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Home My WebLink About05-3376Marshall, Dennehey Warner Coleman & Goggin By: Eric R. Brown Identification No. 84530 1845 Walnut Street Philadelphia, PA 19103 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA UNITED NATIONAL INSURANCE CIVIL ACTION- LAW COMPANY 5300 Derry Street No. Q?? 3 3 -7 Harrisburg, PA 17111 Plaintiff V. CLOUSE TRUCKING, INC. 2075 Ritner Highway Carlisle, PA 17013 and J. EDWARD CLOUSE 2075 Ritner Highway Carlisle, PA 17013 and LAND O' LAKES, INC. 405 Park Drive Carlisle, PA 17013 and DAIRY MARKETING SERVICES, LLC P.O. Box 4814 Syracuse, NY 13221 and ST. PAUL REINSURANCE COMPANY LTD. c/o LEBOUEF, LAMB, GREENE & McCRAE 520 Madison Avenue New York, NY 10022 and CENTENNIAL INSURANCE COMPANY 140 Broadway New York, NY 10005-1 1 01 Defendants NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claims 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 Telephone: (717) 249-3166 AVISO Le ban demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las pagin as siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notification. Hace falta asentar una comparencia escrita o en persona o con un abogado y entregar a la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede continuar la demanda en contra suya a sin previo aviso o notificacion Ademas, la Corte puede decidir a favor del demandante y reqiere que usted cumpla con todas las provisions de esta demanda, Usted puede perder dinero o sus propiedades u otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 Telephone: (717) 249-3166 Marshall, Dennehey Warner Coleman & Goggin By: Eric R. Brown Identification No. 84530 1845 Walnut Street Philadelphia, PA 19103 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA UNITED NATIONAL INSURANCE CIVIL ACTION- LAW COMPANY 5300 Derry Street No. Harrisburg, PA 17111 Plaintiff V. CLOUSE TRUCKING, INC. 2075 Ritner Highway Carlisle, PA 17013 and J. EDWARD CLOUSE 2075 Ritner Highway Carlisle, PA 17013 and LAND O' LAKES, INC. 405 Park Drive Carlisle, PA 17013 and DAIRY MARKETING SERVICES, LLC P.O. Box 4814 Syracuse, NY 13221 and ST. PAUL REINSURANCE COMPANY LTD. c/o LEBOUEF, LAMB, GREENE & McCRAE 520 Madison Avenue New York, NY 10022 and CENTENNIAL INSURANCE COMPANY 140 Broadway New York, NY 10005-1101 Defendants COMPLAINT FOR DECLARATORY JUDGMENT AND NOW, comes plaintiff, United National Insurance Company by and through its undersigned counsel Marshall, Dennehey, Warner, Coleman & Goggin, and hereby files this Complaint for Declaratory Judgment and in support thereof, avers as follows: 1. Plaintiff, United National Insurance Company, ("United National") is a Pennsylvania corporation licensed to issue insurance policies in the Commonwealth of Pennsylvania, with a business address of 5300 Derry Street, Harrisburg, Pennsylvania 17111. 2. Defendant, Clouse Trucking, Inc. is a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principle place of business located at 2075 Rimer Highway, Carlisle, Pennsylvania 17013. Defendant, J. Edward Clouse is an adult individual who at all times relevant to this claim was chief executive officer and an authorized employee of Clouse Trucking, with a business address of 2075 Rimer Highway, Carlisle, Pennsylvania 17013. 4. Defendant, Land O' Lakes, Inc. is a Minnesota corporation with a local business address of 405 Park Drive, Carlisle, Pennsylvania 17013, and named herein as a nominal defendant pursuant to the Declaratory Judgment Act, 42 Pa. C.S.§ 7531, et seg. 5. Defendant, Dairy Marketing Services, LLC is a limited liability company doing business in Pennsylvania with offices located at P.O. Box 4814, Syracuse, New York 13221, and named herein as a nominal defendant pursuant to the Declaratory Judgment Act, 42 Pa. C.S.§ 7531, et seg. 6. Defendant, St. Paul Reinsurance Company, Ltd. is, upon information and belief, an insurance carrier who issued a commercial general liability insurance policy to Clouse Trucking and may have an interest in the outcome of this litigation. Defendant, Centennial Insurance Company is, upon information and belief, an insurance carrier who issued a motor truck carriers' liability insurance policy to Clouse Trucking and may have an interest in the outcome of this litigation. 8. This is an action for declaratory judgment brought pursuant to 42 Pa.C.S. § 7531, et seq., for the purpose of determining a question in actual controversy between the parties, as more fully described herein. 9. The instant controversy arises under a policy of commercial automobile liability insurance, bearing policy no. UN3700799 issued to Clouse Trucking, Inc. as its named insured. (A certified copy of the insurance policy is attached hereto as Exhibit "A", Bates numbered 0001-0064 for ease of reference). 10. The dispute concerns the defense and potential indemnification of Clouse Trucking, Inc. and J. Edward Clouse for a lawsuit filed by Land O' Lakes and Dairy Marketing Services naming Clouse Trucking and J. Edward Clouse as defendants, in the Cumberland County Court of Common Pleas, No. 03-2782. ("The underlying action"). (A copy of the Amended Complaint in the underlying action is attached hereto as Exhibit "B"). 11. The Amended Complaint in the underlying action alleges, in pertinent part: 10. At all times relevant to the within cause of actions, DMS [Dairy Marketing Services] marketed milk of producers, including certain producers located in Pennsylvania ("DMS Producers"), and engaged Clouse Trucking to pick up raw milk from producers and deliver the raw milk to dairy plants. 11. All Defendants knew of should have known that for a period of time immediately prior to August 6, 2001, Martin had halted milk shipments because of the presence of antibiotics in Martin's raw milk. 12. On or about August 6, 2001, L.E. Speidel (hereinafter "Speidel"), an employee of Clouse Trucking, operating a tank truck owned by Clouse Trucking, on behalf of Cloverland picked up a load of raw milk from the farm tank of Martin (hereinafter the "Cloverland Milk"). Prior to loading such raw milk onto the rear compartment of the tank truck, Speidel took a raw milk sample, commonly referred to as a producer sample, from the Martin farm tank. 13. Thereafter, in the same truck and on behalf of DMS, Speidel picked up more milk from the farm tanks of the DMS Producers (hereinafter "DMS Milk") and also took producer samples from such DMS Producers' farm tanks and loaded the DMS Milk into the rear compartment of the tank truck. 14. Speidel prepared and signed a Cloverland form delivery receipt specifying the amount of milk received from Martin and prepared and signed a DMS form delivery receipt specifying the amount of milk picked up from each DMS producer, to be delivered with the milk to the dairy plant receiving the milk. 15. Clouse Trucking delivered the Cloverland Milk and DMS Milk to the Lehigh Valley Dairy (hereinafter "LVD") processing plant in Schuylkill Haven, Schuylkill County, Pennsylvania and presented the delivery receipts. 19. LVD employs individuals certified to perform presumptive tests for antibiotics and operates a laboratory at Schuylkill Haven, Pennsylvania (hereinafter "LVD Lab") certified to conduct confirmatory tests for antibiotics. 20. An LVD employee performed a presumptive test on a sample of the co-mingled DMS and Cloverland milk from the rear compartment of the Clouse Truck, The presumptive test showed a positive result. 21. The LVD Lab then performed a confirmatory test on a sample of the co-mingled DMS and Cloverland milk from the rear compartment of the Clouse tank truck. The confirmatory test also showed a positive result. 23. LVD Lab then tested each individual producer sample of the producers whose milk was contained in the rear compartment, and the Martin producer sample was determined to be the source of the antibiotic residue. 33. The Clouse truck with the Condemned Milk returned to a Clouse Trucking facility. 36. Fox and/or Clouse created a new delivery receipt for the Cloverland Milk which did not contain the language that LVD placed on the original Cloverland delivery receipt indicating that the milk was rejected because of antibiotics, and Fox and/or Clouse forged the signature of Speidel who had picked up the milk from Martin (hereinafter "Fictitious Cloverland Receipt"). 37. Fox and/or Clouse also created a new delivery receipt for the DMS Milk which had been commingled with the contaminated Cloverland Milk, which new receipt did not disclose that both the front and rear tank compartments had been filled with producer milk as had been indicated on the original delivery receipt and Fox and/or Clouse forged the signature of Speidel who had picked up the DMS Milk from producers (hereinafter "Fictitious DMS Receipt"). 38. At some time, Clouse and Fox removed the LVD seal on the lid of the rear compartment of the tank truck and removed the antibiotics tag placed there by LVD. 40. Later on August 6, 2001, a representative of Clouse Trucking contacted LOL [Land O'Lakes] and requested LOL Lab to test two producer samples for antibiotics. 41. Later on August 6, 2001, Fox delivered to the LOL Lab raw milk identified as producer samples number 1002 purportedly from Dan Martin and number 10 12 from Joel Martin. Both samples tested negative for antibiotics. 42. Later on August 6, 2001, Clouse contacted LOL and requested approval to deliver a load of raw milk to the Holly Plant. Clouse further represented that the producer samples which were brought to LOL by Fox earlier in the evening represented the same raw milk on the truck. 43. Despite knowledge that under the PMO the Condemned Milk could not be used for human consumption, Fox and/or Clouse without any authorization from DMS, directed that the Condemned Milk be delivered to the LOL Holly Plant. 44. Clouse and/or Fox directed the driver of the truck delivering the Condemned Milk to present the Fictitious Cloverland and DMS Receipts to LOL. 45. At approximately 11:30 p.m. on August 6, 2001, the Clouse Trucking tank truck driven by a Clouse Trucking employee with 29,506 pounds of the Condemned Milk was received at the LOL Holly Plant, and the Fictitious Cloverland and DMS Receipts which had been manufactured by Clouse, Fox, Cloverland and/or Clouse Trucking were provided to LOL. 47. LOL Lab personnel specifically asked Clouse if there was any reason not to take the milk, and he responded that there was not. 49. At no time did Fox, Clouse or any representative of Clouse Trucking or Cloverland advise LOL that the Condemned Milk had previously failed a confirmatory antibiotics test. 50. Based upon the statements of Clouse and Fox as aforementioned, the Fictitious Cloverland Receipt and the Fictitious DMS Receipt, and the testing which was performed, LOL received 29,506 pounds of Condemned Milk from the Clouse Trucking truck. 51. The 29,506 pounds of Condemned Milk from the Clouse Trucking tank truck was pumped into a LOL raw milk storage silo and commingled with 454,854 pounds of milk from other producers. 51 The delivery of the Condemned Milk by Cloverland and/or Clouse Trucking constituted a sale of the Condemned Milk by Cloverland to LOL. 53. On August 7, 2001, the Pennsylvania Department of Agriculture notified LOL that the milk in the Clouse Trucking tank truck, the Condemned Milk, which had been received by LOL the previous day, had previously failed both a presumptive confirmatory antibiotics test and could not be used for dairy products for human consumption, and further advised that any raw milk with which the Condemned Milk had been commingled could not be used for human consumption. 54. LOL was required to destroy the 484,360 pounds of milk in the raw milk storage silo into which the Condemned Milk has been pumped, or to dispose of it for uses other than human consumption. (See Exhibit "B"). 12. As a result of these factual allegations, plaintiffs asserted 12 causes of action, seven of which ware directed at Clouse Trucking and J. Edward Clouse: namely (1) Count VI- fraudulent misrepresentation, (2) Count VII- vicarious liability, (3) Count VIII- negligent misrepresentation, (4) Count IX- vicarious liability, (5) Count X- negligence, (6) Count XI- breach of contract implied in fact or in law, and (7) Count XII- negligence. (See Exhibit "B"). COUNT I - DECLARATORY JUDGMENT 13. Plaintiff incorporates by reference paragraphs 1 through 12 as though fully set forth at length herein. 14. At all material times, the United National policy of commercial automobile liability insurance provided coverage pursuant to the following coverage grant: A. COVERAGE We will pay all sums and "insured" legally must pay as damages because of "bodily injury" or "property damage" to which this insurance applies, caused by an "accident" and resulting from the ownership, maintenance or use of a covered "auto". (See Exhibit "A", Bates No. 0047). 15. At all material times, the policy contained and exclusion for "'bodily injury' or 'property damage' expected or intended from the standpoint of the 'insured'." (See Exhibit "A", Bates No. 0049, Exclusion 1). 16. At all material times the policy included the following exclusion to: "'property damage' to or 'covered pollution cost or expense' involving property owned or transported by this 'insured' or in the 'insured's' care, custody or control. But this exclusion does not apply to liability assumed under a side track agreement."' (See Exhibit "A", Bates No. 0049, Exclusion 6). 17. There is no coverage provided by the United National policy for Count VI of the complaint in the underlying action alleging fraudulent misrepresentation as the allegations allege neither an "accident" or injury resulting from the ownership, maintenance or use of a covered "auto". 18. Further, there is no coverage as the allegations of fraudulent misrepresentation fall within the terms of the exclusion for bodily injury or property damage expected or intended from the standpoint of the insured. 19. There is no coverage for Count VII of the complaint in the underlying action for vicarious liability against Clouse Trucking as the Count does not allege an accident or any bodily injury or property damage arising out of the ownership, maintenance or use of a covered auto. 20. There is no coverage for Count VIII of the complaint in the underlying action, alleging negligent misrepresentation against Clouse Trucking, as the Count does not allege an accident or any bodily injury or property damage arising out of the ownership, maintenance or use of a covered auto. 20. There is no coverage for Count IX of the complaint in the underlying action for the vicarious liability of Clouse Trucking as the Count does not allege an accident or any bodily injury or property damage arising out of the ownership, maintenance or use of a covered auto. 21. Count X of the complaint in the underlying action alleges negligence against Clouse Trucking, contending that Clouse Trucking had a duty to notify Land O' Lakes that the milk delivered could not be used for human consumption and a duty not to cause to be delivered to Land O' Lakes raw milk that could not be used for human consumption. (See Exhibit "B", ¶1121-22). 22. The complaint in the underlying action alleges that Clouse Trucking breached those duties by delivering milk that was not suitable for human consumption and failing to notify Land O' Lakes that it was delivering milk not suitable for human consumption. (See Exhibit "B", ¶¶123-24). 23. There is no coverage for Count X because the allegations of negligence do not arise out of the maintenance, use or operation of a covered "auto" and any property damage falls within the exclusion for property in the care, custody or control of an insured, Exclusion 6. 24. There is no coverage for Count XI of the complaint in the underlying action, alleging breach of contract implied in fact or in law, because breach of contract does not constitute an accident, the policy contains an exclusion for contractual liability, the implied contract concerns property in the care, custody and control of the insured, and the injury does not arise out of the maintenance, use or operation of a covered auto. 25. Count XII alleges negligence against Clouse Trucking for breaching its duty not to contaminate the milk of Dairy Marketing Services by commingling the DMS milk with unsanitary milk. 26. There is no obligation to provide coverage for this negligence as it does not arise out of the maintenance, use, or operation of a covered "auto", and any property damage falls within the exclusion for property in the care, custody or control of an insured, Exclusion 6. WHEREFORE, plaintiff, United National Insurance Company respectfully requests judgment in its favor and a declaration issued by this Honorable Court: A. Declaring that the claims made against Clouse Trucking in the underling action do not arise out of the maintenance, use or operation of a covered auto. B. Declaring that the claims made against Clouse Trucking in the underling action fall within the exclusion for any property damage for property in the care, custody or control of an insured. C. Declaring that United National Insurance Company owes no obligation to continue defending Clouse Trucking, Inc. in the underlying action; D. Declaring that United National shall be reimbursed its defense costs from the date of tender by the party responsible for the defense, and; E. Granting any other such relief available which this court finds plaintiff justly entitled. Respectfully submitted, MARSHALL, DENNEHEY, WARNER, COLEMAN & OGGIN ERIC R. BROWN, ESQUIRE Attorney for Plaintiff United National Insurance Company \01 -1 8T1AB\BXB \LLP G\657587 W CR\09121\001 01 VERIFICATION James R. Haley being duly sworn according to law deposes and says that he is an authorized representative of United National Insurance Company and that he is authorized to take this verification on behalf of United National Insurance Company and that the facts set forth in the foregoing Complaint for Declaratory Judgment are true and correct to the best of his knowledge, information, and belief This verification is subject to 18 Pa.C.S. §4904 which provides for certain penalties for making false statements. JAMES R. HALEY DATE: . . November 11, 2004 Integrity Administrators 5300 Derry Street Harrisburg, PA 17111- 4438 Attn:Sharon Leaman, Claims Representative II Re: Certified Copy of. UN3700789, Clouse Trucking, Inc. Dear Sharon, NTE BJ TY Unbemnters Please find enclosed the above referenced CERTIFIED COPY, which is to the best of my knowledge true and correct as of the date of this letter. If you should need anything else, please do not hesitate to contact us. Sincerely, - rrnth Underwriter Notary Seal: Encl. DS/ds clWord/ceedtr1doc NOTARIAL SEAL MARIE A. FOREMAN, Notary Public City of Harrisburg. Dauphin coupty r y Commission Expires October 15, 2006 Subscribed and sworn before me this 11-Day of d{j k 004 tlatit A .?v Rotary Public ?c-??6Pr I S_ 2oa6 Commission expires 0001 5300 Derry Street, Harrisburg, PA 17111-3598 800-897-2299, ext 2297 Fax 717-561- EXHIBIT 1 11 a„ 9? r ENDORSEMENT NAMED INSURED POUCY NUMBER ENDORSEMENT NO. LOUSE TRUCKING INC UN3700789 01 ENDORSEMENT DATE EFFECTIVE AS OF 13x1 AM STANDARD TIME ADDITIONAL PREMIUM RETURN PREMIUM 07/05/2001 S 28,042.00 S The following premiums are being charged in accordance with the reporting forms filed for the period of 07/05/01 TO 07/31/01: Total Mileage/Receipts: $ 801,660 x 3.498 = $ 28,042 Nothing herein contained shall be held to vary, alter, waive or extend any of the terms, conditions, agreements or limitations of the Policy or any Endorsement attached thereto, except as herein set forth. United National Insurance Company 0002 Bata Cynwyd, PA UN1C 05 6196 Countersigned by AUTHORIZED REPRESENTATIVE RF_Cci\/Fn AUG 1 3 2001 l'?.J J^^P//I //(/f/AjyLJ HOME OFFICE ?V44?3r5 Vij tJ q?/9?or ENDORSEMENT NAMED INSURED POLICY NUMBER ENDORSEMENT NO. LOUSE TRUCKING INC UN3700789 02 ENDORSEMENT. DATE EFFECTIVE AS OF 1291 AM STANDARD TIME ADDITIONAL PREMIUM RETURN PREMIUM 07/05/2001 S 26,234.00 s The following premiums are being charged in accordance with the reporting forms filed for the period of os/oi/O1 TO 08/31/01: Total Mileage/Receipts: $ 631,713 x 3.498 = $26,234.00 MMP ******** MINIMUM MONTHLY PREMIUM APPLIES Nothing herein contained shall be held to vary, alter, waive or extend any of the terms, conditions, agreements or limitations of the Policy or any Endorsement attached thereto, except as herein set forth. Bala Cynwyd, PA Company 0003 Countersigned by ""? -'d'---? UNIC 05 6196 AUTHORIZEDREPRESENTATIVE RECEIVED SE' NOW. oePrrc ?47?75 V ` ENDORSEMENT r, NAMED INSURED POLICY NUMBER ENDORSEMENT -NO. LOUSE TRUCKING INC UN3700789 03 ENDORSEMENT DATE EFFECTIVE AS OF 12'91 AM STANDARD TIME ADDITIONAL PREMIUM. RETURN PREMIUM 07/05/2001 5 $ AMENDING RFLIAB FORM TO SHOW: ITEM #3 - ESTIMATED ANNUAL PREMIUM SHOULD READ: $349,786.00 ITEM #6 - SHOULD BE $314,807 IN LIEU OF $349,786 DELETING SYMBOLS 42 FOR UNINSURED AND UNDERINSURED COVERAGE AND ADDING SYMBOL 45. NO CHANGE IN PREMIUM. Nothing herein contained shall be held to vary, alter, waive. or extend any of the terms, conditions, agreements or limitations of the Policy or any Endorsement attached thereto, except as herein set forth. assurance nwvd. PA Countersigned by UNIC Os. V96 0004 ....... AUWORIZED REPRESENTATIVE HOMS a€r. IC- AU4az1s ENDORSEMENT NAMED INS ED POLICY NUMBER ENDORSEMENT NO. LOUSE TRUCKING INC UN3700789 04 ENDORSEMENT DATE EFFECTIVE AS OF 1201 AM STANDARD TIME ADDITIONAL PREMIUM RETL R N PREMIUM 09/03/2001 S [ ADDING ENDORSEMENT CA2048 AS PER ATTACHED. NO CHANGE IN PREMIUM. Nothing herein contained shall be held to vary, alter, waive or extend any of the terms, conditions, agreements or limitations of the Policy or any Endorsement attached thereto, except as herein set. forth. tional Insurance Data Cynwvd, PA UNIC 05 6/96 Countersigned by 0005 AUTHORIZED REPRESENTATIVE HOME -FF=CE ANP27s POLICYNUM13ER: UN3700789 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modi- fied by this endorsement. This endorsement identifies person(s) or organization(s) who are "insureds" under the Who Is An Insured Provi- sion of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Endorsement Effective: Countersigned By: Named Insured: Authorized Re resentative SCHEDULE Name of Personts) or Organization(s): C.B. MILK SE VICES, INC. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to the endorsement,) COMMERCIAL AUTO CA 20 48 02 99 Each person or organization shown in the Schedule is an "insured" for Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured Provision contained in Section II of the Coverage Form. 0006 CA 20 48 02 99 Copyright, Insurance Services Office, Inc, 1958 Page 1 of 1 0 HGME OF-TcZ 097275 ENDORSEMENT 10?0 (alfi NAMED INSURED POUCY NUMBER ENDORSEMENT NO. 'LOUSE TRUCKING INC UN3700789 05 ENDORSEMENT DATE EFFECTIVE AS OF IWI AM STANDARD TIME ADDITIONAL PREMIUM RETURN PREMIUM 07/05/2001 S 35,412.00 i s The following premiums are being charged in accordance with the reporting forms filed for the period of 09/01/01 to 09/30/01: Total Mileage/Receipts: $ 1,012,364 x 3.498 = $ 35,412 Nothing herein contained shall be held to vary, alter, waive or extend any of the terms, conditions, agreements or limitations of the Policy or any Endorsement attached thereto, except as herein set forth. United National Insurance Company Bala Cynwyd, PA UNIC 05 6/96 Countersigned by 0007 AUTHORIZED REPRESENTATIVE NOME OFFICE REG Ei ,J cz. i { .: 2jo1 (?Y+U4 10 G.? I j ENDORSEMENT NAMED INSURED POUCY NUMBER ENDORSEMENT NO. LOUSE TRUCKING INC UN3700789 06 ENDORSEMENT DATE EFFECTIVE AS OF 12-M AM STANDARD TIME ADDfnONALPREMIUM RETURNPREMIUM 07/05/2001 S 30,416.00 S The following premiums are being charged in accordance with the reporting forms filed for the period of 10/01/01 TO 10/31/01: Total Mileage/Receipts: $ 869,529 x 3.498 = $ 30,416 Nothing herein contained shall be held to vary, alter, waive or extend any of the terms, conditions, agreements or limitations of the Policy or any Endorsement attached thereto, except as herein set forth. 1 United National Insurance Company 0008 Bala-. Cynwyd, 'PA _ UNIC 05 6196 Countersigned by AUTHORIZED REPRESENTATIVE 6-r v HOME OFF-CE xv4727S V ENDORSEMENT NAMED URED POLICY NUMBER ENDORSEMENT NO. LOUSE TRUCKING INC UN3700789 07 ENDORSEMENT DATE EFFECnVE AS OF 12:01 AM STANDARD TIME ADDITIONAL PREMIUM RETURN PREMIUM 07/05/2001 S 34,448.00 S The following premiums are being charged in accordance with the reporting forms filed for the period of 11/1/01 TO 11/30/01: Total Mileage/Receipts: $ 984,790 x 3.498 = $ 34,448 Nothing herein contained shall be held to vary, alter, waive or extend any of the. terms, conditions, agreements or limitations of the Policy or any }indorsement attached thereto, except as herein set forth. 1 United National Insurance Company 0009 Bala Cynwyd, PA , Countersigned by UNIC 05 6/96 RECEIVD01 ;Er 1 2001 NOME OFFICE b??0 ENDORSEMENT NAMED INSURED POUCY NUMBER ENDORSEMENT NO. LOUSE TRUCKING INC UN3700789 08 ENDORSEMENT DATE EFFECTIVE AS OF 1Vn AM STANDARD TIME ADDITIONAL PREMIUM RETURN PREMIUM 07/05/2001 S 31,993.00 S The following premiums are being charged in accordance with the reporting forms filed for the period of 12/1/01 TO 12/31/01: Total Mileage/Receipts: $ 914,615 x 3.498 = $ 31,993 Nothing herein contained shall be held to vary, alter, waive or extend any of the terms, conditions, agreements or limitations of the Policy or any Endorsement attached thereto, except as herein set forth. L unttea nlattorlat insurance Lompany 0010 Bala Cynwyd, PA Countersigned by -?'--?J UNIC 05 6196 AUTHORIZED REPRESENTATIVE ROME OFFICE - ' AV47275 \/^Y l? ENDORSEMENT NAMEDINSURED POUCYNUMM ENDORSEMENT NO. LOUSE TRUCKING INC UN3700789 09 ENDORSEMENT DATE EFFECTIVE AS OF 1207 AM STANDARD TIME ADD1710NAL PREMIUM RETURN PREMIUM 07/05/2001 $ s AMENDING POLICY TO SHOW A MINIMUM MONTHLY PREMIUM OF $26,234 NO CHANGE IN PREMIUM. Nothing herein contained shall be held to vary, alter, waive or extend any of the terms, conditions, agreements or limitations of the Policy or any Endorsement attached thereto, except as herein set forth. United National Insurance Company 0011 Countersigned by UNIC 05 6196 v HOME OFFICE RECE1V ?b ENDORSEMENT NAMED INSURED POLICY NUMBER ENDORSEMENT NO. LOUSE TRUCKING INC TJN3700789 10 ENDORSEMENT DATE EFFECTIVE AS OF 12.;7 AM STANDARD TIME ADDITIONAL PREMIUM RETURN PREMIUM 07/05/2001 S .00 $ The following premiums are being charged in accordance with the reporting forms filed for the period of 01/01/02 - 01/31./02: Total Mileage/Receipts: $ 938,126 x 3.498 = $ 32,816 Nothing herein contained shall be held to vary, alter, waive or extend any of the terms, conditions, agreements or limitations of the Policy or any Endorsement attached thereto, except as herein set forth. _. .. , _, , . -- -- ----- 0012 Bala Cynwyd, PA Countersigned by UNIC 05 6196 AUTHORIZED REPRESENTATIVE ?..f . .. ._ yu HOME OFFICE AU47275 r ENDORSEMENT / CeQ? r?cL NAMED INSURED POLICY NUMBER ENDORSEMENT NO. LOUSE TRUCKING INC UN3700789 11 ENDORSEMENT DATE EFFECTIVE AS OF 1291 AM STANDARD TIME ADDITIONAL PREMIUM RETURN PREMIUM 07/05/2001 S 33,852.00 s The following premiums are being charged in accordance with the reporting forms filed for the period of 02/01/02 - 02/28(02: Total Mileage/Receipts: $ 967,743 x 3.498 = $ 33,852 Nothing herein contained shall be held to vary, alter, waive or extend any of the terms, conditions, agreements or limitations of the Policy or any Endorsement attached thereto, except as herein set forth. United National Insurance Company 0013 Bala Cynwyd, PA UNIC 05 6/96 Countersigned by HOME OFF'C RE''t!`'I - i . ??^ h 2602 V AU47275 ENDORSEMENT NAMED INSURED POLICY NUMBER ENDORSEMENT NO. LOUSE TRUCKING INC UN3700789 12 ENDORSEMENT DATE EFEECnVE AS Of 12:01 AM STANDARD TIME ADDITIONAL PREMIUM RETURN PREMIUM 07/05/2001 S 29,.946.00 S The following premiums are being charged in accordance. with the reporting forms filed for the period of 3/1/02 to 3/31/02: Total Mileage/Receipts: $ 856,096 x 3.498 = $ 29,946 Nothing herein contained shall be held to vary, alter, waive or extend any of the terms, conditions,. agreements or limitations of the Policy or any Endorsement attached thereto, except as herein set forth. 