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HomeMy WebLinkAbout13-7635 Supreme Co 'e�nnsylvania COUP PCO.MM-0 Fleas For Prothonotary Use Only: l,r T AI ff Shet Docket No: _ a County 13 -7&3S (. vIi (elf? The information collected on this form is used solely for court administration purposes. This form does not supplement or replace the filing and service of pleadings or other papers as required by law or rules of court. Commencement of Action: S Complaint D Writ of Summons 1 Petition S 13 Transfer from Another Jurisdiction Declaration of Taking E C Lead Plaintiff's Name: Lead Defendant's Name: EVERETT CAH MUTUAL INSURANCE COMPANY SAWYERS KAMEL, ET AL. T Dollar Amount Requested: Dwithin arbitration limits I Are money damages requested? D Yes El No check one ) Doutside arbitration limits ;0 y N Is this a Class Action Suit? 0 Yes 0 No Is this an MDJAppeal? 0 Yes D No A Name of Plaintiff/Appellant's-Attorney: STEPHEN L. DUGAS, ESQUIRE D Check here if you have no attorney (are a Self- Represented [Pro Se] Litigant) Nature of the Case Place an "X" to the left of the ONE case category that most accurately describes your 4 PRIMARY CASE. If you are making more than one type of claim, check the one that f you consider most important. TORT (do not include Mass Tort) CONTRACT (do not include Judgments) CIVIL APPEALS D Intentional ❑ Buyer Plaintiff Administrative Agencies D Malicious Prosecution D Debt Collection: Credit Card D Board of Assessment Motor Vehicle Q Debt Collection: Other ❑ Board of Elections Nuisance Dept. of Transportation O Premises Liability N ! Statutory Appeal: Other S 0 Product Liability (does not include E mass tort) J Employment Dispute: D Slander/Libel/ Defamation Discrimination I C 0 Other: © Employment Dispute: Other D Zoning Board , Other: I D Other: O MASS TORT D Asbestos i ND Tobacco D Toxic Tort - DES Toxic Tort - Implant REAL PROPERTY MISCELLANEOUS D Toxic Waste ❑ Ejectment D Common Law /Statutory Arbitration B [3 Other: Eminent Domain /Condemnation X1 Declaratory Judgment C'a Ground Rent Mandamus i 0 Landlord/Tenant Dispute ❑ Non - Domestic Relations f U Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABLITY © Mortgage Foreclosure: Commercial Quo Warranto D Dental 0 Partition Ell Replevin D Legal D Quiet Title Other: D Medical 0 Other: D Other Professional: t Updated 1/1/2011 t 3 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA EVERETT CASH MUTUAL CIVIL ACTION - IN EQUITY INSURANCE COMPANY Plaintiff, No.: � -- 7�i 0,,,i'itTerrA V. SAWYERS KAMEL, SHIPPENSBURG SELECT DINER, LLC, DECLARATORY JUDGMENT WEEKEND WARRIOR SURPLUS, LLC and DGR PROPERTIES, LLC Defendants JURY TRIAL DEMANDED NOTICE TO DEFEND 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 to Join 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 PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 .<E �: a �`.•,�; (717) 249 -3166 4 in. r75 p p A rr� -e � ao S OS(, 0190850 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA EVERETT CASH MUTUAL CIVIL ACTION - IN EQUITY INSURANCE COMPANY Plaintiff, No.: V. SAWYERS KAMEL, SHIPPENSBURG SELECT DINER, LLC, DECLARATORY JUDGMENT WEEKEND WARRIOR SURPLUS, LLC and DGR PROPERTIES, LLC Defendants JURY TRIAL DEMANDED COMPLAINT FOR DECLARATORY JUDGMENT NOW COMES Plaintiff, Everett Cash Mutual Insurance Company, and by its attorneys Margolis Edelstein, files this Complaint for Declaratory Judgment, pursuant to the Declaratory Judgments Act, 42 Pa. C.S.A., Section 7531 et seq., whereof the following is a statement: 1. Plaintiff is Everett Cash Mutual Insurance Company, a Pennsylvania mutual insurance company with offices located at 10591 Lincoln Highway, Everett, PA 15537. 2. Defendant Sawyers Kamel (hereafter, "Kamel ") is an individual, with a business mailing address of 12 West King Street, Shippensburg, Cumberland County, PA 17257. 3. Defendant Shippensburg Select Diner, LLC (hereafter, "Diner ") is a limited liability corporation having its business address at 12 West King Street, Shippensburg, Cumberland County, PA 17257. 4. Defendant Weekend Warrior Surplus, LLC (hereafter, "Warrior ") is a limited liability corporation having its business address at 2 West King Street, Shippensburg, PA 17257. r 1 5. Defendant DGR Properties, LLC (hereafter, "DGR ") is a limited liabili corporation having its business address at 2 West King Street, Shippensburg, PA 17257. 6. On or about November 13, 2013, Warrior and DGR filed suit against Diner and Kamel in the Court of Common Pleas of Cumberland County, Pennsylvania, docketed to No. 13 6628 Civil. A copy of the said Complaint is attached hereto, marked "Exhibit A" and made aparl hereof. 7. In Count I of the Complaint aforesaid, Warrior and DGR seek compensatory damages from Kamel and Diner, alleging generally that Kamel and Diner failed to properly maintain a grease trap and plumbing connected to the Shippensburg Select Diner, resulting in waste water and effluent infiltrating into the basement of the building housing Weekend Warrior Surplus, 2 West King Street, Shippensburg, PA 17257 and damaging both real and personal property located there, causing financial loss. 8. In Count II of the Complaint, Warrior and DGR seek compensatory damages, punitive damages and attorney's fees for fraud, based upon allegedly intentional misrepresentations and false assertions made by Kamel and Diner. 9. At all times relevant to the foregoing, Diner was the Policyholder and Kamel was an Insured under a Policy of Insurance issued by Plaintiff, identified as Policy No. BOP12733, which provided, inter alia, Commercial Liability Coverages (Coverage L), under and subject to all terms, conditions, provisions and exclusions set forth in the said Policy. A copy of the relevant portions of the said Policy, as well as the Declarations in effect at the time is attached hereto, marked "Exhibit B" and made a part hereof. 10. Coverage L— Bodily Injury/Property Damage Liability, as specifically set forth in the policy, provides in relevant part as follows: r i "We" pay all sums which an "insured" becomes legally obligated to pay as "damages" due to ... "property damage" to which this insurance applies. The... "property damage" must be caused by an "occurrence" ... and the ... "property damage" must occur during the policy period. (BP200 Ed 1.0, Page 29 of 43). 11. The Policy at issue sets forth certain "Definitions ", as follows: 1. The words "you" and "your" mean the person, persons or organization named as the insured on the "declarations. 2. The words "we ", "us ", and "our" mean the company providing this coverage. 12. "Insured" means: c. "you" and all of "your" executive officers and directors, but only while acting within the scope of their duties, if shown on the "declarations" as an organization (other than a partnership of a joint venture.) It also includes "your" stockholders, but only for their liability as such. 16. "Occurrence" means an accident and includes loss from repeated exposure to similar conditions. 20. "Property damage" means: a. Physical injury or destruction of tangible property: or, b. the loss of use of tangible property whether or not it is physically damages. Loss of use is deemed to occur at the time of the "occurrence" that caused it. 22. "Terms" are all provisions, limitations, exclusions, conditions and definitions that apply to the Commercial Liability Coverage. 12. The said Policy also contains the following EXCLUSIONS" "We" do not pay for a loss if one or more of the following excluded events apply to the loss, regardless of other causes or events that contribute to or aggravate the loss, whether such causes or events act to produce the loss before, at the same time as, or after the excluded event. EXCLUSIONS THAT APPLY TO ... PROPERTY DAMAGE ... 8. "We" do not pay for... "property damage ": a. which is expected by, directed by, or intended by the "insured "; or b. that is the result of intentional and malicious acts of the "insured ". 10. "We" do not pay for: a.... "property damage" arising out of the actual, alleged, or threatened discharge, dispersal, seepage, migration, release, or escape of pollutants: 1) at or from any premises, site, or location which is, or was at any time, owned by, occupied by, rented to, or loaned to any "insured ", unless the ... "property damage" arises from the heat, smoke, or fumes of a fire which becomes uncontrollable or breaks out from where it was intended to be located; 2) 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; 3) which are or were at any time transported, handled, stored, treated, disposed of, or processed as waste by or for and "insured" or any person or organization for whom any "insured" may be legally responsible; or 4) at or from any premises, site, or location where any "insured" or any contractor or subcontractor, directly or indirectly under "your" control, is working: a) if the pollutants are brought on or to the premises, site, or location in connection with such work by such "insured ", unless the ... "property damage" arises from the heat, smoke, or fumes of a fire which becomes uncontrollable or breaks out from where it was intended to be located; or b) if the work is to text for, monitor, clean up, remove, contain, treat, detoxify, neutralize, or in any way respond to or assess the effects of pollutants. b. any loss, costs, or expense arising out of any: 1) request, demand, or order that any "insured" or others test for, monitor, clean up, remove, contain, treat, detoxify, neutralize, or in any way respond to or assess the effects of pollutants; or 2) claim or suit by or on behalf of any governmental authority relating to testing for, monitoring, cleaning up, removing, containing, treating, detoxifying, neutralizing, or in any way responding to or assessing the effects of pollutants. Pollutants means: a. any solid, liquid, gaseous, thermal, or radioactive irritant, or contaminant, including � 1 acids, alkalis, chemicals, fumes, smoke, soot, vapor and waste. Waste includes material to be disposed of as well as recycled, reclaimed, or reconditioned. 13. Inasmuch as all injuries and damages pleaded in Count I and Count II of th Complaint are alleged to have been caused by the discharge, dispersal, seepage, migration, release, or escape of pollutants, to wit, grease, water or other effluents coming from Diner's grease trap, the same are specifically and completely excluded from any coverage afforded under the Policy at issue. 14. Inasmuch as the entire cause of action pleaded in Count II of the Complaint does not constitute an "occurrence" as defined in the Policy at issue, Plaintiff has no obligation to defend or indemnify Kamel or Diner against any damages sought therein. 15. Inasmuch as there is no coverage afforded to Kamel or Diner for the injuries or damages alleged to have been sustained by Warrior or DGR, or in the alternative because any injuries or damages allegedly sustained are excluded against coverage, Plaintiff has no obligation arising out of the said Policy to defend or indemnify Kamel or Diner in the suit filed to No. 13- 6628 in the Court of Common Pleas of Cumberland County, Pennsylvania. 16. Pursuant to Section 7533 of the Declaratory Judgments Act, 42 Pa. C. S. A., Section 7533, any party of interest under a written contract, or whose rights, status or other legal relations are affected by a contract may have determined any question of construction or validity arising under the contract and obtain a declaration or rights, status or other legal relations thereunder. WHEREFORE Plaintiff requests This Honorable Court to issue a declaration as to the rights of the parties pursuant to the said Declaratory Judgments Act, including, but not limited to the following: r S a. For a declaratory judgment decreeing that Plaintiff has no obligation to defen Kamel or Diner under Insurance Policy No. BOP12733 for any claims set forth i the Complaint filed against them to the said Civil Action; and b. For a declaratory judgment decreeing that under the aforesaid insurance policy, Plaintiff has no obligation to indemnify Kamel or Diner under Insurance Policy No. BOP 12733 for any claims set forth in the Complaint filed against them to the said Civil Action; and C. Such other relief as the Court deems just and proper. r MARE LIS EDELSTEIN 1 By. Stephen'T. Dugas, F�quire' Attorney& Plaintiff PA. I.D. #21351 P.O. Box 628 Hollidaysburg, PA 16648 (814) 695 -5064 Fax: (814) 695 5066 VERIFICATION 1, Sallie Bonchi, duly authorized representative of Everett Cash .Mutual Insurance Company verify that the statements contained in the foregoing Complaint for Declaratory Judgment are true and correct to the best of my knowledge, information and belief To the extent the information was supplied to me by counsel, I am relying on unsel to make this verificati co ion. This statement is made subject to the penalties of 18 Pa. C.S.A., Section 4904, relating to unswom falsification to authorities, Which provides that if I knowingly make. false averments I may be subject to criminal penalties. Sallie Boncl i -- 5 Date- s 257 LINCOLN WAY. EAs r A .CHAMBERS©t1IiC, PA 17201 -2294 (717) 263 - 8449. : IN THE COURT OF COMMON PLEAS OF THE NINTH JUDICIAL DISTRICT OF PENNSYLVANIA Weekend Warrior Surplus, LLC and Civil Action c~ DGR Properties, LLC, G Plaintiffs mr� V. Docket No: Ln y. Co Shippensburg Select Diner, LLC and •� �n o� , Sawyers Kamel, c Defendants- Judge: 00 NOTICE You .have been sued in Court. If you wish to defend against the claims set forth In the following page, 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 fling 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 claims or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania Telephone Number: 249 -3166 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans With Disabilities Act of 1990, For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact the office of the Court Administrator. All arrangements must be made at least 72 hours prior to any hearing or business before the Court. You must attend the scheduled conference or hearing. CARPE & SHARPE, LLP A TTDRms AT LAW 257 U=ln Way East :JwmbmbuM PA 17101 {717) 26M447 TRU Crrtpy F(7.rlr, !n TszVrnony vv- i reo, =, 1 hire urlto set my hand and ii.o V.-1 Gi —i ilJCt 6t is . pd.' This dsy o; rVOV. 70 EXHIBIT �—� �o 4j, ...... ......... _._ _....._......._... IN THE COURT OF COMMON PLEAS OF THE NINTH JUDICIAL DISTRICT OF PENNSYLVANIA Weekend Warrior Surplus, LLC and Civil Action DGR Properties, LLC, Plaintiffs V. Docket No: Shippensburg Select Diner, LLC and, Sawyers Kamel Defendants Judge: COMPLAINT NOW COMES the Plaintiffs, Weekend Warrior Surplus, LLC and DGR Properties, LLC, by and through their attorneys, Sharpe & Sharpe, LLP, and file a complaint against Defendants, Shippensburg Select Diner, LLC and Sawyers Kamel, on the following cause of action: 1. Plaintiffs are Weekend Warrior Surplus, LLC (hereinafter "Weekend Warrior "), a Pennsylvania Limited Liability Company, and DGR Properties, LLC (hereinafter "DGR Properties "), a Pennsylvania Limited Liability Company, both with a business address located at 12 West King Street, Shippensburg, PA 17257. 2. Defendants are Shippensburg Select Diner, LLC (hereinafter "Select Diner "), a Pennsylvania Limited Liability Company, and Sawyers Kamel a sui juris adult both with a business address located at 2 West King Street, Shippensburg, Pennsylvania 17257. 3. Plaintiff, Weekend Warrior, at all times pertinent hereto is engaged in the retail sale of military surplus, antiques, and related outdoor merchandise. Plaintiff, DGR Properties, at all times pertinent hereto is engaged in the business of property rentals and is the landlord for # rental units located on the second story of Plaintiff's ARPE & SHARPE, LLP property. ATTom Y5 AT LAw 257 Lincoln Way East 'hombersbarg, PA 17201 (717) 263 -8447 4. Defendant, Select Diner, at all times pertinent hereto is engaged in the business of operating a Diner -style restaurant. Defendant, Sawyers Kamel, represented himself as the owner and manager of Select Diner. 5. On or about June 13, 2013, Plaintiffs notice a putrid smell coming from the basement of their building and upon investigation, discovered an oily liquid discharge filling their basement. 6. Plaintiffs contracted licensed plumber, Tim Gruver, to investigate the cause of the discharge in their basement. The plumber concluded the discharge was coming from the area of the basement adjacent to neighbor, Select Diner, and that the discharge was grease and water from Defendants' grease trap. 7. Plaintiff, Weekend Warrior, was forced to unexpectedly close their retail operation for the week of June 17 as a result of the discharge in the basement, the damage to their inventory, and the offensive smell that permeated up into the first floor of their building. Plaintiff, DGR Properties, was forced to provide notice to its tenants and immediately take reasonable measures to mitigate the smell in order to conform to Pennsylvania's Landlord/Tenant habitability laws. 8. On or about June 18 Plaintiffs informed Shippensburg Borough of the leak per their plumber's recommendation and they sent two representatives, Wade Farrier and Rodney Clever, to investigate, The Borough representatives met with Plaintiffs, Plumber Tim Gruver, and Defendants at Select Diner and decided to put pink dye in Defendants" grease trap to see if the discharge could be traced. ARPE & SHARPE, LLP ATTORNEYS AT LAw 257 Lluala Way Emit :hambenbufg. PA 17201 (717) 263.8447 9. Shortly after the Borough put the dye in the grease trap, Defendant Sawyers Kamel, contacted, LLC & Wingert Sanitary Services for the purpose of immediately coming to pump the excess grease and the Borough's dye out of Defendants' grease trap. 10. Upon discovering Defendants' attempt to intentionally obstruct the Borough's investigation, Shippensburg Borough Code Enforcement Officer, Bill Gardiner, ordered Defendants to contact Chamberlin & Wingert Sanitary Services, LLC to return to the location and fill the grease trap with water so the borough could again put dye in Defendants' grease trap to ascertain the cause of Plaintiffs' damage. 11. On or about July 19, 2013, Shippensburg Borough Code Enforcement Officer, Bill Gardiner, returned to Plaintiffs' property to inspect the discharge in the basement. Mr. Gardiner discovered the dye in the basement and concluded that Defendants' grease trap was not functioning properly and was the actual cause the leak that damaged Plaintiff. The Borough gave Defendants 72 hours in order to replace the grease trap. During this time, Defendants chose to continue daily operations in Select Diner rather than temporarily close to mitigate further damage to Plaintiff. 12. On or about June 22, 2013, Chamberlin & Wingert Sanitary Services, LLC installed a new grease trap for Defendants. 