE: (WI5) 627-6900 · FAX: (215) 627-2665 HEMPT BROTHERS, INC., Plaintiff PENNSYLVANIA MANUFACTURERS ASSOCIATION INSURANCE COMPANY and PENN NATIONAL INSURANCE, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL DIVISION -LAW JURY TRIAL DEMANDED BY JURY OF TWELVE [12] PERSONS NO. 2001-1434 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 documents or things: Complete copies of any and ali documents related to any and ali work done for Hemvt Brothers, Inc., by or on behalf of Alines & Associates, Inc. at: Thomas, Thomas & Itafer, 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 THE REQUEST OF THE FOLLOWING PERSON: NAME: David L. Schwalm, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA 17108 TELEPHONE: (717) 255-7643 SUPREME COURT ID#: 36510 ATTORNEY FOR: Defendant Penn National Insurmlce BY THE COURT: DATE: : 157842.2 Prothonotary/Clerk, Civil Division Seal of the Court: Deputy 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, PA 17011 James K. Thomas, II, Esquire Thomas, Thomas & Hafer 305 N. Front Street P.O. Box 999 Harrisburg, PA 17101 Dated: n D. Wilkinson, Esquire WILSON, ELSER, MOSKOWITZ, EDELMAN & DICKER LLP THE CURTIS CENTER · SUITE 1130 EAST · INDEPENDENCE SQUARE WEST · PHILADELPHIA, PA 19106 PHONE: (215) 627-6900 · FAX: (2t5) 627-2665 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., Plaintiff PENNSYLVANIA MANUFACTURERS ASSOCIATION INSURANCE COMPANY and PENN NATIONAL INSURANCE, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL DIVISION -LAW JURY TRIAL DEMANDED BY JURY OF TVVELVE[12]PERSONS NO. 2001-1434 CERTIFICATE PREREQUISITE TO SERVICE 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: A Notice of Intent to Serve Subpoenas with copies of the subpoenas attached thereto was mailed or delivered to each party; A copy of the Notice of Intent, including the proposed subpoenas, is attached to this Certificate; Plaintiff has objected to two subpoenas directed to Peffer Geotechnical Corporation and AImes 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; The subpoenas which will be served are identical to the subpoenas which are attached to the Notice of Intent to Serve Subpoenas. By: Thomas, Thomas & Hafer_U..P James K. Thomas, II, ~'ii-'e --- I.D. No. 15613 305 North Front Street P. O. Box 999 Harrisburg, PA 17108-0999 (717) 237-7116 Attorneys for Defendant PENN NATIONAL INSURANCE THOMAS, THOMAS & HAFER, LLP By: Jonathan C. Deisher, Esquire Attorney Identification No. 67287 3400 Bath Pike, Suite 201 Bethlehem, PA 18017 Phone: 610-868-t675 Fax: 610-868-1702 Attorney for: Defendant PENN NATIONAL INSURANCE HEMPTBROTHERS, INC., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA 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 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 J-~-"es K. Thomas, II, Esquire 305 North Front Street P. O. Box 999 Harrisburg, PA 17108-0999 (717) 237-7116 Attorneys for Defendant Penn National Insurance Date: February ~-~, 2002 :157837.1 HEMPT BROTHERS, INC., Plaintiff V. PENNSYLVANIA MANUFACTURERS ASSOCIATION INSURANCE COMPANY and PENN NATIONAL INSURANCE, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL DIVISION -LAW JURY TRIAL DEMANDED BY JURY OF TWELVE [12] PERSONS NO. 2001-1434 TO: Records Custodian StYe Correction~ Institute 2500 LisburnRoad Camp Hill, PA 17001-4531 Within twent7 (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Complete copies of any and all documents related to sinkhole development alon£ Cedar Run, in or about the area of the Hempt Brothers, Inc. Ouarrv in Camp Hill, Pennsylvania at: Thomas, Thomas & Haler, 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. lfyou 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 TELEPHONE: (717) 255-7643 SUPREME COURT ID NO.: 36510 ATTORNEY FOR: Defendant Penn National Insurm~ce BY THE COURT: DATE: : 157842.6 Prothonotary/Clerk, Civil Division Seal of the Court: Deputy HEMPT BROTHERS, INC., Plaintiff PENNSYLVANIA MANUFACTURERS ASSOCIATION INSURANCE COMPANY and PENN NATIONAL INSURANCE, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL DIVISION - LAW JURY TRIAL DEMANDED BY JURY OF 'rVVELVE [12] PERSONS