1 United National Insurance Company 0014 Bala Cvnwvd. PA LINIC 05 6/96 Countersigned by HOME OFFICE - ENDORSEMENT 1/ NAMED INSURED POLICY NUMBER ENDORSEMENT NO. LOUSE TRUCKING INC UN3700789 13 ENDORSEMENT DATE EFFECTIVE AS OF 1291 AM STANDARD TIME ADDITIONAL PREMIUM RETURN PREMIUM 07/05/2001 _ S 33,476.00 S The following premiums are being charged in accordance with the reporting forms filed for the period of 4/1/02 TO 4/30/02: Total Mileage/Receipts: $ 957,071 x 3.498 = $ 33,478 Nothing herein contained shall be held to vary, alter, waive or extend any of the terms, conditions, agreements or limitations of the Policy or any Endorsement attached thereto, except as herein set forth. United National Insurance Company 0015 Bala Cynwyd, PA Countersigned by -X?L-d I UNIC 05 6196 AUTHORIZED REPRESENTATIVE R E'... T HOME. QrFSCe u ?41 Ci G 2- ENDORSEMENT NAMED INSURED POLICY NUMBER ENDORSEMENT NO. LOUSE TRUCKING INC &. SUSQHEHANNA VALLEY TRANSPORT, LLC UN3700789 14 ENDORSEMENT DATE EFFECTIVE AS OF 1291 AM STANDARD TIME ADDITIONAL PREMIUM RETURN PREMIUM 07/05/2001 $ $ NAMED INSURED IS AMENDED TO READ: CLOUSE TRUCKING, INC. & SUSQUEHANNA VALLEY TRANSPORT, LLC NO PREMIUM CHANGE ' Nothing herein contained shall be held to vary, alter, waive or extend any of the terms, conditions, agreements or limitations of the Policy or any Endorsement attached thereto, except as herein set forth. PA UNIC 05 6196 CoIanters gned by HOME. OFFICE 0016 . 2 ENDORSEMENT NAMED INSURED POLICY NUMBER ENDORSEMENT NO. LOUSE TRUCKING INC & SUSQHMMMA VALLEY UN3700789 15 RANSPORT, LLC ENDORSEMENT DATE. EFFECTIVE AS Of 12,01 AM STANDARD TIME ADDITIONAL PREMIUM RETURN PREMIUM 07.105/2001 S 29,776.00 S - The following premiums are being charged in accordance with the reporting forms filed for the period of 05/01/02 TO 5/31/02: Total Mileage/Receipts: $ 851,223 x 3.498 $ 29,776 Nothing herein contained shall be held to vary, alter, waive or extend any of the terms, conditions, agreements or limitations of the Policy or any Endorsement attached thereto, except as herein set forth. unueu National Insurance company 0017 Bala Cynwyd, PA Countersigned by^ O LJNIC o5. 6/96 AUTRORIZED REPRESENTATIVE HOME OFFICE RECENL-u Jbji V /?CG 7//? ENDORSEMENT NAMED INSURED POLICY NUMBER ENDORSEMENT NO. LOUSE TRUCKING, INC_ UN3700789 16 ENDORSEMENT DATE EFFECTIVE AS OF I291 AM STANDARD TIME ADDITIONAL PREMIUM RETURN PREMIUM 07/05/2001 S 32,158.00 s The following premiums are being charged in accordance with the reporting forms filed for the period of 6/1/02 to 6/30/02: Total Mileage/Receipts: $ 919,336 x 3.496 = $ 32,158 Nothing herein contained shall be held to vary, after, waive or extend any of the terms, conditions, agreements or limitations of the Policy or any Endorsement attached thereto, except as herein Set forth. United National Insurance Cmm?anv 0018 Bala Cynwyd, PA. Countersigned by UNIC 05 6/96 _ AUTHORIZED REPRES HOME OFFICE RECEIVED Jiij: c 'e 2002 97375 } ENDORSEMENT NAMED INSURED POLICY NUMBER ENDORSEMENT NO. LOUSE TRUCKING, 'INC. UN3700789 -16 q ENDORSEMENT DATE. EFFECTIVE AS OF 1391 AM STANDARD TIME ADDITIONAL PREMIUM RETURN PREMIUM 07/05/2001 T 5 CHANGE ENDORSEMENT #14, AMENDING NAMED INSURED, IS NULL AND VOID. NO CHANGE IN PREMIUM. Nothing herein contained shall be held to vary, alter, waive or extend any of the terms, conditions, agreements or limitations of the Policy or any Endorsement attached thereto, except as herein set forth. United National Insurance Company 0019 Bala Cynwyd, PA UNIC 05 6196 Countersigned by AUTHORIZED HOME OFFICE RECEIVED JAN (? , 472 5 1, b ENDORSEMENT NAMED INSURED POUCY NUMBER ENDORSEMENT NO. . LOUSE TRUCKING, INC. UN3700789 18 ENDORSEMENT DATE EFFECTIVE AS Of 1201 AM STANDARD TIME. ADDITIONAL PREMIUM RETURN PREMIUM 07/05/2001 5-0- s-0- This endorsement will amend the June reporting form endorsement #16 to read endorsement #17. Reason: Duplicate number 16 endorsements were processed. No change in premium Nothing herein contained shall be held. to vary, alter, waive or extend any of the terms, conditions, agreements or limitations of the Policy or any Endorsement attached thereto, except as herein set :forth. 1 United National Insurance Company 0020 Sala Cynwyd, PA UNIC IIS 6/96 Countersigned by,_ :NOME OFFICE AUTHORIZED REPRESENTATIVE RECEIVE-0 V"-L 21 ? ]2 AU41275 ENDORSEMENT AMED INSURED POLICY NUMBER ENDORSEMENT NO. LOUSE TRUCKING, INC. UN3700789 19 ENDORSEMENT DATE EFFECTIVE AS OF I2.01 AM STANDARD TIME ADDITIONAL PREMIUM RETURN PREMIUM 07/05(2001 S 19,235.00 S Receipts reported during policy term: 10,704,268 Premium billed during term (including MMP)t $378,571.00 Per Audit Receipts were: 11,372,384 11,372,384 x 3.498 = $397,806.00 $397,806.00 - $378,571.00 = $19,235 Additional Premium Due. Nothing herein contained shall be held to vary, alter, waive or extend any of the terms, conditions, agreements or limitations of the Policy or any Endorsement attached thereto, except as herein set forth. PA UNIC 05 6196 Countersigned by 0021 OFFYC'E 5 POLICY NO: UN3700789 ..L .ied44-aiti61Jnsurance Compan, Bain Cynwyd,. PA COMMERCIAL AUTO COVERAGE PART RENEWAL OF. NEW TRUCKERS AUTO DECLARATIONS ITEM ONE - Named Insured and Mailing Address (No- street. Town or city. County. State, Zip. Codel NOTICE: THIS POLICY DOES CL OUSE TRUCKING INC NOT PROVIDE ANY COVERAGE FOR RENTAL VEHICLES. 2075 RITNER HIGHWAY CARLISLE PA 17013 Policy Period: From 07/05/200ITo 07/05/2002at 12:01 A.M. Standard Time at your mailing address shown above Form of Business: O Individual iu Partnership CX Corporation O Other IN RETURN FOR THE PAYMENT, AND SUBJECT TO ALL THE TERMS OF THIS POLICY, WE AGREE WITH YOU TO PROVIDE THE INSURANCE AS STATED IN THIS POLICY. ITEM TWO - SCHEDULE OF COVERAGES epPly.nl.u•Mw'rand'ea.nn a r..erW' a.1.11- AUUri In Hama 1m1M-aen%fora O.Vc wrvase trymc AND COVERED AUTOS ^f +•s^'••s me ..nnas1 e. ft COVERED ALTOS SeveuTof 1W T¢" Amo Flwm 1a. me r.mC 444W onerd$e COVERED AUTOS UMIT COVERAGES hmdo.aRw.dm.aReo:omroe THE MOST WE WILL PAY FOR PREMIUMS COVERED AUTOS Senor d ma Bastes wb G« ae Fnm m x nor a m . e « a. m.1 ANY ONE ACCIDENT OR LOSS LIABILITY 41 S $ 1,000,000 S 338, 901.00 FIRST PARTY BENEFITS 44 S SEE CA2237 $ 1, 841.00 I UNINSURED MOTORIST (UM) 42 $ 35,000 $ 1,534.00 UNDERINSURED MOTORISTS 42 (S 35,000 S 1,460.00 COMPREHENSIVE ACTUAL MD MR FACH Cw RLC• au to COVERAGE CASHVALUE S $ PHYSICAL OR COST OF LIED roR FACH COVEREOALITO SPECIFIED CAUSES REPAIR DAMAGE OF LOSS COVERAGE , WHICHEVER $ $ CoUSAON IS LESS DE D. FOR EACH COVERED AUTO COVERAGE MINUS $ $ F RMS AND ENDORSEMENTS APPLYING'OTHIS CC14ERAGE PART AND MADE PART O= THIS POLICY AT TIME OF ISSUE PREMIUM FOR ENDORSEMENTS $ 6,050.00 -*SEE UNIC05 (06/96) ESTIMATED TOTAL PREMIUM S 349, 786.00 ITEM THREE - SCHEDULE OF COVERED AUTOS YOU OWN DESCRIPTION PURCHASED Town %Vhem the TE Year. Novel, Trade name, Body Fype Ori e Cos A t gai eiad Au Car?red Auto win be paicipaM ;•a?age 9ed Sepal fAxnbesls). Vekcle ldeaViWlidn Nrmber;V:N' Cx'New (N) hew (Nl Used N? y PER SCHEDULE OF VEHICLES ON FZLE. WI H THE COM TY 27-CARLISLE. pP.? 2 _ CLASSIFICATION i Sdms ol?P.sness UsF R aa S:ia GVSY FECFFTFORTi 9aY(fry!'iralMXS SPa4atAe to riti•ani Ton leas 4 : S= Service W C . GCW IXV2M1iJc A Stz,'r l 'C:a;a Warted te(w as merest m II 7?1ee al aPaw. at Ce Yane d!Ietoss Iln Mi.w: R-Re!aA SeaIVVj Ca.;a'3N Gra:a . C=Canrn 3 . 2 I - (,teepee of aedl blc V Fntentry it any mhnsnte meats mat Net fxnk b : 1 +;VEAA(,LS c_r :Ii UNIfS AND DEUU'.JIELES de. the e^:Yn me earspo,Cay ITEA! tY,'y a-Iu.m apoes nst 1 ) I LpEtla n[ unm5o w'WIVRE: Lune in L nett Pk: uc R ttilla F.P.B. r•,r COIAPREHEN51VE w [x '" SPEC CAUSE 5 OF LOSS COLLISION : ti r _ Pfimum Fno P[em rm Th Pc, I - Premuin _ ... Rem um tmm unv 0.a Premum ... ?a m+ Remmm L ? ,sa s yaSdM115 Y. an }s .::sn.n 1 ( Ck 3ev. .o.. Neb.. S.vTaae- I 1 137901 _ 1534 1469 1841 J- -OTAL PREAbUN PREMNM PR'A'M -_ PFEIANS PREkRUM PREMIUM PRENIIIM 37901 1534. 1.4v0 1841 Cuuntersiyt.ed GR.EENSBURG, PA 0022 RECEIVED AUG 6 2091 os i Policy Na INSURED COMMERCIAL AUTO COVERAGE PART BU( SS AUTO COVERAGE FORM DECLARATIONS LL 'd) CA DD 02 12 90 PART 2 UN3700789 Effective Date: 07/05/2001 NAME: CLOUSE TRUCKING INC 12:01 A.M., Standard Time PREMIUMS LIABILITY COVERAGE-RATING BASIS COST OF HIRE I7FM FOUA-SCHED on ULE OF HIRED OR BORROWED COVERED ESTIMATED COST OF HIRE FOR EACH SWE AUTO COVERAGE ANO RATE PER MR SURD COST OF HIRE FACTOR IF LIAR. CW. IS PRIMARY) PREMIUM PA TF APLY 1.01 6. 758 f 500 i i f f i Cost nt nim means the total amount you incur fa the hire at -autcs' you don't own (not'ncluding "auks" you borrow or real fmm yauc Partners as colors es ar 0*0 family members). Cost of him does not inchlde charges for services Performed by motor carriers of pmped9 in Passengers PNYSICAI OAMARE COVERAGE I IOIAL Yintcluns 5 U V f COIFRACES LIMIT Of WL ANNUAL COS $109 ANNUAL PREMIUM DEDCNBIf WILL W. DEW THE HOST IY WILL Of HIRE COST OF HIRE _ $ WNIC'IEFER IS LESS MINUS S DEOU„ MLE FOR EACH COrFRED AWD, E - COMPREHENSIVE ACWAI. BUT LM 1111M APPLIES 10 IDSS CAUSED 11 FIRE DR UGHTNING SPECIFIED CAUSFS CASH 'AWE, $ WhICN1'ER IS LESS N64UE $2$ DEDUCIBIF FOR EACH COkAED AUTO ; OF Loss COST DF Fpt LOSS CAUSED BY MISCHIEF OR WUMCMUSM - REPMAS COWSION OR I WHICH-DER IS LESS MINUS S OEDINWILE FOR EACH COVERED AUTO E TOL PREMIUM S REM FIVE-SCHEDULE FOR 1111011-OWNERSHSP LIABILITY NAMED INSURED'S BUSINESS RATING BASIS i NUMBER PREMIUM Number of Employees IF ANY S nuv Other than a Social Service Agency Number of Partners s _ Number of Employees 1 $ Social Se"ice Agencl, Number of Vnluateen ' f f S00 ITEM SIX-SCREDULE FUR GR OSS RECEIPTS OR MILEAGE BASIS-LIABILITY COVERAGE-PUBLIC AUR) UK MASINB RtHIAL UUNGtHRb RATES I EsOrnated Yearly [ Per EIOD of Gross Receipts PREM UMS Cmsr Receipts C, Per Mile LIABILITY COVERAGE NJN MEDICAL PAYMENTS Mileage LIABILITY COVERAGE AUTO MEDICAL PAYMENTS E f s a $ s f S E $ s W tOfAL PREMIUMS E E _ hen used as a premium basis: FOR PUBLIC AU MHHMUM PREMHAS $ - - E tua Gress Receipts means the total amount to which you are entitled for transporting passengers, mail or merchandise during the policy period regardless of whether you or any other carrier originate the transportation. Gross Receipts does Oat include; A. Amounts you pay to railroads, steamship lines, airlines and other motor carriers operating under their oNn ICC or PUG permits. B. Advertising Revenue. C. Taxes which you collect as a separate item and remit directly to a. governmental division. D. C.O.D. collections for cost of mail or merchandise including collection tees. 0023 Mileage means the total live and dead mileage of all revenue producing units operated during the policy period. FOR RENTAL OR LEASING CONCERNS Gross Receipts means the total amount to which you are entitled for the teasing or rental of "autos" during the policy perled and includes -taxes except those taxes which you collect as a separate item and remit directly to a governmental division. Mileage means the total of all five and dead mileage developed by all the "autos" you leased or rented to others during the policy period. "Inclusion of date optional. THESE BE0.RR41M AP.E PAO Cr TI!E POLICY DECtARAT1045 GONTAIMND nit RAMIE OF THE INSURED AND cHF P(gn PERIOD CA )iii) l2) 1Eo. 12-90) ?x rx?n anmr,a; t edw., .s. m-maes coiyrlghre mae•-a1 at !nswaneeS mices ONmc Inc.. with its pvn?ssiw cm, i-..! Inu, a: ce Sedvrces ate >. m, s AU47275 ENDORSEMENT NAMED INSURED POLICY NUMBER ENDORSEMENT NO. OUSE TRUCKING INC UN3700789 ENDORSEMENT DATE EMCT1VE AS OF 12:01 AM STANDARD TIME ADDITIONAL PREMIUM RETURN PREMIUM 07/05/2001 s $ FORMS AND ENDORSEMENTS CONTAINED IN THIS POLICY AT IT'S INCEPTION: UNIC10 (06196) United National Truckers Dec - Reporting Form CA160(2) (12/90) Hired/Nonowned Coverage Part UNIC06 (06196) United National Driver Exclusion - MCS90 (01196) Motor Carrier Pol.for Public. Liab/Motor Carri rf liability (06199) Reporting Form-Liab Sched (Letter of Credit) CA0012 (12/93) Truckers Coverage Form REPCOND (06199) Reporting Conditions (Letter of Credit) CA9948 (12/93) Pollution Liability - Broadened Coverage CA2193 (11/95) PA DIM Coverage - Nonstacked CA2192 (11/95) Pennsylvania UM Coverage - Nonstacked CA2237 (03/95) Pennsylvania Basic First Party Benefits CA0180 (09/97) Pennsylvania Changes To Garage and Auto Forms IL0021 (04/98) Nuclear Energy Liability Exclusion IL0910 (1/81) Pennsylvania Notice UNIC01 (06/96) United National Jacket ID CARD (01/83) vehicle insurance ID Card ADDDEF (06/99) Additional Policy Definitions (Report Form) RFMP Policy or Coverage Minimum Premium UNIC05A (06196) United National Additional Insured Endmnt(I) Nothing herein contained shall be held to vary, after, waive or extend any of the terms, conditions, agreements or limitations of the Policy or any Endorsement attached thereto, except as herein set forth. PA UNIC 05. 6196 Countersigned by mpany 0024 AUTHORIZED REPRESENTATIVE Attached to and. fomting.. part of Policy ?aumbef LJN3700789 Effective 07/0_, 2001 Issued to: CLOUSE TRUCKING INC 2075 RITNER HIGHWAY CARLISLE PA 17013 POLICY REPORTING FORM (composite rating form) LIABILITY COVERAGE Schedule of Computation 1. Estimated Annual RECEIPTS 2. Annual Rate per 100 of RECEIPTS 3. Estimated Annual Premium 4. Letter of Credit 5. Due Date for Letter of Credit - upon issuance of this policy 6. Annual Minimum Premium TO FROM 07/05/2001 - 07/31/2001 08/01/2001 - 08/31/2001 09/01/2001 - 09/30/2001 10/01/2001 - 10/31/2001 11/01/2001 - 11/30/2001 12/01/2001 - 12/31/2001 01/01/2002 - 01/31/2002 02/01/2002 - 02/28/2002 03/01/2002 - 03/31/2002 04/01/2002 - 04/30/2002 05/01/2002 - 05/31/2002 06/01/2002 - 06/30/200-- 07/01/2002 - 07/31/2002 Countersigned by: ----- RF: 1nn to 07/05/2002 $ 10,000,000.00 3.498 3 45 7?(- ( a sst $ ?^?no $ 87,447.00 $9y ?g Min & 3lq, CO 7 Ls? DepoCsit 3 REPORT DUE BY: 08/05/2001 09/05/2001 10/05/2001 11/05/2001 12/05/2001 01/05/2002 02/05/2002 03/05/2002 04/05/2002 05/05/2002 06/05/2002 07/05/2002 08/05/2002 (Authorized Representative) 0025 AU41215 United National Insurance Company Bala Cynwyd, PA Effective Date -07/05/03 Pdy'r UN37007E Agent's Signature 12:01 A.M. EXCLUSION OF DRIVER ENDORSEMENT In consideration of the continuation of this policy, it is agreed that the COMPANY shall not be liable for loss or damage to any auto described in this policy or to any other auto to which the terms of this policy are extended while being driven or oper- ated by the following named person _._FDwiN_xEZrtt xoBaxT Accepted by: UNIC-06 6196 Signature of NAMED INSURED (if named insured is a corporate entity, show title of officer signing.) 0026 RECEIVED Ail" -U: 22 L', 9 1 ENDORSEMENT FOR Form Approved MOTOR CARRIER POLICIES OF INSURANCE FOR PUBLIC LIABILITY OMB No. 2125-OG74 UNDER SECTIONS 29 AND 30 OF THE MOTOR CARRIER ACT OF 1950 CLOUSE TRUCKING INC. Issued to ofCARLISLE PA Dated at GREENSBURG PA this 02 day of AUGUST -.)001 Amending Policy No. tTN3700789 Effective Date 07/-0 5/:).dn't Name of Insurance Company Telephone Number ( 724 ).8336-1510 . Countersigred by J AuOroriie0 Company NeareH•nlaliup The policy to which this endorsement is attached provides primary or excess insurance, as indicated by ••®", for the limits shown: M This insurance is primary anc the company shall not be liable for. amourts in excess of $ 1. 000. 000 for each accident. ? This insurance is excess and the company shall not be liable for amounts in excess of $ for each accident in excess of the underlying limit of $ for each accidem. Whenever required by the Federal Highway Admin-stration (FHWA) or the Interstate Commerce Commission (ICC), the company agrees to furnish the FHWA or the ICC a duplicate of said policy and all its endorsements. The company also agrees, upon telephone request by an authorized representative of the FHWA or the ICC, to verify that the policy is in force as of a particular Cate. Cancellation of this endorsement may be eftec--ed by the company or the insured by giving (1) thirty-five (35) days notice in writing to the other party :said 35 days notice to commence from the date the notice is mailed, proof of mailing shall be sufficient proof of notice), and (2) if the insured is subject to 'he tCC's jurisdiction, by providing thirty (30) days notice to the ]CC (said 30 days notice to commence from the date the notice is received by the iCC at its office in Washington, D.C.). ACCIDENT includes continuous or repeated exposure to conditions which result in bodily injury, property damage. or ervtronmer.tat dam- age which the insured neither expected nor intended. MOTOR VEHICLE near<a land vehicle, machwe. truck, tractor, trail- er. or semitrailer propelled or drawn by mechanical paver and used on a highway for transporting property, or any combination thereof. BODILY INJURY means injury to the body, sickness, or disease to any person, including death resulting from any of these- damage, or destruction of natum, resources arising out of the acciden- tal discharge, dispersal, release or escape into or upon the and, at- mosphere, watercourse, or body of water, of any commodity transported by a motor carrier. This shat inc,u le the cost of removal and the cost of necessary measures taken to r.-mmize or mitigate damageto human health, the natural environmer: t, `ish, shell`ish, and wildlife. PROPERTY DAMAGE means damage to or loss of use cf targible property. PUBLIC LIABILITY means liabi Gty -or bodily injury, property dam- ENVIRONMENTAL RESTORATION means restitution for the loss. age, and ere,ironmenlal restoration. The insurance policy to which this endorsement is attached provides automobile liability insurance and 's amended to assure compliance by the insured, wit-tin tie limits stated herein. -is a motor carrier of property, with Sections 29 and 30 of the Mo*.^r arrier Act of 1980 and the rules and regulations 31 the Fedrr i Administration IFHWA.) and the Interstate Cerntne(ce Come', =.;ion ilcc). In CQnsidera tied ?.tt rt'e Gr mister: i4-dad ni Ui? ;;.-: v'.o which [his 2n- dcrsement s attached, the aTld eel ;the cnrop -agrees- to pay, withi-I :he limits of -ac i!.t-v de< abed harem a^r hnP. figment recovered against the vurcd fur tlublr.: lie nd ty t: tillin_ `• .nt negligence ir. the JP21afirr i1 tnlE'ndnCC Or!t4P JI :'l0t r hrlSnSi!bjecll0ihe.finan- -ia- re-Spun hlhty raq.l reme%t: of SF .t inns^? rc 30 of the Motor Carrie' Act of 1980 repmdless of whether or c- -ach motor vehicle s .p^clrie ilr r! ,cribrd n !he -r n! ry and tiry-r'••nr r nn' $i. ch negli- genra oriurs on any ro F -r r ar y terntcrr iv-prized tc be served by the insured or elsewhere. S:;chi insurance as :s afforded, for oub- lic liability, does not apply to'nlury to er dea:- cl tae ins.ired's am- ployeeswhne engaged in the course of Well, e cleyrient, of property transported by the insured, designated as _argn.;i is understood and agrccd that nc condition. prov s on. sup Patir•,. -.r i rination contained in the poncy this ehcor5emtil or an otipr Endorsement thareJn. or violation thereof. shall relieve the ::cmpany from liability or from the payinert of ary final judgment. within the limits of liability herein described, irrespective of :he financal condition, insolvency or bank•uptcy cf the insured. However, all terms, conditions, and limi- ta:ions in the policy to which the endorsement is attached shall re- main irl force and effect as to-ding between the insured and the ccnlpaoy. The insured agrees tc re mhurse the company for any oay- ment made by the connpany on account of any accident, claim, or suit invciving a beach of -he terms of the policy. and for any pay. ment that tie -ompary wcufr not have been cbligated to make un- der the provisions of the f 3! ry ezc ept for the agreenertt contdineu in this endorsement. It is further understood and agreed that. UPC-) faifurc of the company to pay any final judgment recovered against the insured a prrv dad herein, -.6e judgment credinr Mar maintain an anion in any co-at Cr .npmrcnt )r Sd.C`.^-. 7 p?;r nh. _ _ ^/ rn -nnrpel ?h parmEOL The units of the company's larihty Icr the amounts peescribed in :his endorsement apply separal ily, to edct dccden:, and any pay- mentudder the policy because of any cne a=cident shall not operate tc reduce the !'ability of the company for We payment of final jidg- wenISresultire from any other d,.cueut. the Mcfor Carnet Act of 198C requires 1 ,,; -! financial responsibility according to the type of _undw, and unv'iodity transported by tl•e iilolor uarrte-. it is the NiCTOR CSRPii' S _phgatio, to obtain the required limps of fi-oric.0 rc;ponsib!.ity. THE SCHEDULE OF 1lMIT$ SHOWN ON r--L REVERSE 31DE DOES NOT PROVIDE COVERAGE. 0027 Tr- .. nits ttr a e-for ,r r -.prior. eurJn?FS only.. Form MCS.90 037 er) MC 1622h I %@ s';J AU47275 Attached to and forming part of Po, Number Effective e to issued to: (If no entry appears above, refer to the Policy. Declarations for the information.) CLARIFICATION NOTICE ADDITIONAL POLICY DEFINITIONS The ensuing definitions apply to the followring BUSINESS AUTO NON-TRUCKING LIABILITY COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM BUSINESS AUTO PHYSICAL DAMAGE COVERAGE FORM COST OF HIRE Cost o: Hire means' The total dollar amount of costs you incurred for the hire of `autos'. This includes: 1, The total remuneration of all operators and drivers helpers, of hired "autos' whether hired with a driver or lessor or an employee of the lessee, or any other third party, and 2. The total dollar amount of any other cost (i.e. repair, maintenance, fuel, etc.) directly associated with operating the hired automobiles whether such costs are absorbed by the insured. paid to the lessor or owner, or paid to others. GROSS RECEIPTS Gross Re. nipts (Gross Revenue) means the total amount cou earned for the shipping or transporting o property during the police period r 2ardless of whether you or any other carver originated the shipment or transportation. "Gross Receipts" includes: 1. The total amount earned from the rental of equipment, with or without drivers, to any person or organization not engaged in the business of transporting property for hire be automobile, and 2. The total amount earned from the rental of equipment- wcim or without drivers, to am' person or organization engaged in the business of transporting property for hire be automobile. "Gross Receipts" does not include: L Amounts cou pav to railroads, steamship fines nr otixr maritime transports airline acid other motor carriers operating under their own permits. 2. Tales n high cou collect as a sc7nnatc Item mal remit directly to a em,crrartcntal'It\ on. J. C 0.1). collections for cost of mail or merchalkli,c mcludine collection tees. 3. Warehonse storage 1ices_ 5. Advertising Revenue. MILE &. "Mileaee" mean, the actual wiles uaceled hw all coN ci ed `.onus", loaded q tr unloaded, during the police Period Micthcr the shipment "as made writh the insured or at wlher "trticket" - Mileage shall include the actual miletige dewcloped tirom rented';rutos wither wwttboul drivers. COVERAG: DAYS The sum total number ofdm s. or part nl a da+, th;d dm one "auto" is used fin wour business. 0028 :XO DDIT (0L U9) RECEIVED A G 1 AU472 S GA 99 48 06 92 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. POLLUTION LIABILITY - BROADENED COVERAGE FOR COVERED AUTOS - BUSINESS AUTO AND TRUCKERS COVERAGE FORMS This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM TRUCKERS COVERAGE FORM 1. LIABILITY COVERAGE is changed as follows: Paragraph a. of the POLLUTION EXCLUSION applies only to liability assumed under a contract or agreement, 2. DEFINITIONS The definition of "covered pollution cost or ex- pense" is replaced by the following: D. "Covered pollution cost or expense" means any cost or expense arising out of: 1. Any request, demand or order; or 2. Any claim or "suit" by or on behalf of a governmental authority demanding that the "insured" or others test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of "pollutants". 'Covered pollution cost or expense' does not include any cost or expense arising out of the actual, alleged or threatened discharge, dis- persal, seepage, migration, release or escape of pollutants": a. Before the 'pollutants' or any property in which the 'pollutants" are contained are moved from the place where they are accepted by the 'insured' for movement into or onto the covered "auto"; or b. After the "pollutants" or any property in which the "pollutants' are contained are moved from the covered "auto" to the place where they are finally deliv- ered, disposed of or abandoned by the "insured". Para(;raphs a. and b, above do not apply to "accidents" that occur away from premises owned by or rented to an 'in- sured" with respect to "pollutants" not in or upon a covered "auto" if: (1) The "pollutants" or any property in which the 'pollutantsare con- tained are upset, overturned or damaged as a result of the mainte- nance or use of a covered "auto"; and (2) The discharge, dispersal, seepage, migration, release or escape of the "pollutants is caused directly by such upset, overturn or damage. CA 99 48 06 92 Copyright, Insurance Services Office, Inc., 1991 0029 Au4727s REPORTING CONDITIONS If "you" have a reporting policy, the following conditions apply: The Letter of Credit shown on "your" POLICY REPORTING FORM, Schedule of Computation, endorsement is due upon issuance of this policy. Ali additions, deletions or changes which effect coverage must be reported each reporting period. Each report, based on the method of reporting, will be due and the premium payable within six (6) days after the end of each reporting period. 4. "You" must keep an accurate record of all information pertaining to this insurance for the period of coverage. "We" have the right to audit your books and other records at any time during the policy period and up to one (1) year thereafter. If "your" policy is cancelled prior to the expiration. "you" must furnish "us" "your" final report which shall be inclusive up to 12:01 a.m. of the cancellation date. 6. If "your" policy remains in effect until expiration, ti., final adjustment of premium will be made as follows: a. "we" will hold "your" Letter of Credit" until, the expiration of the policy: b. "we" will compare the total annual computed premium to the sum of the Letter of Credit and all billed premium, c. if the final annual computed premium is more than the sum of the Letter of Credit and all billed premium. "you" must pay "us" the difference: d. if the final annual computed premium is less than the sum of the Letter of Credit and all billed premium. "we" will refund the ditlerence: "We" compute "your' premium by multiplying the applicable rate(s) shown on "your" POLICY REPORTING FORNL Schedule of Computation, endorsement by the premium basis "you" have reported and which was determined by "us" at audit, as of the last day for which coveraue was afforded. subject to the applicable minimum premium. rIvl'md(0( 79) 0030 RECEM- ' ,;u' a ALJ4T?V5 Attached to and forming part of Policy Number ElTectiye to Issued to: (If no entry appears above, refer to the Policy Declarations for the information) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. POLICY-OR COVERAGE MINIMUM PREMIUM Your poliev will show "MP" beside a premium when a Minimum Premium applies. A Minimum Premium is the lowest amount for which insurance can be written for a particular coverage and/or policy term. Premiums that do not show "MP" beside them are in addition to any Minimum Premiums. If we cancel your policy all Minimum Premiums wilt be pro-rated for the term of the policy. If you cancel your policy the entire Minimum Premium is na-refundable. Nothing in this endorsement shall hold to van', waive, or extend any of the terms, conditions. agreements or limitations of the policy or its endorsements. ttrnirto? ?,?,? 