13. On or about June 25, 2013, Plaintiffs hired Servpro to begin cleaning the grease and water damage. During that week the discharge of water into Plaintiffs' basement began to increase noticeably.. Plaintiffs purchased materials from Lowe's Home Improvement Store to. catch and drain the increasing water in order to mitigate A , E g SHARPS UP further damage. Plaintiff also rented mitigation equipment from Servpro which was ATroomsATLAm left at the premises to run twenty four hours a day. 257 Lh=ln Way Eat :hambmbsrg. PA l720I M 7) 263.8447 14. On or about June 27 Plaintiff contacted the Borough regarding the visible increasing water flow suspecting it was again coming from Defendants. The Borough responded by sending Water Authority and Sewer Authority representatives to investigate the matter. It was determined that Select had a water leak on their property and the Borough sent a Letter of urgency to Defendants demanding that the problem is fixed immediately and informing Defendants of their responsibility for Plaintiffs damages. A true and correct copy of the Letter is attached hereto as Exhibit "A" and hereby incorporated herein by reference. 15. On or about July 5 Defendants had still not yet made efforts to rectify the problem. As a result, Shippensburg Borough again sent Dave Koser & Rodney Clever to dump green dye in all of Defendants' drains. A couple minutes after, the same green dye was evident being pumped out of the sump pumps located in Plaintiffs' basement, which at this time are constantly running to combat the constant flow of water coming into Plaintiffs' basement. 16. Upon discovering the green dye, Bill Gardiner gave approval to Defendants' plumber, Randy Heck, to temporarily fix the problem by running a bypass line from the drains directly into the borough sewer line in an attempt to prevent further damage to Plaintiffs. 17. On or about July 9 Plaintiffs were informed by Code Enforcement officer, Bill Gardiner, that Defendants would finally be closed while the repair work was being. done on the pipes. Subsequent to the initial discovery, they identified several more major leaks in Defendants' pipes. The subsequent work was performed by Roto Rooter, due to Chamberlin & Wingert Sanitary Services, LLC unwillingness to perform more work for Defendants due to payment disputes. %RPE & SHARPE, LLP ATToww AT LAW 257 Lincoln Way East hambeT36 g, PA 17241 (717) 263.8447 18. On or about, July 25 Defendants' insurance company, Everett Cash Mutual Insurance Company, sent a letter addressed to Defendants and copying Plaintiffs, informing Defendants' that their insurance will not cover the damages incurred by Plaintiffs. This determination is contrary to assurances made by Defendant, Sawyers Kamei, to Plaintiffs' that his insurance would cover all the damages incurred by Plaintiffs. 19. On or about, September 26, Plaintiffs, through counsel, sent Defendants a demand for the damages Plaintiffs sustained as a result of Defendants' conduct. A true and correct copy of the Letter is attached hereto as Exhibit 11 13" and hereby incorporated herein by reference. 20. To date, Defendants have failed to speak with Plaintiffs or Plaintiffs' counsel in response to the demand letter to mutually resolve the dispute. Instead, Defendants' forwarded the information to their insurance company. 21. On or about October 7 Defendant's insurance company, Everett Cash Mutual Insurance Company, through counsel, sent a letter to Plaintiff, copying Defendants, to again state that the damages sustained by Plaintiffs is not covered in Defendants' insurance policy and that Defendants would be liable for the damages. A true and correct copy of the Letter is attached hereto as Exhibit "C" and hereby incorporated herein by reference. 22. Defendants again failed to communicate to Plaintiffs' subsequent to the determination letter sent to both parties by Everett Cash Mutual Insurance Company. WE & SMRPE, UP Anomm AT LAw 257 Unman Way East hamberfbum PA 17201 (7171 263 -8447 r r COUNT I — DAMAGES 23. Paragraphs 1 through 22 of this Complaint are incorporated by reference herein and as though listed in their entirety. 24. As a result of Defendants failure to properly maintain their grease trap and plumbing, Plaintiffs suffered a number of economic damages and expenses for which they demand reimbursement. 25. Plaintiff, Weekend Warrior, can account for $9,752.34 in destroyed merchandise which was stored in Plaintiffs basement. 26. Plaintiffs were required to rent a storage unit to store merchandise and other personal property in order to mitigate further damage. The cost of which to rent and move the personal property totaled $4,419.00. 27. Plaintiffs were required to contract with Servpro, a mold and water damage mitigation, cleanup, and repair company in order to remove damaged portions of Plaintiffs' real property and to assist in water removal, drying, and cleaning of Plaintiffs' basement. At this time, the total bill for Servpro is $9,893.48. 28. Plaintiffs incurred other miscellaneous damages attributable to damage to their real property, inspection costs, pest control, replacement sump pumps, and out A ; m s AT L A W ` of pocket expenses to mitigate Plaintiffs' damages. These receipts total $1,523.43. 157 vncok Warr East iambersbar& PA 17201 (111) 263 -8447 29. Plaintiffs were forced to close their business for one (1) week's time while Defendants refused to close their business while the leak was occurring. Plaintiffs estimate their loss of sales for that week based on average annual sales to be approximately $5,535.00. WHEREFORE, Plaintiffs respectfully request this Court grant judgment in favor of Plaintiff for reimbursement for Plaintiffs' damages as a result of Defendants' failure to properly maintain their grease trap and plumbing in the amount of $31,123.25. COUNT II- FRAUD 30. Paragraphs 1 through 29 of this Complaint are incorporated by reference herein and as though listed in their entirety. 31. Plaintiff believes and therefore avers that Defendant, Sawyers Kamel, knew or should have known that the Shippensburg Borough places the dye in Defendants' grease trap for the purpose of identifying the actual cause of Plaintiffs' damage. 32. Plaintiff believes and therefore avers that Defendant knowingly directed Chamberlin & Wingert Sanitary Services, LLC to pump the dye and excess grease from Defendants' grease trap immediately after the Shippensburg Borough representatives left the premises with the willful intent to conceal the suspected source of Plaintiffs' damage by hampering the Borough's investigation. WE SHARPE, LLP Armams AT LAw 257 Lhwain Way E= hambenbur& PA 17201 (717) 263.8447 33. As a direct result of Defendant, Sawyer Kamel's, actions; Plaintiffs suffered additional damages resulting from the unnecessary delay in the Borough's investigation into the source of the leak and discharge onto Plaintiffs' property. If not for the actions of Defendant, Sawyer Kamel, the aggregate damage suffered by Plaintiffs could have been significantly mitigated. 34. Plaintiff believes and therefore avers that Defendants, Sawyers Kamel and Select Diner, knew or should have known that their insurance policy through Everett Cash Mutual Insurance Company would not cover Plaintiffs' damages. 35. Plaintiff and Defendant both received an initial determination letter as early as July 25 stating based on the facts known at the time Defendants' insurance would not cover the damage. 36. Plaintiff and Defendant again received a letter, previously referred to as Exhibit C, from Defendant's insurance through their counsel that Defendants' insurance would not cover this damage. 37. Plaintiff believes and therefore avers that Defendant, Sawyers Kamel intentionally misrepresented the coverage of his insurance policy to Plaintiffs beginning on June 19th with the intentions of delaying Plaintiffs' demand or initiation of legal action against Defendants. 38. kME & SHAME, LIP Plaintiffs relied on Defendant, Sawyer Kamel's, false assertions regarding his ArrommATLAm insurance coverage and refrained from demanding reimbursement for their costs 257 Unobs Way E= incurred as a result of the discharge and leak. iambeTAwi, rA 17201 g (717) 263 -8447 39. This delay has caused Plaintiffs' to lose subsequent business opportunities due to having to bear the burden of covering the cost of Plaintiffs' damages attributable to Defendants. 40. Defendants' fraud is so egregious that Defendants' should be required to reimburse Plaintiffs for their reasonable attorney's fees and costs of this action. 41. Defendants' indifference towards the continued damage being caused to Plaintiffs businesses and property and their attempts to delay and frustrate its investigation are so outrageous that Plaintiffs should be entitled to punitive damages against Defendants. WHEREFORE, Plaintiffs respectfully requests the Court grant judgment against Defendants in the sum of $31,123.25, plus simple interest afforded under law, costs of this action, reasonable attorney's fees, and punitive damages as the Court deems fit. SURPE HARPE , LLP By: Lawrence R. Rife, IV, Esq. Attorney for Plaintiff 257 Lincoln Way East Chambersburg, PA 17201 (717)263 -8447 PA Bar ID #312976 ARPE $HARPE, LLP AttomMEn AT LAW 257 Lincoln Wray Eau :hambersbu% PA 17301 (717) 263.8447 f f Verification I hereby verify that the facts set forth in the foregoing instrument are true and correct to the best of my knowledge, information and belief, and that I make this verification subject to the penalties of 18 Pa.C.S. 4904 relating to unsworn falsification to Authority, as authorized by the Judicial Code and Pennsylvania Rules of Civil Procedure. Weekend Warrior Surplus, LLC Date: Member DGR Properties, LLC Date: Member 4RPE & SHARPE. UP Anoamem AT LAm 157 Linroln Way East 'hambertbnrg, PA 17101 (717) 263.8447 Everett Cash Mutual Insurance Co. 10591 Lincoln Highway, Everett, PA 15537 Business Owners Policy DECLARATIONS Policy Period Policy # BOP12733 06/06/2013 to 06/06/2014 12:01 A.M. Standard Time POLICYHOLDER YOUR AGENT Shippensburg Select Diner LLC D /B /A Shippensburg S Carlisle Insurance Services 2 W King Street 1 Valley Street Suite #101 Shippensburg, PA 17257 Carlisle, PA 17013 Phone Number: (717)241 -5995 * * ** ATTACH THIS RENEWAL CERTIFICATE TO YOUR ORIGINAL POLICY * * ** ENERAL LIABILITY COVERAGES LIMITS ENERAL LIABILITY AGGREGATES LIMITS L. Bodily Injury, Property Damage 1,000,000 Each Occurrence Aggregate Other Than Products /Completed Work 2,000,000 M. Medical Payments 5,000 Per Person Aggregate Limit For Products /Completed Work 1,000,000 N. Products /Completed Work 1,000,000 Each Occurrence O. Fire Legal Liability 100,000 Each Occurrence Insured Type: Limited - Liability Total Policy Premi'u P. Personal Injury/Advertising Injury 1,000,000 Each Occurrence Loss Free:4 Years $4,085 Terrorism "Certified Acts" Premium: $109 Equipment Breakdown Premium: $277 Item #1 Item Desc.: Diner Location: 2 W King St, Shippensburg, PA 17257 Class Code: 50000 Protection: Protected Construction: Frame Sprinklered: No County: CUMBERLAND Year: 1975 Sq Foot Area: 2,898 Non Owned Auto: No Territory: 040 Occupancy: Owner 3 % Automatic Increase on Building & Hired Auto: No Coverage Limits Business Personal Property Annually A. Building Property 463,500 WITH Replacement Cost Equipment Breakdown Deductible: 1000 B. Business Personal Property 103,000 WITH Replacement Cost - Includes Theft Item #1 Deductible: 1000 C. Loss of Income Actual Loss Sustained. Item #1 Employee Dishonesty 15000 Premium: $3,699 Money & Securities 10000 on /10000 Outdoor Signs 5,000 Exterior Glass Coverage Included Additional Fonns & Coverages AUTHORIZ REPRESENTATIVE BP -327 (1.1) Spoilage Coverage Coverage $10000 BU -801 (0702) Customer's Property (Bailee's Exposure) Coverage $5000 BP -330 (1.0) Water Damage Coverage - Backup of Sewers & Drains Coverage $5000 BP -321 (2.0) Ordinance or Law Extension Coverage $46350 / Type: Both Issued Date EXHIBIT 04/22/2013 DUPLICATE COPY p HP - ALIT D 9 Everett Cash Mutual Insurance Co. 10591 Lincoln Highway, Everett, PA 15537 Business Owners Policy DECLARATIONS Policy Period Policy # BOP12733 06/06/2013 to 06/06/2014 12:01 A.M. Standard Time POLICYHOLDER YOUR AGENT Shippensburg Select Diner LLC D /B /A Shippensburg S Carlisle Insurance Services 2 W King Street 1 Valley Street Suite #101 Shippensburg, PA 17257 Carlisle, PA 17013 Phone Number: Protective Devices Automatic Extinguishing System Fire Department Service Charge - Increased to $5,000 per occurrence/ Fire Extinguisher Recharge - 11,500 per Occurrence Addl Insured Route 15 Diner Inc 34 Teabeny Drive Carlisle PA 17015 Forms Applicable to Item # 1 BP- 200(1.0); BP0620(0199); BU860(0702); BP- 331(1.0); BP0750(0108); CL1045(0108); BP0650(0300); BP0663(1299); GL- 890(2.0); ML- 120(2.0); GL- 894(2.0); GL- 899(2.0); BP0676(0602); BP0678(0602); BP0680(0602); BP- 337(1.1); BP- 309(1.0); BP0360(0703); BP0856(0909); BP0335(1006); BP0850(1006); BP0736(0104); BP0839(1005); BP0838(1005); BP0734(0104); BP0858(0909) Issued Date 04/22/2013 DUPLICATE COPY HP - AUT Everett Cash Mutual Insurance Co. 10591 Lincoln Highway, Everett, PA 15537 Policy # BOP12733 ADDITIONAL DECLARATIONS SCHEDULE OF SECURED PARTIES FOR Shippensburg Select Diner Llc D /b /a Shippensburg S Policy Term: 06/06/2013 to 06/06/2014 Secured Party Type Mortgagee Route 15 Diner Inc. 34 Teaberry Drive Carlisle, PA 17015 Secured Party Type Mortgagee Members 1st FCU Attn: Business Lending 5000 Louise Dr Mechanicsburg, PA 17055 Issued Date 04/22/2013 DUPLICATE COPY HP - ALIT ♦ 4 AAIS BP -200 Ed 1.0 Page 1 of 43 BUSINESSOWNERS SPECIAL POLICY TABLE OF CONTENTS Agreement......................................................................................... ............................... P?ge CommonPolicy Conditions ................................................................ ..............................2 Property Coverage Section Definitions........................................................................................ ..............................3 PropertyCovered ............................................................................. ..............................4 CoverageA — Buildings ............................................................. ..............................4 Coverage B — Business Personal Property ............................... ..............................4 PropertyNot Covered ................................................................ ..............................5 Additional Property Excluded and Limitations ........................... ..............................5 AdditionalCoverages ................................................................. ..............................6 Extensionsof Coverage ............................................................. ..............................8 CoverageC — Loss Of Income ........................................................ ..............................9 Earnings..................................................................................... ..............................9 ExtraExpenses .......................................................................... ..............................9 ExclusionsAnd Limitations ....................................................... .............................10 Supplemental Loss Of Income Coverages ............................... .............................10 PerilsCovered ................................................................................. .............................11 PerilsExcluded ...............................:............................................... .............................11 AdditionalExclusions ...................................................................... .............................13 What Must Be Done In Case Of Loss ............................................. .............................15 Valuation Of Property Losses ......................................................... .............................16 HowMuch We Pay .......................................................................... .............................17 LossPayment ................................................................................. .............................18 Other Property Coverage Conditions .............................................. .............................18 OptionalProperty Coverages .......................................................... .............................20 Commercial Liability Coverage Section Definitions....................................................................................... .............................25 PrincipalCoverages ........................................................................ .............................29 Coverage L — Bodily Injury Liability/Property Damage Liability .............................29 Coverage M — Medical Payments ............................................. .............................29 Coverage N — Products/Completed Work ................................ .............................29 Coverage O — Fire Legal Liability ............................................. .............................29 Coverage P — Personal Injury Liability/Advertising Injury Liability .........................30 Supplemental Coverages ............................................................... .............................30 DefenseCoverage .......................................................................... .............................32 Exclusions...................................................................................... .............................32 Additional Exclusions That Apply To Personal Injury and /or Advertising Injury ..........35 Additional Exclusions That Apply To Property Damage Liability .... .............................36 Additional Exclusions That Apply To Medical Payments ................ .............................37 What Must Be Done In Case Of Loss ............................................. .............................38 HowMuch We Pay .......................................................................... .............................38 Conditions....................................................................................... .............................39 Nuclear Energy Liability Exclusion .................................................. .............................41 Nuclear Energy Liability Exclusion Definitions ................................ .............................42 Endorsements may also apply. They are identified on the "declarations" page. Refer to the Definitions for words that have special meanings. These words are shown in quotation marks or bold type. AGREEMENT Subject to all the "terms" that apply, and in return for "your" payment of the required premium, "we" provide the coverages described in this policy during the policy period. AAIS BP -200 Ed 1.0 Page 2 of 43 COMMON POLICY CONDITIONS This Common Policy Conditions Section 5. Cooperation — In case of loss, "you" must contains additional "terms" that apply to all coope .rate fn performing all acts required by coverages provided by this policy. phis policy: 1. Assignment — This policy may not be 0 Examination of Books and Records assigned without our written consent. "Wa" may examine'and'audit "your" books and records ~relate to this policydunng 2. Cancellation — "You" may cancel this policy .4he policy period and within three years after by returning the policy to "us" or by giving the policy has expired. "us" a written notice and stating at what future date coverage is to stop. 7. Inspections — "We" have the right, but are not obligated, to inspect "your" property and "We" may cancel this policy, or one or more operations at any time. This inspection may of its parts, by written notice sent to "you" at be made by "us" or may be made on "our" "your" last mailing address known to "us ". If behalf. An inspection or its resulting advice notice of cancellation is mailed, proof of or report does not warrant that "your" mailing will be sufficient proof of notice. property or operations are safe, healthful, or in compliance with laws, rules, or If "we" cancel this policy for nonpayment of regulations. Inspections or reports are for premium, "we" will give "you" notice at least "our" benefit only. ten days before the cancellation is effective. If "we" cancel this policy for any other 8. Liberalization — If "we" adopt a revision of reason, "we" will give "you" notice at least forms during a policy period which broadens 30 days before the cancellation is effective. this policy without additional premium, the The notice will state the time that the broadened coverage will automatically apply cancellation is to take effect. to this policy. This also applies if "we" adopt the revision within 60 days before this policy "Your" return premium, if any, will be is effective. calculated according to "our" rules. It will be refunded to "you" with the cancellation 9. Misrepresentation, Concealment, or notice or within a reasonable time. Payment Fraud — This coverage is void as to "you" or tender of the unearned premium is not a and any other "insured" if, before or after a condition of cancellation. loss: 3. Change, Modification, or Waiver of Policy a. "you" have or any other "insured" has Terms — A change or waiver of "terms" of willfully concealed or misrepresented: this policy must be issued by "us" in writing to be valid. 1) a material fact or circumstance that relates to this insurance or the 4. Conformity With Statute — "Terms" of this subject thereof; or policy, in conflict with the statutes of the 2) the "insured's" interest herein; or state where the premises described are located, are amended to conform to such b. there has been fraud or false swearing statutes. by "you" or any other "insured" with regard to a matter that relates to this insurance or the subject thereof. AAIS BP -200 Ed 1.0 Page 3 of 43 PROPERTY COVERAGES This Property Coverage Section contains the 8. "Restoration period" means the time it definitions, coverage descriptions, perils, should reasonably take to resume "your" exclusions, limitations, and conditions that apply normal business activities at the described to Businessowners Property Coverages. premises starting from the date of loss caused by a covered peril, and ending on the date the property should be rebuilt, DEFINITIONS repaired, or replaced. This is not limited by the expiration date of the policy. 1. "You" and "your" mean the persons or This does not include any increase in time organizations named as the insured on the due to the enforcement of any ordinance, "declarations ". law, or decree that regulates or requires: 2. "We ", "us ", and "our" mean the company a. the construction, use, repair, or providing this coverage. demolition of any property; 3. "Basic territory" means the United States of b. the testing, evaluating, observing, or America, its territories and possessions, recording the existence, level, or effects Canada, and Puerto Rico. of "pollutants "; or 4. "Declarations" means all pages labeled c. the clean up, removal; containment, declarations, supplemental declarations, or treatment, detoxification, or schedules, which pertain to this policy. neutralization of "pollutants ". 5. "Limit" means the amount of coverage that 9. "Securities" means negotiable and applies. nonnegotiable instruments representing either "money" or other property. This 6. "Money" means currency, coins, bank notes includes tokens, tickets, revenue, or other in current use; and traveler's checks and stamps in current use, and evidences of money orders held for sale. debt used in connection with credit cards, but does not include "money". 7. "Pollutant" means: 10. "Sinkhole collapse" means the sudden a. any solid, liquid, gaseous, thermal, or settlement or collapse of earth supporting radioactive irritant or contaminant the covered property into subterranean including acids; alkalis, chemicals, voids created .:by the action of water on a fumes, smoke, soot, vapor, and waste. limestone or similar rock formation. It does Waste includes materials to be disposed not include the value of the land or the cost of as well as recycled, reclaimed, or of filling sinkholes. reconditioned. 11. "Specified perils" means. aircraft; civil b. electrical or magnetic emissions, commotion; explosion; falling objects; `fire; whether visible or invisible, and sound hail; leakage from fire= extinguishing emissions. equipment; lightning; riot; "sinkhole collapse' smoke; sonic boom; vandalism; et i ' djps r ' "volcanic action% water damage; weight" ice, snow, or sleet; and windstorm, all except as excluded or limited. AAIS BP -200 Ed 1.0 Page 4 of 43 Falling objects does not include loss to 4. personal property owned by "you" and used personal property in the open or to the to maintain or service the described interior of buildings or structures or personal premises, including air - conditioning property inside buildings or structures equipment; fire extinguishing apparatus; unless the exterior of the roof or walls are outdoor furniture; floor coverings; and first damaged by a falling object. appliances for refrigerating, cooking, dish washing, and laundering; Water damage means the sudden or accidental discharge or leakage of water or 5. if not covered by other insurance: steam as a direct result of breaking or cracking of a part of the system or appliance a. additions under construction, alterations, containing the water or steam. and repairs to the building or structure; and 12. "Terms" means all provisions, limitations, exclusions, conditions, and definitions that b. materials, equipment, supplies, and apply. temporary structures, on or within 100 feet of the described premises, used for 13. "Volcanic action" means airborne volcanic making additions, alterations, or repairs blast or airborne shock waves; ash, dust, or to the building or structure; and particulate matter; or lava flow. It does not include the cost to remove ash, dust, or 6. "your" personal property in apartments or particulate matter that does not cause direct rooms furnished by "you" as landlord. physical loss to the covered property. COVERAGE B — BUSINESS PERSONAL PROPERTY COVERED PROPERTY This means "your" business.personal property in "We" cover direct physical loss to property the buildings and structures described on the vered under COVERAGE A aril COVERAGE "declarations" or in the open (or in vehicles) on used by a covered peril. � or within 100 feet of the described premises and for which a "limit" is shown on the "declarations ". COVERAGE A — BUILDINGS This includes: This means buildings and structures for which a 1. "your" interest in personal property of others "limit" is shown on the "declarations ". This in "your" care, custody, or control, to the includes: extent of "your" legal liability,. plus the cost of "your" labor, material, and services; and 1. completed additions; 2. "your" use interest as tenant in 2. fixtures, machinery, and equipment which improvements to the described building or are a permanent part of the described structure. Improvements are fixtures, building or structure; alterations, installations, or additions: 3. outdoor fixtures; a. to a building or structure "you" occupy but do not own; and b. made or acquired at "your" expense and which cannot be legally removed by "YOU". AAIS BP -200 Ed 1.0 Page 5 of 43 PROPERTY NOT COVERED 8. Vehicles and Aircraft — "We" do not cover aircraft or vehicles or self - propelled The property described below is not covered machines required to be licensed for use on under Coverage A — Buildings or Coverage B — public roads. Business Personal Property. Limited coverage for some of the property described below is 9. Watercraft — "We" do not cover watercraft included under Additional Coverages or (including their motors, equipment, or Extensions of Coverage. accessories) while afloat. 1. Antennas, Fences, and Signs — Except as ADDITIONAL PROPERTY EXCLUDED AND provided under Additional Coverages, "we" LIMITATIONS do not cover outdoor: The exclusions and limitations described below a. radio, television, satellite, dish -type, or apply to Coverage A and Coverage B. other antennas or their masts, towers, or lead-in wiring; 1. Boilers — "We" do not cover loss to steam boilers, steam pipes, steam turbines, or b. fences; or steam engines caused by any condition or occurrence within such equipment. "We" do c. signs. cover loss to such equipment caused by the explosion of gas or fuel in a firebox, 2. Bullion —"We" do not cover bullion. combustion chamber, or flue. 3. Contraband — "We" do not cover "We" do not cover loss to hot water boilers contraband or property in the course of or water heaters caused by any condition or illegal transportation or trade. occurrence within such equipment other than explosion. 4. ` i d', Water, Growing Crops, or Lawns — "We" do not cover:; 2. Furs — "We" do not cover more than $2,500 total in any one occurrence for loss by theft a. land, including land on which the of furs or fur garments. property is located; 3. Glass Breakage —"We" do not cover b. underground or surface water; or building glass breakage (other than glass building blocks) for more than $100 for any c.. growing crops or lawns. plate, pane, multiple plate insulating unit, heating pane, jalousie, lower, or shutter, or 5. Lottery Tickets — "We" do not cover lottery more than $500 in any one occurrence. tickets not held for sale. These "limits" do not apply to loss by a "specified peril" other than vandalism. 6. Money and Securities — "We" do not cover lottery tickets not held for sale, "money", or 4. Glassware/Fragile Articles —"We" do not "securities ". cover breakage of fragile articles such as glassware, statuary, porcelains, and bric -a- 7. Trees, Shrubs, and Plants — Except as brac, except as a result of a "specified peril ". provided under Extensions of Coverages, This does not apply to glass that is a part of "we" do not cover trees, shrubs, plants, or a building or structure; bottles or other grain, hay, straw, or other crops, when containers held for sale; or lenses of outdoors. photographic or scientific instruments. f J AAIS BP 200 Ed 1.0 Page 6 of 43 5. Jewelry, Watches, Jewels, Pearls, d. weight of people or business personal Precious Stones, and Metals —"We' do property; not cover more than $2,500 total in any one occurrence for loss by theft of jewelry; e. weight of rain that collects on a roof, or watches; watch movements; jewels; pearls; precious, or semi - precious stones; gold, f. the use of defective materials or silver, or other precious metals; or items methods in construction, remodeling, or consisting primarily of precious metals. This renovation if the "collapse" occurs limitation does not apply to jewelry or during the course of the construction, watches worth $100 or less per item. remodeling, or renovation. 6. Missing Property —"We" do not cover If otherwise covered under the Property missing property where the only proof of Coverages, "we" do not pay for loss to the loss is unexplained or mysterious following types of property under items b. disappearance, shortage discovered on through f. above, unless the loss is a direct taking inventory, or other instance where result of the collapse of a building or there is no physical evidence to show what structure: happened to the property. outdoor radio, television, satellite, dish - 7. Patterns, Dies, Molds, Models, and Forms type, or other antennas including their — "We" do not cover more than $2,500 total masts, towers, or lead -in wiring; outdoor in any one occurrence for loss by theft of awnings or canopies or their supports; patterns, dies, molds, models, or forms. fences; gutters or downspouts; yard fixtures; outdoor swimming pools; piers, 8. Personal Property in the Open —"We" do wharves, or docks; beach or diving not cover loss to personal property in the platforms or appurtenances; retaining open caused by rain, snow, ice, or sleet. walls; foundations; or walks, roadways, or other paved surfaces. ADDITIONAL COVERAGES Collapse does not include settling, cracking, "We" provide the following additional. property shrinking, bulging, or expanding. coverages. This does not increase the "limit" for the Unless otherwise stated, each additional covered property. coverage is an additional amount of insurance. 2. Debris Removal — "We" cover the cost to 1. Collapse —"We" pay for loss caused by remove the debris of covered property that direct physical loss involving collapse of a is caused by a covered peril. This coverage building or structure or any part of a building does not include costs to: or structure caused only by one or more of the following: a. extract "pollutants" from land or water; or a. a "specified peril "; all only as covered in b. remove, restore, or replace polluted land the Property Coverages; or water. b. hidden decay; "We" do not pay any more under this c. hidden insect or vermin damage; coverage than 25% of the amount "we" pay for the direct physical loss. "We" do not pay AAIS BP -200 Ed 1.0 Page 7 of 43 more for loss to property and debris removal 5. Pollutant Clean Up and Removal — ".We" combined than the "limit" for the damaged pay "your" expense to extract "pollutants" property. from land or water at the described premises if the discharge, dispersal, seepage, However, 'live" pay an additional amount of migration, release, or escape of the debris removal expense up to $5,000 when "pollutants" is caused by a covered peril that the debris removal expense exceeds 25 % of occurs during the policy period. the amount "we" pay for direct physical loss or when the loss to property and debris "We" pay the cost of testing, evaluating, removal combined exceeds the "limit" for the observing, or recording the existence, level, damaged property. or effects of "pollutants" only when the expense of extracting the "pollutants" is "Vile" do not pay any expenses unless they covered by this Additional Coverage. are reported to "us" in writing within 180 days from the date of direct physical loss to The most "we" pay for each described covered property. premises is $10,000 for the sum of all such expenses arising out of a covered peril 3. Fire Department Service Charges —"We" occurring during each separate 12 month pay up to $1,000 to cover "your" liability period of this policy. The expenses are paid required by local ordinance, or assumed by only if they are reported to "us" in writing contract or agreement prior to the loss, for within 180 days from the date the covered fire department service charges. peril occurs. This coverage is limited to charges incurred 6. Removal —"We" cover loss to covered when the fire department is called to save or property while moved or being moved from protect covered property from a covered the described premises for preservation peril. from loss caused by a covered peril. "We" pay for any direct physical loss to that No deductible applies. property. This coverage applies for up to ten 4. Increased Costs — Ordinance or Law — days after the property is first moved. "We" pay up to $5,000 for each described This does not increase the "limit" for the premises to cover the increased costs of a covered property. covered loss, including debris removal expense, resulting from the enforcement of 7. Tearing Out and Replacing — When loss any ordinance, law, or decree that regulates caused by: or requires: a. water; a. the construction, use, or repair of any property; or b. other liquids; b. the demolition of any property, in part or c. powder, or in whole, not damaged by a covered peril• d. molten material The ordinance, law, or decree must be in is covered, "we" also pay the cost of tearing force at the time of loss. out and replacing any part of the building or structure to repair damage to the system or Under Perils Excluded, Ordinance or Law appliance from which the water or other does not apply to this Additional Coverage. substance escapes. s AAIS BP -200 Ed 1.0 Page 8 of 43 "We" do not pay for damage to the system 2. Newly Acquired Buildings —"We" pay up or appliance from which the water or other to 25% of the "limit" shown on the substance escapes. However, "we" pay the "declarations" for Building Property, but not cost to repair or replace damaged parts of exceeding $250,000, for loss to each fire extinguishing equipment if the damage building or structure being built or that "you" results in discharge of any substance from acquire during the policy period. "We" only an automatic fire protection system, or is cover loss at such locations within the "basic directly caused by freezing. territory". This does not increase the "limit" for the This coverage applies for 30 days after covered property. construction is started or for 30 days from the date "you" acquire the building or 8. Antennas, Fences, and Signs —"We" pay structure or until "you" report the newly up to $2,500 for loss to "your" outdoor: acquired property to "us ", whichever occurs first. This coverage does not extend beyond a. radio, television, satellite, dish -type, or the end of the policy period. other antennas including their masts, towers, and lead -in wiring; "You" must pay any additional premium due from the date construction is started or the b. fences; or date you" acquire the property. c. signs, 3. Trees, Shrubs, and Plants — "We" pay up to $1,000 for loss to "your" outdoor trees, caused by a covered peril. However, loss to shrubs, and plants. "We" only cover loss fences is covered only for the perils of caused by aircraft, civil commotion, aircraft, civil commotion, explosion, fire, explosion, fire, lightning, or riot. This lightning, or riot. coverage is limited to $250 for any one tree, shrub, or plant, including debris removal. EXTENSIONS OF COVERAGE "We" provide the following extensions of Unless otherwise stated, each extension of Coverage B — Business Personal Property. coverage is an additional amount of insurance 1. Personal Effects — "We" pay up to $500, at which applies to losses at the described each described premises, for loss to premises caused by a covered peril. personal effects owned by "you ", your" officers, "your" partners, or "your" "We" provide the following extensions of employees. This coverage is limited to $100 Coverage A — Buildings. for property owned by any one person. 