NO. 2001-1434 TO: Records Custodian Permsylvmfia Department of Corrections 2520 Lisburn Road Camp Hill, PA 17001-0598 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Complete co~ies of any and all documents related to sinkhole development along Cedar Run, in or about the area of the EIem~t Brothers, Inc. Ouarrv in Camp Hill, Pennsylvania at: Thomas, Thomas & Haler, LLP, 305 N. Front St., P.O. Box 999, Harrisburg, PA 17108. You may deliver or mail legible copies of the docmnents 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 part3, 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 TELEPHONE: (717) 255-7643 SUPREME COURT ID#: 36510 ATTORNEY FOR: Defendant Penn National Insurance BY THE COURT: DATE: : 157842.5 Prothonotary/Clerk, Civil Division Seal of the Court: Deputy HEMPT BROTHERS, INC., Plaintiff PENNSYLVANIA MANUFACTURERS ASSOCIATION INSURANCE COMPANY and PENN NATIONAL INSURANCE, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL DIVISION -LAW JURY TRIAL DEMANDED BY JURY OF TVVELVE [12] PERSONS NO. 2001-1434 TO: Records Custodian Lower Allen Township 1993 Hummel 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: Complete cooies of any and all documents related to sinkhole develooment alon~ Cedar Run, near the Hemot Brothers, Inc., Quarry in Camo 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, togetber with the certificate of compliance, to the party rnaking 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. lfyou 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 TELEPHONE: (717) 255-7643 SUPREME COURT ID#: 36510 ATTORNEY FOR: Defendant Penn National Insurance BY THE COURT: DATE: : 157842,4 Prothonotary/Clerk, Civil Division Seal of the Court: Deputy HEMPTBROTHERS, INC., Plaintiff PENNSYLVANIA MANUFACTURERS ASSOCIATION INSURANCE COMPANY and PENN NATIONAL INSURANCE, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL DIVISION - LAW JURY TRIAL DEMANDED BY JURY OF TWELVE [12] PERSONS NO. 2001-1434 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: Complete collies of any and all documents related, in any way, to work done by Peffer Geotechnieai Corporation reffardin~ sinkholes in or about Cedar Run, near the Camp ltill Ouarrv of Hempt Brothers, Inc. at: Thomas, Thomas & Itafer, LLP, 305 N. Front St., P.O. Box 999, Itarrisburg, 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 THE FOLLOWING PERSON: NAME: David L. Schwalm, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA 17108 TELEPHONE: (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 PENNSYLVANIA MANUFACTURERS ASSOCIATION INSURANCE COMPANY and PENN NATIONAL INSURANCE, Defendants CIVIL DIVISION -LAW JURY TRIAL DEMANDED BY JURY OF TWELVE [12] PERSONS NO. 2001-1434 TO: Records Custodian Almes & Associates, Inc., Consulting Engineers Northern Region Four Triangle Lane, Suite 200 Export, PA 15632-9255 Witlfin twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Complete colfies of any and all documents related to any and all work done for Iteml~t Brothers, Inc., by or on behalf of Alines & Associates, Inc. at: Thomas, Thomas & Haler, 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 tiffs 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 TELEPHONE: (717) 255-7643 SUPREME COURT ID#: 36510 ATTORNEY FOR: Defendant Penn National Insurance BY THE COURT: DATE: : 157842.2 Prothonotary/Clerk, Civil Division Seal oftbe Court: Deputy HEMPT BROTHERS, INC., Plaintiff PENNSYLVANIA MANUFACTURERS ASSOCIATION INSURANCE COMPANY and PENN NATIONAL INSURANCE, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL DIVISION - LAW JURY TRIAL DEMANDED BY JURY OF TWELVE [12] PERSONS NO. 2001-1434 TO: Record Custodian K. R. MacDonald, Inc. 4900 Deny Street Harrisburg, PA 17111-0500 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Complete collies of any and all documents related to Hempt Brothers, Inc., and any and all documents related to the ~urehase of insurance from Penn National Insurance and Pennsylvania Mannfaeturers Insurance Co. at: Thomas, Thomas & ltafer, 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 TI-IE REQUEST OF THE FOLLOWING PERSON: NAME: David L. Schwalm, Esquire ADDRESS: P.O. Box 999, Harrisburg, PA 17108 TELEPHONE: (717) 255-7643 SUPREME COURT ID#: 36510 ATTORNEY FOR: Defendant Penn National Insurance BY THE COURT: DATE: : 157842.1 Prothonotary/Clerk, Civil Division Seal of the Court: Deputy CERTIFICATE OF SERVICE I, James K. Thomas, II, certify that I served the following on the ['~-~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 ~Esquire I, James K. Thomas, II, certify that I served the following on the 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 :157832.1 James K. Thomas, II, Esquire day of March, i~I~NN NATIONAL INSURANCE g;OMPANY HEMPT BROS_, INC., Plaintiff, 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 STIPULATED AGREEMENT Pursuant to this Stipulated Agreement, the undersigned counsel agrees that Pennsylvania National Insurance (uPNI') shall have until April 3, 2002 to tie a response to Pennsylvania Manufacturers' Association Insurance Company ('PMAIC~) Motion to Quash Subpoena/Motion for Protective Order. DATE: ...~/~ e/o 2. DATE: :16,?.315.1 National Insurance Company K~'I'~ILEEN~D'~ WILKINSON, ~-~QtJIRE Attorney for Defendant, Pennsylvania Manufacturers' Association Ins, Co, Jonathan C. Deisher, Esquire Thomas, Thomas & Haler, LLP Attorney I.D. # 67287 3400 Bath Pike Suite 201 Bethlehem, PA 18017 (610) 868-1675 Attorneys for Defendant PENN NATIONALINSURANCE COMPANY HEMPT BROS., INC., Plaintiff, 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 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 PNI's subpoena is directed to Alines & Associates, Inc., consulting engineers. It is further admitted that PMAIC claims to have retained Alines & 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, AImes & 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, Alines & Associates represented Hempt Bros., Inc., in various meetings with regulatory agencies, including the Pennsylvania Department of Environmental Protection. It is believed, and therefore averred, that Alines & 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.,/nc., 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 Alines & 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 Alines & Associates will serve as PMAIC's expert witness, then PMAIC will produce all responsive documents other than those protected from discovery by Pa. R.C.P. 4003.3 and 4003.5. By way of further response, documents related to work done by Almes & Associates for or on 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 Pa. R.C.P. 4003.5(a)(3) if Alines & 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 Pa. R.C.P. 4003.5(a)(3), or any other Pennsylvania Rule of Civil Procedure. Respectfully submitted, 4'--'"~.D, No.// 6~'~87 3400 B~.h,F~e - Suite Bethlehem, PA 18017/ Phone: (610) 868-16F5 Fax: (610) 868-1702 DATED: April 1,2002 :163447.1 CERTIFICATE OF SERVICE I, JONATHAN C. DEISHER, certify that l 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, EIser, 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 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 ( X ) for trialwithout ajury CAPTION OF CASE (entire caption must be stated in full) (check one) HEMPT BROS., INC., ( X )CivilAction-Law Plaintiff ( ) Appeal from Arbitration ( ) v s. (other) PENNSYLVANIA MANUFACTURERS' ASSOCIATION INSURANCE COMPANY and PENN NATIONAL INSURANCE, Defendants The trial list will be called on 6 / 10 / 03 and TRIALS commence on 7/7/03 PRETRIALS will be held on 6 / 18 / 03 (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 Indicme the attorney who will try case ~r the party who files this praecipe: Michael L. Banqs, Esquire Indicme~ialcounsel~rotherpartiesifknown: Kathleen D. Wilkinson, Esq. and Jonathan C. Deisher0 Esquire This case is ready for trial. NAR 2 2003L PRAECIPE FOR LISTING CASE FOR TRIAL (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY Please list the folloxving case: (Check one) for JURY trial at the next term of civil court ( ~ i for trial without a jury CAPTION OF CASE (entire caption must be stated in full) (cbeck one) HEMPT BROS. , INC. , Plaintiff vs. PENNSYLVANIA MANUFACTURERS' ASSOCIATION INSURANCE COMPANY and PENN NATIONAL INSURANCE, Defendants ( X ) Civil Action - Law ( ) Appeal from ArbitrationS! .