0031 E AU9(2)5 ENDORSEMENT NAMED INSURED POUCY NUMBER ENDORSEMENT NO. CLOUSE TRUCKING INC t1N370.0789 ENDORSEMENT DATE EFFECTIVE AS OF 12.01 AM STANDARD TIME ADDITIONAL PREMIUM RETURN PREMIUM 07/05./01 5 S ADDITIONAL INSURED SCHEDULE Name and Address of Person or Organization: (Additional Insured) COMMONWEALTH OF PA CENTRAL PERMIT OFFICE #1014 TRANSPORTATION & SAFETY BLDG HARRISBURG PA 17120 Additional Premium $ WHO IS AN INSURED (Section II) Is amended to include as an additional "insured" the person or organization shown in the Schedule, but. orgy with respect to legal responsibility for acts or omissions of a person for whom LIABILITY COVERAGE is afforded under this policy. The additional "insured" Is not required to pay for any premiums stated in the policy or earned from the policy: Any return premium shall be paid to you. You are authorized to act for the additional "insured" in all matters pertaining to this Insurance. We will mail the additional "insured" notice of any cancellation of this policy. If the cancellation is by us, we will give ten days notice to the additional "insured." The additional "insured" will retain any right of recovery as a Claimant under this policy. All of the provisions and exclusions of the policy that apply to LIABILITY COVERAGE also apply to this endorse- ment Nothing herein contained shall be held to vary, alter, waive or extend any of the terms, conditions, agreements or limitations of the Policy or any Endorsement attached thereto, except as herein set forth. ional Insurance Bala Cynwyd, PA Countersigned by 14 1:114 Gr`-> 'UNIC.OSA 6196 AUTHORVED REPRESE4TATIVE 0032 RECEIVE- r: i l AU47,2 /5 ENDORSEMENT NAMED INSURED POLICY NUMBER ENDORSEMENT NO. CLOUSs TRUCKING INC UN3700789 ENDORSEMENT DATE EFFECnVE AS OF Mzn AM STANDARD TIME ADOMONA4 PREMIUM RETURN PREMIUM .07/05/01 S f ADDITIONAL INSURED SCHEDULE Name and Address of Person or Organization: (Additional Insured) DAIRY MARKETING SERVICES ATTN: CHRIS SPARKS PO BOX 4844 SYRACUSE NY 13221-4844 Additional Premium: S WHO IS AN INSURED (Section 11) is amended to include as an additional "insured' the person or organization shown in the Schedule, but only with respect to legal responsibility for acts or omissions of a person for whom LIABILITY COVERAGE is afforded under this policy. The additional "insured" is not required to pay for any premiums stated in the policy or earned from the policy. Any return premium shall be paid to you. You are authorized to act for the additional "insured" in all matters pertaining to this Insurance. We will mail the additional "insured" notice of any cancellation of this policy. If the cancellation is by us. we will give ten days notice to the additional "insured." The additional "insured" will retain any right of recovery as a claimant under this policy. All of the provisions and exclusions of the policy that apply to LIABILITY COVERAGE also apply to this endorse- ment Nothing herein contained shall be held to vary, alter, waive or extend any of the terms, conditions, agreements or limitations of the Policy or any Endorsement attached thereto, except as herein set forth. I United National Insurance Company Bala Cynwyd, PA J Countersigned by . I t .?+"?-T'--r?- tfNIC.05A 6196 AUTHORI7.ED REPRESENTATIVE 0033 AU47215 ENDORSEMENT NAMED INSURED POUICY NUMBER ENDORSEMENT NO. CT-OUSS TRUCKING INC UN3700789 ENDORSEMENT DATE EFFECTIVE AS OF 1207 AM STANDARD TUNE ADDMONAL PREMIUM RETURN PREMIUM 07/05/01 S S ADDITIONAL INSURED SCHEDULE Name and Address of Person or Organization: (Additional Insured) DAIRYLEA COOPERATIVE INC. ATTN: CONTROLLER PO BOX 4844 SYRACUSE NY 13221-4811 Additional Premium: S WHO IS AN INSURED (Section II) is amended to include as an addlional "insured' the person or organization shown In the Schedule, but only with respect to legal responsl"dy for acts or omissions of a person for whom LIABILITY COVERAGE is afforded under this policy. The additional "insured" is not required to pay for any premiums stated in the policy or earned from the policy. Any return premium shall be paid to you. You are authorized to act for the additional "insured" in all matters pertaining to this Insurance. We will mad the additional "insured" notice of any cancellation of this policy. If the cancellation is by us, we will give ten days notice to the additional "insured." The additional insured" will retain any right of recovery as a claimant under this policy. All of the provisions and exclusions of the policy that apply to LIABILITY COVERAGE also apply to this endorse- ment Nothing herein contained shalt be held to vary, alter, waive or extend any of the terms, conditions, agreements or limitations of the Polity or any Endorsement attached thereto, except as herein set forth. atIonatlnstranct Bala Cvnwvd. PA. UMC05A 6/96 Countersigned by AUTHORIZED REPRESENTATIVE 0034 RECEIVED AVUG y 2- 0 fl1 POLICY NUMBER: COMMERCIAL AUTO CA 22 37 03 95 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PENNSYLVANIA BASIC FIRST PARTY BENEFIT For a covered "auto" licensed or principally garaged in, or "garage operations" conducted in, Pennsylvania, this endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. This endorsement changes the policy effective on the inception date of the policy unless another date is indi- cated below. Endorsement Effective Named Insured Countersigned By (Authorized Representative) SCHEDULE Benefits Limit of Liability (perinsured) Medical Expense Benefits Up to $5,000 (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement) A. COVERAGE We will pay the Basic First Party Benefit in accor- dance with the "Act" to or for an "insured" who sustains "bodily injury" caused by an "accident" arising out of the maintenance or use of an "auto". BENEFITS Subject to the limit shown in the Schedule or Declarations, the Basic First Party Benefit consists of Medical Expense Benefits. These benefits consist of reasonable and necessary medical ex- penses incurred for an "insureds": 1. Care; 2. Recovery; or 3. Rehabilitation. This includes remedial care and treatment ren- dered in accordance with a recognized religious method of healing. Medical expenses will be paid if incurred within 18 months from the date of the "accident" causing "bodily injury". If within 18 months from the date of the "accident" causing "bodily injury" it is ascer- tainable with reasonable medical probability that further expenses may be incurred as a result of the "bodily injury", medical expenses will be paid without limitation as to the time such further ex- penses are incurred. B. WHO IS AN INSURED 1. You. 2. If you are an individual, any "family member". 3. Any person while "occupying" a covered "auto". 4. Any person while not "occupying" an "auto" if injured as a result of an "accident" in Pennsyl- vania involving a covered "auto". If a covered "auto" is parked and unoccupied, it is not an "auto" involved in an "accident' unless it was parked in a manner as to create an unreasonable risk of injury. 0035 CA 22 37 03 95 Copyright, Insurance Services Office, Inc:, 1994 Page 1 of 3 0 C. EXCLUSIONS We will not pay First Party Benefits for "bodily in- jury": 1. Sustained by any person injured while inten- tionally causing or attempting to cause injury to himself or herself or any other person. 2. Sustained by any person while committing a felony. 3. Sustained by any person while seeking to elude lawful apprehension or arrest by a law enforcement official. 4. Sustained by any person while maintaining or using an "auto" knowingly converted by that person. However, this exclusion does not apply to: a. You; or b. Any "family member". 5. Sustained by any person who, at the time of the "accident": a. Is the owner of one or more currently regis- tered "autos" and none of those "autos" is covered by the financial responsibility re- quired by the "Act'; or b. Is "occupying" an "auto" owned by that person for which the financial responsibility required by the "Act" is not in effect. 6. Sustained by any person maintaining or using an "auto" while located for use as a residence or premises. 7. Sustained by a pedestrian if the "accident" occurs outside of Pennsylvania. This exclusion does not apply to: a. You; or b. Any "family member". 8. Sustained by any person while "occupying": a. A recreational vehicle designed for use off public roads; or b. A motorcycle, moped or similar type vehi- cle. 9. Caused by or as a consequence of a. Discharge of a nuclear weapon (even if accidental); b. War (declared or undeclared); c. Civil war; d. Insurrection: or e. Rebellion or revolution. 10. From or as a consequence of the following whether controlled or uncontrolled or however caused: a. Nuclear reaction; b. Radiation; or c. Radioactive contamination. D. LIMIT OF INSURANCE 1. Regardless of the number of covered "autos", premiums paid, claims made, "autos" involved in the "accident" or insurers providing First Party Benefits, the most we will pay to or for an "insured" as the result of any one "accident' is the limit shown in the Schedule or in the Declarations. 2. Any amount payable under First Party Benefits shall be excess over any sums paid, payable or required to be provided under any workers' compensation law or similar law. E. CHANGES IN CONDITIONS The CONDITIONS are changed for FIRST PARTY BENEFITS as follows: 1. TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US does not apply. 2. The following CONDITIONS are added: NON-DUPLICATION OF BENEFITS No person may recover duplicate benefits for the same expenses or loss under this or any other similar automobile coverage including self-insurance. 0036 Page 2 of 3 Copyright, Insurance Services Office, Inc., 1994 CA 22 37 0395 d PRIORITIES OF POLICIES We will pay First Party Benefits in accordance with the order of priority set forth by the "Act". We will not pay if there is another insurer at a higher level of priority. The "First" category listed below is the highest level of priority and the "Fourth" category listed below is the lowest level of priority. The priority order is: First The insurer providing benefits to the insured" as a named insured. Second The insurer providing benefits to the 'insured" as a family member who is not a named insured under another policy provid- ing coverage under the 'Act". Third The insurer of the "auto" which the insured" is "occupying" at the time of the "accident". Fourth, The insurer providing benefits on any "auto" involved in the "accident" if the "insured" is: a. Not "occupying" an "auto"; and b. Not provided First Party Benefits under any other policy. If two or more policies have equal priority within the highest applicable number in the pri- ority order: 1. The insurer against whom the claim is first made shall process and pay the claim as if wholly responsible; 2. If we are the insurer against whom the claim is first made, our payment to or for an "insured" will not exceed the applicable limit shown in the Schedule or Declara- tions; 3. The insurer thereafter is entitled to recover pro rata contribution from any other insurer for the benefits paid and the costs of proc- essing the claim. If contribution Is sought among insurers under the Fourth priority, proration shall be based on the number of involved motor vehicles; and 4. The maximum recovery under all policies shall not exceed the amount payable under the policy with the highest dollar limits of benefits. F. ADDITIONAL DEFINITIONS As used in this endorsement: 1. "Auto" means a self-propelled motor vehicle, or trailer required to be registered, operated or designed for use on public roads. However, "auto" does not include a vehicle operated: a. By muscular power, or b. On rails or tracks. 2. The "Act" means the Pennsylvania. Motor Ve- hicle Financial Responsibility Law. 3. "Family member" means a resident of your household who Is: a. Related to you by blood, marriage or adop- tion; or b. A minor in your custody or in the custody of any other "family member". 4. "Occupying" means in, upon, getting in, on, out or off. 0037 CA 22 3703 95 Copyright, Insurance Services Office, Inc., 1994 Page 3 of 3 0 POLICY NUMBER: COMMERCIAL AUTO CA 21 92 11 95 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PENNSYLVANIA UNINSURED MOTORISTS COVERAGE - NONSTACKED For a covered "motor vehicle" licensed or principally garaged in, or "garage operations" conducted in, Pennsyl- vania, this endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. This endorsement changes the policy effective on the inception date of the policy unless another date is indi- cated below: Endorsement Effective Named Insured Countersigned By (Authorized Representative) LIMIT OF INSURANCE SCHEDULE Each "Accident" (if no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) A. COVERAGE 1. We will pay all sums the "insured" is legally entitled to recover as compensatory damages from the owner or driver of an "uninsured mo- tor vehicle". The damages must result from "bodily injury sustained by the "insured" caused by an "accident". The owner's or driver's liability for these damages must result from the ownersNp, maintenance or use of an "uninsured motor vehicle". 2. No judgment for damages arising out of a "suit" brought against the owner or operator of an "uninsured motor vehicle' is binding on us unless we: B. WHO IS AN INSURED 1. You. 2. If you are an individual, any "family member". 3. Anyone else "occupying" a covered "motor vehicle" or a temporary substitute for a cov- ered 'motor vehicle". The covered "motor ve- hicle" must be out of service because of its breakdown, repair, servicing, "loss" or destruc- tion. 4. Anyone for damages he or she is entitled to recover because of "bodily injury" sustained by another "insured". C. EXCLUSIONS a. Received reasonable notice of the pen- This insurance does not apply to any of the following: deny of the "suit" resulting in the judg- ment; 1. Any claim settled without our consent. How- ever, this exclusion does not apply if such set- b. Had a reasonable opportunity to protect our dement does not adversely affect our rights of interests in the "suit". recovery under this coverage. 0038 CA21 92 11 95 Copyright, Insurance Services Office, inc., 1995 Page 1 of 3 ? 2. The direct or indirect benefit of any insurer or E. CHANGES IN CONDITIONS self-insurer under any workers' compensation, The CONDITIONS are changed for PENNSYL- disabifity benefits or similar law_ VANIA UNINSURED MOTORISTS COVERAGE - 3. Anyone using a vehicle without a reasonable NONSTACKED as follows: belief that the person is entitled to do so. 1. DUTIES IN THE EVENT OF ACCIDENT, 4. Punitive or exemplary damages. CLAIM, SUIT OR LOSS is changed by adding 5. "Bodily injury" sustained by: the following: a. You while "occupying" or when struck by a. Promptly notify the police if a hit-and-run any vehicle owned by you that is not a cov- driver is involved, and ered "auto" for Uninsured Motorists Cover- b. Promptly send us copies of the legal papers age under this Coverage Form; if a "suit" is brought b. Any "family member" while "occupying" or 2. TRANSFER OF RIGHTS OF RECOVERY when struck by any vehicle owned by that AGAINST OTHERS TO US is changed by "family member" that is not a covered adding the following: "auto" for Uninsured Motorists Coverage If we make any payment due to an "accident" under this Coverage Form; or involving an "uninsured motor vehicle" and the c. Any "family member" while "occupying" or "insured" recovers from another parry, the when struck by any vehicle owned by you "insured" shall hold the proceeds in trust for us that is insured for Uninsured Motorists and pay us back the amount we have paid to Coverage on a primary basis under any the extent such payment duplicates any other Coverage Form or policy. amount we have paid under this coverage. D. LIMIT OF INSURANCE 3. OTHER INSURANCE in the Business Auto 1. Regardless of the number of covered "motor and Garage Coverage Forms and OTHER IN- premiums paid, claims vehicles" "insureds" SURANCE - PRIMARY AND EXCESS IN- , , made or vehicles involved in the "accident" SURANCE PROVISIONS in the Truckers and , the most we will pay for all damages resulting Motor Carrier Coverage forms is replaced by from any one "accident" is the LIMIT OF IN- the following: SURANCE for UNINSURED MOTORISTS a. If there is other applicable similar insurance COVERAGE shown in the Schedule or Decla- available under more than one Coverage rations. Form or policy, the following priorities of 2. Any amount payable for damages under this recovery apply: First The Uninsured Motorists coverage shall be reduced by all sums paid by Coverage applicable to the or for anyone who is legally responsible. This vehicle the "insured" was includes all sums paid for the same damages ' occupying" at the time of s LIABILITY COV- under this Coverage Form the "accident"% ERAGE. This also includes all sums paid for an "insured's" attorney either directly or as part Second The Coverage Form or of the amount paid to the "insured". policy affording Uninsured 3. No one will be entitled to receive duplicate Motorists Coverage to the " payments for the same elements of "loss" un- as a named insured der this Coverage Form and any Liability Cov- insured or family member. erage Form, Medical Payments Coverage en- b. Where there is no applicable insurance dorsement or Underinsured Motorists Cover- available under the first priority, the maxi- age endorsement attached to this Coverage mum recovery under all Coverage Forms Part. or policies in the second priority shall not We will not make a duplicate payment under exceed the highest applicable limit for any this Coverage for any element of "loss" for one vehicle under any one Coverage Form which payment has been made by or for any- or policy. one who is legally responsible, c. Where there is applicable insurance avail- We will not pay for any element of "loss" if a able under the first priority: person is entitled to receive payment for the (1) The LIMIT OF INSURANCE applicable same element of "loss" ender any workers' to the vehicle the "insured" was compensation, disability benefits or similar law. "occupying". under the Coverage Form or policy in the first priority, shall first be exhausted; and Page 2 of 3 Copyright, Insurance Services Office, Inc., 1995 CA 21 92 11 95 11 0039 (2) The maximum recovery under all Cov- F. ADDITIONAL DEFINITIONS erage Forms or policies in the second As used in this endorsement: priority shall not exceed the amount by which the highest limit for any one ve- 1. "Family member" means a person related to hcle under any one Coverage Form or you by blood, marriage or adoption who is a policy in the second priority exceeds the resident of your household, including a ward or limit applicable under the Coverage foster child. Form or policy in the first priority. 2. "Occupying" means in, upon, getting in, on, out d. If two or more Coverage Forms or policies or off. have equal priority: 3. "Uninsured motor vehicle" means a land motor (1) The insurer against whom the claim is vehicle or trailer: first made shall process and pay the a. For which no liability bond or policy applies claim as if wholly responsible for all in- at the time of an "accident". surers with equal priority; b. For which an insuring or bonding company: (2) The insurer thereafter is entitled to (1) Denies coverage; recover pro rata contribution from any other insurer on the same level of prior- (2) Is or becomes insolvent; or ity for the benefits paid and the costs of (3) Is or becomes involved in insolvency processing the claim; and proceedings. (3) If we are the insurer against whom the c. That is a hit-and-run vehicle and neither the claim is first made, we will pay, subject driver nor owner can be identified. The ve- to the link of insurance for Uninsured hide must Motorists Coverage shown in the Decla- rations, after all contributing insurers (1) Hit an "insured", a covered "motor ve- " " agree as to: hicle or a vehicle an insured is " occupying"; or (a) Whether the "insured" is legally entitled to recover damages from the (2) Cause an "accident" resulting in 'bodily " " owner or driver of an "uninsured injury" to an insured without hitting an motor vehicle"; and "insured", a covered "motor vehicle" or a vehicle an "insured" is "occupying". (b) The amount of damages. If there is no physical contact with the hit- 4. The following Condition is added: and-run vehicle, the facts of the "accident" ARBITRATION must be proved. a. If we and an "insured" disagree whether the However, an "uninsured motor vehicle" does "insured" is legally entitled to recover dam- not include any vehicle: ages from the owner or driver of an a. Owned or operated by a self-insurer under "uninsured motor vehicle" or do not agree any applicable motor vehicle law, except a as to the amount of damages that are re- self-insurer who is or who becomes insol- coverable by that insured", then the matter vent and cannot provide the amounts re- may be arbitrated. Either party may make a quired by that motor vehicle law; written demand for arbitration. In this event, each party will select an arbitrator. The two b. Owned by a governmental unit or agency; arbitrators will select a third. If they cannot or agree within 30 days, either may request c. Designed for use mainly off public roads that selection be made by a judge of a while not on public roads. court having jurisdiction. Each party will 4. "Motor vehicle" means a vehicle which is self- pay the expenses it incurs and bear the ex- propelled except one which is propelled solely penes of the third arbitrator equally. by human power or by electric power obtained b. Arbitration shall be conducted in actor- from overhead trolley wires, but does not dance with the Pennsylvania Uniform Arbi- means vehicle operated upon rails. tration Act Unless both parties agree oth- erwise, arbitration will take place in the county in which the "insured" lives. Local rules of law as to arbitration procedure and evidence will apply. A decision agreed to by two of the arbitrators will be binding. 0040 CA 21 9211 95 Copyright, Insurance Services Office, Inc-, 1995 Page 3 of 3 0 POLICY NUMBER: COMMERCIAL AUTO CA 2193 1195 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PENNSYLVANIA UNDERINSURED MOTORISTS COVERAGE - NONSTACKED For a covered "motor vehicle" licensed or principally garaged in, or "garage operations" conducted in, Pennsyl- vania, this endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. This endorsement changes the policy effective on the inception date of the policy unless another date Is indi- cated below: Endorsement Effective Named Insured Countersigned By (Authorized Representative) LIMIT OF INSURANCE SCHEDULE Each "Accident" (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) A. COVERAGE (1) Have been given prompt written notice 1. We will pay all sums the "insured" is legally entitled to recover as compensatory damages from the owner or driver of an "underinsured motor vehicle". The damages must result from "bodily injury" sustained by the "insured" caused by an "accident". The owner's or driver's liability for these damages must result from the ownership, maintenance or use of an "underinsured motor vehicle". 2. We will pay under this coverage only if a. or b. below applies: a. The limits of any applicable liability bonds or policies have been exhausted by judg- merits or payments; or b. A tentative settlement has been made between an "insured" and the insurer of the "underinsured motor vehicle" and we: of such tentative settlement; and (2) Advance payment to the "insured" in an amount equal to the tentative settlement within 30 days after receipt of notifica- tion. 3. No judgment for damages arising out of a "suit" brought against the owner or operator of an "underinsured motor vehicle" is binding on us unless we: a. Received reasonable notice of the pen- dency of the "suit" resulting in the judg- ment; and b. Had a reasonable opportunity to protect our interests in the "suit". 0041 CA 21 93 11 95 Copyright, Insurance Services Office, Inc., 1995 Page 1 of 4 B. WHO IS AN INSURED 1. You. 2. It you are an individual, any "familymember"_ 3. Anyone else 'occupying" a covered "motor vehicle" or a temporary substitute for a cov- ered "motor vehicle". The covered "motor ve- hicle" must be out of service because of its breakdown, repair, servicing, "loss" or destruc- tion. 4. Anyone for damages he or she is entitled to recover because of "bodily injury" sustained by another insured". C. EXCLUSIONS This insurance does not apply to any of the follow- ing: 1. The direct or indirect benefit of any insurer or self-insurer under any workers' compensation, disability benefits or similar law. 2. Anyone using a vehicle without a reasonable belief that the person is entitled to do so. 3. Punitive or exemplary damages. 4. "Bodily injury" sustained by: a. You white "occupying" or when struck by any vehicle owned by you that is not a cov- ered "auto" for Underinsured Motorists Coverage under this Coverage Form; b. Any "family member" while "occupying" or when struck by any vehicle owned by that "family member" that is not a covered "auto" for Underinsured Motorists Coverage under this Coverage Form; or c. Any "family member while "occupying" or when struck by any vehicle owned by you that is insured for Underinsured Motorists Coverage on a primary basis under any other Coverage Form or policy. D. LIMIT OF INSURANCE 1. Regardless of the number of covered "motor vehicles", insureds", premiums paid, claims made or vehicles involved in the "accident". the most we will pay for all damages resulting from any one "accident" is the LIMIT OF IN- SURANCE for UNDERINSURED MOTOR- ISTS COVERAGE shown in the Schedule or Declarations. 2. The Limit of Insurance under this coverage shall be reduced by all sums paid by or for anyone who is legally responsible. This in- cludes all sums paid for the same damages under this Coverage Form's LIABILITY COV- ERAGE. This also includes all sums paid for an "insureds" attorney either directly or as part of the amount paid to the "insured 3. No one will be entitled to receive duplicate payments for the same elements of 'loss" un- der this Coverage Form and any Liability Cov- erage Form, Medical Payments Coverage en- dorsement or Uninsured Motorists Coverage endorsement attached to this Coverage Part. We will not make a duplicate payment under this Coverage for any element of "loss" for which payment has been made by or for any- one who is legally responsible. We will not pay for any element of "loss" if a person is entitled to receive payment for the same element of "loss" under any workers' compensation, disability benefits or similar law. E. CHANGES IN CONDITIONS The CONDITIONS are changed for PENNSYL- VANIA UNDERINSURED MOTORISTS COVER- AGE- NONSTACKED as follows: 1. DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT OR LOSS is changed by adding the following: a. Promptly send us copies of the legal papers if a "suit" is brought. b. A person seeking Underinsured Motorists Coverage must also promptly notify us, in writing, of a tentative settlement between the "insured" and the insurer of the "underinsured motor vehicle" and allow us 30 days to advance payment to the "insured" in an amount equal to the tenta- tive settlement to preserve our rights against the insurer, owner or operator of such "underinsured motor vehicle". 2. TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US is changed by adding the following: If we make any payment due to an "accident" involving an "underinsured motor vehicle" and the "insured" recovers from another party, the msured" shall hold the proceeds in trust for us and pay us back the amount we have paid to the extent such payment duplicates any amount we have paid under this coverage. Our rights do not apply under this provision with respect to Underinsured Motorists Cover- age if we: a. Have been given prompt written notice of a tentative settlement between an "insured" and the insurer of an "underinsured motor vehicle"; and 0042 Page 2 of 4 Copyright, Insurance Services Office; Inc., 1995 CA 2193 1195 ? b. Fail to advance payment to the "insured" in an amount equal to the tentative settlement within 30 days after receipt of notification. If we advance payment to the "insured" in an amount equal to the tentative settlement within 30 days after receipt of notification: a. That payment will be separate from any amount the "insured" is entitled to recover under the provisions of Underinsured Mo- torists Coverage; and b. We also have a right to recover the ad- vanced payment. 3. OTHER INSURANCE in the Business Auto and Garage Coverage Forms and OTHER IN- SURANCE - PRIMARY AND EXCESS IN- SURANCE PROVISIONS in the Truckers and Motor Carrier Coverage Forms is replaced by the following: a. If there is other applicable similar insurance available under more than one Coverage Form or policy, the following priorities of recovery apply: First The Underinsured Motorists Coverage applicable to the vehicle the "insured" was "occupying" at the time of the "accident". Second The Coverage Form or policy affording Underinsured Motorists Coverage to the "insured" as a named insured or family member. b. Where there is no applicable insurance available under the first priority, the maxi- mum recovery under all Coverage Forms or policies in the second priority shall not exceed the highest applicable limit for any one vehicle under any one Coverage Form or policy. c. Where there is applicable insurance avail- able under the first priority: (1) The LIMIT OF INSURANCE applicable to the vehicle the "insured" was "occupying" under the Coverage Form or policy in the first priority, shall first be exhausted; and (2) The maximum recovery under all'Cov- erage forms or policies in the second priority shall not exceed the amount by which the highest limit for any one ve- hicle under any one Coverage form or policy in the second priority exceeds the limit applicable under the Coverage Form or policy in the first priority, d. If two or more Coverage Forms or policies have equal priority: (1) The insurer against whom the claim is first made shall process and pay the claim as if wholly responsible for all in- surers with equal priority; (2) The insurer thereafter is entitled to recover pro rata contribution from any other insurer for the benefits paid and the costs of processing the claim; and (3) If we are the insurer against whom the claim is first made, we will pay, subject to the limit of insurance for Underin- sured Motorists Coverage shown in the Declarations, after all contributing insur- ers agree as to: (a) Whether the "insured" is legally entitled to recover damages from the owner or driver of an "underinsured motor vehicle"; and (b) The amount of damages. 