1. Building Property — Off Premises —"We" 2. Personal Property -Acquired Locations — pay up to $5,000 for loss to covered "We" pay up to $20,000 for loss to Business property while temporarily at locations that Personal Property at each location "you" "you" do not own, control, rent, or lease. acquire. "We" only cover loss at such locations within the "basic territory". This coverage includes property while in transit. "We" only cover loss at such This coverage applies for 30 days from the locations within the "basic territory". "We" do date you" acquire the location or until "you" not cover theft loss from unattended report the acquired location to "us ", vehicles unless the loss results from forced whichever occurs first. This coverage does entry of a securely locked compartment. not extend beyond the end of the policy There must be visible evidence that the period. entry was forced. AAIS BP -200 Ed 1.0 Page 9 of 43 "You" must pay any additional premium due months after the date of direct physical loss or from the date "you" acquire the location. damage to property. When a "limit" of.insur..ance . Coverage C.:is.shown on the "declarations ", 3. Personal Property — Off Premises — "We" "we" will not pay more for eamings and extra pay up to $5,000 for loss to covered expenses combined than the Coverage C'"lmit ". personal property while temporarily at locations that "you" do not own, control, rent, EARNINGSs or lease. "Vile" only cover loss at such locations within the "basic territory". This �lWe" cover "your" actual loss of net income (net coverage includes property while in transit. profit or loss before income taxes), payroll "We" do not cover theft loss from expense, interest, and other continuing unattended vehicles unless the loss results � °operating expenses normally incurred and from forced entry of a securely locked compartment. There must be visible eared by "your" business.' evidence that the entry was forced. "We ",cover only the expenses that are 4. Personal Property of Others —"We" pay necessary during the "restoration period ".. up to $2,500, at each described premises, Consideration is given to continuation of payroll for loss to personal property of others in and other expenses to the extent necessary to "your" care, custody, or control. This resume "your" normal business activities with coverage is only for the benefit of the the same quality of service that existed before owners of the personal property. the loss. 5. Valuable Papers and Records - Research "We" do not pay for any increase in loss due to Cost— 7&7 pay up to $1,000, at each "your" failure to use reasonable efforts :to described premises for the cost of research resume all or part of "your" normal business or other expenses necessary to reproduce, activities. This includes making use of other replace, or restore lost information on lost or locations and property to reduce the loss. damaged valuable papers and records,, including those which exist on electronic or If "your" normal business activities are not magnetic media, for which duplicates do not _resumed as soon as possible, or if they are not exist resumed at all, the value of loss payment is based on the period of time it would have otherwise taken to resume "your" normal COVERAGE C — LOSS OF INCOME businessacti.vities as soon as possible. mss .. In determining a loss, "we" consider the "We" provide the coverages shown below during experience of:°your "-`business before the loss the "restoration period" when - your" normal - and�he--probable experience had no loss >: business activities are necessarily interrupted by occurred. direct physical loss to real' or personal property EXTRA EXPENSE as it result of a covered peril during the,policy period. This coverage only when the losslo real orrpersona l property "We" cover the necessary extra expenses that is.at the described premises or in the open (or in "you" incur to resume or continue "your" normal vehicles) within 100 feet thereof. business activities as nearly as practicable. "We" will pay only the loss of earnings and extra. "We" cover only the extra expenses that are expenses incurred within 12'consecutive necessary during the "restoration period ". , AAIS BP -200 Ed 1.0 Page 10 of 43 "We" cover extra expenses to repair, replace, or Electronic information is media, programs, restore any property, but only to the extent that or records for electronic data processing or ` K6y reduce the loss otherwise payable under electronically controlled equipment including this ,coverage: films, tapes, discs, drums, or cells. "We" cover extra expenses to research, replace, 2. Fire Extinguishment —"We" do not cover or restore information on damaged valuable expenses to put out a fire. papers and records, but only to the extent that they reduce the loss otherwise payable' under 3. Leases, Licenses, Contracts, or Orders — this coverage. "We" do not cover any increase in loss due to the suspension, lapse, or cancellation of "We ". do not pay for any increase in loss due to leases, licenses, contracts, or orders. "your" failure to use reasonable efforts to resume all or part of "your" normal business However, "we" do cover loss during the activities. This includes making use of other "restoration period" if the suspension, lapse, locations and property to reduce the loss. or cancellation results directly from the interruption of "your" normal business If "your" normal business activities are not activities. resumed as soon as possible, or if they are not "We" do not cover any extra expense resumed at all, the value. of loss payment is caused by the suspension, lapse, or based on the period of time it would have otherwise taken to resume "your" normal cancellation of leases, licenses, contracts, business activities as soon as possible. or orders beyond the "restoration period ". The an salvage value of p g 4. Strikes, Protests, and Other Interference y property — "We" do not cover any increase in loss temporary use shall be deducted froom m ht the for due to interference by strikers or other amount of loss determined for extra expense. persons at the described premises. This applies to interference with rebuilding, EXCLUSIONS AND LIMITATIONS repairing, or replacing the property or with The following exclusions and limitations are resuming "your" normal business activities. applicable to Coverage C — Loss of Income. 5. Unnecessary Expenses —We" do not cover any expenses that are not necessary 1. Electronic Information — "We" do not during the "restoration period ". cover loss of earnings caused by damage to or loss of electronic information beyond: SUPPLEMENTAL LOSS OF INCOME COVERAGES a. 60 consecutive days from the date of loss; or We provide the following extensions of b. the time from the date of loss until the Coverage C — Loss of Income. date "you" could reasonably rebuild, 1. Alterations and New Buildings —We" repair, or replace other damaged extend "your" coverage to include loss property at the described premises caused by damage to: caused by the same occurrence, whichever is greater. a. additions or alterations; M .e AAIS BP 200 Ed 1.0 Page 11 of 43 b. new buildings or structures, completed This is an additional amount of insurance. or under construction; and 4. Period of Loss Extension — "We" extend c. machinery, equipment, supplies, or "your" coverage to cover loss from the date building materials located on or within the property that incurred the loss is rebuilt, 100 feet of the described premises used repaired, or replaced until: in the construction, alterations, or additions; or incidental to the occupancy a. the end of 30 consecutive days (unless of new buildings or structures otherwise shown on the "declarations "); or at the described premises caused by a covered peril. b. the date "you" could reasonably resume "your" normal business to the conditions If such loss delays the start of "your" normal that would have existed had no loss business activities, the "restoration period" occurred, starts from the time "your" normal business activities would have begun had no loss whichever is earlier. occurred. This does not increase the "limit" for This does not increase the "limit" for Coverage C — Loss of Income. Coverage C — Loss of Income. 2. Interruption by Civil Authority —"We" PERILS COVERED extend "your" coverage to include loss while access to the described premises is specifically denied by an order of civil The Perils Covered apply to Coverage A authority. This order must be a result of Buildings, Coverage B — Business Personal damage to property other than at the described premises and caused by a Property, and Coverage C —Loss of Income.. covered peril. This extension is limited to two consecutive weeks from the date of the ".We cover risks,df- direct ptiysrcal' lobs finlessw. order. the W rs iriift d or -caul; by 6-_041hat1s. excluded;,., This does not increase the "limit" for Coverage C — Loss of Income. PERILS EXCLUDED 3. Newly Acquired Locations —"We" extend "your" coverage for an amount up to $100,000 to include loss caused by damage "We" do not pay for loss if one or more of the to property at locations "you" acquire. 'We" following exclusions apply to the loss, only cover loss at such locations within the regardless of other causes or events that "basic territory". The damage must be contribute to or aggravate the loss, whether caused by a covered peril. such causes or events act to produce the loss before, at the same time as, or after the This coverage applies for 30 days after excluded causes or events. "you" acquire the location or until "you" report the newly acquired location to "us ", 1. Civil Authority — "We" do not pay for loss whichever occurs first. This coverage does caused by order of any civil authority, not go beyond the expiration of this policy. including seizure, confiscation, destruction, or quarantine of property. AAIS BP -200 Ed 1.0 Page 12 of 43 "We" do pay for loss resulting from acts of reduced or increased voltage, low or high destruction by the civil authority to prevent pressure, or other interruptions of normal the spread of fire, unless the fire is caused services. by a peril excluded under this policy. "We" do pay for the direct physical loss by a 2. Earth Movement or Volcanic Eruption — covered peril which occurs on the described "We" do not pay for loss caused by any premises as a result of any power earth movement (other than "sinkhole interruption. collapse ") or caused by eruption, explosion, or effusion of a volcano. Earth movement 6. Water — "We" do not pay for loss caused by includes, but is not limited to, earthquake; water. This means: landslide; mudflow; mudslide; mine subsidence; or sinking, rising, or shifting of a. flood, surface water, waves, tidal water, earth. or the overflow of a body of water. This includes spray that results from these "We" do pay for direct physical loss by fire, whether driven by wind or not; explosion, or "volcanic action" resulting from either earth movement or eruption, b. water that backs up through a sewer or explosion, or effusion of a volcano. drain; and All volcanic eruptions that occur within a 168 c. water below the surface of the ground. hour period will be considered a single loss. This includes water that exerts pressure on; or flows, seeps, or leaks through or 3. Nuclear Hazard — "We" do not pay for loss into: caused by a nuclear reaction, nuclear radiation, or radioactive contamination 1) basements whether paved or not; (whether controlled or uncontrolled; whether 2) doors, windows, or other openings; caused by, contributed to, or aggravated by 3) foundations, floors, or paved a covered peril; and whether caused by surfaces; or natural, accidental, or artificial means). Loss 4) swimming pools, septic tanks, or caused by nuclear hazard is not considered other structures. loss caused by fire, explosion, or smoke. Direct physical loss by fire resulting from the If fire, explosion, or sprinkler leakage nuclear hazard is covered. results, "we" do pay for the resulting loss. 4. Ordinance or Law — "We" do not pay for 7. War — "We" do not pay for loss caused by loss or increased cost caused by war. This means: enforcement of any code, ordinance, or law regulating the use, construction, or repair of a. declared war, undeclared war, civil war, any building or structure; or requiring the insurrection, rebellion, or revolution; demolition of any building or structure including the cost of removing its debris. b. a warlike act by a military force or by 5. Utility Failure —"We" do not pay for loss military personnel; caused by interruption of power or other c. the destruction, seizure, or use of the utility services resulting from any cause if property for a military purpose; or the interruption takes place away from the described premises. Interruption includes d. the discharge of a nuclear weapon, even if it is accidental. AAIS BP -200 Ed 1.0 Page 13 of 43 8. Weather — "We" do not pay for loss caused b. others who have an interest in the by weather conditions if the weather property; conditions contribute in any way with a cause or event excluded in paragraphs 1. c. others to whom "you" entrust the through 7. above. property; "We" do pay for any resulting loss caused d. "your" partners, officers, directors, by a covered peril unless the resulting loss trustees, joint venturers; or itself is excluded. e. the employees or agents of a., b., c., or d. above, whether or not they are at ADDITIONAL EXCLUSIONS work. This exclusion does not apply to acts of "We" do not pay for loss if one or more of the destruction of property by "your" employees, following exclusions apply to the loss: but theft by employees is not covered by this policy. 1. Animals — "We" do not pay for loss caused by nesting or infestation, or discharge or 5. Defects, Errors, and Omissions:. -,"We" do release of waste products or secretions of ntpay. for loss which results from one °or animals, including birds, or insects. "We" more' of'theAbllowing: pay for any resulting breakage of building glass or loss caused by a "specified peril ". a. an act, error, or omission (ne §ligent or :._.. not) relating. to: 2. Collapse —"We" do not pay for loss caused 1) land use; by collapse, except as provided in the 2) the design, specification, Additional Coverage for Collapse. If loss construction, workmanship, caused by a covered peril results at the described premises, "we" pay for that Installation; or. maintenance of resulting loss. property, 3) planning, zoning, development, 3. Contamination or Deterioration — "We" do siting, surveying, grading, or not pay for loss caused by contamination or compaction; or maintenance of property-(includi. n deterioration including corrosion, decay, fungus, mildew, mold, rot, rust, or any +d °rstructure or miprovements); quality, fault, or weakness in property that causes it to damage or destroy itself. "We" whether on or.off tfie :described'; do pay for any resulting breakage of building premises, glass or loss caused by a "specified peril ". b. a defect, a weakness, the inadequacy, a 4. Criminal, Fraudulent, or Dishonest Acts fault, or unsoundness in materials used — "We" do not pay for loss caused by in construction or repair, whether on or criminal, fraudulent, dishonest, or illegal off the described premises; acts, alone or in collusion with another, by: c. :the cost to make good an error in a. "you "; Oesign; or d. a data processing error or omission in programming or giving improper instructions. i AAIS BP -200 Ed 1.0 Page 14 of 43 In, addition, "we" do not pay for loss to 10. Pollutants —"We" do not pay for loss Business Personal Property caused by caused by release, discharge, seepage, defgiency,or defectsin design, migration, dispersal, or escape of specficaitions, materials, or workmanship, or "pollutants" unless the release, discharge, <: caused by latent or inherent defects. seepage, migration, dispersal, or escape is caused by a "specified peril ". "We" do pay ' We" do pay for any resulting ' lo ' ss caused.. for any resulting loss caused by a "specified 6y a coveredperil uhless the reulting loss field". if elfis" excluded: 11. Seepage — "We" do not pay for loss caused 6. Electrical Currents — "We" do not pay for by, or resulting from, continuous or repeated loss caused by arcing or by electrical seepage or leakage from within a plumbing, currents other than lightning. If a fire results, heating, or air - conditioning system, or "we" pay for only the loss caused by fire. domestic appliance. 7. Explosion — "We" do not pay for loss 12. Settling, Cracking, Shrinking, Bulging, or caused by explosion of steam boilers, steam Expanding — "We" do not pay for loss pipes, steam turbines, or steam engines that caused by settling, cracking, shrinking, "you" own or lease or that are operated bulging, or expanding of pavements, under "your" control. If a fire or combustion footings, foundations, walls, ceilings, or explosion results, "we" do pay for the roofs. "We" do pay for any resulting resulting loss. "We" also pay for loss caused breakage of building glass or loss caused by by the explosion of gas or fuel in a firebox, a "specified peril ". combustion chamber, or flue. 13. Smog —"We" do not pay for loss caused by 8. Freezing — "We" do not pay for loss caused smog. by water, other liquids, powder, or molten material that leaks or flows from plumbing, 14. Smoke, Vapor, or Gas —"We" do not pay heating, air - conditioning systems, or for loss caused by smoke, vapor, or gas appliances (other than fire protective from agricultural smudging or industrial systems) as a result of freezing. This does operations. not apply if "you" use reasonable care to maintain heat in the building or structure; or 15. Temperature /Humidity — "We" do not pay "you" drain the equipment and turn off the for loss to personal property caused by supply if the heat is not maintained. dampness, dryness, or changes in or extremes of temperature. "We" do pay for 9. Mechanical Breakdown —"We" do not pay any resulting breakage of building glass or for loss caused by mechanical breakdown or loss caused by a "specified peril ". rupturing or bursting of moving parts of machinery caused by centrifugal force. "We" 16. Voluntary Parting — "We" do not pay for do pay for any resulting breakage of building loss caused by voluntary parting with title to glass or loss caused by a "specified peril ". or possession of any property because of any fraudulent scheme, trick, or false pretense. 17. Wear and Tear — "We" do not pay for loss caused by wear and tear, marring, or scratching. "We" do pay for any resulting breakage of building glass or loss caused by a "specified peril ". AAIS BP -200 Ed 1.0 Page 15 of 43 f. available plans and specifications of WHATMUST BE DONE buildings or structures; IN CASE OF LOSS g. detailed estimates of any covered loss of income and expenses; and 1. Notice -- In case of a loss, "you" must: h. an inventory of damaged and a. give "us" or "our" agent prompt notice undamaged covered personal property including a description of the property showing in detail the quantity, description, cost, actual cash value, and involved ("we" may request written amount of the loss. "You" must attach to notice); and the inventory copies of all bills, receipts, b. give notice to the police when the act and related documents that substantiate the inventory. An inventory of that causes the loss is a crime. undamaged personal property is not a required if the total claim for a loss is 2. Protect Property rty — " You" must take all less than $10,000 and less than 5% of reasonable steps to protect covered the total "limit" that applies to the property at and after an insured loss to covered property. avoid further loss. "We" pay the reasonable costs incurred by "you" for necessary 4. Examination Under Oath —"You" must repairs or emergency measures performed submit to examination under oath in matters solely to protect covered property from connected with the loss as often as "we" further damage by a covered peril if a reasonably request and give "us" sworn covered peril has already caused a loss to statements of the answers. If more than one covered property. However, "we" do not pay person is examined, "we" have the right to for such repairs or emergency measures examine and receive statements separately performed on property which has not been and not in the presence of the others. damaged by a covered peril. This does not increase "our" "limit ". 