~ ( ) (other) The trial list will be called on '_'_, :;~, , TRIALS commence on 7 / 7 / 03 PRETRIALS will be held on 6 / 18 / 03 (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 tW case ~r the pa~y who files this praecipe: Michael L. Banqs, Esquire Indicate trial counsel ~r other parties if known: and Jonathan C. Deisher, Esquire This case is ready for trial. Kathleen D. Wilkinson, Esq. fo~': Plainti'ff Attorney MICHAEL L. BAN iS ATTORNEY AT LAW 302 SOUTH 18TM STREET CAMP HILL, PA 17011 PHONE 717-730~7310 FAX 717-730-7374 E-mail: bangslaw~pam*llnc.com March 24, 2003 Office of the Prothonotary ATTN: IRENE Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 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 ~br 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. Very truly yours, ~ic~ael L, Bangs WSC Court Administrator Kathleen D. Wilkinson, Esquire Jonathan C. Deisher, Esquire HEMPT BROS., INC. Plaintiff VS. PENNSYLVANIA MANUFACTURERS' ASSOCIATION INSURANCE COMPANY and PENN NATIONAL INSURANCE Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2001-1434 CIVIL TERM ACTION FOR DECLARATORY JUDGMENT ORDER AND NOW this [ ~ day of ~ ~ ,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. BY THE COURT, HEMPT BROS., 1NC. Plaintiff VS. PENNSYLVANIA MANUFACTURERS' ASSOCIATION INSURANCE COMPANY and PENN NATIONAL INSURANCE IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2001-1434 CIVIL TERM ) ACTION FOR DECLARATORY Defendants ) JUDGMENT MOTION TO CONSOLIDATE ACTIONS AND NOW comes the Plaintiff, HEMPT BROS., INC., by and through its attorney, Michael L. 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 C, ounty, 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. 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 tree and correct copy of their concurrence. WltEREFORE, Hempt Bros., Inc., requests this Honorable Court to consolidate the action docketed to No. 2002-611 with the above-captioned matter. Respectfully submitted, fi ~ MICHAEL L. BANGS Attorney for Plaintiff //// 302 South 18th Street Camp Hill, PA 17011 (717) 730-7310 Supreme Court ID #41263 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 & Itafer 3400 Bath Pike, Suite 201 Bethlehem, PA 18017 WENDY S. C~'ESBRO Legal Assistafit EXHIBIT A 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 ~md 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 A~ISHER, Esquire s, Thomas & Haler el for Penn National Insurance STIPULATION We, the undersigned, counsel who represent Defendants Pennsylvania Manufacturers' Association Insurance Company and Penn National Insurance, hereby agree to consolidate the action emitled "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. SON, Esquire Wilson, Elser, Moskowi~ Edelman & Dicker Counsel for Defendant Pennsylvania Manufacturers' Association Insurance Company JONATHAN C. DEISHER, Esquire Thomas, Thomas & Hat'er Counsel for Penn National Insurance HEMPT BROS. INC., · IN THE COURT OF COMMON PLEAS OF PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA 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 HEMPT BROS. INC., DEFENDANT · 02-0611 CIVIL TERM (CONSOLIDATED) ORDER OF COURT AND NOW, this 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., In¢., By thee.COurt, Edgar B. Ba¥1e¥, 37 Kathleen D. Wilkinson, Esquire For Pennsylvania Manufactures' Association Insurance Company Jonathan C. Deisher, Esquire For Penn National Insurance Court Administrator :sal HEMPT BROS., 1NC., Plaintiff ) ) vs. ) ) PENNSYLVANIA MANUFACTURERS ) ASSOCIATION iNSURANCE COMPANY) and PENN NATIONAL INSURANCE ) COMPANY, ) Defendants ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2001-1434 CIVIL CIVIL ACTION - LAW ACTION FOR DECLARATORY JUDGMENT PRAECIPE TO THE PROTHONOTARY: Please mark the above-referenced matter settled and discontinued and end. Respectfully submitted, MICHAEL L. BANGS/? Attorney for Plaintiff ~/' 302 South lgth Street ~' Camp Hill, PA 17011 (717) 730-7310 Supreme Court ID #41263 Date: July 28, 2003