4. The following Condition is added: ARBITRATION a. If we and an "insured" disagree whether the "insured" is legally' entitled to recover dam- ages from the owner or driver of an "underinsured motor vehicle" or do not agree as to the amount of damages that are recoverable by that "insured", then the matter may be arbitrated. Either party may make a written demand for arbitration. In this event, each party will select an arbitra- tor. The two arbitrators will select a third. If they cannot agree within 30 days, either may request that selection be made by a judge of a court having jurisdiction. Each party will pay the expenses it incurs and bear the expenses of the third arbitrator equally: b. Arbitration shall be conducted in accor- dance with the Pennsylvania Uniform Arbi- tration Act. Unless both parties agree oth- erwise, arbitration will take place in the county in which the "insured" lives. Local rules of law as to arbitration procedure and evidence will apply. A decision agreed to by two of the arbitrators will be binding. 0043 CA 2`193 11 95 Copyright, Insurance Services Office, inc., 1995 Page 3 of 4 F. ADDITIONAL DEFINITIONS As used in this endorsement 1. "Family member' means a person related to you by blood, marriage or adoption who is a resident of your household, including a ward or foster child. 2. "Occupying" means in, upon, getting in, on, out or off. 3. "Underinsured motor vehicle" means a vehicle for which the sum of all liability bonds or poli- cies that apply at the time of an "accident" do not provide at least the amount an "insured" is legally entitled to recover as damages. However, an "underinsured motor vehicle" does not include any vehicle: a. Owned or operated by a self-insurer under any applicable motor vehicle law; b. Owned by a governmental unit or agency; or c. Designed for use mainly off public roads white not on public roads. 4. "Motor vehicle" means a vehicle which is self- propelled except one which is propelled solely by human power or by electric power obtained from overhead trolley wires, but does not mean a vehicle operated upon rails. 0044 Page 4 of 4 Copyright, Insurance Services Office, Inc., 1995 CA 21 93 11 95 ? COMMERCIAL AUTO CA 99 4812 93 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. POLLUTION LIABILITY - BROADENED COVERAGE FOR COVERED AUTOS - BUSINESS AUTO, MOTOR CARRIER AND TRUCKERS COVERAGE FORMS This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. 1. LIABILITY COVERAGE is changed as follows: Paragraph a. of the POLLUTION EXCLUSION applies only to liability assumed under a contract or agreement. 2. DEFINITIONS As used in this endorsement D. "Covered pollution cost or expense" means any cost or expense arising out of: 1. Any request, demand or order; or 2. Any claim or "suit" by or on behalf of a governmental authority demanding that the "insured" or others test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in anyway respond to, or assess the effects of "pollutants". "Covered pollution cost or expense" does not include any cost or expense arising out of the actual, alleged or threatened discharge, dis- persal, seepage, migration, release or escape of "pollutants": a. Before the 'pollutants" or any property in which the 'pollutants" are contained are moved from the place where they are accepted by the "insured" for movement into or onto the covered "auto"; or b. After the "pollutants" or any property in which the "pollutants" are contained are moved from the covered "auto" to the place where they are finally delivered, disposed of or abandoned by the "insured". Paragraphs a. and b. above do not apply to "accidents" that occur away from premises owned by or rented to an "insured" with re- spect to "pollutants" not in or upon a cov- ered "auto" it (1) The "pollutants" or any property in which the "pollutants" are contained are upset, overturned or damaged as a result of the maintenance or use of a covered "auto"; and (2) The discharge, dispersal, seepage, migration, release or escape of the "pollutants" is caused directly by such upset, overturn or damage. 0045 CA 99 48 12 93 Copyright, Insurance Services Office; Inc., 1993 Page 1 of 1 COMMERCIAL AUTO CA 001212 93 TRUCKERS COVERAGE FORM Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights, duties and what is and is not covered. Throughout this policy the words "you" and "your" refer to the Named Insured shown in the Declarations. The words "we", "us" and "our" refer to the Company providing this insurance. Other words and phrases that appear in quotation marks have special meaning. Refer to SECTION VI - DEFI- NITIONS. SECTION I - COVERED AUTOS ITEM TWO of the Declarations shows the "autos" that 46 are covered "autos" for each of your coverages. The following numerical symbols describe the "autos" that may be covered "autos". The symbols entered next to a coverage on the Declarations designate the only "autos" that are covered "autos". A- DESCRIPTION OF COVERED AUTO 47 DESIGNATION SYMBOLS SYMBOL DESCRIPTION 41 = ANY "AUTOS". 42 = OWNED "AUTOS" ONLY. Only the "autos" you own (and for Liability Coverage any "trailers" you don't own while connected to a 48 power unit you own). This includes those "autos" you acquire ownership of after the pol- icy begins. 43 = OWNED COMMERCIAL "AUTOS" ONLY. Only those trucks, tractors and "trailers" you own (and for Liability Coverage any "trailers" you don't own while connected to a power unit you own). This includes those trucks, tractors 49 and "trailers" you acquire ownership of after the policy begins. 44 = OWNED "AUTOS" SUBJECT TO NO- FAULT. Only those "autos" you own that are required to have No-Fault benefits in the state where they are licensed or principally garaged. This includes those "autos" you acquire owner- ship of after the policy begins provided they are subject to the No-Fault law in the state where they are licensed or principally garaged. 45 = OWNED "AUTOS" SUBJECT TO A COM- PULSORY UNINSURED MOTORISTS LAW. Only those "autos" you own that, because of the law in the state where they are licensed or principally garaged, are required to have and cannot reject Uninsured Motorists Coverage. This includes those "autos" you acquire owner- ship of after the policy begins provided they are subject to the same state uninsured motor- ists requirement. = SPECIFICALLY DESCRIBED "AUTOS". Only those "autos" described in ITEM THREE of the Declarations for which a premium charge is shown (and for Liabilty Coverage any "trailers" you don't own while attached to any power unit described in ITEM THREE). = HIRED "AUTOS" ONLY. Only those "autos" you lease, hire, rent or borrow. This does not include any "private passenger type auto" you lease, hire, rent or borrow from any member of your household, any of your employees, part- ners or agents or members of their house- holds. = "TRAILERS" IN YOUR POSSESSION UN- DER A WRITTEN TRAILER OR EQUIPMENT INTERCHANGE AGREEMENT. Only those "trailers" you do not own while in your posses- sion under a written "trailer" or equipment in- terchange agreement in which you assume li- ability for "loss" to the "trailers" while in your possession. = YOUR "TRAILERS" IN THE POSSESSION OF ANYONE ELSE UNDER A WRITTEN TRAILER INTERCHANGE AGREEMENT. Only those "trailers" you own or hire while in the possession of anyone else under a written "trailer" interchange agreement. When Symbol "49" is entered next to a Physical Damage Coverage in ITEM TWO of the Declarations, the Physical Damage Coverage exclusion re- lating to "loss" to a "trailer" in the possession of anyone else does not apply to that coverage. NONOWNED "AUTOS" ONLY. Only those "autos" you do not own, lease, hire, rent or bor- row that are used in connection with your busi- ness. This includes "private passenger type autos" owned by your employees or partners or members of their households but only while used in your business or your personal affairs- CA 00 1212 93 Copyright, Insurance Services Office,, Inc., 1993 0046 Page 1 of 13 O B. OWNED AUTOS YOU ACQUIRE AFTER THE POLICY BEGINS 1. If symbols 41, 42, 43, 44 or 45 are entered next to a coverage in ITEM TWO of the Decla- rations, then you have coverage for "autos" that you acquire of the type described for the remainder of the policy period. 2. But, if symbol 46 is entered next to a coverage in ITEM TWO of the Declarations, an "auto" you acquire will be a covered "auto" for that coverage only it. a. We already cover all "autos" that you own for that coverage or it replaces an "auto" you previously owned that had that cover- age; and b. You tell us within 30 days after you acquire it that you want us to cover it for that cov- erage. C. CERTAIN TRAILERS, MOBILE EQUIPMENT AND TEMPORARY SUBSTITUTE AUTOS If Liability Coverage is provided by this Coverage Form, the following types of vehicles are also covered "autos' for Liability Coverage: I . "Trailers" with a load capacity of 2,000 pounds or less designed primarily for travel on public roads. 2. "Mobile equipment" while being carried or towed by a covered "auto". 3. Any "auto" you do not own while used with the permission of its owner as a temporary substi- tute for a covered "auto" you own that is out of service because of its: a. Breakdown; b. Repair, c. Servicing; d. "Loss"; or e. Destruction. SECTION It - LIABILITY COVERAGE A. COVERAGE We will pay all sums an "insured" legally must pay as damages because of "bodily injury' or "property damage" to which this insurance applies, caused by an "accident" and resulting from the ownership, maintenance or use of a covered "auto". We will also pay all sums an "insured" legally must pay as a "covered pollution cost or expense" to which this insurance applies, caused by an "accident" and resulting from the ownership, maintenance or use of covered "autos". However, we will only pay for the "covered pollution cost or expense" if there is either "bodily injury" or "property damage" to which this insurance applies that is caused by the same "accident": We have the right and duty to defend any "insured" against a"suit asking for such damages or a "covered pollution cost or expense". How- ever, we have no duty to defend any "insured" against a "suit" seeking damages for "bodily in- jury" or "property damage" or a "covered pollution cost or expense" to which this insurance does not apply. We may investigate and settle any claim or "suit" as we consider appropriate. Our duty to de- fend or settle ends when the Liability Coverage Limit of Insurance has been exhausted by pay- ment of judgments or settlements. 1. WHO IS AN INSURED The following are "insureds": a. You for any covered "auto". b. Anyone else while using with your permis- sion a covered "auto" you own, hire or bor- row except. (1) The owner or anyone else from whom you hire or borrow a covered "private passenger type auto". (2) Your employee or agent if the covered "auto" is a "private passenger type auto" and is owned by that employee or agent or a member of his or her household. (3) Someone using a covered "auto" while he or she is working in a business of selling, servicing, repairing, parking or storing "autos" unless that business is yours. (4) Anyone other than your employees, partners, a lessee or borrower or any of their employees, while moving property to or from a covered "auto". (5) A partner of yours for a covered "private passenger type auto" owned by him or her or a member of his or her house- hold. 0047 Page 2 of 13 Copyright, Insurance Services Office, inc., 1993 CA 00 12 12 93 c. The owner or anyone else from whore you hire or borrow a covered "auto" that is a "trailer while the "trailer" is connected to another covered "auto" that is a power unit, or, if not connected: (1) Is being used exclusively in your busi- ness as a "trucker": and (2) Is being used pursuant to operating rights granted to you by a public author- ity_ d. The owner or anyone else from whom you hire or borrow a covered "auto" that is notes "trailer" while the covered "auto": (1) Is being used exclusively in your busi- ness as a "trucker"; and (2) Is being used pursuant to operating rights granted to you by a public author- ity. e. Anyone liable for the conduct of an insured" described above but only to the extent of that liability. However, none of the following is an "insured": a. Any "trucker' or his or her agents or em- ployees, other than you and your employ- ees: (1) If the "trucker" is subject to motor carrier insurance requirements and meets them by a means other than "auto" liability in- surance. (2) If the "trucker" is not insured for hired "autos" under an "auto" liability insur- ance form that insures on a primary ba- sis the owners of the "autos" and their agents and employees while the "autos" are being used exclusively in the "truckers" business and pursuant to op- erating rights granted to the "trucker" by a public authority. b. Any rail, water or air carrier or its employ- ees or agents, other than you and your employees, for a "trailer" if "bodily injury" or "property damage" occurs while the "trailer" is detached from a covered "auto" you are using and: (1) Is being transported by the carrier; or (2) Is being loaded on or unloaded from any unit of transportation by the carrier. 2. COVERAGE EXTENSIONS a. Supplementary Payments. In addition to the Limit of insurance, we will pay for the insured": (1) All expenses we incur. (2) Up to $250 for the cost of bail bonds (including bonds for related traffic law violations) required because of an "accident" we cover. We do not have to fumish these bonds. (3) The cost of bonds to release attach- ments in any "suit" we defend, but only for bond amounts within our Limit of In- surance. (4) All reasonable expenses incurred by the "insured" at our request, including actual loss of earnings up to $100 a day be- cause of time off from work. (5) All costs taxed against the "insured" in any "suit" we defend. (6) All interest on the full amount of any judgment that accrues after entry of the judgment in any "suit" we defend; but our duty to pay interest ends when we have paid, offered to pay or deposited in court the part of the judgment that is within our Limit of Insurance. b. Out-of-State Coverage Extensions. White a covered "auto" is away from the stale where it is licensed we will (1) Increase the Limit of Insurance for Li- ability Coverage to meet the limit speci- fied by a compulsory or financial re- sponsibility law of the jurisdiction where the covered "auto" is being used. This extension does not apply to the limit or limits specified by any law governing motor carriers of passengers or prop- erty. (2) Provide the minimum amounts and types of other coverages, such as no- fault, required of out-of-state vehicles by the jurisdiction where the covered "auto" is being used. We will not pay anyone more than once for the same elements of loss because of these extensions. 0048 CA 0012 1293 Copyright, Insurance Services Office, Inc-, 1993 Page 3 of 13 B. EXCLUSIONS This insurance does not apply to any of the follow- ing: 1. EXPECTED OR INTENDED INJURY "Bodily injury" or "property damage" expected or intended from the standpoint of the "insured". 2. CONTRACTUAL Liability assumed under any contract or agreement- But this exclusion does not apply to liability for damages: a. Assumed in a contract or agreement that is an insured contract" provided the "bodily injury" or "property damage" occurs subse- quent to the execution of the contract or agreement; or b. That the "insured" would have in the ab- sence of the contract or agreement. 3. WORKERS' COMPENSATION Any obligation for which the "insured" or the "insured's" insurer may be held liable 'under any workers' compensation, disability benefits or unemployment compensation law or any similar law. 4. EMPLOYEE INDEMNIFICATION AND EMPLOYER'S LIABILITY "Bodily injury" to: a. An employee of the "insured" arising out of and in the course of employment by the insured"; or b. The spouse, child, parent, brother or sister of that employee as a consequence of paragraph a. above. This exclusion applies: (1) Whether the "insured" may be liable as an employer or in any other capacity; and (2) To any obligation to share damages with or repay someone else who must pay damages because of the injury. But this exclusion does not apply to "bodily in- jury" to domestic employees not entitled to workers' compensation benefits or to liability assumed by the insured" under an "insured contracf'. 5. FELLOW EMPLOYEE "Bodily injury" to any fellow employee of the "insured" arising out of and in the course of the fellow employee's employment. 6. CARE, CUSTODY OR CONTROL "Property damage" to or "covered pollution cost or expense" involving property owned or transported by the "insured" or in the "insureds" care, custody or control. But this exclusion does not apply to liability assumed under a sidetrack agreement. 7. HANDLING OF PROPERTY "Godly injury" or "property damage" resulting from the handling of property: a. Before 9 is moved from the place where it is accepted by the "insured" for movement into or onto the covered "auto"; or b. After it is moved from the covered "auto" to the place where it is finally delivered by the "insured". 8. MOVEMENT OF PROPERTY BY MECHANICAL DEVICE "Bodily injury" or "property damage" resulting from the movement of property by a mechani- cal device (other than a hand truck) unless the device is attached to the covered "auto". 9. OPERATIONS "Bodily injury" or "property damage" arising out of the operation of any equipment listed in paragraphs 6.b, and 6.c. of the definition of "mobile equipment". 10. COMPLETED OPERATIONS "Bodity injury" or "property damage" arising out of your work after that work has been com- pleted or abandoned. In the exclusion, your work means: a. Work or operations performed by you or on your behalf; and b. Materials, parts or equipment furnished in connection with such work or operations. Your work includes warranties or representa- bons made at any time with respect to the fit- ness, quality, durability or performance of any of the items included in paragraphs a. or b. above. Your work will be deemed completed at the earliest of the following times: (1) When all of the work called for in your contract has been completed. 0049 Page 4 of 13 Copyright, Insurance Services Office, Inc., 1993 CA 00 12 12 93 0 J2) When all of the work to be done at the site has been completed if your contract calls for work at more than one site. (3) When that part of the work done at a job site has been put to its intended use by any person or organization other than another contractor or subcontractor working on the same project. Work that may need service, maintenance, correction, repair or replacement, but which is otherwise complete, will be treated as com- pleted. 11. POLLUTION "Bodily injury" or "property damage" arising out of the actual, alleged or threatened discharge, dispersal, seepage, migration, release or es- cape of "pollutants": a. That are, or that are contained in any prop- erty that is: (1) Being transported or towed by, handled, or handled for movement into, onto or from, the covered "auto"; (2) Otherwise in the course of transit by or on behalf of the "insured"; or (3) Being stored, disposed of, treated or processed in or upon the covered "auto"; b. Before the "pollutants" or any property in which the "pollutants" are contained are moved from the place where they are ac- cepted by the 'insured" for movement into or onto the covered "auto"; or c. After the "pollutants" or any property in which the "pollutants" are contained are moved from the covered "auto" to the place where they are finally delivered, disposed of or abandoned by the "insured". Paragraph a. above does not apply to fuels, lubricants, fluids, exhaust gases or other Simi- lar "pollutants" that are needed for or result from the normal electrical, hydraulic or me- chanical functioning of the covered "auto" or Its parts, if (1) The pollutants" escape, seep, migrate, or are discharged; dispersed or released directly from an "auto" part designed by its manufacturer to hold, store, receive or dispose of such "pollutants"; and (2) The "bodily injury", "property damage" or "covered pollution cost or expense" does not arise out of the operation of any equipment listed in paragraphs 6.b. and 6.c, of the definition of "mobile equipment". Paragraphs b. and c. above of this exclusion do not apply to "accidents" that occur away from premises owned by or rented to an "insured" with respect to "pollutants" not in or upon a covered "auto" if (1) The "pollutants" or any property in which the "pollutants" are contained are upset, overturned or damaged as a result of the maintenance or use of a covered "auto": and (2) The discharge, dispersal, seepage, mi- gration, release or escape of the "pollutants" is caused directly by such upset, overturn or damage. 12. WAR "Bodily injury" or "property damage" due to war, whether or not declared, or any act or condition incident to war. War includes civil war, insurrection, rebellion or revolution. This exclusion applies only to liability assumed un- der a contract or agreement. 13. RACING Covered "autos" while used in any professional or organized racing or demolition contest or stunting activity, or while practicing for such contest or activity. This insurance also does not apply while that covered "auto" is being prepared for such a contest or activity. C. LIMIT OF INSURANCE Regardless of the number of covered "autos", "insureds", premiums paid, claims made or vehi- cles involved in the "accident", the most we will pay for the total of all damages and "covered pol- lution cost or expense" combined, resulting from any one "accident" is the Limit of Insurance for Li- ability Coverage shown in the Declarations. All "bodily injury", "property damage" and "covered pollution cost or expense" resulting from continuous or repeated exposure to substantially the same conditions will be considered as result- ing from one "accident". No one will be entitled to receive duplicate pay- ments for the same elements of "loss" under this Coverage Form and any Medical Payments Cov- erage endorsement, Uninsured Motorists Cover- age endorsement or Underinsured Motorists Cov- erage endorsement attached to this Coverage Part. 0050 CA 00 1212 93 Copyright, Insurance Services Office, Inc., 1993 Page 5 of 13 ? -y SECTION III - TRAILER INTERCHANGE COVERAGE A. COVERAGE e. All interest on the full amount of any judg- i. We will pay all sums you legally must pay as ment that accrues after entry of the judg- damages because of "loss" to a "trailer" you ' ment; but our duty to pay interest ends when we have paid, offered to pay or de- don t own or its equipment under: , posited in court the part of the judgment a. Comprehensive Coverage. From any cause that is within our Limit of Insurance. except: B. EXCLUSIONS (1) The "trailer's" collision with another ob- 1. We will not pay for "loss" caused by or result- ject; or ing from any of the following. Such "loss" is (2) The "trailer's" overturn. excluded regardless of any other cause or b. Specified Causes of Loss Coverage. event that contributes concurrently or in any " " Caused by. sequence to the loss . (1) Fire, lightning or explosion; a. Nuclear Hazard. (2) Theft; (1) The explosion of any weapon employing (3) Windstorm, hail or earthquake; atomic fission or fusion; or (4) Flood; (2) Nuclear reaction or radiation, or radio- active contamination, however caused. (5) Mischief or vandalism; or b. War or Military Action. (6) The sinking, burning, collision or de- (1) War, including undeclared or civil war, railment of any conveyance transporting the "trailer". (2) Warlike action by a military force, in- c. Collision Coverage. Caused by: cluding action in hindering or defending against an actual or expected attack, by (1) The "trailers" collision with another ob- any government, sovereign or other ject; or authority using military personnel or (2) The "trailers" overturn. other agents; or 2. We have the right and duty to defend any (3) Insurrection, rebellion, revolution, Insured" against a "suit" asking for these usurped power or action taken by gov- damages. However, we have no duty to de- emmental authority in hindering or de- fend any "insured" against a "suit" seeking fending against any of these. damages for any 'loss" to which this insurance 2. We will not pay for loss of use. does not apply. We may investigate and settle 3. Other Exclusions. any claim or "suit" as we consider appropriate. Our to defend or settle ends fora cover- We will not pay for "lass" caused by or result- age when age the Limit Insurance for that coo- ing from any of the following unless caused by erage has been exhausted by payment of other "loss" that is covered by this insurance: judgments or settlements, a. Wear and tear, freezing, mechanical or 3. COVERAGE EXTENSIONS electrical breakdown. Supplementary Payments. In addition to the b. Blowouts, punctures or other road damage Limit of insurance, we will pay for you: to tires. a. All expenses we incur. C. OMIT OF INSURANCE AND DEDUCTIBLE b. The cost of bonds to release attachments The most we will pay for "loss" to any one "trailer" , but only for bond amounts within our Limit is the least of the following amounts minus any of Insurance. applicable deductible shown in the Declarations: c. All reasonable expenses incurred at our 1. The actual cash value of the damaged or sto- request, including actual loss of earnings len property at the time of the'loss". up to $100 a day because of time off from 2. The cost of repairing or replacing the damaged work. or stolen property with other property of like d. All costs taxed against the "insured" in any kind and quality, "suit" we defend. 3. The Limit of Insurance shown in the Declara- tions. 0051 Page 6 of 13 Copyright, Insurance Services Office, Inc., 1993 CA 0012 12 93 SECTION IV - PHYSICAL DAMAGE COVERAGE A. COVERAGE 4. Coverage Extension. We will also pay up to 1. We will pay for "loss" to a covered "auto" or its equipment under. a. Comprehensive Coverage. From any cause except: (1) The covered "auto's" collision with an- other object; or (2) The covered "auto's" overtum. b. Specified Causes of Loss Coverage. Caused by: (1) Fire, lightning or explosion; (2) Theft; (3) Windstorm, hail or earthquake; (4) Flood; (5) Mischief or vandalism; or (6) The sinking, burning, collision or de- railment of any conveyance transporting the covered "auto". c. Collision Coverage. Caused by: (1) The covered "auto's" collision with an- other object; or (2) The covered "auto's" overtum. 