5. Records —"You" must produce records, including tax returns and bank microfilms of 3. Proof of Loss.— "You" must send "us ", all cancelled checks, relating to value, loss, within 60 days after "our" request, a signed, and °.expense and permit copies and extracts sworn proof of,loss. This must include the. to be made of them as often as "we" following information: reasonably request. a. the time, place, and circumstances of 6. Damaged Property — "You" must exhibit the loss; the damaged and undamaged property as often.as "we" reasonably request and allow b. other policies of insurance that may "us" to inspect or take samples of the cover the loss; property. c. ".your" interest and the interests of all 7. Volunteer Payments — "You" must not, others in the property involved, including except at "your" own expense, voluntarily all mortgages and liens; make any payments, assume any obligations, pay or offer any rewards, or d. changes in title or occupancy of the incur any other expenses except as covered property during the policy respects protecting property from further period; damage. e. detailed estimates for repair or replacement of covered property; AAIS BP -200 Ed 1.0 Page 16 of 43 8. Abandonment — "We" do not have to c. objects of art, rarity, or antiquity; accept any abandonment of property. d. personal property of others; and 9. Intent to Continue Business — If "you" intend to continue "your" business, "you" e. used or second -hand merchandise held must resume all or part of "your" business for sale or in storage. as soon as possible. Actual cash value includes a deduction for depreciation. VALUATION OF PROPERTY LOSSES 3. Actual Cash Value Coverages A or B — Paragraph 1. Replacement Cost, does not The valuation of property losses shall be based apply to property for which Actual Cash on the following provisions: Value Coverage is shown on the "declarations ". 1. Replacement Cost — The value of covered When Actual Cash Value Coverage is property is based on its replacement cost shown for a Coverage A or Coverage B without a deduction for depreciation, unless entry on the "declarations ", the value of that Actual Cash Value Coverage is shown on roe is based on its actual cash value at the "declarations". However, these property replacement cost "terms" do not apply to the time of the loss with a deduction for depreciation. paragraphs 2. through 10. below. Replacement cost is limited to the cost of 4. Glass — The value of glass is based on the repair or replacement with similar materials cost of safety glazing material where on the same site and used for the same required by code, ordinance, or law. purpose. The payment shall not exceed the 5. Loss to Parts — The value of a lost or amount "you" spend to repair or replace the damaged part of an item that consists of damaged or destroyed property. several parts when it is complete is based Replacement cost valuation does not apply on the value of only the lost or damaged until the damaged or destroyed property is part or the cost to repair or replace it. repaired or replaced. "You" may make a 6. Money — The value of "money" will be claim for the actual cash value of the based on its face value. damaged property before repair or replacement takes place, and later for the 7 Pair or Set — The value of a lost or replacement cost if "you" notify "us" of "your" damaged article which is part of a pair or set intent within 180 days after the loss. is based on a reasonable proportion of the 2. Property Not Eligible for Replacement value of the entire pair or set. The loss is not Cost — The value of the following property is considered a total loss of the pair or set. based on its actual cash value at the time of 8 Securities — The value of "securities" will the loss: be based on their actual cash value at the a. household contents, except personal close of business on the day the loss was property in apartments or rooms discovered. fumished by "you" as landlord; b. manuscripts; AAIS BP -200 Ed 1.0 Page 17 of 43 9. Tenant's Improvements — Tenant's a. The most "we" will deduct from "your" improvements losses will be based on loss under all of the following optional replacement cost, without a deduction for coverages is $250 in any one depreciation, if repaired or replaced at "your" occurrence: expense within a reasonable time. The value of tenant's improvements losses is based on 1) Employee Dishonesty; a portion of "your" original cost if not 2) Exterior Glass; repaired or replaced within a reasonable 3) Interior Glass; time. This portion is determined as follows: 4) "Money" and "Securities "; and 5) Outdoor Signs. a. Divide the number of days from the date of the loss to the expiration date of the If an occurrence results in loss under lease by the number of days from the any of the optional coverages listed date of installation to the expiration date above, as well as in loss under other of the lease; and coverages, the $250 deductible amount described in this provision will be b. Multiply the figure determined in 9.a. subtracted from the deductible amount above by the original cost. shown on the "declarations ". If "your" lease contains a renewal option, the b. No deductible applies to Fire expiration of the lease in this procedure is Department Service Charge or replaced by the expiration of the renewal Coverage C — Loss of Income. option period. 3. Loss Settlement Terms — Subject to Tenant's improvements losses are not paragraphs 1., 2., 4., 5., 6., and 7. under covered if repaired or replaced at another's How Much We Pay, 'live" pay the lesser of: expense. a. the amount determined under Valuation; 10. Valuable Papers and Records — The value of valuable papers and records, including b. the cost to repair, replace, or rebuild the those which exist on electronic or magnetic property with material of like kind and media (other than prepackaged software quality to the extent practicable; or programs) is based on the cost of blank materials, and the labor to transcribe or c. the "limit" that applies to covered copy the records when there is a duplicate. property. 4. Insurance Under More Than One HOW MUCH WE PAY Coverage — If more than one coverage of this policy insures the same loss, "we" pay no more than the actual claim or loss 1. Insurable Interest — "We" do not cover sustained. more than "your" insurable interest in any 5. Insurance Under More Than One Policy property. — "You" may have another policy subject to the same plan, "terms ", conditions, and 2. Deductible — Except as provided under provisions as this policy. If you do, "we " items a. and b. below, "we" will pay only that pay "our" share of the covered loss. "Our" part of "your" loss over the deductible share is the proportion that the applicable amount stated on the "declarations" in any "limit" under this policy bears to the "limit" of one occurrence. all policies covering on the same basis. AAIS BP -200 Ed 1.0 Page 18 of 43 If there is another policy covering the same "We" must give "you" notice of "our" intent loss, other than that described above, "we" within 30 days after "we" have received a pay only for the amount of covered loss in satisfactory proof of loss. excess of the amount due from that other policy, whether "you" can collect on it or not. 2. Your Losses — "VVe" adjust all losses with But "we" do not pay more than the "you ". Payment is made to "you" unless applicable "limit ". another loss payee is named in the policy. A covered loss is payable 30 days after a 6. Automatic Increase — When a percentage satisfactory proof of loss is received, and: increase is shown on the "declarations" for a Coverage A or Coverage B entry, the a. the amount of the loss has been agreed corresponding "limit" is increased annually to in writing; by the percentage shown. The increase applies proportionally from the date of the b. an appraisal award has been filed with most recent "limit ". The increase applies "us "; or only to the "limit" shown on the "declarations" for the corresponding c. a final judgment has been entered. Coverage A or Coverage B entry. 3. Property of Others — Losses to property of 7. Seasonal Increase — The Coverage B others may be adjusted with and paid to: "limits" shown on the "declarations" will automatically increase by 25% to provide for a. "you" on behalf of the owner; or seasonal increase. This increase applies only if "your" business personal Property b. the owner. "limit" is at least 100% of "your" average monthly values for the 12 months If "we" pay the owner, "we" do not have to immediately preceding the date of the loss pay "you ". "We" may also choose to defend or damage. any suits arising from the owners at "our" If "you" have been in business less than 12 expense. months, the "limit" of insurance must be 100% of "your" average monthly values for OTHER PROPERTY COVERAGE the time "you" have been in business. CONDITIONS LOSS PAYMENT 1. Appra sal if "you" ar d,"we" do got c ree o�i'�the amount:of.the loss,, either party�:may demand that the amount be determined by 1. Our Options — "We" may: appraisal. a. .pay the value of the loss; If either makes a written demand for b. pay the cost of repairing or replacing the appraisal, each selects a competent, loss; independent appraiser and notifies the other of the appraiser's identity within 20 days of receipt of the written demand. The two C. rebuild, repair, or replace with property appraisers then select a competent, of equivalent kind and quality, to the extent practicable; or impartial umpire. If the two appraisers are unable to agree upon an umpire within 15 days, "you" or "we" can ask a judge of a d. take all or any part of the damaged court of record in the state where the property at the agreed or appraised property is located to select an umpire. value. AAIS BP -200 Ed 1.0 Page 19 of 43 The appraisers then determine and state continue in effect if the mortgagee is aware separately the amount of each loss. of changes in ownership or substantial increase in risk and does not notify "us ". The appraisers also determine the actual cash value of covered property items at the If "we" cancel this policy, "we" notify the time of the loss, if requested. mortgagee at least ten days before the effective date of cancellation if "we" cancel A written agreement is binding on all parties. for "your" nonpayment of premium, or 30 If the appraisers fail to agree within a days before the effective date of reasonable time, they submit only their cancellation if "we" cancel for any other differences to the umpire. Written reason. agreement so itemized and signed by any two of these three is binding on all parties. "We" may request payment of the premium from the mortgagee, if "you" fail to pay the Each appraiser is paid by the party selecting premium. that appraiser. Other expenses of the appraisal and the compensation of the If "we" pay the mortgagee for a loss where umpire is paid equally by "you" and "us ". "your" insurance may be void, the mortgagee's right to collect that portion of If there is an appraisal, "we" retain "our" the mortgage debt from "you" then belongs right to deny the claim. to "us ". This does not affect the mortgagee's right to collect the remainder of the 2. Benefit to Others — Insurance under the mortgage debt from "you ". As an alternative, Property Coverage shall not directly or "we" may pay the mortgagee the remaining indirectly benefit anyone having custody of principal and accrued interest in return for a "your" property. full assignment of the mortgagee's interest and any instruments given as security for 3. Control of Property — The Property the mortgage debt. Coverage is not affected by any act or neglect beyond "your" control. If "we" choose not to renew this policy, "we" give written notice to the mortgagee at least 4. Death of an Individual Named Insured — If ten days before the expiration date of this "you" die, "your" rights and duties under the policy. Property Coverages pass to "your" legal representative or other person having 6. Recoveries — If "we" pay "you" for the loss proper temporary custody of "your" property. and lost or damaged property is recovered, or payment is made by those responsible for 5. Mortgage Provisions — If a mortgagee the loss, the following provisions apply: (mortgagee includes trustee) is named in this policy, loss to building property shall be a. "You" must notify "us" promptly if "you" paid to the mortgagee and "you" as their recover property or receive payment. interest appears. If more than one mortgagee is named, they shall be paid in b. "We" must notify "you" promptly if "we" order of precedence. recover property or receive payment. The insurance for the mortgagee continues c. "We" will pay any recovery expenses in effect even when "your" insurance may be incurred, and the expense to repair the void because of "your" acts, neglect, or recovered property, subject to the "limit" failure to comply with the coverage "terms ". of insurance. The insurance for the mortgagee does not AAIS BP -200 Ed 1.0 Page 20 of 43 d. "You" may keep the recovered property 9. Vacancy — Unoccupancy —"We" do not but "you" must refund to "us" the amount pay for loss caused by attempted theft, of the claim paid, or any lesser amount breakage of building glass, sprinkler leakage to which "we" agree. (unless "you" have protected the system against freezing), theft, vandalism, or water e. If the claim paid is less than the agreed damage occurring while the building or loss due to a deductible or other limiting structure has been: "term" of this policy any recovery is pro rated between "you" and "us" based on a. vacant for more than 60 consecutive our respective interest in the loss. days; or 7. Subrogation — If "we" pay for a loss under b. unoccupied for more than the Property Coverages "we" may require that "you" assign to "us" any right of 1) 60 consecutive days; or recovery against others up to the amount 2) the usual or incidental unoccupancy "we" paid. period for the described premises "You" may waive "your" right to recover, in whichever is longer. writing, before the loss takes place without voiding coverage. The amount "we" pay for any loss that is not "We" are not liable for a loss if, after the otherwise excluded is reduced by 15 %. loss, "you" impair "our" right to recover. But, Unoccupied means that the customary "you" may waive "your" right to recover in activities or operations of the described writing after a loss only as to the following occupancy are suspended, but business parties: personal property has not been removed. The building or structure shall be considered a. someone insured under the Property vacant and not unoccupied when the Coverages; occupants have moved, leaving the building or structure empty or containing only limited b. "your" tenant; business personal property. Buildings or structures under construction are not c. a business firm owned or controlled by considered vacant or unoccupied. "you "; or d. a business firm which owns or controls OPTIONAL PROPERTY COVERAGES "your" business. 8. Suit Against Us — No suit to recover any If indicated as applicable on the "declarations ", loss may be brought against "us" unless: the following Optional Property Coverages also a. the "terms" of the Property Coverages apply. All Optional Property Coverages are have been fully complied with; and subject to all of the "terms" applying to the Common Policy Conditions and Property b. the suit is commenced within two years Coverages of this policy, except as provided after the loss. below. If any applicable law makes this limitation 1. Employee Dishonesty invalid, then suit must begin within the shortest period permitted by the law. AAIS BP -200 Ed 1.0 Page 21 of 43 a. "We" cover direct loss or damage to d. In addition to the above exclusions "we" business personal property, including do not pay for loss or damage: "money" and "securities ", that "you" own, hold, or for which "you" are legally 1) occurring after discovery of any liable. "We" pay for only those losses dishonest act committed by the resulting from dishonest acts: employee whether before or after being employed by "you ". This 1) committed by any of "your" includes discovery by "you" or by employees, acting alone, or in any of "your" partners, officers or collusion with other persons; and directors not in collusion with the 2) that occur within the policy period. employee; 2) resulting from an act that "you" or Dishonest acts as used in this coverage any of "your" partners commit, means dishonest or fraudulent acts whether acting alone, or in collusion committed with the apparent intent to with any employees, or other cause "you" to sustain loss or damage persons; and to obtain financial benefit for any 3) where the only proof of the loss or employee, person, or organization. The amount of the loss is dependent financial benefit does not include earned upon an inventory or a profit and salaries, commissions, bonuses, fees, loss computation; profit sharing, or other employee 4) that is not discovered within one benefits. year of the end of this policy period; 5) occurring outside the "basic b. The most "we" will pay in any one territory", except as provided in the occurrence for Employee Dishonesty is Supplemental Employee Dishonesty the "limit" of insurance shown on the Coverage; or "declarations ", even though the 6) legal expense or any indirect loss. occurrence may extend over a number of policy periods. e. Supplemental Employee Dishonesty Coverage All loss or damage caused by one or more persons, and involving a single act 1) "We" will cover loss caused by an or series of related acts is considered employee who is temporarily out of one occurrence. the "basic territory" for not more than 90 days. This is not an c. Perils Covered and Additional additional amount of insurance. Exclusions do not apply to this Optional 2) "We" will cover loss that would have Property Coverage. been covered by the prior insurance, except that the time to Under Perils Excluded only the following discover the loss had expired, and items apply to this Optional Property which would be covered by this Coverage: policy had it been in effect when the acts or events causing the loss or 1) Civil Authority; damage occurred. This coverage is 3) Nuclear Hazard; and limited to the lesser of the "limits" 7) War. applicable to the prior insurance or the "limit" of this coverage. This is not an additional amount of insurance. AAIS BP -200 Ed 1.0 Page 22 of 43 This supplemental coverage applies d. This optional coverage supersedes all only if this Employee Dishonesty limitations in this policy that apply to Coverage replaces prior dishonesty glass. coverage and became effective on the expiration or termination date of 3. Interior Glass the prior coverage. a. "We" cover breakage of glass and f. "You" must keep records of property damage by chemicals to glass that is a covered so that "we" can verify the permanent part of the interior walls, amount of loss. floors, or ceilings of a covered building or structure described on the 2. Exterior Glass "declarations" if the glass is: a. "We" cover breakage of glass and 1) on the basement or ground floor damage by chemicals to glass that is a level of the building or structure, part of the exterior of a covered building unless coverage for interior glass on or structure described on the all floors is shown on the "declarations" if the glass is: "declarations "; and 2) owned by "you ", or in "your" care, 1) on the basement or ground floor custody, or control. level of the building or structure, unless coverage for exterior glass b. "We" also pay for the following: on all floors is shown on the "declarations "; and 1) replacing or repairing the frames 2) owned by "you ", or in "your" care, which hold the glass, if the frames custody, or control. have been damaged by the loss; 2) boarding up openings or installing b. "We" also pay for the following: temporary glass if there is an unavoidable delay in replacement; 1) replacing or repairing the frames or which hold the glass, if the frames 3) removing or replacing obstructions have been damaged by the loss; which prohibit replacement. This 2) boarding up openings or installing does not include window displays. temporary glass if there is an . unavoidable delay in replacement; c. Perils Covered and Additional or Exclusions do not apply to this Optional 3) removing or replacing obstructions Property Coverage. which prohibit replacement. This does not include window displays. Under Perils Excluded only the following items apply to this Optional Property c. Perils Covered and Additional Coverage: Exclusions do not apply to this Optional Property Coverage. 