2. Towing - Private Passenger Autos. We will pay up to the limit shown in the Decla- rations for towing and labor costs incurred each time a covered "auto" of the "private pas- senger type" is disabled. However, the labor must be performed at the place of disable- ment. 3. Glass Breakage - Hitting a Bird or Animal - Falling Objects or Missiles. If you tarty Comprehensive Coverage for the damaged covered "auto", we will pay for the following under Comprehensive Coverage: a. Glass breakage; b. "Loss" caused by hitting a bird or animal and c. "Loss" caused by failing objects or missiles. However, you have the option of having glass breakage caused by a covered "auto's" colli- sion or overturn considered a "foss' under Col- lision Coverage. $15 per day to a maximum of $450 for trans- portation expense incurred by you because of the total theft of a covered "auto" of the "private passenger type". We will pay only for those covered "autos" for which you carry ei- ther Comprehensive or Specified Causes of Loss Coverage. We will pay for transportation expenses incurred during the period beginning 48 hours after the theft and ending, regardless of the policy's expiration, when the covered "auto" is returned to use or we pay for its "loss". B. EXCLUSIONS 1. We will not pay for "loss" caused by or result- ing from any of the following. Such "loss" is excluded regardless of any other cause or event that contributes concurrently or in any sequence to the "loss". a. Nuclear Hazard. (1) The explosion of any weapon employing atomic fission or fusion; or (2) Nuclear reaction or radiation, or radio- active contamination, however caused. b. War or Military Action. (1) War, including undeclared or civil war, (2) Warlike action by a military force, in- cluding action in hindering or defending. against an actual or expected attack, by any government, sovereign or other authority using military personnel or other agents; or (3) Insurrection, rebellion, revolution, usurped power or action taken by gov- emmental authority in hindering or de- fending against any of these. 2. We will not pay for "loss" to any of the follow- ing: a. Any covered "auto" while in anyone else's possession under a written trailer inter- change agreement. But this exclusion does not apply to a loss payee; however, if we pay the loss payee, you must reimburse us for our payment. b. Any covered "auto" while used in any pro- fessional or organized racing or demolition contest or stunting activity, or while practic- Ing for such contest or activity. We will also not pay for "loss" to any covered "auto" while that covered "auto" is being prepared for any such contest or activity. 0052 CA 00 12 12 93 Copyright, Insurance Services Office, Inc., 1993 Page 7 of 13 c. Tapes, records, discs or other similar audio, visual or data electronic devices designed for use with audio, visual or data electronic equipment. d. Equipment designed or used for the detec- tion or location of radar. e. Any electronic equipment, without regard to whether this equipment is permanently in- stalled, that receives or transmits audio, visual or data signals and that is not de- signed solely for the reproduction of sound. f. Any accessories used with the electronic equipment described in paragraph e. above. Exclusions 2.e. and 2.f. do not apply to: a. Equipment designed solely for the repro- duction of sound and accessories used with such equipment, provided such equipment is permanently installed in the covered "auto" at the time of the "loss" or such equipment is removable from a housing unit which is permanently installed in the covered "auto" at the time of the "loss", and such equipment is designed to be solely operated by use of the power from the "auto's" electrical system, in or upon the covered "auto' ; or b. Any other electronic equipment that is: (1) Necessary for the normal operation of the covered "auto" or the monitoring of the covered "autos" operating system; or (2) An integral part of the same unit hous- ing any sound reproducing equipment described in a. above and permanently installed in the opening of the dash or console of the covered "auto' normally used by the manufacturer for installation of a radio. 3. Other Exclusions We will not pay for "loss" caused by or result- ing from any of the following unless caused by other "loss" that is covered by this insurance: a. Wear and tear, freezing, mechanical or electrical breakdown. b. Blowouts, punctures or other road damage to fires. C. LIMITS OF INSURANCE The most we will pay for "loss" in any one "accident" is the lesser of: 1. The actual cash value of the damaged or sto- len property as of the time of "loss or 2. The cost of repairing or replacing the damaged or stolen property with other property of like kind and quality. 0. DEDUCTIBLE For each covered "auto", our obligation to pay for, repair, return or replace damaged or stolen prop- erty will be reduced by the applicable deductible shown in the Declarations. Any Comprehensive Coverage deductible shown in the Declarations does not apply to "loss" caused by fire or lightning. SECTION V -TRUCKERS CONDITIONS The following conditions apply in addition to the Common Policy Conditions: A. LOSS CONDITIONS 1. APPRAISAL FOR PHYSICAL DAMAGE LOSS If you and we disagree on the amount of "loss", either may demand an appraisal of the "loss": In this event, each party will select a compe- tent appraiser. The two appraisers will select a competent and impartial umpire. The apprais- ers will state separately the actual cash value and amount of "loss". If they fail to agree, they will submit their differences to the umpire. A decision agreed to by any two will be binding. Each party will a. Pay its chosen appraiser; and b. Bear the other expenses of the appraisal and umpire equally. If we submit to an appraisal, we will still retain our right to deny the claim. 2. DUTIES IN THE EVENT OF ACCIDENT, CLAIM, SUIT OR LOSS a. In the event of "accident", claim, "suit" or "loss", you must give us or our authorized representative prompt notice of the acci- dent or "loss", Include: (1) How, when and where the "accident" or "loss" occurred; (2) The "insureds" name and address; and (3) To the extent possible, the names and addresses of any injured persons and witnesses. 0053 Page 8 of 13 Copyright, Insurance Services Office, Inc., 1993 CA 0012 12 93 0 b. Additionally, you and any other involved "insured" must: (1) Assume no obligation, make no pay- ment or incur no expense without our consent, except at the "insureds" own cost. (2) immediately send us copies of any re- quest, demand, order, notice, summons or legal paper received concerning the claim or "suit". (3) Cooperate with us in the investigation, settlement or defense of the claim or "suit". (4) Authorize us to obtain medical records or other pertinent information. (5) Submit to examination at our expense, by physicians of our choice, as often as we reasonably require. c. If there is a "loss" to a covered "auto" or its equipment you must also do the following: (1) Promptly notify the police if the covered "auto" or any of its equipment is stolen. (2) Take all reasonable steps to protect the covered "auto" from further damage. Also keep a record of your expenses for consideration in the settlement of the claim. (3) Permit us to inspect the covered "auto" and records proving the "loss" before its repair or disposition. (4) Agree to examination under oath at our request and give us a signed statement of your answers. 3. LEGAL ACTION AGAINST US No one may bring a legal action against-us un- der this Coverage Form until: a. There has been full compliance with all the terms of this Coverage form; and b, Under Liability Coverage, we agree in writ- ing that the "insured" has an obligation to pay or until the amount of that obligation has finally been determined by judgment after trial. No one has the right under this policy to bring us into an action to deter- mine the "insured's" liability. 4. LOSS PAYMENT - PHYSICAL DAMAGE COVERAGES At our option we may: a. Pay for, repair or replace damaged or sto- len property; b. Return the stolen property at our expense. We will pay for any damage that results to the "auto" from the theft; or c. Take all or any part of the damaged or stolen property at an agreed or appraised value. 5. TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US If any person or organization to or for whom we make payment under this Coverage Form has rights to recover damages from another, those rights are transferred to us. That person or organization must do everything necessary to secure our tights and must do nothing after "accident" or "loss" to impair them. B. GENERAL CONDITIONS 1. BANKRUPTCY Bankruptcy or insolvency of the "insured" or the "insured's" estate will not relieve us of any obligation under this Coverage Form. 2. CONCEALMENT, MISREPRESENTATION OR FRAUD This Coverage Form is void in any case of fraud by you at any time as it relates to this Coverage Form. It is also void if you or any other "insured", at any time, intentionally con- ceal or misrepresent a material fact concern- ing: a. This Coverage Form; b. The covered "auto"; C. Your interest in the covered "auto"; or d. A claim under this Coverage Form. 3. LIBERALIZATION If we revise this Coverage Form to provide more coverage without additional premium charge, your policy will automatically provide the additional coverage as of the day the revi- sion is effective in your state. 0054 CA 00 12 12 93. Copyright, insurance Services Office, Inc., 1993 Page 9 of 13 4. NO BENEFIT TO BAILEE - PHYSICAL DAMAGE COVERAGES We will not recognize any assignment or grant any coverage for the benefit of any person or organization holding, storing or transporting property for a fee regardless of any other pro- vision of this Coverage Form. 5. OTHER INSURANCE - PRIMARY AND EXCESS INSURANCE PROVISIONS a. This Coverage Form's Liability Coverage is primary for any covered "auto" while hired or borrowed by you and used exclusively in your business as a "trucker" and pursuant to operating rights granted to you by a pub- lic authority. This Coverage Form's Liability Coverage is excess over any other col- lectible insurance for any covered "auto" while hired or borrowed from you by an- other "trucker". However, while a covered "auto" which is a "trailer" is connected to a power unit, this Coverage Form's Liability Coverage is: (1) On the same basis, primary or excess, as for the power unit if the power unit is a covered "auto". (2) Excess if the power unit is not a cov- ered "auto". b. Any Trailer Interchange Coverage provided by this Coverage Form is primary for any covered "auto". c. Except as provided in paragraphs a. and b. above, this Coverage Form provides pri- mary insurance for any covered "auto" you own and excess insurance for any covered "auto" you don't own. d. For Hired Auto Physical Damage coverage, any covered "auto" you lease, hire, rent or borrow is deemed to be a covered "auto" you own. However, any "auto" that is leased, hired, rented or borrowed with a driver is not a covered "auto". e. Regardless of the provisions of paragraphs a., b, and c. above, this Coverage Form's Liability Coverage is primary for any liabil- ity assumed under an "insured contract". f. When this Coverage form and any other Coverage Form or policy covers on the same basis, either excess or primary, we will pay only our share. Our share is the proportion that the Limit of Insurance of our Coverage Form bears to the total of the limits of all the Coverage Forms and poli- cies covering on the same basis. 6. PREMIUM AUDIT a. The estimated premium for this Coverage Form is based on the exposures you told us you have when this policy began. We will compute the final premium due when we determine your actual exposures. The es- timated total premium will be credited against the final premium due and the first Named Insured will be billed for the bal- ance, if any. If the estimated total premium exceeds the final premium due, the first Named Insured will get a refund. b. If this policy is issued for more than one year, the premium for this Coverage Form will be computed annually based on our rates or premiums in effect at the beginning of each year of the policy. T. POLICY PERIOD, COVERAGE TERRITORY Under this Coverage Form, we cover "accidents" and "losses" occurring: a. During the policy period shown in the Dec- larations; and b. Within the coverage territory. The coverage territory is: a. The United States of America; b. The territories and possessions of the United States of America; c. Puerto Rico; and d. Canada. We also cover "loss" to, or "accidents" involv- ing, a covered "auto" while being transported between any of these places. 8. TWO OR MORE COVERAGE FORMS OR POLICIES ISSUED BY US If this Coverage Form and any other Coverage Form or policy issued to you by us or any company affiliated with us apply to the same "accident", the aggregate maximum Limit of Insurance under all the Coverage Forms or policies shall not exceed the highest applicable Limit of Insurance under any one Coverage Form or policy. This condition does not apply to any Coverage Form or policy issued by us or an affiliated company specifically to apply as excess insurance over this Coverage Form. 0055 Page 10 of 13 Copyright, Insurance Services Office, Inc., 1993 CA 00 1212 93 0 SECTION VI - DEFINITIONS A. "Accident" includes continuous or repeated expo- Paragraph a. above does not apply to fuels, lubri- sure to the same conditions resulting in "bodily cants, fluids, exhaust gases or other similar injury" or "property damage". "Pollutants" that are needed for or result from the B. "Auto" means a land motor vehicle, trailer or normal electrical, hydraulic or mechanical func- semitrailer designed for travel on public roads but toning of the covered "auto" or its parts, if., does not include "mobile equipment". (1) The "pollutants" escape, seep, migrate, or C. "Bodily injury" means bodily injury, sickness or are discharged, dispersed or released di- disease sustained by a person inducting death re- racily from an "auto" part designed by its suiting from any of these. manufacturer to hold, store, receive or dis- D. "Covered pollution cost or expense" means any pose of such "pollutants"; and cost or expense arising out of (2) The "bodily injury", "property damage" or 1. Any request or demand or order "covered pollution cost or expense" does , , not arise out of the operation of any equip- 2. Any claim or "suit' by or on behalf of a gov- ment listed in paragraphs 6.b. or 6.c. of the emmental authority demanding definition of "mobile equipment". that the "insured" or others test for, monitor, clean Paragraphs b. and c. above do not apply to up, remove, contain, treat, detoxify or neutralize, "accidents" that occur away from premises owned or in any way respond to, or assess the effects of by or rented to an "insured" with respect to "pollutants". "pollutants" not in or upon a covered "auto" if. "Covered pollution cost or expense" does not in- (1) The "pollutants" or any property in which dude any cost or expense arising out of the ac- the "pollutants" are contained are upset, tual, alleged or threatened discharge, dispersal, overturned or damaged as a result of the seepage, migration, release or escape of maintenance or use of a covered "auto"; "pollutants": and a. That are, or that are contained in any prop- (2) The discharge, dispersal, seepage, migra- erty that is: lion, release or escape of the "pollutants" is (1) Being transported or towed by, handled, caused directly by such upset, overturn or or handled for movement into, onto or damage. from the covered "auto"; E. "Insured" means any person or organization (2) Otherwise in the course of transit by or qualifying as an insured in the Who is an Insured on behalf of the "insured"; provision of the applicable coverage. Except with (3) Being stored, disposed of, treated or respect to the Limit of Insurance, the coverage afforded applies separately to each insured who is processed in or upon the covered seeking coverage or against whom a claim or "auto"; or "suit" is brought. b. Before the "pollutants" or any property in F. "Insured Contract" means: which the "pollutants" are contained are moved from the place where they are ac- 1. A lease of premises; cepted by the "insured" for movement into 2. A sidetrack agreement; or onto the covered "auto"; or 3. Any easement or license agreement, except in c. After the "pollutants" or any property in connection with construction or demolition op- which the "pollutants" are contained are erations on or within 50 feet of a railroad; moved from the covered "auto" to the place 4. An obligation, as required by ordinance, to in- where they are finally delivered, disposed " demnify a municipality, except in connection of or abandoned by the "insured . with work for a municipality; 0056 CA 00 1212 93 Copyright, Insurance Services Office, Inc., 11993 Page 11 of 13 l7 S. That part of any other contract or agreement pertaining to your business (including an in- demnification of a municipality in connection with work performed for a municipality) under which you assume the tort liability of another to pay for "bodily injury" or "property damage" to a third party or organization. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement; 6. That part of any contract or agreement, en- tered into, as part of your business, pertaining to the rental or lease, by you or any of your employees, of any "auto". However, such con- tract or agreement shall not be considered an "insured contract" to the extent that it obligates you or any of your employees to pay for "property damage" to any "auto' rented or leased by you or any of your employees. An "insured contract" does not include that part of any contract or agreement: a. That indemnifies any person or organiza- tion for "bodily injury" or "property damage" arising out of construction or demolition operations, within 50 feet of any railroad property and affecting any railroad bridge or trestle, tracks; roadbeds, tunnel, under- pass or crossing; or b. That pertains to the loan, lease or rental of an "auto" to you or any of your employees, if the "auto" is loaned, leased or rented with a driver, or c. That holds a person or organization en- gaged in the business of transporting prop- erty by "auto" for hire harmless for your use of a covered "auto" over a route or territory that person or organization is authorized to serve by public authority. G. "loss" means direct and accidental loss or dam- age. H. "Mobile equipment" means any of the following types of land vehicles, including any attached ma- chinery or equipment: 1. Bulldozers, farm machinery, forklifts and other vehicles designed for use principally off public roads; 2. Vehicles maintained for use solely on or next to premises you own or rent; 3. Vehicles that travel on crawler treads; 4. Vehicles, whether self-propelled or not, main- tained primarily to provide mobility to perma- nently mounted: a. Power cranes, shovels, loaders; diggers or drills; or b. Road construction or resurfacing equipment such as graders, scrapers or rollers; 5. Vehicles not described in paragraphs 1., 2., 3., or 4, above that are not self-propelled and are maintained primarily to provide mobility to permanently attached equipment of the follow- ing types: a. Air compressors, pumps and generators, including spraying, welding, building cleaning, geophysical exploration, lighting and well servicing equipment; or b. Cherry pickers and similar devices used to raise or lower workers. 6. Vehicles not described in paragraphs 1., 2., 3., or 4. above maintained primarily for purposes other than the transportation of persons or cargo. However, self-propelled vehicles with the following types of permanently attached equipment are not "mobile equipment" but will be considered "autos": a. Equipment designed primarily for. (1) Snow removal; (2) Road maintenance, but not construction or resurfacing; or (3) Street cleaning; b. Cherry pickers and similar devices mounted on automobile or truck chassis and used to raise or lower workers; and c. Air compressors, pumps and generators, including spraying, welding, building cleaning, geophysical exploration, lighting or well servicing equipment 1. "Pollutants" means any solid, liquid, gaseous or thermal irritant or contaminant, including smoke, vapor, soot, fumes, acids, alkalis, chemicals and waste. Waste includes materials to be recycled, reconditioned or reclaimed. J. "Private passenger type" means a private passen- ger or station wagon type "auto' and includes an "auto" of the pickup or van type if not used for business purposes. K. "Property damage" means damage to or loss of use of tangible property. 0057 Page 12 of 13 Copyright, Insurance Services Office, Inc., 1993 CA 00 12 12 93 0 II , L. "Suit" means a civil proceeding in which: 1. Damages because of "bodity injury" or "property damage"; or 2. A "covered pollution cost or expense", to which this insurance applies, are alleged. "Suit" includes: a. An arbitration proceeding in which such damages or "covered pollution costs or ex- penses" are claimed and to which the "insured" must submit or does submit with our consent; or b. Any other alternative dispute resolution proceeding in which such damages or "covered pollution costs or expenses" are claimed and to which the "insured" submits with our consent M. 'Trailer" includes semitrailer or a dollie used to convert a semitrailer into a trailer. But for Trailer Interchange Coverage only, "trailer" also includes a container. N. "Trucker" means any person or organization en- gaged in the business of transporting property by auto" for hire. 0058 CA 0012 12 93 Copyright, Insurance Services Office, Inc„ 1993 Page 13 of 13 13 ,1 I COMMERCIAL AUTO CA 01 80 09 97 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY PENNSYLVANIA CHANGES This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. A. Changes In Liability Coverage 2. The following is added to the General Con- t. The following is added to Supplementary ditions Section: Payments: CONSTITUTIONALITY CLAUSE Prejudgment interest awarded against the "insured" on the part of the judgment we pay. Any prejudgment interest awarded against the "insured" is subject to the applicable Pennsylvania Rules of Civil Procedure. B. Changes In Conditions 1. The following is added to the Loss Condi- tions Section: Paragraph A.2.b.(5) of the Duties In The Event Of An Accident, Claim, Suit Or Loss Condition Is replaced by the following: After we show good cause, submit to exami- nation at our expense, by physicians of our choice. The following is added to the Transfer Of Rights Of Recovery Against Others To Us Condition: if we make any payment due to an "accident" and the "insured" recovers from another party in a separate claim or "suit", the insured shall hold the proceeds in trust for us and pay us back the amount we have paid less reason- able attorneys' fees, costs and expenses in- curred by the "insured" to the extent such payment duplicates any amount we have paid under this coverage. The premium for, and the coverages of, this Coverage Form have been established in re- liance upon the provisions of the Pennsylva- nia Motor Vehicle Financial Responsibility Law. In the event a court, from which there is no appeal, declares or enters a judgment, the effect of which is to render the provisions of such statute invalid or unenforceable in whole or in part, we shall have the right to recom- pute the premium payable for the Coverage Form and void or amend the provisions of the Coverage Form, subject to the approval of the Insurance Commissioner. 0059 CA 01 80 09 97 Copyright, insurance Services Office, Inc., 107 Page 1 of 1 0 INTERLINE IL 00 21 04 98 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NUCLEAR ENERGY LIABILITY EXCLUSION ENDORSEMENT (Broad Form) This endorsement modifies insurance provided under the following: BUSINESSOWNERS POLICY COMMERCIAL AUTO COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART EMPLOYMENT-RELATED PRACTICES LIABILITY COVERAGE PART FARM COVERAGE PART LIQUOR LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART PROFESSIONAL LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART SPECIAL PROTECTIVE AND HIGHWAY LIABILITY POLICY NEW YORK DEPARTMENT OF TRANSPORTATION UNDERGROUND STORAGE TANK POLICY 1. The insurance does not apply: A. Under any Liability Coverage, to "bodily injury" or "property damage": (1) With respect to which an "insured" under the policy is also an insured under a nu- clear energy liability policy issued by Nu- dear Energy Liability Insurance Associa- tion, Mutual Atomic Energy Liability Underwriters, Nuclear Insurance Associa- tion of Canada or any of their successors, or would be an insured under any such policy but for its termination upon exhaus- tion of its limit of liability; or (2) Resulting from the "hazardous properties" of "nuclear material" and with respect to which (a) any person or organization is re- quired to maintain financial protection pur- suant to the Atomic Energy Act of 1954, or any law amendatory thereof, or (b) the "insured" is, or had this policy not been is- stied would be, entitled to indemnity from the United 'States of America, or any agency thereof, under any agreement en- tered into by the United States of America, or any agency thereof, with any person or organization. B. Under any Medical Payments coverage, to expenses incurred with respect to "bodily in- jury" resulting from the "hazardous properties" of "nuclear material" and arising out of,the op- eration of a "nuclear facility" by any person or organization. C. Under any Liability Coverage, to "bodily injury" or "property damage" resulting from "hazardous properties" of "nuclear material", if., (1) The "nuclear material" (a) is at any "nuclear facility" owned by, or operated by or on be- half of, an "insured" or (b) has been dis- charged or dispersed therefrom; (2) The "nuclear material" is contained in "spent fuel" or "haste" at any time pos- sessed, handled, used, processed, stored, transported or disposed of, by or on behalf of an "insured"; or (3) The "bodily injury" or "property damage' arises out of the furnishing by an "insured" of services, materials, parts or equipment in connection with the planning, construc- bon, maintenance, operation or use of any "nuclear facility", but if such facility is lo- cated within the United States of America, its territories or possessions or Canada, this exclusion (3) applies only to "property damage" to such "nuclear facility" and any property thereat. 2. As used in this endorsement: "Hazardous properties" includes radioactive, toxic or explosive properties. "Nuclear material" means "source material", "Special nuclear material" or "by-product mate- rial": 0060 IL 00 21 04 98 Copyright, Insurance Services Office, Inc., 1997 Page 1 of 2 0 "Source material", "special nuclear material", and "by-product material" have the meanings given them in the Atomic Energy Act of 1954 or in any law amendatory thereof. "Spent fuel" means any fuel element or fuel com- ponent, sorid or liquid, which has been used or exposed to radiation in a "nuclear reactor". "Waste" means any waste material (a) containing "by-product material" other than the tailings or wastes produced by the extraction or concentra- tion of uranium or thorium from any ore processed primarily for its "source material" content, and (b) resulting from the operation by arty person or or- ganization of any "nuclear facility included under the first two paragraphs of the definition of "nuclear facility. "Nuclear facility" means: (a) Any "nuclear reactor; (b) Any equipment or device designed or used for (1) separating the isotopes of uranium or plutonium, (2) processing or utilizing "spent fuel", or (3) handling, processing or packaging "waste"; (c) Any equipment or device used for ft processing, fabricating or alloying of "special nuclear materiar 9 at any time the total amount of such material in the custody of the "insured" at the premises where such equipment or device is located consists of or contains more than 25 grams of pluto- nium or uranium 233 or any combination thereof, or more than 250 grams of ura- nium 235; (d) Any structure, basin, excavation, premises or place prepared or used for the storage or disposal of "waste"; and includes the site on which any of the forego- -ing is located, all operations conducted on such site and an premises used for such operations. "Nuclear reactor means any apparatus designed or used to sustain nuclear fission ip a self- supporting chain reaction or to contain a critical mass of fissionable material. "Property damage" includes all forms of radioac- tive contamination of property. Page 2 of 2 Copyright, Insurance Services Office, inc., 1997 0061 IL 00 21 04 98 D IL 09101HO 291` (ED. 01 81) PENNSYLVANIA NOTICE An Insurance Company, its agents, employees, or service contractors acting on its behalf, may provide services to reduce the likelihood of injury, death or loss. These services may include any of the following or related serv- ices incident to the application for, issuance, renewal or continuation of, a policy of insurance: 1. surveys; 2. consultation or advice; or 3. inspections. The "Insurance Consultation Services Exemption Act" of Pennsylvania provides that the Insurance Company, its agents, employees or service contractors acting on its behalf, is not liable for damages from injury, death or loss occurring as a result of any act or omission by any person in the fumsihing of or the failure to furnish these serv- ices. The Act does not apply: 1. if the injury, death or loss occurred during the actual performance of the services and was caused by the negligence of the Insurance Company, its agents, employees or service contractors; 2. to consultation services required to be performed under a written service contract not related to a policy of insurance; or 3. if any acts or omissions of the insurance Company, its agents, employees or service contractors are judicially determined to consititute a crime, actual malice, or gross negligence. Instruction to Policy Writers Attach the Pennsylvania Notice to all new and renewal certificates insuring risks located in Pennsylvania 0062 IL 09 1WHO 291 Copyright, Insurance Services Office, Inc., 1981 Page 1 of 1 RE: Land o' Lakes v. Clouse Trucking Page 1 of 1 James Haley To: George N. Stewart; Meghan F. Wise Subject: RE: Land o' Lakes v. Clouse Trucking 11110104: REQUEST SENT TO OUR UNDERWRITING DEPT. TO PROVIDE ME WITH A CERTIFIED COPY OF THE POLICY. UPON RECEIPT, 1 SHALL FORWARD IT TO YOUR OFFICE. Pilgrim Turkey Shoot -----Original Message---- From: George N. Stewart [mailto:stewart@zkiaw.com] Sent: Tuesday, November 09, 2004 6:34 PM To: Meghan F. Wise; James.Haley@rwcwarranty.com Subject: RE: Land o' Lakes v. Clouse Trucking Importance: Low Meghan,l received amended complaint from jim today and left copy on your desk. george From. Meghan F. Wise Sent: Monday, November 08, 2004 4:05 PM To: James Haley (]ames.Haley@rwcwarranty.com) Cc: George N. Stewart Subject: Land o' Lakes v. Clouse Trucking Hello, Jim. I am George Stewart's partner and am working on the coverage opinion that you have requested in the above-referenced matter. I will need to get a certified copy of the complete policy, as well as a copy of the amended complaint, in order to do the coverage analysis. The materials forwarded to ZK Inlcuded a declarations page and some endorsements, but not the main part of the policy. Also, we have the original complaint, but not the amended one. Please forward these materials to me at Zimmer Kunz, 3300 U.S. Steel Tower, Pittsburgh, PA 15218. Thank you. H4" F. Wo, &I, o, 0063 11110/2004 [,and o' Lakes v. Clouse Trucking James Haley Page 1 of 1 From: Meghan F. Wise (wise@zklaw.com) Sent: Monday, November 08, 20044:05 PM To: James.Haley@rwcwarranty.com Cc: George N. Stewart Subject: Land o' Lakes v. Clouse Trucking Hello, Jim. I am George Stewart's partner and am working on the coverage opinion that you have requested in the above-referenced matter. I will need to get a certified copy of the complete policy, as well as a copy of the amended complaint, in order to ao the coverage analysis. The materials forwarded to ZK inlcuded a declarations page and some endorsements, but not the main part of the policy. Also, we have the original complaint, but not the amended one. Please forward these materials to me at Zimmer Kunz, 3300 U.S. Steel Tower, Pittsburgh, PA 15219. Thank you. Hq" F. W.g, &,. 0064 11110/2004 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CTVII. ACTION- LAW LAND O'LAKES, INC., and DAIRY MARKETING SERVICES, LLC, Plaintiffs v, CLOUSE TRUCKING, INC., CLOVERLAND DAIRY LIMITED PARTNERSHIP, a Maryland Limited Partnership, L EDWARD CLOUSE and DANIEL FOX, Defendants No: 03-2782 Civil Term NOTICE YOU HAVE BEEN SUED IN COURT, IF YOU WISH TO DEFEND AGAINST THE CLAIMS SET FORTH IN THE FOLLOWING PAGES, YOU MUST TAKE ACTION WITHIN TWENTY (20) DAYS AFTER THIS COMPLAINT AND NOTICE ARE SERVED, BY ENTERING A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILING IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. YOU ARE WARTED 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 IF YOU CANNO'T' 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 2 LIBERTY AVENUE CARLISLE, PA 17013 PHONE: (800) 990-9108 FOR PLAINTIFF I.D. # 32235 W A W nmcCtaerrMo1%iowo\o0M3%,D0C 9z0/Zoom EXHIBIT B ., a AVSQf Wd TZ:CT fi00Z/90/TT f - + i a IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW LAND O'LAKES, INC., and DAIRY MARKETING SERVICES, LLC, Plaintiffs V. CLOUSE TRUCKING, INC,, CLOVERLAND DAIRY LIMITED PARTNERSHIP, a Maryland Limited Partnership, J. EDWARD CLOUSE and DANIEL FOX, Defendants No: 03-2782 Civil Tenn AMENDED COMPLAINT COMES NOW, the Plaintiffs above captioned, by and through their counsel, Gross, McGinley, LaBarre & Eaton, LLP, and state their Complaint based upon the following causes of action: 1. The Plaintiff', Land O'Lakes, Inc. (hereinafter "LOL'7, is a Minnesota agricultural cooperative corporation authorized to conduct business within the Commonwealth of Pennsylvania, with a business address of 405 Park Drive, Carlisle, Cumberland County, Pennsylvania. 2. The Plaintiff, Dairy Marketing Services, LLC (hereinafter "VMS"), is a limited liability company doing business in Pennsylvania with offices at P.O. Box 4814, Syracuse, New York 13221-4844. 3. . The Defendant, Clouse Trucking, Inc. (hereinafter "Clouse Trucking'), is a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with sZ0/room ANSar sv3 ZZ=EI voOZ/SO/II w ? ? p r , U Inpnl .. L its principal place of business located at 2075 Ritner Highway, Carlisle, Cumberland County, Pennsylvania. 4. . The Defendant, Cloverland Dairy Limited Partnership (hereinafter "Cloverland'), is a Maryland corporation authorized to do business in the Commonwealth of Pennsylvania, with its principal place of business located at 2701 Loch Raven Road, Baltimore, Maryland 21218. 5. The Defendant, J. Edward Clouse (hereinafter "Clouse'; is an adult individual who at all times relevant to the within cause of action was the Chief Executive Officer, and an authorized employee of Clouse Trucking, Inc., with an address of 2075 Ritner Highway, Carlisle, Pennsylvania 17013, and who was acting within the scope of his employment. 6. The Defendant, Daniel Fox (hereinafter "Fox"), is an adult individual who at all times relevant to the within cause of action was an authorized employee of Cloverland with an address of 122 Schoeneck Road, Ephrata, Lancaster County, Pennsylvania, and who was acting within the scope of his employment. 7. At all times relevant to the within cause of action, LOL operated a dairy processing plant at Mt. Holly Spring, Cumberland County, Pennsylvania (hereinafter the "Holly Plant"), at which it received tank truck loads of raw milk for processing into dairy products for human consumption. 8. Joel Martin (hereinafter "Martin') is a dairy farmer, commonly referred to as a producer, who, at all times relevant to the within cause of action, had a contract to sell all of his milk production to Cloverland. 9. At all times relevant to the within cause of action, Cloverland was a fluid milk dairy processor, commonly known as a "handler", who engaged Clouse Trucking to pick up raw 9Z0/V00 in 2 ATSar Xvd ZZ:£T VOOVS0/1T I % 1 I r L A milk from certain producers, including Martin, and to deliver the raw milk to its own or other. dairy plants. 10. At all times relevant to the within cause of actions, DMS marketed milk of producers, including certain producers located in Pennsylvania ("DMS Producers"), and engaged Clouse Trucking to pick up raw milk from producers and deliver the raw milk to dairy plants. 11. All Defendants knew or should have known that for a period of time immediately prior to August 6, 2001, Martin had halted milk shipments because of the presence of antibiotics in Martin's raw milk. 12. On or about August 6, 2001, L. E. Speidel (hereinafter "Speidel'), an employee of Clouse Trucking, operating a tank truck owned by Clouse Trucking, on behalf of Cloverland picked up a load of raw milk from the farm tank of Martin (hereinafter the "Cloverland Milk'). Prior to loading such raw milk onto the rear compartment of the tank truck, Speidel took a raw milk sample, commonly referred to as a producer sample, from the Martin farm tank. 13. Thereafter, in the same tank truck and on behalf of DMS, Speidel picked up more milk from the farm tanks of the DMS Producers (hereinafter "DMS Milk") and also took producer samples from such DMS Producers' farm tanks and loaded the DMS Milk into the rear compartment of the tank truck. 14. Speidel prepared and signed a Cloverland form, delivery receipt specifying the amount of milk received from Martin and prepared and signed a DMS form delivery receipt specifying the aniount of milk picked up from each DMS producer, to be delivered with the milk to the dairy plant receiving the milk. 3 II - %Vd ZZ:£T fi00Z/50/TT 9ZO/sooln Avsar f 15. Clouse Trucking delivered the Cloverland Milk and DMS Milk to the Lehigh Valley Dairy (hereinafter "LVD') processing plant in Schuylldll Haven, Schuylkill County, Pennsylvania and presented the delivery receipts. 16. Milk received at dairy plants in Pennsylvania must be tested in accordance with procedures set forth in the "Grade A Pasteurized Milk Ordinance" published by the United States Department of Health and Human Services, Public Health Service, Food and Drug Administration (WO"), in particular as set forth in Appendix 'W' of the PMO (hereinafter Appendix' N"), for the presence of antibiotics above acceptable levels. 17. The antibiotics testing required by the PMO may be done in two steps: a) A presumptive test is initially performed by an industry analyst certified to conduct such test. If such test indicates a negative result (acceptable levels of or no antibiotics), the milk may be received for processing into dairy products for human consumption; b) If the presumptive test is positive (unacceptable levels of antibiotics), then a more sensitive "confirmatory" test is conducted by a laboratory certified to perform such a confirmatory test. If such confirmatory test indicates a negative result, the milk may be received and processed into a dairy product for human consumption. 18. If both a presumptive and confirmatory test show a positive result, the milk cannot be used for human consumption, regardless of further testing, and must be rejected by the dairy plant. 19. LIM employs individuals certified to perform presumptive tests for antibiotics and operates a laboratory at Schuylkill Haven, Pennsylvania (hereinafter "LVD Lab") certified to conduct confirmatory tests for antibiotics. 4 9Z0/900n AVSQf YM ZZ:£r 6002/50/Ii II :l 0 20. An LVD employee performed a presumptive test on a sample of the co-mingled DMS and Cloverland milk from the rear compartment of the Clouse tank truck. The presumptive test showed a positive result. 21. The LVD Lab then performed a confirmatory test on a sample of the co-mingled DMS and Cloverland milk from the rear compartment of the Clouse tank truck. The confirmatory test also showed a positive result. 22. In accordance with the PMO, all the milk from the rear compartment of the Clouse tank truck, the Cloverland Mille and the DMS Milk, was rejected by LVD as not fit to be used for dairy products for human consumption (hereinafter the "Condemned Milk"). 23. LVD Lab then tested each individual producer sample of the producers whose milk was contained in the rear compartment, and the Martin producer sample was determined to be the source of the antibiotic residue. 24. LVD Lab personnel placed metal seals on both openings to the compartment of the tank truck which contained the Condemned Milk. 25. LVD Lab personnel placed a tag on the tank truck which stated: "REJECTED REAR COMP POSITIVE ANTIBIOTICS. TUSCANILEHIGH DAIRIES SCHUYLKILL HAVEN, PA, AUGUST 6,2001." 26. LVD Lab personnel advised the Clouse driver that the Condemned Milk was condemned and must be dumped. 27. LVD Lab personnel wrote on the delivery receipt for the Cloverland Milk: "Rear Compartment Rejected due to Antibiotics. Front Compartment Received." 28. LVD Lab personnel retained the producer samples of the Condemned Milk. 5 9ZO/LOO 1E 61$sQr %vd ZZ:£T 60oZ/50/11 29, LVD Lab personnel forwarded reports of the presumptive and confirmatory tests of the Condemned Milk to the Pennsylvania Department of Agriculture, Division of Milk Sanitation. 30. LVD Lab personnel notified DMS by telephone of the rejected load and identified the source of the antibiotic residue as a Cloverland producer. 31. Dairy industry custom and practice common -throughout Pennsylvania and Maryland is that the Dairy handier of a producer whose milk causes a co-mingled load to be rejected is responsible for the disposition of the Condemned Milk. Accordingly, Cloverland, as the handler purchasing the milk of Martin, was responsible for disposition of the Condemned Milk. 32. DMS called Clouse Trucking and advised Clouse Trucking to contact Cloverland to arrange for the disposition of the Condemned Milk. 33. The Clouse truck with the Condemned Milk returned to a Clouse Trucking facility. 34. At all times relevant to the within cause of action, Clouse was familiar with the requirements of the PMO, including the provisions of Appendix 'W, and Clouse was further aware that the LOL Holly Plant processed raw milk for dairy products to be used for human consumption. 35. At all times relevant to the within cause of action, Fox was familiar with the requirements of the PMO, including the provisions of Appendix 'W', and Fox was further aware that the LOL Holly Plant, processed raw milk for dairy products to be used for human consumption. 9Z0/800?J b.. AMU Iva ZZ:fT 600Z/50/TT 36. Fox and/or Clouse created a new delivery receipt for the Cloverland Mills which did not contain the language that LVD placed on the original Cloverland delivery receipt indicating that the milk was rejected because of antibiotics, and Fox and/or Clouse forged the signature of Speidel who had picked up the milk from Martin (hereinafter "Fictitious Cloverland Receipt"). 37. Fox and/or Clouse also created a new delivery receipt for the DMS Milk which had been commingled with the contaminated Cloverland Milk, which new receipt did not disclose that both the front and rear tank compartments had been filled with producer milk as had been indicated on the original delivery receipt and Fox and/or Clouse forged the signature of Speidel who had picked up the DMS Milk from producers (hereinafter "Fictitious DMS Receipt). 38. Ai some time, Clouse and Fox removed the LVD seal on the lid of the rear compartment of the tank truck and removed the antibiotics tag placed there by LVD. 39. LOL employs individuals certified to perform presumptive tests for antibiotics and operates a laboratory (hereinafter "LOL Lab") which is certified to conduct confirmatory tests. 40. Later on August 6, 2001, a representative of Clouse Trucking contacted LOL and requested the LOL Lab to test two producer samples for antibiotics. 41. Later on August 6, 2001, Fox delivered to the LOL Lab raw milk identified as producer samples number 1002 Martin. Both samples tested negative 42. Later on August 6, 2001, a load of raw milk to the Holly Plant. from Dan Martin and number 1012 fiom Joel contacted LOL and requested approval to deliver Clouse further represented that the producer samples . 7 9Z0/600?1 misar IVA £Z:£T tOOZ/90/TT If l which were brought to LOL by Fox earlier in the evening represented the same raw milk on the truck. 43. Despite knowledge that under the PMO the Condemned Milk could not be used for human consumption, Fox and/or Clouse without any authorization from DMS, directed that the Condemned Milk be delivered to the LOL Holly Plant. 44. Clouse and/or Fox directed the driver of the truck delivering the Condemned Milk to present the Fictitious Cloverland and DMS Receipts to LOL. 45. At approximately 11:30 p.m. on August 6, 2001, the Clouse Trucking tank truck driven by a Clouse Trucking employee with 29,506 pounds of the Condemned Milk was received at the LOL Holly Plant, and the Fictitious Cloverland and DMS Receipts which had been manufactured by Clouse, Fox, Cloverland and/or Clouse Trucking were provided to LOL. 46. The LOL Lab frequently receives sealed tank truck loads for confirmatory testing which had previously tested positive for antibiotics in a presumptive test conducted by an industry analyst at a plant not certified to do the confirmatory tests. 47. LOL Lab personnel specifically asked Clouse if there was any reason not to take the milk, and he responded that there was not. 48. The LOL Lab performed a confirmatory test on the milk which showed a negative result. 49.. At no time did Fox, Clouse or any representative of Clouse Trucking or Cloverland advise LOL that the Condemned Milk had previously failed a confirmatory antibiotics test. 8 9Z O/OTOCa] Avsar %vd EZ:EI 6002/90/IT 50. Based upon the statements of Clouse and Fox as aforementioned, the Fictitious Cloverland Receipt and the Fictitious DMS Receipt, and the testing which was performed, LOL received 29,506 pounds of Condemned Milk from the Clouse Trucking truck. 51. The 29,506 pounds of Condemned Milk from the Clouse Trucking tank truck was pumped into a LOL raw milk storage silo and commingled with 454,854 pounds of milk from other producers. 52. The delivery of the Condemned Milk by Cloverland and/or Clouse Trucking constituted a sale of the Condemned Milk by Cloverland to LOL. 51 On August 7, 2001, the Pennsylvania Department of Agriculture notified LOL that the milk in the Clouse Trucking tank truck, the Condemned Milk, which had been received by LOL the previous day, had previously failed both a presumptive and confirmatory antibiotics test and could not be used for dairy products for human consumption, and further advised that any raw milk with which the Condemned Milk had been commingled could not be used for human consumption. 54. LOL was required to destroy the 484,360 pounds of milk in the raw milk storage silo into which the Condemned Milk had been pumped, or to dispose of it for uses other than human consumption. 55. As a result of the aforementioned circumstances, LOL suffered a loss of $100,898. 56. As a result of the aforementioned circumstances, DMS suffered a loss of $4,756. 57. LOL incorporates herein by reference Paragraphs 1 through 56 of its Complaint as if the same were set forth at length herein. 9 etasar gva sz eT vooz/9o/TT 9Z0/TT01ESj > s % c 58. The raw mills, which is the subject of the within cause of action, the Condemned Milk, was delivered to LOL by Clouse on behalf of Cloverland. 59. The Condemned Milk was delivered to LOL for the purpose of offering the Condemned Milk for sale by Cloverland to LOL. 60. LOL, believing based on the aforesaid statements and/or actions of Cloverland, by and through its authorized officers, agents, employees, servants, or representatives, that the raw milk was suitable for human consumption, received and accepted the raw milk. 61. A material term of this oral or implied agreement was that the raw milk delivered by Cloverland would not be prohibited by the PMO from use in products for human consumption. 62. At the time that the aforementioned agreement was entered into, Cloverland knew, should have known, or it was within the contemplation of Cloverland that the aforesaid raw milk would be used for human consumption. 63. At the time that the aforementioned agreement was entered into, Cloverland knew, should have known, or it was within the contemplation of Cloverland, that the aforesaid raw milk would be co-mingled with other raw milk of LOL. 64. At the time that the aforementioned agreement was entered into it was within the contemplation of the parties that if any milk prohibited from use in products for human consumption was provided by Cloverland and was subsequently co-mingled with other raw milk of LOL, LOL would suffer damages in that the entire tank of such co-mingled milk would not be suitable for human consumption and would need to be destroyed. 9Z0/ZIDM 10 Aivsar %Vd rZ:BT 400Z/50/TT 1 r. 65. Cloverland breached the agreement with LOL in that it delivered to LOL raw milk which it knew or should have known was prohibited from use in products for human consumption because it had failed a presumptive test and a confirmatory test for antibiotics. 66. As a result of the breach of the contract by Cloverland as aforementioned, LOL suffered damages in the amount of $100,898 because the entire raw milk storage silo was prohibited from use in products for human consumption. WHEREFORE, Plaintiff respectfully requests this Honorable Court enter judgment in its favor in the amount of $100,898, together with interest and the costs of the within proceeding. COUNT 11 PENNSYLVANIA UNIFORM COMMERCIAL CODE 67. LOL incorporates herein by reference Paragraphs 1 through 66 of its Complaint as if the same were set forth at length herein. 68. The sale of raw milk from Cloverland to LOL constitutes a sale of good under the Pennsylvania Uniform Commercial Code. 69. LOL received and accepted the raw milk from Cloverland on the conduct and/or assurance from Cloverland that such raw milk was not prohibited from use in products for human consumption. 70. After having received the raw milk, LOL was advised by the Pennsylvania Department of Agriculture that the raw milk was prohibited from use in products for human consumption. 71. As a result of the breach of the sale of goods by Cloverland, LOL suffered damages as aforementioned I1 u 9Z0/£ToIt AYsar Bd3 £Z £T VOOZ/50/TT WHEREFORE, Plaintiff respectfully requests this Honorable Court enter judgment in its favor in the amount of $100,898, together with interest and the costs of the within proceeding. COUNT III 72. LOL incorporates herein by reference Paragraphs 1 through 71 of its Compliant as if the same were set forth at length herein 73. Under the Uniform Commercial Code, every contract imposes an obligation of good faith in its performance. 13 Pa. C.S.A. §1203. 74. Cloverland breached such duty of good faith by delivering raw milk that it knew or should have know was prohibited for use in products for human consumption. 75. As a result of the violation of the implied duty of good faith, LOL suffered damages as aforementioned. WHEREFORE, Plaintiff respectfully requests this Honorable Court enter judgment in its favor in the amount of $100,898, together with interest and the costs of the within proceeding. COUNT IV 76. LOL incorporates herein by reference Paragraphs I through 75 of its Complaint as if the same were set forth at length herein. 77. At all times relevant to the within cause of action, Cloverland was a merchant because it deals m raw milk or milk products, and held itself out as having knowledge or skill particular. to the processing of milk, including, but not limited to, rnilk suitable for human consumption. 9Z4/fiT91? 12 AVSOl %Vd EVET V009/50/TT ? S 78. The raw milk provided by Cloverland was not merchantable because it is not of fair average quality within the description, as the raw milk was not, as so described, fit for human consumption given that it had failed a confirmatory and presumptive test for antibiotics. 79. The raw milk provided by Cloverland was not merchantable or fit for the ordinary purpose for which it was to be used in that it was prohibited from use in products for human consumption because it had failed a confirmatory test and presumptive test for antibiotics. - 80. Cloverland, within a reasonable time after LOL discovered the breach, had been notified that the raw milk was not suitable for human consumption. 81. As a result of the breach by Cloverland _ of the implied warranty of merchantability, LOL suffered the damages as aforementioned. WHEREFORE, Plaintiff respectfully requests this Honorable Court enter judgment in its favor in the amount of $100,898, together with interest and the costs of the within proceeding. COUNT V LAND O' LAKES, INC. v. CLOVERLAND DAIRY LIMITED PARTNERSHIP 82. LOL incorporates herein by reference Paragraphs 1 through 81 of its Complaint as if the same were set forth at length herein. 83. At all times relevant to the within cause of action, Cloverland was a merchant because it deals in raw milk or milk products, and held itself out as having knowledge or skill particular to the processing of milk, including, but not limited to, milk Imitable for human consumption. 13 szoieto in m+asar %vd 6z:¢T 5oozisoiil I I? I i 84. At all times relevant to the within cause of action, Cloverland knew or had reason to know, at the time of contracting, that the raw milk was required for a particular purpose; namely, human consumption. 85. 'rho raw milk provided by Cloverland to LOL was not fit for its particular purpose because it had failed a confirmatory test and presumptive test for antibiotics. 86. Cloverland, within a reasonable time after LOL discovered the breach, was notified that the raw milk was not suitable for human consumption. WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter judgment in its favor in the amount of $100,898, together with interest and the costs of the within proceeding. COUNT VI FRAUDULENT MISREPRESENTATION 87. LOL incorporates herein by reference paragraphs 1 tbrough 86 of its Complaint as if the same were set forth at length herein. 88. At all times relative to the within cause of action, the Defendants know that their. representations were material to LOL's decision to accept the raw milk as LOL would not have accepted the raw milk if it was not suitable for human consumption. 89. At all times relevant to the within cause of action, Clouse and Fox were acting both. in their. individual capacity and on behalf of their employers, as authorized agents, and within the scope of their employment. 90. At the times the representations as aforementioned were made by Clouse and Fox, they were false, and were made with actual knowledge that the raw milk was not, as represented, 14 11 9Z0/9TOM AVSQf %Vd 6Z:£T 6002/90/TT suitable for human consumption, or recklessness as to whether or not the representations were true. 91. The aforementioned representations were made by the Defendants with the intent of misleading LOL into relying upon such representations so that it would accept the raw mills. 92. In justifiable reliance upon the statements made by the Defendants, LOL accepted delivery of the Condemned Mille. 93. The Defendants conduct was outrageous in that Defendants each had actual knowledge that the Condemned Milk was prohibited from use in products for human consumption or acted with reckless indifference of that knowledge and caused the Condemned Milk to be delivered to LOL in conscious disregard or indifference to the risk the Condemned Milk would present by itself or when commingled with other raw milk intended for use in products for human consumption. 94. As a result of LOL's, reliance upon the representations of the Defendants as aforementioned, LOL was caused damage in the amount of $100,898. 95. LOL's resulting injury was proximately caused by its reliance upon the representations made by the Defendants. WHEREFORE, LOL respectfully requests this Honorable Court enter judgment in its favor in the amount of $100,898, together with punitive damages, interests and the costs of the within proceeding. 15 n 9ZO/LTOO M'BSOr M VZ:BT VOOZ/50/TT > J. 1 L 96. LOL incorporates herein by reference Paragraphs 1 through 95 of its Complaint as if the same were set forth at length herein. 97. At all times relevant hereto, Clouse Trucking knew or should have known that its authorized agents, servants, or employees, including, but not limited to Clouse, were likely to commit the acts of fraud set forth above in Count VI. 98. At all times relevant hereto, Cloverland knew or should have known that its authorized agents, servants, or employees, including, but not limited to Fox, were likely to commit the acts of fraud set forth above in Count VI. 99. At all times relevant hereto, Clouse Trucking's authorized agents, servants, or employees, including, but not limited to Clouse, were acting within the scope of their employment. 100, At all times relevant hereto, Cloverland's authorized agents, servants, or employees, including, but not limited to Fox, were acting within the scope of their employment. 101. As a direct and proximate result of the fraud of Clouse Trucking's authorized agents, servants, or employees, including, but not limited to Clouse, Clouse Trucking is vicariously liable for the damages sustained by LOL as set forth above in Count VI above. 