1) Civil Authority; 3) Nuclear Hazard; and Under Perils Excluded only the following 7) War. items apply to this Optional Property Coverage: d. This optional coverage supersedes all limitations in this policy that apply to 1) Civil Authority; glass. 3) Nuclear Hazard; and 7) War. • s AAIS BP -200 Ed 1.0 Page 23 of 43 4. Money and Securities c. Under How Much We Pay, 6. Automatic Increase, and 7. Seasonal Increase do a. "We" cover "money" and "securities ", not apply to this coverage. bullion, and lottery tickets that "you" own, hold, or for which "you" are legally d. The most "we" will pay for any one liable, for direct loss or damage resulting occurrence is: from: 1) the inside the premises "limit" 1) theft, meaning any act of stealing, shown on the "declarations" for loss including burglary and robbery; occurring inside of the premises or 2) disappearance; or within a bank or savings institution; 3) destruction. or 2) the outside the premises "limit" b. Perils Covered do not apply to this shown on the "declarations" for a Optional Property Coverage. loss at any other location. Under Perils Excluded only the following These "limits" apply to an act or a series items apply to this Optional Property of related acts involving one or more Coverage: persons. 1) Civil Authority; e. "You" must keep records of property 2) Earth Movement or Volcanic covered so that "we" can verify the Eruption; amount of loss. 3) Nuclear Hazard; and 7) War. 5. Outdoor Signs Under Additional Exclusions only the a. "We" cover direct loss or damage to following items apply to this Optional outdoor signs owned by "you" or in Property Coverage. "your" care, custody, or control at the premises described on the 4) Criminal, Fraudulent, or Dishonest "declarations ". Acts; or 16) Voluntary Parting. b. Perils Covered do not apply to this Optional Property Coverage. In addition to the above exclusions "we" do not pay for loss or damage: Under Perils Excluded only the following items apply to this Optional Property 1) resulting from accounting or Coverage. arithmetical errors or omissions; 2) from a "money" operated device 1) Civil Authority; unless the "money" deposited is 3) Nuclear Hazard; and recorded by a continuous recording 7) War. instrument in the device; 3) from an unattended vehicle, unless Under Additional Exclusions only the the loss results from forced entry of following items apply to this Optional a securely locked compartment. Property Coverage: There must be visible evidence that the entry was forced. 3) Contamination or Deterioration; 6) Electrical Currents; 9) Mechanical Breakdown; and 17) Wear and Tear. AAIS SP -200 Ed 1.0 Page 24 of 43 c. The most "we" will pay for loss in any d. This optional coverage supersedes all one occurrence is the "limit" shown on limitations in this policy that apply to the "declarations" for Outdoor Signs. outdoor signs. AAIS BP 200 Ed 1.0 Page 25 of 43 COMMERCIAL LIABILITY COVERAGES This Liability Coverage Section contains the 6. "Bodily injury" means bodily harm, sickness, definitions, coverage descriptions, exclusions, or disease sustained by a person and limitations, and conditions that apply to the includes required care and loss of services. Businessowners Liability Coverages. "Bodily injury" includes death that results from bodily harm, sickness, or disease. "Bodily injury" does not include mental or DEFINITIONS emotional injury, suffering, or distress that does not result from a physical injury. 1. The words "you" and "your" mean the 7 • "Coverage territory" means: person, persons, or organization named as a. the "basic territory"; the insured on the "declarations". international waters or airspace, only if b. 2. The words "we ", "us ", and "our" mean the the "bodily injury", "property damage ", company providing this coverage. "personal injury", or "advertising injury" 3. "Advertising injury" means injury (other than occurs in the course of travel to or from "bodily injury", "property damage ", or the basic territory"; "personal injury") arising out of one or more c. the world; if the injury or damage arises of the following offenses: out of: a. oral or written publication of material: 1) "products" "you" have made or sold 1) that slanders or libels a person or in the "basic territory"; or organization; 2) the activities of a person who 2) that disparages a person's or normally resides in the "basic organization's goods, products, or territory", but is away for a short services; or time on your" business; and 3) that violates a person's right of provided that the "insured's" liability to privacy. pay "damages" has been determined in b. misappropriation of advertising ideas or a suit on the merits in the "basic territory", or in a settlement that "we" style of doing business. have agreed to. c. infringement of copyright, title, slogan, g, "Damages" means compensation in the trademark, or trade name. form of "money" for a person who claims to 4. "Auto" means a land motor vehicle, a trailer, have suffered an injury. or a semi- trailer which is designed for use 9. "Declarations" means all pages labeled on public roads. "declarations ", "supplemental declarations ", "Auto" includes attached machinery and or "schedules ", which pertain to this policy. equipment. 10. "Employee" includes a "leased worker". 5. "Basic territory" means the United States of "Employee" does not include a "temporary America, its territories and possessions, worker ". Canada, and Puerto Rico. AAIS BP -200 Ed 1.0 Page 26 of 43 11. "Impaired property" means tangible property b. if "you" die during the policy period, (other than "products" or "your work "): "your" legal representative while acting within the scope of those duties as such, a. whose value has been decreased: or a person who has custody of "your" property with respect to liability arising 1) because it includes "products" or out of the maintenance or use of that "your work" that is, or is believed to property until "your" legal representative be, deficient or dangerous; or is appointed. "Your" legal representative 2) because "you" failed to carry out the has all "your" rights and duties under terms of a contract; and this coverage; b. whose value can be restored: c. with respect to the operation, with "your" permission, of mobile equipment: 1) by the repair, replacement, adjustment, or removal of "products" 1) "your" "employee" in the course of or "your work "; or employment. This does not apply to 2) by your" fulfilling the terms of the a fellow "employee" injured in the contract. course of employment; 2) any other person, including another 12. "Insured" means: person or an organization legally liable for the conduct of such a. "you" and "your" spouse, but only with person, but only: respect to the conduct of a business of which "you" are the sole owner, if shown a) for liability arising out of the on the "declarations" as an individual; operation of the equipment; and b) if there is no other insurance b. "you" and all "your" partners or covering the liability available to members and their spouses, but only them; with respect to the conduct of "your" business, if shown on the "declarations" 3) no person or organization is an as a partnership or a joint venture; or "insured" for "property damage" to property owned by, rented to, in the c. "you" and all of "your" executive officers charge of, or occupied by "you ", or and directors, but only while acting an employer of any person who is within the scope of their duties, if shown an "insured" under paragraph c. on the "declarations" as an organization (other than a partnership or a joint d. "your" "employees ", for acts within the venture). It also includes "your" scope of their employment by "you" (this stockholders, but only for their liability as does not include "your" executive such. officers). None of these "employees" are "insureds" for: "Insured" also includes: 1) "bodily injury", "personal injury", and a. any person or organization, except "advertising injury" to "you" or to a "your" "employees ", while acting as fellow "employee "; or "your" real estate manager; 2) "property damage" to property owned by, rented to, or loaned to "employees ", or any of "your" partners or members and their spouses (if "you" are a joint venture or a partnership). AAIS BP -200 Ed 1.0 Page 27 of 43 e. any organization (other than a joint "Loading or unloading" includes movement venture or a partnership) newly acquired by: or formed by "you ", and in which "you" have a majority interest. a. a hand truck; or Such an organization is not an b. any mechanical device only when "insured ": attached to the vehicle. 1) if there is other similar insurance 16. "Occurrence" means an accident and available to it; includes repeated exposure to similar 2) after, 90 days immediately following conditions. that acquisition or formation or the end of the policy period, whichever 17. "Personal injury" means injury (other than is earlier; "bodily injury", "property damage ", or 3) for "bodily injury" or "property "advertising injury") arising out of one or damage" that occurred prior to the more of the following offenses: acquisition or formation; or 4) for "personal injury" or "advertising a. oral or written publication of material: injury" arising out of an offense committed prior to the acquisition or 1) that slanders or libels a person or formation. organization; 2) that disparages a person's or an No person or organization is an "insured" organization's goods, products, or with respect to the conduct of a current or services; or past partnership or joint venture that is not 3) that violates a person's right of named on the "declarations" as an privacy; "insured ". 13. "Leased worker" means a person whom b. false arrest, detention, or imprisonment; "you" lease from a labor leasing firm under a c. malicious prosecution; or contract or agreement to perform duties related to the conduct of "your" business. d. wrongful entry into, wrongful eviction "Leased worker" does not include a from, or invasion of the right of private "temporary worker". occupancy of a room, dwelling, or premises that a person occupies. This 14. "Limit" means the amount of coverage that offense must be committed by or on applies. behalf of the owner, landlord, or lessor 15. "Loading or unloading" means the of the room, dwelling, or premises. movement of property: 18. "Products/completed work hazard" — a. starting with after it is removed from the a. "Products hazard" means "bodily injury" point where it has been accepted for or "property damage" occurring away transit by "auto ", aircraft, or watercraft; from premises "you" own or rent and arising out of "products" after physical b. continuing while it is in or on such possession of the "products" has been vehicle; and relinquished to others. The "bodily injury" or "property damage" must occur c. ending when it has been removed from away from premises "you" own or rent the vehicle at its point of destination. unless "your" business includes MIS BP 200 Ed 1.0 Page 28 of 43 selling, handling, or distributing "your" "Products" includes: "products" for consumption on premises owned by or rented to "you ". a. warranties or representations made at any time with respect to the fitness, b. "Completed work hazard" means "bodily quality, durability, or performance of injury" or "property damage" occurring "products "; away from premises "you" own or rent and arising out of "your work ". It does b. containers (other than vehicles), not include work that has not been materials, parts, or equipment furnished completed, or that has not been in connection with such "products "; and abandoned. c. providing or failure to provide warnings "Your work" is deemed completed at the or instructions. earliest of the following times: "Products" does not include: 1) when all work specified in "your" contract has been done; a. vending machines or other property that 2) when all "your work" to be done at a is rented to or placed for the use of job site has been completed if "your" others, but not sold; or contract includes work at more than one site; or b. real property. 3) when "your work" at a job site has been put to its intended use by any 20. "Property damage" means: person or organization other than another contractor or subcontractor a. physical injury or destruction of tangible working on the same job site. property; or Work which requires further service, b. the loss of use of tangible property maintenance, correction, repair, or whether or not it is physically damaged. replacement because of defect or Loss of use is deemed to occur at the deficiency, but which is otherwise time of the "occurrence" that caused it. complete, shall be deemed completed. 21. "Temporary worker" means a person who is C. Neither of these hazards include "bodily furnished to "you" as a temporary substitute injury" or "property damage" arising out for an "employee ". of. 22. "Terms" are all provisions, limitations, 1) the transportation of property, exclusions, conditions, and definitions that unless the injury or damage arises apply to the Commercial Liability Coverage. out of a condition in or on a vehicle, created by "loading or unloading "; or 23. "Your work" means: 2) the presence of tools, uninstalled equipment, or abandoned or unused a. work or operations performed by "you" materials. or or "your" behalf; 19. "Products" means goods or products b. materials, parts, and equipment manufactured, sold, handled, distributed, or supplied for such work or operations; disposed of by "you ", others trading under "your" name, or a person or organization whose business or assets "you" have acquired. J � AAIS BP -200 Ed 1.0 Page 29 of 43 c. written warranties or representations b. they are incurred and reported within made at any time regarding quality, one year of the accident. fitness, durability, or performance of any of the foregoing; and 3. Medical expenses means the reasonable and necessary expenses for: d. providing or failing to provide warnings or instructions. a. medical, surgical, x-ray, and dental services, including prosthetic devices and eye glasses; PRINCIPAL COVERAGES b. ambulance, hospital, professional nursing, and funeral services; and "We" provide insurance for the following coverages indicated by a specific "limit" or c. first aid at the time of an accident. premium charge on the "declarations ". COVERAGE N — PRODUCTS /COMPLETED COVERAGE L — BODILY INJURY LIABILITY/ WORK PROPERTY DAMAGE LIABILITY "We" pay all sums which an "insured" becomes "We" pay all sums which an "insured" becomes legally obligated to pay as "damages" due to legally obligated to pay as "damages" due to "bodily injury" or "property damage" arising out "bodily injury" or "property damage" to which this of the "products /completed work hazard" to insurance applies. The "bodily injury" or which this insurance applies. The "bodily injury" "property damage" must be caused by an or "property damage" must be caused by an "occurrence" which takes place in the "coverage "occurrence" which takes place in the "coverage territory", and the "bodily injury" or "property territory", and the "bodily injury" or "property damage" must occur during the policy period. damage" must occur during the policy period. COVERAGE M — MEDICAL PAYMENTS COVERAGE O —FIRE LEGAL LIABILITY 1. "We" pay the medical expenses defined "We" pay for "property damage" to buildings, or below for "bodily injury" caused by an parts thereof, which "you" rent from another, or accident: which are loaned to "you ", if the "property damage" is caused by fire or explosion for which a. on premises "you" own or rent; "you" are legally liable. Buildings include fixtures permanently attached thereto. b. on ways adjacent or next to premises "you" own or rent; or All of the exclusions otherwise applicable to "property damage" do not apply to this c. arising out of "your" operations. coverage. However, "we" do not cover: 2. "We" pay such expenses regardless of fault 1. liability arising under any contract or but only if: agreement to indemnify any person or organization for damage by fire to the a. they arise out of an accident that premises; occurred in the "coverage territory" and during the policy period; and 2. liability arising out of the rendering or failure to render a professional service; except as covered under Incidental Medical Malpractice Injury Coverage; or .+ s AAIS BP -200 Ed 1.0 Page 30 of 43 3. liability arising out of "property damage ": a. lease of premises; a. which is expected by, directed by, or b. easement or license agreement (this intended by the "insured "; or does not include an agreement in connection with any construction or b. that is the result of intentional and demolition operation within 50 feet of a malicious acts of the "insured ". railroad); COVERAGE P — PERSONAL INJURY c. promise to indemnify a municipality if LIABILITY /ADVERTISING INJURY LIABILITY required by an ordinance (this does not apply in connection with work done for "We" pay all sums which an "insured" becomes the municipality); legally obligated to pay as "damages" due to "personal injury" or "advertising injury" to which d. sidetrack agreement; this insurance applies. e. elevator maintenance agreement; or 1. "We" cover: f. any part of any other contract or a. "personal injury" arising out of an agreement relating to the conduct of offense committed in the course of "your" business (including an "your" business, excluding advertising, indemnification of a municipality in publishing, broadcasting, or telecasting connection with work performed for a done by "you" or on "your" behalf, and municipality) under which "you" assume tort liability to pay "damages" because b. "advertising injury" arising out of an of "bodily injury" or "property damage ". offense committed in the course of Tort liability means a liability that would advertising "your" goods, products, or be imposed by law in the absence of services. any contract or agreement. 