102. As a direct and proximate result of the fraud of Cloverland's authorized agents, servants, or employees, including, but not limited to Fox, Cloverland is vicariously liable for the damages sustained by LOL as set forth above in Count VI. 16 u M89Qr %Vd 69:9T VOOZ/5o/TT 990/R TO ? WHEREFORE, LOL respectfully requests that this Honorable Court enter judgment in its favor in the amount of $100,898, together with punitive damages, interest and the costs of the within proceeding. COUNT WY 103. LOL incorporates herein by reference Paragraphs 1 through 102 of its Complaint as if the same were set forth at length herein. 104. The Defendants owed a duty to LOL to supply milk not prohibited from use in products for human consumption. 105. The Defendants breached the duty by supplying raw milk to LOL when they had actual knowledge, or had reason to know, that such raw milk was prohibited from use in products for human consumption. 106. The representations of the Defendants as aforementioned were made with the intent that LOL would rely upon such representations. 107. The Defendants failed to exercise reasonable care or competence in communicating to LOL the fitness of the raw milk for human consumption. 108. LOL did justifiably rely upon the representations of the Defendants to its detriment. 109. The negligent misrepresentations made by the Defendants were the proximate cause of the damages suffered by LOL. 110. Asa result of the negligent misrepresentations of the Defendants, LOL was caused to suffer damages in the amount of $100,898. 17 9Z0/6TOit Mar %Vd tVET 400Z/50/TT WHEREFORE, Plaintiff respectfully requests this Honorable Court enter judgment in its favor in the amount of $100,898, together with punitive damages, interest and the costs of the within proceeding. 111. LOL incorporates herein by reference Paragraphs 1 through 110 of its Complaint as if the same were set forth at length herein. 112. At aU times relevant hereto, Clouse Trucking knew or should have known that its authorized agents, servants, or employees, including, but not limited to Clouse, were likely to commit the acts of negligent misrepresentation set forth above in Count VIII. 113. At all times relevant hereto, Cloverland knew or should have known that its authorized agents, servants, or employees, including, but not limited to Fox, were likely to commit the acts of negligent misrepresentation set forth above in Count VIII. 114. At all times relevant hereto, Clouse Trucking's authorized agents, servants or employees, including, but not limited to Clouse, were acting within the scope of their employment 115. At all times relevant hereto, Cloverland's authorized agents, servants or employees, including, but not limited to Fox, were acting within the scope of their employment. 116. Asa direct and proximate result of the negligence of Clouse Trucking's authorized agents, servants, or employees, including, but not limited to Clouse, Clouse Trucking is vicariously liable for the damages sustained by LOL as set forth above in Count VIII, 18 II szo/ozo @1 x,nsar %Vd 6z:CT 6o0Z/90/TT 117. As a direct and proximate result of the negligence of Cloverland's authorized agents, servants or employees, including, but not limited to Fox, Cloverland is vicariously liable for the damages sustained by LOL as set forth above in Count VIII WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter judgment in its favor in the amount of $100,898, together with punitive damages, interest and the costs of the within proceeding. AND CLOUSE TRUCKING, INC. 118. LOL incorporates herein by reference Paragraphs 1 through 117 of this Complaint as if the same were set forth at length herein. 119. Clouse Trucking and Cloverland knew that the Condemned Milk within the Clouse Trucking truck could not be used for dairy products for human consumption. 120. Clouse Trucking and Cloverland knew that LOL intended to use raw milk delivered by them to LOL for dairy products for human consumption 121. Clouse Trucking and Cloverland had a duty not to cause to be delivered to LOL raw milk that could not be used for human consumption. 122. Clouse Trucking and Cloverland had a duty to notify LOL that the Condemned Mille could not be used in dairy products for human consumption. 123. Clouse Trucking and Cloverland breached the aforesaid duties when they delivered to LOL the Condemned Milk that was not suitable to be used in dairy products for human consumption. 19 11 9Z0/1ZO(M Amsur %vd SZ:rT DOOZ/SO/TT 124. Clouse Trucking and Cloverland breached the aforesaid duty when they failed to notify LOL that the Condemned Milk could not be used in dairy products for human consumption. 125. As a direct and proximate result of Clouse Trucking and Cloverland delivering to LOL the Condemned Milk that can not be used in dairy products for human consumption, and/or failing to notify LOL that the Condemned Milk cannot be used as such, LOL commingled Condemned Milk from the Clouse Trucking truck with LOL raw milk, thus contaminating the LOL raw milk and causing LOL to suffer a loss of $100,898.00. WHEREFORE, LOL respectfully requests that this Honorable Court enter judgment in its favor in the amount of $100,898, together with interest and the costs of the within proceeding. COUNT XI LAW 126. DMS incorporates herein by reference Paragraphs 1 through 125 of this Complaint as if the same were set forth at length herein. 127. DMS and Clouse Trucking entered into an implied agreement, whereby Clouse Trucking agreed to pick up the DMS Milk and deliver it to dairy plants. 128. At the time Clouse Trucking picked up the DMS Milk at DMS, the DMS Milk was in a sanitary condition fit for use in dairy products for human consumption. 129. An additional term of the aforementioned implied agreement between DMS and Clouse Trucking was that Clouse Trucking, upon pick up of the DMS Milk, was required to deliver the DMS Milk to dairy plants in the same sanitary condition fit for use in dairy products for human consumption as it was at the time Clouse Trucking picked up the Milk at DMS. 20 990/zzolm AVSQf %V3 9Z:£T 6009/50/TT . e 117 _ , l t 130. Clouse Trucking materially breached the aforesaid implied agreement when it commingled the DMS Milk with the Cloverland Mille. 131. Clouse Trucking breached the aforesaid implied agreement by commingling the DMS Milk witb.the Cloverland Milk so as to cause the DMS Milk to be contaminated by the presence of antibiotics so that it was rendered unsanitary and, therefore, unfit for use in dairy products for human consumption. 132. As a direct and proximate result of the aforesaid commingling of the DMS Milk with the Cloverland Milk by Clouse Trucking, the DMS Milk was rendered unfit for human consumption and, as a result, DMS suffered damages in the amount of $4,756.00. WHERECORE, DMS respectfully requests that this Honorable Court enter judgment in its favor in the amount of $4,756.00 together with interest and the costs of this proceeding. COUNT %II NEGLIGENCE 131 DMS incorporates herein by referenced Paragraphs 1 through 132 of this Complaint as if the same were set forth at length. 134. Clouse Trucking and Cloverland had a duty not to contaminate the DMS Milk in a. manner that would cause the DMS Milk to be prohibited from being processed into dairy products for human consumption. 135.. Clouse Trucking and/or Cloverland negligently breached the aforesaid duty when the Cloverland Milk was commingled with the DMS Milk subsequent to Clouse Trucking picking up DMS Mille. ago/Cgorn 21 M'8S ar xvd SV CT 600Z/90/TT I 136, As a direct and proximate result of the commingling of the Cloverland Milk with the DMS Milk by Clouse Trucking and/or Cloverland, the DMS Milk became unsanitary and, therefore, unfit for use.in dairy products for human consumption. 137. Due to the aforesaid contamination, the DMS Milk was rejected by LVD as a result of antibiotic residue in the Cloverland Milk with which it was commingled. 138. As a direct and proximate cause of the aforesaid commingling and subsequent rejection, DMS suffered damages in that rejection caused it to lose the value of the DMS Milk in the amount of $4,756.00. WHEREFORE, DMS respectfully requests that this Honorable Court enter judgment m its favor in the amount of $4,756.00, together with interests and the costs of this proceeding. Respectfully Submitted, GROSS, McGINI,BYJLaBARRE & EATON, LLP BY: PATRI-qk ILLY, ESQUME Attorney or Plaintiff, Land O'Lakes, Inc. 33 South 7th Street PO Box 4060 Allentown, PA 18105-4060 (610) 820-5450 I.D. #32235 Date: 11I - WAWDOMM M al c1ouse\00043483MOC 22 szO/VZOIM M'BSar svd sz:et V00Z/50/TT N. I, VERIFICATION I, Patrick J. Reilly, Esquire, hereby state and verify that the Plaintiff, Land O'Lakes, Int.'s, Verification cannot be obtained within the time allowed for filing of* AMENDED COMPLAINT. Therefore, pursuant to Pa.R.C.P. 1024, I am authorized to make this Verification on behalf of the Plaintiff and the facts set forth in the foregoing Complaint are true and correct based upon my knowledge, belief and information provided to me by Plaintiff. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904, relating to unworn falsification to authorities. Patrick J. ", Esquire Attorney for Plaintiff, Land O'Lakes, Inc. Date: ! I 9c 0 W:\WWX\CUEMUol\cl xX0004191S.DOC 96/2ZOin Aiwa %va SZ:ST 6002/90/TT CERTIFICATE OF SERVICE This is to certify that the foregoing AMENDED COMPLAINT was mailed by first class United States mail, postage prepaid, and this' day of November, 2003, upon the following: John A. Statler, Esquire Goldberg, Katzman & Shipman, P.C. 320 Market Street PO Box 1268 Harrisburg, PA 17108-1268 Attorney for Clouse Trucking, Inc. and J. Edward Clouse Scott T. Wyland, Esquire Hawke, McKeon, Sniscak & Kennard LLP 100 North Tenth Street Harrisburg, PA 17101 Attorney for Cloverland Dairy Limited Partnership Mr. Daniel Fox 14 Meadowview Drive Ephrata, PA 17522 GROSS, McONI?EY, LaBARRE & EATON, LLP DATE: I Land O'Laku v. Clouse ".'rocking w:\WDOXCUSt Mol¢louseVMIg 17.DOC BY: ?1- PA . REILLY, ESQUIRE Attorne or Plaintiffs 33 South 7th Street P.O. Box 4060 Allentown, PA 18105-4060 (610) 820-5450 I.D. #32235 n 9Z0/9zoin M ar %d3 SZ ET 6002/SO/TT 1 N o ?- o T cre i T f t { ?, ca ? ?rn U? G? Vl G 0?? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA UNITED NATIONAL INSURANCE COMPANY Plaintiff CIVIL ACTION- LAW No. 05-3376 V. CLOUSE TRUCKING, INC. and J. EDWARD CLOUSE and LAND O' LAKES, INC. and DAIRY MARKETING SERVICES, LLC and ST. PAUL REINSURANCE COMPANY LTD. c/o LEBOUEF, LAMB, GREENE & McCRAE and CENTENNIAL INSURANCE COMPANY Defendants ACCEPTANCE OF SERVICE I accept service of the Declaratory Judgment Complaint on behalf of Land O'Lakes, Inc. and Dairy Marketing Services and certify that I am authorized to do so. PA Date: o 3 /v Y, ESQUIRE Land O'Lakes, Inc. and Dairy Marketing Services D 0 3 u F \FILES\DATAFILE\Genera1\Cu,cn1\3491.8. pralbvmn Created 9/2W04 0:06PM Revised 10/11/05 1149AM 3491 8 Y George B. Faller, Jr., Esquire MARTSON DEARDORFF WILLIAMS & OTTO I.D. No. 49813 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendants Clouse Trucking, Inc. and J. Edward Clouse UNITED NATIONAL INSURANCE COMPANY, Plaintiff, V. CLOUSE TRUCKING, INC., J. EDWARD CLOUSE, LAND O'LAKES, INC., DAIRY MARKETING SERVICES, LLC, ST. PAUL REINSURANCE COMPANY, LTD., and CENTENNIAL INSURANCE COMPANY, Defendants. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-3376 CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Enter the appearance of MARTSON DEARDORFF WILLIAMS & OTTO on behalf of Defendants Clouse Trucking, Inc. and J. Edward Clouse in the above matter. Defendants hereby demands a twelve jurorjury trial in the above captioned action. & OTTO By: I.D. No. 49813 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendants Dated: October 11, 2005 CERTIFICATE OF SERVICE I, Melissa A. Mowery, an authorized agent for Martson Deardorff Williams & Otto, hereby certify that a copy of the foregoing Praecipe was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Eric R. Brown, Esquire Marshall, Dennehey, Warner, Coleman & Goggin 1845 Walnut Street Philadelphia, PA 19103 Counsel for Plaintiff Patrick J. Reilly, Esquire Gross McGinley LaBarre & Eaton, LLP 33 S 7`h Street P.O. Box 4060 Allentown, PA 18105-4060 Counsel for Defendants Land O'Lakes, Inc. and Dairy Marketing Services, LLC St. Paul Reinsurance Company, Ltd. c/o Lebouef, Lamb, Greene & McCrae 520 Madison Avenue New York, NY 10022 Centennial Insurance Company 140 Broadway New York, NY 10005-1101 MARTSON DEARDORFF WILLIAMS & OTTO By: Melissa A. Mowery Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: October 11, 2005 Q rv ?' cr, ` WRIGHT & O'DONNELL, P.C. BY: Sheila E. O'Donnell BY: Ronald S. Collins, Jr. Identification Nos. 73323166906 15 East Ridge Pike, Suite 570 Conshohocken, PA 19428 (610) 940-4092 Attorneys for Defendant, St. Paul Reinsurance Company Limited IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION-LAW United National Insurance Company Plaintiff V. Clouse Trucking, Inc., J. Edward Clouse, Land O'Lakes, Inc., Dairy Marketing Services, LLC,: St. Paul Reinsurance Company Limited, and Centennial Insurance Company Defendants No. 05-3376 ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter our appearance on behalf of Defendant St. Paul Reinsurance Company Limited in this matter. WRIGHT & O'DONNELL, P.C. BY: Sheila E. O'Donnell Ronald S. Collins, Jr. Date: Id (4aS CERTIFICATE OF SERVICE I, Ronald S. Collins, Jr., Esquire, attorney for Defendant St. Paul Reinsurance Company Limited, certify that a true and correct copy of our Entry of Appearance was served via first class U.S. mail, postage prepaid, on the following parties: Eric R. Brown, Esquire Marshall, Dennehey, Warner, Coleman & Goggin 1845 Walnut Street Philadelphia, PA 19103 Attorney for Plaintiff Clouse Trucking, Inc. 2075 Rimer Highway Carlisle, PA 17013 Pro Se Defendant J. Edward Clouse 2075 Ritner Highway Carlisle, PA 17013 Pro Se Defendant Land O'Lakes, Inc. 405 Park Drive Carlisle, PA 17013 Pro Se Defendant Dairy Marketing Services, LLC P.O. Box 4814 Syracuse, NY 13221 Pro Se Defendant Centennial Insurance Company 140 Broadway New York, NY 10005-1101 Pro Se Defendant WRIGHT & O'DONNELL, P.C. BY: 60 Ronald S. Collins, Jr. Date: 10 (HI1.ooS hU 171 CD O TO PLAINTIFF: You are hereby notified to file a written response to the enclosed New Matter within twenty (20) days of service hereof or ajudgment may be entered against you. 7 WRIGHT4 'DOLL, BY: Attorney for Defendant, St. Paul Reinsurance Company Limited WRIGHT & O'DONNELL, P.C. BY: Sheila E. O'Donnell BY: Ronald S. Collins, Jr. Identification Nos. 73323/66906 15 East Ridge Pike, Suite 570 Conshohocken, PA 19428 (610) 940-4092 Attorneys for Defendant, St. Paul Reinsurance Company Limited IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION-LAW United National Insurance Company Plaintiff V. Clouse Trucking, Inc., J. Edward Clouse, Land O'Lakes, Inc., Dairy Marketing Services, LLC,: St. Paul Reinsurance Company Limited, and Centennial Insurance Company Defendants No. 05-3376 DEFENDANT ST. PAUL REINSURANCE COMPANY LIMITED'S ANSWER AND NEW MATTER TO PLAINTIFF'S COMPLAINT FOR DECLARATORY JUDGMENT, AND NEW MATTER CROSSCLAIMS AGAINST ALL DEFENDANTS Defendant, St. Paul Reinsurance Company Limited, by and through its undersigned counsel, Wright & O'Donnell, P.C., hereby files this Answer and New Matter to Plaintiffs Complaint for Declaratory Judgment and in support thereof avers as follows: Denied because this Answering Defendant lacks knowledge or information necessary to respond. 2. Admitted upon information and belief. 3. Admitted upon information and belief. 4. Denied because this Answering Defendant lacks knowledge or information necessary to respond. 5. Denied because this Answering Defendant lacks knowledge or information necessary to respond. 6. Denied because St. Paul Reinsurance Company Limited did not "issue" the insurance policy in question. St. Paul Reinsurance Company Limited subscribed to a certificate of insurance issued to Clouse Trucking by a managing general agent pursuant to applicable law. Denied because this Answering Defendant lacks knowledge or information necessary to respond. 8. This paragraph of Plaintiff's Complaint states a legal conclusion to which no response is required. 9. Denied because this Answering Defendant lacks knowledge or information necessary to respond. 10. Denied because this Answering Defendant lacks knowledge or information necessary to respond. 11. Admitted only that Plaintiffs Amended Complaint in the underlying action sets forth the allegations listed in paragraph 11 in Plaintiff s Complaint herein. 12. Admitted only that Plaintiff s Amended Complaint in the underlying action asserts the causes of action listed in paragraph 12 of Plaintiff s Complaint herein. COUNT I - DECLARATORY JUDGMENT 13. Answering Defendant incorporates by reference its responses to paragraphs 1 through 12 above as though fully set forth at length herein. 14. Denied because this Answering Defendant lacks knowledge or information necessary to respond. 15. Denied because this Answering Defendant lacks knowledge or information necessary to respond. 16. Denied because this Answering Defendant lacks knowledge or information necessary to respond. 17. Denied because this Answering Defendant lacks knowledge or information necessary to respond. 18. Denied because this Answering Defendant lacks knowledge or information necessary to respond. 19. Denied because this Answering Defendant lacks knowledge or information necessary to respond. 20. Denied because this Answering Defendant lacks knowledge or information necessary to respond. 20. [sic] Denied because this Answering Defendant lacks knowledge or information necessary to respond. 21. Admitted only that Count X of the Complaint in the underlying action sets forth the allegations listed in paragraph 21 of Plaintiff's Complaint herein. 22. Admitted only that Count X, paragraphs 123-124 of the Complaint in the underlying action, sets forth the allegations listed in paragraph 22 of Plaintiff s Complaint herein. 23. Denied because this Answering Defendant lacks knowledge or information necessary to respond. 24. Denied because this Answering Defendant lacks knowledge or information necessary to respond. 25. Admitted only that Count X of the Complaint in the underlying action sets forth the allegations listed in paragraph 25 of Plaintiff's Complaint herein. 26. Denied because this Answering Defendant lacks knowledge or information necessary to respond. WHEREFORE, Answering Defendant, St. Paul Reinsurance Company Limited, to the extent any allegations are made against this Answering Defendant, or any relief is sought against it, respectfully requests that this Honorable Court enter an Order dismissing any and all claims, by any party, against this Answering Defendant with prejudice. NEW MATTER 27. This Answering Defendant repeats and incorporates its responses to paragraphs 1- 26 above as if set forth at length herein. 28. Plaintiff fails to state a cause of action upon which relief can be granted. 29. Plaintiffs claims are barred by the appropriate statute of limitations and the doctrine of laches. 30. Plaintiff's claims are barred by the doctrine of waiver. 31. Plaintiff's claims are barred by the doctrine of equitable estoppel. 32. This Answering Defendant owes no coverage to any party to this action for any claim that has been asserted, or may be asserted, herein. 33. This Answering Defendant owes no legal obligation to any party to this action for any claim asserted, or that may be asserted, in connection with the incident from which this action arises. 34. The insurance policy to which this Answering Defendant subscribed provides no coverage to any party for any claim made, or that may be made, in connection with the incident from which this action arises. 35. Any claims that may be made against this Answering Defendant in this action, by any party, are excluded from coverage under the policy of insurance to which this Answering Defendant subscribed. 36. The claims that may be made against this Answering Defendant in this action, by any party, do not arise out of an accidental "occurrence" and, therefore, do not trigger coverage under the policy of insurance to which this Answering Defendant subscribed. See Exhibit "A" hereto, certain material sections of Policy No. SPL50277, Form CG 00 01 01 96, pages 1 and 12 of 13. 37. The claims that may be made against this Answering Defendant in this action, by any party, arise out of the use, including but not limited to the loading or unloading, of a motor vehicle, and are thereby excluded from coverage under the policy of insurance to which this Answering Defendant subscribed. See Exhibit "A" hereto, certain material sections of Policy No. SPL50277, Form CG 00 01 01 96, page 3 of 13. 38. The claims that may be made against this Answering Defendant in this action, by any party, arise out of exposure to pollutants and/or contaminants, and are thereby excluded from coverage under the policy of insurance to which this Answering Defendant subscribed. See Exhibit "A" hereto, certain material sections of Policy No. SPL50277, Form CG 00 01 01 96, pages 2 and 3 of 13. 39. The claims that may be made against this Answering Defendant in this action, by any party, arise out of alleged breaches of contract, fraud, expected and intended acts, and are thereby excluded from coverage under the policy of insurance to which this Answering Defendant subscribed. See Exhibit "A" hereto, certain material sections of Policy No. SPL50277, Form CG 00 01 01 96, pages I and 2 of 13. WHEREFORE, Answering Defendant, St. Paul Reinsurance Company Limited, to the extent any allegations are made against this Answering Defendant, or any relief is sought against it, respectfully requests that this Honorable Court enter an Order dismissing any and all claims, by any party, against this Answering Defendant with prejudice. NEW MATTER CROSSCLAIMS: 40. This Answering Defendant repeats and incorporates its responses to paragraphs 1- 39 above as if set forth at length herein. 41. Without admitting the veracity of the allegations contained in the Complaint of the Plaintiff, this Answering Defendant contends that, to the extent that the Plaintiff sustained any injuries, losses, and/or damages as alleged, then the injuries, losses, and/or damages are attributable solely to the conduct of the Co-Defendants Clouse Trucking, Inc., J. Edward Clouse, Land O'Lakes, Inc., Dairy Marketing Services, LLC, and/or Centennial Insurance Company. 42. In the event that it is judicially determined that this Answering Defendant is liable to the Plaintiff, the existence of any liability being expressly and specifically denied, then this Answering Defendant demands judgment in its favor and against the Co-Defendants, Clouse Trucking, Inc., J. Edward Clouse, Land O'Lakes, Inc., Dairy Marketing Services, LLC, and/or Centennial Insurance Company, rendering them solely liable to the Plaintiff, jointly and/or severally liable with Defendant St. Paul Reinsurance Company Limited, and/or liable over to Defendant St. Paul Reinsurance Company Limited. WRIGHT & O'DONNELL, P.C. 6ve?r? BY: Sheila E. O'Donnell Ronald S. Collins, Jr. Date: ?Q ?)Qs VERIFICATION I, Qc-fMO /I-- authorized representative of Defendant St. Paul Reinsurance Company Limited verify that the statements made in the foregoing Answer with New Matter are true and correct to the best of my knowledge, information and belief. It is understood that the statements herein are made subject to the penalties of I8 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. Authorized Representative of Defendant St. Paul Reinsurance Company Limited Date. LFa (2,66,, 245 . CERTIFICATE OF SERVICE I, Ronald S. Collins, Jr., Esquire, attorney for Defendant St. Paul Reinsurance Company Limited, certify that a true and correct copy of Answer with New Matter was served via first class U.S. mail, postage prepaid, on the following parties: Eric R. Brown, Esquire Marshall, Dennehey, Warner, Coleman & Goggin 1845 Walnut Street Philadelphia, PA 19103 Attorney for Plaintiff Clouse Trucking, Inc. 2075 Ritner Highway Carlisle, PA 17013 Pro Se Defendant J. Edward Clouse 2075 Rimer Highway Carlisle, PA 17013 Pro Se Defendant Land O'Lakes,Inc. 405 Park Drive Carlisle, PA 17013 Pro Se Defendant Dairy Marketing Services, LLC P.O. Box 4814 Syracuse, NY 13221 Pro Se Defendant Centennial Insurance Company 140 Broadway New York, NY 10005-1101 Pro Se Defendant I Date: 10 I N VA WRIGHT & O'DO P.C. BY: Ronald S. Collins, Jr. DATE ISSUED ` Commercial Lines Policy 07/30/2001 Common Policy Declarations _r___.: ..ar,..a....r a.. e..d in....c n-a n4 nntinv ntnvicinne PREVIOUS NO. SPL50094 T#01-0805-4806-02677 • n.. ? .moo .............. .. - .- -._--..__ ._ _.._ ._... ____ _. __._ Policy No. SPL50277 Name of CLOUSE TRUCKING & C. B. MILK SERVICE, INC. 1 Assured 2075 RITNER HIGHWAY CARLISLE PA 17013 2 EFFECTIVEFROM 07/05/2001 TO 07/05/2002 at 12:01A.M. Standard Time at your mailing address shown above. COVERA EPART NAME OF INSURERS _ CONTRACT - PERCENTAGE Commercial Property 3 Commercial General ST PAUL: REINSURANCE COMPANY, LTD. 99SP924-01 100.0% Liability THIS POLICY CONSISTS OF THE FOLLOWING COVERAGE PARTS FOR WHICH A PREMIUM IS INDICATED, THIS PREMIUM MAY BE SUBJECT TO ADJUSTMENT. PREMIUM Commercial Property Coverage Part $ Commercial General Liability Coverage Part 5,150.00 4 $ "The insurer which has issued this insurance is not POLICY FEE $ 200.00 licensed by the Pennsylvania Insurance Department pA, SURPLUS` TAX $ 154.50 and is subject to limited regulation. This insurance is NOT covered by the Pennsylvania Property and STAMPING FEE _ $ 25.75 Pl d i i ace at on. Casualty Insurance Guaranty Assoc by Insurance Innovators inc., 130 Easton Road, enside, PA 19038" TOTAL CHARGED 5,530.25 Gl 5 BUSINESS DESCRIPTION: TRUCKING COMPANY 6 F RM(S) AND ENDORSEMENT(SI tnADE APART OF THIS POLIC AT TIME OF ISSUE , LIAB-1(2/95),VF?U207(06/78), L1331 04/61),` L1998"(04/86),liSW100 1 1 4103 1,45, L2340(11/88),CL28022/97), FP165(04190),JCL464(01/ 8), ? 7 S l] ] (06/89) 4L0017(11/85), > PASB95, S 7 SERVICE OF SUIT MAY BE MADE UPUN: SEE FORM CL1998 DATED GLENSIDE, PA_ 19038 07/30/2001 JS INSURANCE INNOVATORS INCORPORATED By THESE DECLARATIONS TOGETHER. WITH THE COMMON POLICY CONDITIONS, COVERAGE PART DECLARATIONS, COVERAGE PART COVE E FORM(S) AND FORMS AND ENDORSEMENTS, IF ANY, ISSUED TO FORM A PART THEREOF, COMPLETE THE ABOVE NUMBERED PO GENERAL AGENTcr COMMERCIAL Gr "ERAL LIABILITY COVERAGE PART DECLARATIONS Policy Number: SPL50277 Effective date: 07/05/2001 12:01 A.M. Standard Time LIMITS OF INSURANCE General Aggregate Limit (Other Than Products-Completed Operations) $ 2,000,000. Products-Completed Operations Aggregate Limit $ Inc u e Personal and Advertising Injury Limit $--I ?- Each Occurrence Limit $ 1,000,000. Fire Damage Limit $ 100,000. Any One Fire Medical Expense Limit $ 5,000. Any One Person RETROACTIVE DATE (CG 00 02 only? Coverage A and B of this Insurance does not apply to "bodily injury", "property damage", "personal injury" or "advertising injury" which occurs before the retroactive date shown here: NONE DEDUCTIBLE: ® per claim ? per occurrence Bodily Injury Liability Deductible $ 250. Property DamageLiability Deductible $ 250. Combined Bodily Injury & Property Damage Liability Deductible $ ____N 7A Form of Business: ? Individual ? Partnership ® Corporation ? Other: Business Description: TRUCKING COMPANY Location of All Premises You Own, Rent or Occupy: SEE FORM SLIABSCH - EXTENSION OF DECLARATIONS PREMIUM Code Premium Rate Advance Premium Item Classification No. Basis Pr/Co All Other Pr/Co All Other SEE FORM SLIABSCH - EXTENSION OF DECLARATIONS Audit Period is Annual Unless Other- Total Advance premium $ wise Stated in FORM GU207. Minimum Premium For This Coverage Part $ FORMS AND ENDORSEMENTS (other than applicable Forms and Endorsements shown elsewhere in the policy) Forms and Endorsements applying to this Coverage Part and made part of this policy at time of issue: See GU207 Commercial General Liability Forms List THESE DECLARATIONS ARE PART OF THE POLICY DECLARATIONS CONTAINING THE NAME OF THE INSURED AND THE POLICY PERIOD. SUA&1 (02/95) T#(,_-0805-4806-02677 GU 207 ENDORSEMENT (ee. 6,78) PAGE 1 This endorsement, effective on 07/05/2001 at 12:01 A.M. standard time, forms a part of Policy No. SPL50277 of the INSURERS AS PER DECLARATION (NAME OF INSURANCE COMPANY) Issuedto CLOUSE TRUCKING & C.S. MILK SERVICE,INC. By INSURANCE INNOVATORS INCORPORATED GLENSIDE, PA. 19038 07/30/2001 JS Authorized Representative COMMERCIAL GENERAL LIABILITY FORMS LIST // / PS-1(12/93) PROFESSIONAL SERVICES EXCLUSION ??ED-1(12/93) PUNITIVE OR EXEMPLARY DAMAGE EXCLUSION / 1(12/93) ASBESTOS HAZARD EXCLUSION ?ABNH-1(9/93) ASSAULT & BATTERY/NEGLIGENT HIRING EXCLUSION ?CD-1(12/93) COMMUNUCABLE DISEASE EXCLUSION ?CL-1(12/93) CLASSIFICATION LIMITATION -H-1(12/93) LEAD HAZARD EXCLUSION LE-10(7/93) LIQUOR LIABILITY EXCLUSION L-1(12/93) VOLUNTARY LABOR EXCLUSION SP4130(1/92) PRODUCTS/COMPLETED OPERATIONS GENERAL AGGREGATE ?