2. The "personal injury" or "advertising injury" 2. This coverage does not apply to that part of offense must be committed: any contract or agreement: a. within the "coverage territory"; and a. that indemnifies any person or organization for "bodily injury" or b. during the policy period. "property damage" arising out of operations within 50 feet of railroad property and affecting any railroad SUPPLEMENTAL COVERAGES bridge or trestle, tracks, road -beds, tunnel, underpass, or crossing; b. that indemnifies an architect, engineer, Subject to all the "terms" of the Principal or surveyor for injury or damage arising Coverages, "we" provide the following out of: supplemental coverages. They do not increase the "limits" stated for the Principal Coverages. 1) preparing, approving, or failing to prepare or approve maps, drawings, CONTRACTUAL LIABILITY opinions, reports, surveys, change orders, designs, or specifications; or 1. "We" cover "bodily injury" or "property 2) giving directions or instructions, or damage" liability which is assumed under failing to give them, if that is the the following contracts or agreements: primary cause of the injury or damage; a f AAIS BP -200 Ed 1.0 Page 31 of 43 c. under which the "insured ", if an 1. This coverage applies only to land motor architect, engineer, or surveyor, vehicles that meet one or more of the assumes liability for injury or damage following criteria: arising out of the "insured's" rendering or failing to render professional services, a. Those which are used only on premises including those listed in 2.b.1) above, owned by or rented to "you" (premises and supervisory, inspection, or includes adjoining ways). engineering services; or b. Those which are designed primarily for d. that indemnifies any person or use off public roads. organization for damage by fire to premises rented or loaned to "you ". c. Those which travel on crawler treads. INCIDENTAL MEDICAL MALPRACTICE d: Those which are self - propelled and INJURY designed or used only to afford mobility to the following types of equipment, 1. "We" cover "bodily injury" arising out of the which must be a part of or be rendering or failure to render the following permanently attached to such vehicle: services: 1) power cranes, shovels, loaders, a. medical, surgical, dental, x-ray, or diggers, or drills; nursing services or treatment, or the 2) concrete mixers (this does not furnishing of food or beverages in include the mix -in- transit type); and connection therewith; 3) graders, scrapers, rollers, and other road construction or repair b. the furnishing or dispensing of drugs or equipment. medical, dental, or surgical supplies or appliances. e. Those which are not self - propelled, but are used primarily to afford mobility to 2. This coverage does not apply to: the following types of equipment permanently attached thereto: a. expenses incurred by an "insured" for first aid to others at the time of an 1) air compressors, pumps, and accident; generators (this includes spraying, welding, and building cleaning b. an "insured" or an "employee" engaged equipment); in the business or occupation of 2) geophysical exploration, lighting, providing any of the services described and well servicing equipment; and under 1.a. and 1.b. above; or 3) cherry pickers and similar devices used to raise or lower workers. c. injury caused by an indemnitee if such indemnitee is engaged in the business 2. This coverage does not apply to self - or occupation of providing any of the propelled vehicles with the following types of services described in 1.a. and 1.b. permanently attached equipment: above. a. equipment designed primarily for snow MOBILE EQUIPMENT removal, street cleaning, road maintenance other than road "We" pay all sums for which an "insured" is construction, or resurfacing; legally liable for "bodily injury" or "property damage" resulting from mobile equipment, including attached equipment and machinery. AAIS BP -200 Ed 1.0 Page 32 of 43 b. cherry pickers and similar devices used b. a written settlement agreed to by "us ". to raise or lower workers; 3. If "we" defend a suit, "we" will pay: c. air compressors, pumps, and generators (this includes spraying, a. The costs taxed to the "insured ". welding, and building cleaning equipment); or b. The expenses incurred by "us ". d. geophysical exploration, lighting, and c. The actual loss of earnings by the well servicing equipment. "insured" for the time spent away from work at "our" request. "We" pay up to "We" cover "bodily injury" or "property damage" $100 per day. arising out of the operation of any of the equipment listed in paragraphs 2.b., 2.c., and d. The necessary expenses incurred by 2.d. above. the "insured" at "our" request. "We" will provide any liability, uninsured e. Pre judgment interest awarded against motorists, no fault, or other coverages required the "insured" on that part of the by any motor vehicle insurance law. "We" will judgment "we" pay. If "we" offer to pay provide the required "limits" for such required the "limit ", "we" will not pay any pre - coverage. judgment interest based on that period of time after the offer. DEFENSE COVERAGE f. The interest which accrues beginning with entry of a judgment and ending when "we" tender, deposit in court, or Payments under this coverage are in addition to Pay up to "our" "limit ". the "limits" for the Commercial Liability g. The cost of appeal bonds or bonds for Coverage. the release of attachments up to "our" "limit ". We are not required to apply for 1. "We" have the right and duty to defend a suit or furnish such bonds. seeking "damages" which may be covered under the Commercial Liability Coverage. h. The cost, up to $500, for bail bonds "We" may make investigations and settle required of an "insured" because of an claims or suits "we" decide are appropriate. accident or traffic violation arising out of the use of a vehicle to which Coverage Suit includes any alternative dispute L applies. "We" are not required to apply resolution proceeding involving "bodily for or furnish such bonds. injury", "property damage ", "personal injury", or "advertising injury" to which: a. "you" must submit; or EXCLUSIONS b. "you" submit with "our" consent. "We" do not pay for a loss if one or more of the 2. "We" do not have to provide defense after following excluded events apply to the loss, "we" have paid an amount equal to the regardless of other causes or events that "limit" as the result of: contribute to or aggravate the loss, whether such causes or events act to produce the loss a. a judgment; or before, at the same time as, or after the excluded event. s s AAIS BP -200 Ed 1.0 Page 33 of 43 EXCLUSIONS THAT APPLY TO BODILY watercraft, or mobile equipment owned by, INJURY, PROPERTY DAMAGE, PERSONAL operated by, rented to, or loaned to any INJURY, AND /OR ADVERTISING INJURY "insured ". 1. "We" do not pay for "bodily injury", "property This exclusion does not apply to: damage ", "personal injury", or "advertising injury" liability which is assumed by the a. "bodily injury" or "property damage" that "insured" under a contract or an agreement. arises out of "autos" or mobile equipment covered under Mobile This exclusion does not apply to: Equipment Coverage; a. liability that an "insured" would have had b. the parking of an "auto" on premises in the absence of the contract or owned by, rented to, or controlled by agreement; or "you" or on the ways immediately adjoining if the "auto" is not owned by or b. "bodily injury" or "property damage" rented to or loaned to "you" or the covered under Contractual Liability "insured "; Coverage, provided that the "bodily injury" or "property damage" occurs after c. liability assumed under a contract the effective date of the contract or covered under Contractual Liability agreement. Coverage for the ownership, maintenance, or use of an aircraft or a 2. "We" do not pay for "bodily injury", "property watercraft; damage ", "personal injury", or "advertising injury" that arises out of the rendering or the d. watercraft, if it is on shore on premises failure to render a professional service, owned by, rented to, or controlled by except as covered under Incidental Medical "you "; or Malpractice Injury Coverage. e. watercraft, if it is not owned by "you" 3. "We" do not pay for "bodily injury", "property and is: damage ", "personal injury", or "advertising injury" that arises out of the use of mobile 1) less than 26 feet in length; and equipment in, or in the practice or 2) not being used to cant' persons or preparation for, racing, speed, pulling or property for a charge. pushing, demolition, or stunt activities or contests. 6. "We" do not pay for "bodily injury", "property damage ", "personal injury", or "advertising 4. "We" do not pay for "bodily injury", "property injury" for which any "insured" may be held damage ", "personal injury", or "advertising liable by reason of. injury" that arises out of transporting mobile equipment by an "auto" owned by, operated a. causing or contributing to the by, rented to, or loaned to any "insured ". intoxication of a person; 5. "We" do not pay for "bodily injury", "property b. the furnishing of alcoholic beverages to damage ", "personal injury", and "advertising a person under the influence of alcohol injury" that arises out of the ownership, or under the legal drinking age; or operation, occupancy, renting, loaning, supervision, maintenance, use, entrusting, c. a law or regulation relating to the sale, "loading or unloading" of an "auto ", aircraft, gift, distribution, or use of alcoholic beverages. AAIS BP -200 Ed 1.0 Page 34 of 43 This exclusion applies if "you" are in the 2) at or from any premises, site, or business of manufacturing, distributing, location which is or was at any time selling, or serving alcoholic beverages. used by or for any "insured" or others, for the handling, storage, 7. "We" do not pay for "bodily injury", "property disposal, processing, or treatment of damage ", "personal injury", or "advertising waste; injury" that arises out of war. War includes 3) which are or were at any time undeclared war, civil war, insurrection, transported, handled, stored, rebellion, or revolution, or an act or a treated, disposed of, or processed condition of war. as waste by or for any "insured" or any person or organization for 8. "We" do not pay for "bodily injury" or whom any "insured" may be legally "property damage ": responsible; or 4) at or from any premises, site, or a. which is expected by, directed by, or location where any "insured" or any intended by the "insured "; or contractor or subcontractor, directly or indirectly under "your" control, is b. that is the result of intentional and working: malicious acts of the "insured ". a) if the pollutants are brought on This exclusion does not apply to "bodily or to the premises, site, or injury" that arises out of the use of location in connection with such reasonable force to protect people or work by such "insured ", unless property. the "bodily injury" or "property damage" arises from the heat, 9. "We" do not pay for "bodily injury" or smoke, or fumes of a fire which "property damage" included within the becomes uncontrollable or "products /completed work hazard" except as breaks out from where it was covered under Coverage N. intended to be located; or b) if the work is to test for, monitor, 10. "We" do not pay for clean up, remove, contain, treat, detoxify, neutralize, or in any a. "bodily injury" or "property damage" way respond to or assess the arising out of the actual, alleged, or effects of pollutants. threatened discharge, dispersal, seepage, migration, release, or escape b. any loss, cost, or expense arising out of of pollutants: any: 1) at or from any premises, site, or 1) request, demand, or order that any location which is, or was at any "insured" or others test for, monitor, time, owned by, occupied by, rented clean up, remove, contain, treat, to, or loaned to any "insured ", detoxify, neutralize, or in any way unless the "bodily injury" or respond to or assess the effects of "property damage" arises from the pollutants; or heat, smoke, or fumes of a fire 2) claim or suit by or on behalf of any which becomes uncontrollable or governmental authority relating to breaks out from where it was testing for, monitoring, cleaning up, intended to be located; removing, containing, treating, detoxifying, neutralizing, or in any way responding to or assessing the effects of pollutants. AAIS BP -200 Ed 1.0 Page 35 of 43 Pollutants means: c. coercion, demotion, evaluation, reassignment, discipline, defamation, a. any solid, liquid, gaseous, thermal, or harassment, humiliation, discrimination, radioactive irritant or contaminant, sexual misconduct, or other including acids, alkalis, chemicals, employment - related practices, policies, fumes, smoke, soot, vapor, and waste. acts, or omissions; or Waste includes materials to be disposed of as well as recycled, reclaimed, or d. consequential "bodily injury" or reconditioned. "personal injury" as a result of 13.a., 13.b., and 13.c. above. b. electrical or magnetic emissions, whether visible or invisible, and sound This exclusion applies where the "insured" is emissions. liable either as an employer or in any other capacity; or there is an obligation to fully or 11. "We" do not pay for: partially reimburse a third party for "damages" arising out of paragraph 13.a., a. "bodily injury" or "personal injury" to an 13.b., 13.c., or 13.d. above. "employee" of the "insured" if it occurs in the course of employment by the ADDITIONAL EXCLUSIONS THAT APPLY "insured "; or ONLY TO PERSONAL INJURY AND /OR ADVERTISING INJURY b. consequential injury to a spouse, child, parent, brother, or sister of such injured 1. "We" do not pay for "personal injury" or "employee ". "advertising injury" arising out of willful violation of an ordinance, statute, or This exclusion applies where the "insured" is regulation by an "insured" or with the liable either as an employer or in any other "insured's" consent. capacity; or there is an obligation to fully or partially reimburse a third party for 2. "We" do not pay for "personal injury" or "damages" arising out of paragraph 11.a. or "advertising injury" arising out of 1 1.b. above. a. oral or written publication of material This exclusion does not apply to liability done by or at the direction of an assumed by the "insured" under a contract "insured" who knew it was false; or covered under Contractual Liability Coverage. b. oral or written publication of the same or similar material by or on behalf of an 12. "We" do not pay for "bodily injury" or "insured" that took place prior to the "personal injury" if benefits are provided or policy. are required to be provided by the "insured" under a workers' compensation, disability 3. "We" do not pay for "advertising injury" benefits, occupational disease, arising out of breach of contract, other than unemployment compensation, or like law. misappropriation of advertising ideas under an implied contract. 13. "We" do not pay for "bodily injury" or "personal injury" that arises out of any: 4. "We" do not pay for "advertising injury" arising out of the failure of goods, products, a. refusal to employ; or services to conform with advertised quality or performance. b. termination of employment; i i ► AAIS BP -200 Ed 1.0 Page 36 of 43 5. "We" do not pay for "advertising injury" ADDITIONAL EXCLUSIONS THAT APPLY arising from an offense committed by an ONLY TO PROPERTY DAMAGE "insured" whose business is advertising, broadcasting, publishing, or telecasting. 1. "We" do not pay for "property damage" to property owned by, occupied by, or rented 6. "We" do not pay for "advertising injury" to "you ", except as covered under Coverage arising out of wrong descriptions of the price O. of an "insured's" goods, products, or services. 2. "We" do not pay for "property damage" to premises "you" sell, give away, or abandon, 7. "We" do not pay for: if the "property damage" arises out of any part of those premises. This exclusion does a. "personal injury" or "advertising injury" not apply if the premises are "your work" arising out. of the actual, alleged, or and were not occupied, rented, or held for } discharge, dispersal, rental by "you ". seepage, migration, release, or escape of pollutants at any time; or 3. "We" do not pay for "property damage" to property used by or loaned to "you ". This b. any loss, cost, or expense arising out of exclusion does not apply with respect to any: liability assumed under a sidetrack agreement. 1) request, demand, or order that any "insured" or others test for, monitor, 4. "We" do not pay for "property damage" to clean up, remove, contain, treat, either business or non - business personal detoxify, neutralize, or in any way property in the care, custody, or control of respond to or assess the effects of the "insured ". This exclusion does not apply pollutants; or with respect to liability assumed under a 2) claim or suit by or on behalf of any sidetrack agreement. governmental authority relating to testing for, monitoring, cleaning up, 5. "We" do not pay for "property damage" to removing, containing, treating, that specific part of real property on which detoxifying, neutralizing, or in any work is being performed by: way responding to or assessing the effects of pollutants. a. "you "; or Pollutants means: b. a contractor or subcontractor working directly or indirectly on "your" behalf, a. any solid, liquid, gaseous, thermal, or radioactive irritant or contaminant, if the "property damage" arises out of such including acids, alkalis, chemicals, work. This exclusion does not apply with fumes, smoke, soot, vapor, and waste. respect to liability assumed under a Waste includes materials to be disposed sidetrack agreement. of as well as recycled, reclaimed, or reconditioned. 6. "We" do not pay for "property damage" to that specific part of any property that must b. electrical or magnetic emissions, be restored, repaired, or replaced because whether visible or invisible, and sound of faults in "your work ". This exclusion does emissions. not apply to: a. "property damage" covered under the "products /completed work hazard" or AAIS BP -200 Ed 1.0 Page 37 of 43 b. liability assumed under a sidetrack ADDITIONAL EXCLUSIONS THAT APPLY agreement. ONLY TO MEDICAL PAYMENTS 7. "We" do not pay for "property damage" to These exclusions apply in addition to the other "products" if the damage arises out of the exclusions that apply to "bodily injury". "products" or their parts. 1. "We" do not pay for medical expenses for 8. "We" do not pay for "property damage" to "bodily injury" to an "insured ". "your work" if the "property damage" arises out of "your work" and is included in the 2. "We" do not pay for medical expenses for "products /completed work hazard ". This "bodily injury" to a person hired by or on exclusion does not apply if damage to the behalf of any "insured" to do work for: work or the part of the work out of which the damage arises is performed by a a. an "insured "; or subcontractor on "your" behalf. b. a tenant of an "insured ". 9. "We" do not pay for "property damage" to property that has not been physically injured 3. "We" do not pay for medical expenses for or destroyed, or to "impaired property ", that "bodily injury" to a person injured on that arises out of. part of the premises owned by or rented to "you" that the person normally occupies. a. a delay or failure to perform a contract by "you" or one acting on "your" behalf; 4. "We" do not pay for medical expenses for or "bodily injury" to a person injured while taking part in athletic activities. b. a defect, deficiency, inadequacy, or unsafe condition in "your work" or 5. "We" do not pay for medical expenses for "products ". "bodily injury" included in the "products /completed work hazard ". This exclusion does not apply to the loss of use of other property resulting from sudden 6. "We" do not pay for medical expenses for and accidental physical injury to or "bodily injury" to "your" members if "you" are destruction of "your work" or "products" after a club. having been put to its intended use. 7. "We" do not pay for medical expenses for 10. "We" do not pay for any loss or expense "bodily injury" to a guest of a hotel, motel, or incurred by "you" or anyone else arising out tourist court owned or operated by "you" or of the loss of use, disposal, withdrawal, on "your" behalf. recall, inspection, repair, replacement, adjustment, or removal of (including any 8. "We" do not pay for medical expenses for expenses involved in the withdrawal or "bodily injury" to a person if benefits are recall) of "your work ", "products ", or provided or required to be provided under "impaired property". This applies when the any workers' compensation, loss of use, disposal, withdrawal, recall, nonoccupational disability, occupational inspection, repair, replacement, adjustment, disease, or like law. or removal was because of a known or suspected defect, deficiency, or unsafe 9. "We" do not pay for medical expenses for condition. "bodily injury" to a: A f AAIS BP -200 Ed 1.0 Page 38 of 43 a. student or camper enrolled in a program 4. Other Duties — of any facility owned or operated by "you" or on "your" behalf; or a. If a claim is made or suit is brought, the "insured" must: b. patient or inmate being treated or detained in a facility owned or operated 1) promptly send to "us" copies of all by "you" or on "your" behalf. legal papers, demands, and notices; and 2) at "our" request, assist in: WHAT MUST BE DONE IN CASE OF LOSS a) a settlement; b) the conduct of suits. This includes the attendance at trials 1. .Notice — or hearings; c) the enforcing of rights against a. In the case of an "occurrence ", or if an all parties who may be liable to "insured" becomes aware of anything an insured for the injury or that indicates that there might be a claim damage; under the Commercial " you " must arrange for Liability d) the securing of and giving of Coverage, evidence; and prompt notice to be given to "us" or e) obtaining the attendance of all "our" agent. Notice to "our" agent is witnesses. notice to "us ". b. In the case of a medical payments loss: b. The notice to "us" must state: 1) the injured person (or one acting on 1) the "insured's" name; such person's behalf) must: 2) the policy number, a) give "us" written proof of claim 3) the time, the place, and the " (under oath if requested) as circumstances of the "occurrence", soon as practicable; and or the situation that indicates that b) give "us" permission to get there might be a claim; and copies of the medical records; 4) the names and addresses of all known and potential claimants and 2) the injured person must submit to witnesses. medical exams by doctors chosen 2. Cooperation — All "insureds" involved with by "us" when and as often as "we" an "occurrence" or an offense must may reasonably require. cooperate with "us" in performing all acts required by the Commercial Liability Coverage. HOW MUCH WE PAY 3. Volunteer Payments — An "insured" must not make payments or assume obligations 1. The "limits ", shown on the "declarations" or other costs except at the "insured's" own and subject to the following conditions, are cost. This does not apply to first aid to the most "we" pay regardless of the number others at the time of "bodily injury". of: AAIS BP -200 Ed 1.0 Page 39 of 43 a. "insureds" under the Commercial 5. Subject to the Each Occurrence Limit, "our" Liability Coverage; "limit" for "property damage" covered under Coverage O is $50,000 for each b. persons or organizations who sustain "occurrence" unless otherwise shown on the injury or damage; or "declarations ". c. claims made or suits brought. 6. Subject to the General Aggregate Limit and the Each Occurrence Limit, the Coverage M The payment of a claim under Coverage M Limit is the most that "we" will pay under does not mean that "we" admit "we" are Coverage M for all medical expenses liable under other coverages. because of "bodily injury" sustained by any one person. 2. The General Aggregate Limit is the most "we" will pay during a policy period for the 7. The General Aggregate Limit and the sum of. Products /Completed Work Hazard Aggregate Limit apply separately to each a. all "damages" under Coverage L, except consecutive 12 -month period beginning with "damages" due to "bodily injury" or the inception date of the Commercial "property damage" included under Liability Coverage shown on the Coverage N; "declarations ". They also apply separately to any remaining policy period of less than 12 b. all medical expenses under Coverage months, unless the Commercial Liability M; and Coverage has been extended after it was written. In that case, the additional period c. all "damages" under Coverage P. will be considered part of the last preceding period for the purpose of determining 3. The Products/Completed Work Hazard "limits ". Aggregate Limit is the most "we" will pay during a policy period for "damages" due to "bodily injury" or "property damage" included CONDITIONS under Coverage N. 4. The Each Occurrence Limit, subject to the 1. Bankruptcy — Bankruptcy or insolvency of General Aggregate Limit and the an "insured" does not relieve "us" of "our" Products /Completed Work Hazard obligations under Commercial Liability Aggregate Limit, is the most "we" will pay for Coverage. the total of: a. "damages" under Coverages L, N, O, 2. Insurance Under More Than One Policy and P; and — (Applies to all coverages except Coverage M — Medical Payments.) b. medical expenses under Coverage M. a. Insurance under this Commercial due to all "bodily injury" and "property Liability Coverage is primary except as damage" arising out of a single "occurrence" provided under paragraph or due to all "personal injury" and unless otherwise stated. The a amount of below, or "advertising injury" sustained by one person "our" liability is not reduced because of or organization. other insurance which applies to the loss on other than a primary basis. AAIS BP -200 Ed 1.0 Page 40 of 43 b. If the other insurance is also primary, d. When this insurance is excess over any "we" will share in the loss as follows: other insurance: 1) If the other insurance provides for 1) "we" will have no duty to defend any contribution by equal shares, "we" claim or suit that any other insurer will pay equal amounts with other has a duty to defend. If no other insurers until: insurer defends, "we" will do so. However, "we" will be entitled to the a) the lowest applicable "limit" "insured's" rights against all those under any one policy is other insurers. reached; or 2) "we" will pay "our" share of the b) the full amount of the loss is amount of loss, if any, that exceeds paid. the sum of: If part of the loss remains unpaid, a) the total amount that all such "we" will pay an equal share with the other insurance would pay for other insurers until the full amount of the loss in the absence of this the loss is paid, or until "we" have insurance; and paid "our" "limit" in full. b) the total of all deductibles and self- insured amounts required 2) If the other insurance does not by such other insurance. provide for contribution by equal shares, "we" will pay, up to "our" "We" will share the remaining loss "limit ", no more than that proportion with any other insurance that is not of the loss to which the applicable described in this excess insurance "limit" under this policy for such loss provision and was not bought bears to the total applicable "limit" specifically to apply in excess of the for all insurance against the loss. "limits" shown on the "declarations" of this Commercial Liability c. Insurance under this Commercial Coverage. Liability Coverage is excess over any other insurance: 3. Motor Vehicle Financial Responsibility Certification — When Commercial Liability 1) if the other insurance, whether Coverage is certified as proof of financial primary, excess, contingent, or on responsibility for the future under the any other basis, provides: provisions of any motor vehicle financial responsibility law, the insurance provided for a) fire, extended coverage, "bodily injury" liability or "property damage" builders' risk, installation risk, or liability will comply with the provisions of the similar coverage for "your work "; law to the extent of the coverage and "limits" or of insurance required by that law. b) fire insurance for premises rented to "you "; or 4. Premium — If the premium is shown on the "declarations" as a deposit premium, "we" 2) if the other insurance applies to any will compute the final earned premium at the loss arising out of the maintenance end of each audit period shown on the or use of aircraft, "autos ", or "declarations ". If it is more than the deposit watercraft which may be covered by premium paid by "you ", "we" will bill "you" this policy. AAIS BP -200 Ed 1.0 Page 41 of 43 for the difference. If the final earned premium is less than the deposit premium NUCLEAR ENERGY paid by "you ", "we" will return the difference LIABILITY EXCLUSION to "you ". "You" must maintain records of the information that is necessary for computing the premium. Copies of the records must be This insurance does not apply: sent to "us" at the end of the audit period or PP y: when requested by "us ". 1. under any liability coverage, to "bodily injury" 5. Separate Insureds — Coverage provided or "property damage ": under the Commercial Liability Coverage applies separately to each "insured" against a. with respect to which an "insured" under whom claim is made or suit is brought. This the policy is also an "insured" under a does not affect the "limits" stated under How Nuclear Energy Liability policy issued by Much We Pay. Nuclear Energy Liability Insurance Association, Mutual Insurance 6. Subrogation — If "we" pay under the Association, Mutual Atomic Energy Commercial Liability Coverage, "we" may Liability Underwriters, Nuclear require from an "insured" an assignment of Insurance Association of Canada, or any right of recovery. "We" are not liable any of their successors, or would be an under the Commercial Liability Coverage if "insured" under any such policy but for any "insured" has impaired "our" right to its termination upon exhaustion of its recover. An "insured" may waive its right to "limit" of liability; or recover, in writing, before an "occurrence" takes place. b. resulting from the "hazardous properties" of "nuclear material" and 7. Suit Against Us — No suit may be brought with respect to which: against "us" unless: 1) any person or organization is a. all the "terms" of the Commercial required to maintain financial Liability Coverage have been complied protection pursuant to the Atomic with; and Energy Act of 1954, or any law amendatory thereto; or b. the amount of the "insured's" liability has 2) the "insured" is, or had this policy been determined by: not been issued would be, entitled to indemnity from the United States 1) a final judgment against an of America or any agency thereof, "insured" as a result of a trial; or under any agreement entered into 2) a written agreement by the by the United States of America or "insured ", the claimant, and "us ". any agency thereof, with any person or organization. No person has a right under the Commercial Liability Coverage to join "us" or implead 2• under any Medical Payments coverage, to "us" in actions that are brought to determine expenses incurred with respect to "bodily an "insured's" liability. injury" resulting from the "hazardous properties" of "nuclear material" and arising out of the operation of a "nuclear facility" by any person or organization. AAIS BP -200 Ed 1.0 Page 42 of 43 3, under any liability coverage, to "bodily injury" 4. "Spent Fuel" — This means any fuel element or "property damage" resulting from the or fuel component, solid or liquid, which has "hazardous properties" of "nuclear material ", been used or exposed to radiation in a if. "nuclear reactor". a. the "nuclear material ": 5. "Waste" — This means any "waste" material: 1) is at any "nuclear facility" owned by, a. containing "by- product material" other or operated by or on behalf of, an than the tailings or wastes produced by "insured "; or the extraction or concentration of 2) has been discharged or dispersed uranium or thorium from any ore therefrom; processed primarily for its "source material" content; and b. the "nuclear material" is contained in "spent fuel" or "waste" at any time b. resulting from the operation by any possessed, handled, used, stored, person or organization of any "nuclear processed, transported, or disposed of facility" included under the first two by or on behalf of an "insured "; or paragraphs of the definition of "nuclear facility". c. the "bodily injury" or "property damage" arises out of the furnishing by an 6. "Nuclear Facility"— This means: "insured" of services, materials, parts, or equipment in connection with the a. any "nuclear reactor". planning, construction, maintenance, operation, or use of any "nuclear b. any equipment or device designed or facility", but if such facility is located used for: within the United States of America, its territories or possessions, or Canada, 1) separating the isotopes of uranium this exclusion (c.) applies only to or plutonium; "property damage" to such "nuclear 2) processing or utilizing "spent fuel "; facility" and any property thereat. or 3) handling, processing, or packaging "waste ". DEFINITIONS c. any equipment or device used for the processing, fabricating, or alloying of The following definitions apply to the Nuclear "special nuclear material" if at any time Energy Liability Exclusion: the total amount of such material in the custody of the "insured" at the premises 1. "Hazardous Properties" — These include where such equipment or device is radioactive, toxic, or explosive properties. located consists of or contains more than 25 grams of plutonium or uranium - 2. "Nuclear Material" — This means "source 233 or any combination thereof, or more material ", "special nuclear material ", or "by_ than 250 grams of uranium -235. product material ". d. any structure, basin, excavation, 3. "Source Material ", "Special Nuclear premises, or place prepared or used for Material ", "By- product Material" — These the storage or disposal of "waste "; have the meanings given them in the Atomic Energy Act of 1954, or in any law amendatory thereof. AAIS BP -200 Ed 1.0 Page 43 of 43 and includes the site on which any of the b. to contain a critical mass of fissionable foregoing is located, all operations material. conducted on such sites, and all premises used for such operations. 8. "Property Damage" — This includes all forms of radioactive contamination of property. 7. "Nuclear Reactor" — This means any apparatus designed or used: BP -200 Ed 1.0 a. to sustain nuclear fission in a self - copyright McMxciv supporting chain reaction; or American Association of Insurance Services SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff ;;J i r 0, 01 cwrotrt Jody S Smith �;; °' () Chief Deputy Richard W Stewart i"fs;I ;` ,' Solicitor Everett Cash Mutual Insurance Company vs. Case Number Sawyers Kamel (et al.) 2013-7635 SHERIFF'S RETURN OF SERVICE 12/31/2013 03:53 PM - Deputy Shawn Harrison, being duly sworn according to law, s-,ed e r quested Complaint &Notice by handing a true copy to a person representing themselves t• be - y -gib, Business partner, who accepted as"Adult Person in Charge"for Sawyers Kamel at .' st Ki g Street, Shippensburg Borough, Shippensburg, PA 17257. 1 , S WN QV:,' : , DEPUTY r 12/31/2013 03:53 PM - Deputy Shawn Harrison, being duly sworn according to law, : e■ the -quested Complaint & Notice by handing a true copy to a person representing themselves o b; 'amy agib, Owner,who accepted as"Adult Person in Charge"for Shippensburg Select Diner LL . ' Wes King Street, Shippensburg Borugh, Shippensburg, PA 17257. IA S N • :• � - TY 01/02/2014 01:30 PM - Deputy William Cline, being duly sworn according to law, served the requested Complaint& Notice by handing a true copy to a person representing themselves to be Gary Russell-Owner,who accepted as"Adult Person in Charge"for Weekend Warrior Surplus, LLC at Cumberland County Prison, 1101 Clairmont Rd, Carlisle, PA 17013. 7 I LIAM C INE, DEPUTY 01/02/2014 01:30 PM- Deputy William Cline, being duly sworn according to law, served the requested Complaint& Notice by handing a true copy to a person representing themselves to be Gary Russell, Owner, who accepted as"Adult Person in Charge"for DGR Properties, LLC at Cumberland Cou ty Prison, 1101 Clairmont Rd, Carlisle, PA 17013. /41 'MOP _, �WLINE, DEPUTY SHERIFF COST: $105.84 SO ANSWERS, January 03, 2014 RONNY R ANDERSON, SHERIFF • ?OA 4PI? 30 P ONSERLAN PENNSYLVANIA IN T IECOURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA EVERETT CASH MUTUAL INSURANCE COMPANY Plaintiff, v. SAWYERS KAMEL, SHIPPENSBURG SELECT DINER, LLC, WEEKEND WARRIOR SURPLUS, LLC and DGR PROPERTIES, LLC Defendants I hereby ertify that a true & correct copy oft; e within was served on other counse or arties of record this 28th day o A .1 •14. for Plaintiff : CIVIL ACTION - IN EQUITY : No.: 2013 - 07635 : DECLARATORY JUDGMENT : ISSUE: Praecipe to Discontinue : Filed on Behalf of Plaintiff: : Counsel of Record for this Party: Stephen L. Dugas, Esquire MARGOLIS EDELSTEIN PA. I.D. No: 21351 P.O. Box 628 Hollidaysburg, PA 16648 (814) 695-5064 Fax: (814) 695-5066 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA EVERETT CASH MUTUAL CIVIL ACTION - IN EQUITY INSURANCE COMPANY Plaintiff, No.: 2013 - 07635 v. SAWYERS KAMEL, SHIPPENSBURG SELECT DINER, LLC, WEEKEND WARRIOR SURPLUS, LLC and DGR PROPERTIES, LLC DECLARATORY JUDGMENT Defendants JURY TRIAL DEMANDED PRAECIPE TO DISCONTINUE TO PROTHONOTARY: Mark the above captioned Declaratory Judgment Action, "Discontinued, without rejudice." By: 0 IS EDELSTEIN Stephe Dugas, Esqui e Attorn : for Plaintiff PA. ID • 13 51 P.O. Box 628 Hollidaysburg, PA 16648 (814) 695-5064 Fax: (814) 695 -5066