$P020 INDEPENDENT CONTRACTIONS CONDITIONAL EXCLUSION EB-103/1997 EMPLOYEE BENEFITS LIABILITY ?CSG0001(1/96) COMMERCIAL GENERAL LIABILITY COVERAGE FORM G2147(10/93) EMPLOYMENT-RELATED PRACTICES EXCLUSION G2160(04/98) EXCL - YEAR 2000 COMPUTER-RELATED & OTHER ELEC. /IL0021(11/85) NUCLEAR ENERGY LIABILITY EXCLUSION ENDORSEMENT JCG0300(10/93) DEDUCTIBLE LIABILITY INSURANCE ?t?l:± ?? ?? 1/ ((b'S../?L«rt'-*'l o' i.? %.X'ytr?:1 {'??r-.:2•: ?P?. LIMIT PROBLEMS COMMERCIAL GENERAL LIABILITY CG 00 01 01 96 IJ COMMERCIAL GENERAL LIABILITY COVERAGE FORM Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights, duties and what is and is not covered. Throughout this policy the words 'you' and "your' refer to the Named Insured shown in the Declara- tions, and any other person or organization qualify- ing as a Named Insured under this policy. The words "we", 'us' and "our" refer to the company providing this insurance. The word "insured' means any person or organiza- tion qualifying as such under WHO IS AN INSURED (SECTION II). Other words and phrases that appear in quotation marks have special meaning. Refer to DEFINITIONS (SECTION V). SECTION 1 - COVERAGES COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY 1. Insuring Agreement a. We will pay those sums that the insured be- comes legally obligated to pay as damages because of 'bodily injury" or "property dam- age" to which this insurance applies. We will have the right and duty to defend the insured against any "suit' seeking those damages. However, we will have no duty to defend the insured against any 'suit' seeking damages for 'bodily injury' or "property damage- to which this insurance does not apply. We may, at our discretion, investigate any "occur- rence" and settle any claim or 'suit' that may 9 result. But: (1) The amount we will pay for damages is limited as described in LIMITS OF INSUR- ANCE (SECTION III); and (2) Our right and duty to defend end when we have used up the applicable limit of in- surance in the payment of judgments or I settlements under Coverages A or B or medical expenses under Coverage C. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided. for. under SUPPLEMEW TARY PAYMENTS - COVERAGES A AND B. i b. This insurance applies to 'bodily injury' and "property damage' only if (1) The "bodily injury" or -property damage' is caused by an 'occurrence' that takes place in the 'coverage territory'; and (2) The 'bodily injury' or 'properly damage- occurs during the policy period. c. Damages because of -bodily injury' include damages claimed by any person or organ- ization for care, loss of services or death re- sulting at any time from the "bodily injury". 2. Exclusions This insurance does not apply to: a. Expected or Intended Injury "Bodily injury' or 'property damage' ex- pected or intended from the standpoint of the insured. This exclusion does not apply to "bodily injury" resulting from the use of rea- sonable force to protect persons or property. b. Contractual Liability 'Bodily injury' or 'property damage' for which the insured is obligated to pay dam- ages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages: (1) That the insured would have in the ab- sence of the contract or. agreement; or (2) Assumed in a contract or agreement that is an 'insured contract', provided the "bodily injury" or 'property damage" oc- curs subsequent to the execution of the contract or agreement. Solely for the pur. poses of liability assumed in an "insured contract", reasonable attorney fees and necessary litigation expenses incurred by or for a party other than an insured are deemed to be damages because of 'bodily injury' or -property damage', provided: (a) Liability to such party for, or for the cost or, that party's defense has also been assumed in the same 'insured contract'; and CG 00 01 01 96 Copyright, Insurance Services Office, Inc., 11994 Page 1 of 13 . ? (b) Such attorney fees and litigation ex- penses are for defense of that party agairfst a civil or alternative dispute resolution proceeding in which dam- ages to which this insurance applies are alleged, c. Liquor Liability 'Bodily injury' or 'property damage' for which any insured may be held liable by rea- son of: (1) Causing or contributing to the intoxication of any person; (2) The furnishing of alcoholic beverages to a person under the legal drinking age or under the influence of alcohol; or (3) Any statute, ordinance or regulation relat- ing to the sale, gift, distribution or use of alcoholic beverages. This exclusion applies only if you are in the business of manufacturing, distributing, sell- ing, serving or furnishing alcoholic beverages. d. Workers Compensation and Similar Laws Any obligation of the insured under a workers compensation, disability benefits or unem- ployment compensation law or any similar law. e. Employer's Liability 'Bodily injury' to: (1) An 'employee" of the insured arising out of and in the course of. (a) Employment by the insured; or (b), Performing duties related to the con- duct of the insured's business; or (2) The spouse, child, parent, brother or sister of that 'employee' as a consequence of paragraph (1) above. This exclusion applies: (1) Whether the insured may be liable as an employer or in any other capacity; and (2) To any obligation to share damages with or repay someone else who must pay damages because of the injury. This exclusion does not apply to liability as- sumed by the insured under an 'insured contract'. f. Pollution I (1) 'Bodily injury' or 'property damage' aris- ing out of the actual, alleged or threatened discharge, dispersal, seepage, migration, release or escape of pollutants: (a) At or from any premises, site or lo- cation which is or was at any time owned or occupied by, or rented or loaned to, any insured;' (b) At or from any premises, site or lo- cation which is or was at any time used by or for any insured or others for the handling, storage, disposal, processing j or treatment of waste; (c) Which are or were at any time trans- ported, handled, stored, treated, dis- posed of, or processed as waste by or for any insured or any person or or- ganization for whom you may be le- ! gally responsible; or (d) At or from any premises, site or lo- cation on which any insured or any contractors or subcontractors working directly or indirectly on any insured's behalf are performing operations: (i) If the pollutants are brought on or to the premises, site or location in connection with such operations by such insured, contractor or subcon- tractor; or t (ii) If the operations are to test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in ! any way respond to, or assess the effects of pollutants. I Subparagraph (d)(i) does not apply to 'bodily injury' or 'property damage' arising out of the escape of fuels, lubricants or. other operating fluids which are needed to perform the normaf electrical, hydraulic or me- I chanical functions necessary for the operation of 'mobile equipment' or its parts, if such fuels, lubricants or other operating fluids escape from a vehicle part designed to hold, store or receive j them. This exception does not apply if the fuels, lubricants or other operating fluids are intentionally discharged, dis- persed or released, or if such fuels, lubricants or other operating fluids are brought on or to the premises, site or location with the intent to be dis- charged, dispersed or released as part ' of the operations being performed by 7 such insured, contractor or subcon- tractor. Page 2 of 13 Copyright, Insurance Services Office, Inc., 1994 CG 00 01 01 96 ? Subparagraphs (a) and (d)(i) do not apply to 'bodily injury' or. 'property damage' arising out of heat, moke or fumes from a hostile fire. As used in this exclusion, a hostile fire means one which becomes uncontrollable or breaks out from where it was intended to be. EqI 0 (2) Any loss, cost or expense arising out of any: (a) Request, demand or order that any in- sured or others test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of pollutants; or (b) Claim or suit by or on behalf of a gov- ernmental authority for damages be- cause of testing for, monitoring, cleaning up, removing, containing, treating, detoxifying or neutralizing, or in any way responding to, or assessing the effects of pollutants. Pollutants means any solid, liquid, gaseous or thermal irritant or contaminant, including smoke, vapor, soot, fumes, acids, alkalis, chemicals and waste. Waste includes materi- als. to be recycled, reconditioned or re- claimed- g. Aircraft, Auto or Watercraft "Bodily injury' or 'property damage' arising out of the ownership, maintenance, use or entrustment to others of any aircraft, 'auto" or watercraft owned or operated by or rented or loaned to any insured. Use includes oper- ation and 'loading or unloading'. This exclusion does not apply to: (1) A watercraft while ashore on premises you own or-rent; (2) A watercraft you do not own that is: (a) Less than 26 feet long; and (b) Not being used to carry persons or property for a charge; (3) Parking an "auto" on, or on the ways next to, premises you own or rent, provided the "auto" is not owned by or rented or loaned to you or the insured; CG 00 01 01 96 (4) Liability assumed under any "insured contract' for the ownership, maintenance or use of aircraft or watercraft; or (5) "Bodily injury" or "property damage" aris- ing out of the operation of any of the equipment listed in paragraph f.(2) or 1.(3) of the definition of "mobile equipment". h. Mobile Equipment "Bodily injury' or "property damage" arising out of: (1) The transportation of "mobile equipment' by an "auto" owned or operated by or rented or loaned to any insured; or (2) The use of "mobile equipment" in, or while in practice for, or while being prepared for, any prearranged racing, speed, dem- olition, or stunting activity. i. War "Bodily injury" or "property damage" due to war, whether or not declared, or any act or condition incident to war. War includes civil war, insurrection, rebellion or revolution. This exclusion applies only to liability assumed under a contract or agreement. j. Damage to Property "Property damage' to: (1) Property you own, rent, or occupy; (2) Premises you sell, give away or abandon, if the "property damage" arises out of any part of those premises; (3) Property loaned to you; (4) Personal property in the care, custody or control of the insured; (5) That particular part of real property on which you or any contractors or subcon- tractors working directly or indirectly on your behalf are performing operations, if the "property damage" arises out of those operations: or (6) That particular part of any property that must be restored, repaired or replaced because "your work" was incorrectly per- formed on it. Paragraph (2) of this exclusion does not apply if' the premises are 'your work' and were never occupied, rented or held for rental by you. Copyright, Insurance Services Office, Inc., 1994 Page 3 of 13 Paragraphs (3), (4), (5) and (6) of this exclu- sion do not apply to liability assumed under a sidetrack agreement. Paragraph (6) of this exclusion does not apply to "property damage" included in the 'products-completed operations hazard'. k. Damage to Your Product "Property damage' to 'your product' arising out of it or any part of it. 1. Damage to Your Work 'Property damage' to 'your work" arising out of it or any part of it and included in the 'products-completed operations hazard'. This exclusion does not apply if the damaged work or the work out of which the damage arises was performed on your behalf by a subcontractor. m. Damage to Impaired Property or Property Not Physically Injured 'Property damage' to "impaired property" or properly that has not been physically injured. arising out of: (1) A defect," deficiency, inadequacy or dan- gerous condition in "your product" or 'your work'; or (2) A delay or failure by you or anyone acting on your behalf to perform a contract or agreement in accordance with its terms. This exclusion does not apply to the loss of use of other property arising out of sudden and accidental physical injury to "your prod- uct" or "your work" after it has been put to its intended use. n. Recall of Products, Work or Impaired Property Damages claimed for any loss, cost or ex- pense incurred by you or others for the loss of use, withdrawal, recall, inspection, repair, replacement, adjustment, removal or dis- posal of., (1) "Your product"; (2) "Your work"; or (3) "Impaired property"; if such product, work, or property is with- drawn or recalled from the market or from use by any person or organization because of a known or suspected defect, deficiency, inadequacy or dangerous condition in it. Exclusions c. through n, do not apply to damage by fire to premises while rented to you or tem- porarily occupied by you with permission of the owner. A separate limit of insurance applies to this coverage as described in LIMITS OF INSUR- ANCE (Section 111). COVERAGE B. PERSONAL AND ADVERTISING IN- JURY LIABILITY 1. Insuring Agreement a. We will pay those sums that the insured be- comes legally obligated to pay as damages because of "personal injury" or "advertising injury" to which this insurance applies. We will have the right and duty to defend the in- sured against any "suit" seeking those dam- ages. However, we will have no duty to defend the insured against any "suit" seeking damages for "personal injury' or "advertising injury" to which this insurance does not ap- ply. We may, at our discretion, investigate any -occurrence" or offense and settle any claim or 'suit' that may result. But: (1) The amount we will pay for damages is limited as described in LIMITS OF INSUR- ANCE (SECTION 111); and (2) Our right and duty to defend end when we have used up the applicable limit of in- surance in the payment of judgments or settlements under Coverages A or 8 or medical expenses under Coverage C. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under SUPPLEMEN- TARY PAYMENTS - COVERAGES A AND B. b. This insurance applies to: (1) 'Personal injury' caused by an offense arising out of your business, excluding advertising, publishing, broadcasting or telecasting done by or for you; (2) "Advertising injury" caused by an offense committed in the course of advertising your goods, products or services; but only if the offense was committed in the "coverage territory' during the policy period. 2. Exclusions This insurance does not apply to: a. "Personal injury" or "advertising injury"; (1) Arising out of oral or written publication of material, if done by or at the direction of the insured with knowledge of its falsity; Page 4 of 13 Copyright, Insurance Services Office, Inc., 1994 CG 00 01 01 96 ? 4 (2) Arising out of oral or written publication of material whose first publication took place before the beginning of the policy period; (3) Arising out of the willful violation of a penal statute or ordinance committed by or with the consent of the insured; (4) For which the insured has assumed liabil- ity in a contract or agreement. This exclu- sion does not apply to liability for damages that the insured would have in the absence of the contract or agreement; or D (5) Arising out of the actual, alleged or threatened discharge, dispersal, seepage, migration, release or escape of pollutants at any time. b. "Advertising injury" arising out of: (1) Breach of contract, other than misappro- priation of advertising ideas under an im- plied contract; (2) The failure of goods, products or services to conform with advertised quality or per- formance; (3) The wrong description of the price of goods, products or services; or (4) An offense committed by an insured whose business is advertising, broadcast- ing, publishing or telecasting. c. Any loss, cost or expense arising out of any: (1) Request, demand or order that any in- sured or others test for, monitor, clean up, remove, contain, treat, detoxify or neu- tralize, or in any way respond to, or as- sess the effects of pollutants: or (2) Claim or suit by or on behalf of a govern- mental authority for damages because of testing for, monitoring, cleaning up, re- moving, containing, treating, detoxifying or neutralizing, or in any way responding to, or assessing the effects of pollutants. Pollutants means any solid, liquid, gaseous or thermal irritant or contaminant, including smoke, vapor, soot, fumes, acids, alkalis, chemicals and waste. Waste includes materials to be recycled, reconditioned or reclaimed. COVERAGE C. MEDICAL PAYMENTS 1. Insuring Agreement a. We will pay medical expenses as described below for "bodily injury" caused by an acci- dent (2) On ways next to premises you own or rent; or (3) Because of your operations; provided that: (1) The accident takes place in the "coverage territory" and during the policy period; (2) The expenses are incurred and reported to us within one year of the date of the accident; and (3) The injured person submits to examina- tion, at our expense, by physicians of our choice as often as we reasonably require. b. We will make these payments regardless of fault. These payments will not exceed the applicable limit of insurance. We will pay reasonable expenses for: (1) First aid administered at the time of an accident; (2) Necessary medical, surgical, x-ray and dental services, including prosthetic de- vices; and (3) Necessary ambulance, hospital, profes- sional nursing and funeral services. 2. Exclusions - We will not pay expenses for "bodily injury": a. To any insured. b. To a person hired to do work for or on behalf of any insured or a tenant of any insured. c. To a person injured on that part of premises you own or rent that the person normally oc- cupies. d. To a person, whether or not an "employee" of any insured, if benefits for the "bodily in- jury" are payable or must be provided under a workers compensation or disability benefits law or a similar law. e. To a person injured while taking part in ath- letics. I. Included within the "products-completed op- erations hazard'. g. Excluded under Coverage A. h. Due to war, whether or not declared, or any act or condition incident to war. War includes civil war, insurrection, rebellion or revolution. 0 (1) On premises you own or rent; CG 00 01 01 96 Copyright, Insurance Services Office, Inc., 1994 Page 5 of 13 ? SUPPLEMENTARY PAYMENTS - COVERAGES A AND B We will pay, with respect to any claim we investi- gate or settle, or any 'suit" against an insured we defend: 1. All expenses we incur. 2. Up to $250 for cost of bail bonds required be- cause of accidents or traffic law violations aris- ing out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. 3. The cost of bonds to release attachments, but only for bond amounts within the applicable limit of insurance. We do not have to furnish these bonds. 4. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or 'suit", including actual loss of earnings up to $250 a day because of time off from work. 5. All costs taxed against the insured in the "suit". 6. Prejudgment interest awarded against the in- sured on that part of the judgment we pay. If we make an offer to pay the applicable limit of in- surance, we will not pay any prejudgment inter- est based on that period of time after the offer. 7. All interest on the full amount of any judgment that accrues after entry of the judgment and be- fore we have paid, offered to pay, or deposited in court the part of the judgment that is within the applicable limit of insurance. These payments will not reduce the limits of insur- ance. If we defend an insured against a "suit" and an indemnitee of the insured is also named as a party to the "suit", we will defend that indemnitee if all of the following conditions are met: a. The "suit" against the indemnitee seeks dam- ages for which the insured has assumed the li- ability of the indemnitee in a contract or agreement that is an "insured contract": b. This insurance applies to such liability assumed by the insured; c. The obligation to defend, or the cost of the de- fense of, that indemnitee, has also been as- sumed by the insured in the same -insured contract"; d. The allegations in the "suit" and the information we know about the "occurrence" are such that no conflict appears to exist between the interests of the insured and the interests of the indemnitee; e. The indemnitee and the insured ask us to con- duct and control the defense of that indemnitee against such 'suit' and agree that we can assign the same counsel to defend the insured and the indemnitee; and f. The indemnitee: (1) Agrees in writing to: (a) Cooperate with us in the investigation, settlement or defense of the "suit"; (b) Immediately send us copies of any de- mands, notices, summonses or legal pa- pers received in connection with the suit"; (c) Notify any other insurer whose coverage is available to the indemnitee; and (d) Cooperate with us with respect to coordi- nating other applicable insurance avail- able to the indemnitee; and (2) Provides us with written authorization to: (a) Obtain records and other information re- lated to the "suit and (b) Conduct and control the defense of the indemnitee in such "suit". So long as the above conditions are met, attorneys fees incurred by us in the defense of that indemnitee, necessary litigation expenses incurred by us and necessary litigation expenses incurred by the indemnitee at our request will be paid as Sup- plementary Payments. Notwithstanding the pro- visions of paragraph 2.b.(2) of COVERAGE A - BODILY INJURY AND PROPERTY DAMAGE LIABIL- ITY (Section I - Coverages), such payments will not be deemed to be damages for 'bodily injury' and 'properly damage' and will not reduce the limits of insurance. Our obligation to defend an insured's indemnitee and to pay for attorneys fees and necessary liti- gation expenses as Supplementary Payments ends when: a. We have used up the applicable limit of insur- ance in the payment of judgments or settle- ments; or b. The conditions set forth above, or the terms of the agreement described in paragraph f, above, are no longer met. Page 6 of 13 Copyright, Insurance Services Office, Inc., 1994 CG 00 01 01 96 ? IJ I ?J SECTION II - WHO IS AN INSURED 1. If you are designated in the Declarations as: a. An individual, you and your spouse are in- sureds. but only with respect to the conduct of a business of which you are the sole owner. b. A partnership or joint venture. you are an in- sured. Your members. your partners, and their spouses are also insureds. but only with respect to the conduct of your business. c. A limited liability company. you are an in- sured. Your members are also insureds. but only with respect to the conduct of your busi- ness. Your managers are insureds, but only with respect to their duties as your managers. d. An organization other than a partnership. joint venture or limited liability company, you are an insured. Your "executive officers' and directors are insureds. but only with respect to their duties as your officers or directors. Your stockholders are also insureds. but only with respect to their liability as stockholders. 2. Each of the following is also an insured: a. Your -employees-, other than either your 'executive officers" (if you are an organiza- tion other than a partnership. joint venture or limited liability company) or your managers (if you are a limited liability company), but only,for acts within the scope of their em- ployment by you or while performing duties related to the. conduct of your business. However. none of these "employees" is an insured for: (1) "Bodily injury" or "personal injury': (a) To you, to your partners or members (if you are a partnership or joint ven- ture), to your members (if you are a limited liability company), or to a co- "employee' while that co-"employee' is either in the course of his or her employment or performing duties re- lated to the conduct of your business; (b) To the spouse. child, parent. brother or sister of that co-"employee" as a consequence of paragraph (1)(a) above: (c) For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in paragraphs (1)(a) or (b) above; or (d) Arising out of his or her providing or failing to provide professional health care services. (2) 'Property damage' to property: (a) Owned. occupied or used by. (b) Rented to. in the care, custody or con- trol of. or over which physical control is being exercised for any purpose by you. any of your 'employees", any partner or member (if you are a partnership or joint venture), or any member (if you are a limited liability company). b. Any person (other than your 'employee-). or any organization while acting as your real estate manager. c. Any person or organization having proper temporary custody of your property if you die. but only: (1) With respect to liability arising out of the maintenance or use of that property: and (2) Until your legal representative has been appointed. d. Your legal representative if you die. but only with respect to duties as such. That repre- sentative will have all your rights and duties under this Coverage Part. 3. With respect to "mobile equipment' registered in your name under any motor vehicle registration law, any person is an insured while driving such equipment along a public highway with your permission. Any other person or organization responsible for the conduct of such person is also an insured, but only with respect to liability arising out of the operation of the equipment, and only if no other insurance, of any kind is available to that person or organization for this liability. However, no person or organization is an insured with respect to: a. "Bodily injury" to a co-"employee" of the per- son driving the equipment; or b. -Property damage" to property owned by. rented to, in the charge of or occupied by you or the employer of any person who is an in- sured under this provision. 4. Any organization you newly acquire or form. other than a partnership, joint venture or limited liability company, and over which you maintain ownership or majority interest. will qualify as a Named Insured if there is no other similar insur- ance available to that organization. However: a. Coverage under this provision is afforded only until the 90th day after you acquire or form the organization or the end of the policy period, whichever is earlier; CG 00 01 01 96 Copyright, Insurance Services Office, Inc., 1994 Page 7 of 13 ? b. Coverage A does not apply to 'bodily injury' or "property damage" that occurred before you acquired or formed the organization; and c. Coverage B does not apply to 'personal in- jury' or 'advertising injury' arising out of an offense committed before you acquired or formed the organization. No person or organization is an insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that,is not shown as a Named Insured in the Declarations- SECTION III - LIMITS OF INSURANCE 1. The Limits of Insurance shown in the Declara- tions and the rules below fix the most we will pay regardless of the number of: a. Insureds; b. Claims made or 'suits' brought; or c. Persons or organizations making claims or bringing "suits". 2. The General Aggregate Limit is the most we will pay for the sum of: a. Medical expenses under Coverage C; b. Damages under Coverage A, except dam- ages because of 'bodily injury' or 'property damage" included in the 'products-completed operations hazard'; and . c. Damages under Coverage B. 3. The Products-Completed Operations Aggregate Limit is the most we will pay under Coverage A for damages because of 'bodily injury' and 'properly damage" included in the 'products- completed operations hazard.'. 4. Subject to 2. above, the Personal and Advertising Injury Limit is the most we will pay under Cov- erage B for the sum of all damages because of all 'personal injury' and all 'advertising injury' sustained by any one person or organization. 5. Subject to 2. or 3. above, whichever applies, the Each Occurrence Limit is the most we will pay for the sum of: a. Damages under Coverage A; and b. Medical expenses under Coverage C because of all "bodily injury" and 'property damage" arising out of any one "occurrence". 6. Subject to S. above, the Fire Damage Limit is the most we will pay under Coverage A for damages because of 'property damage' to premises, while rented to you or temporarily occupied by you with permission of the owner, arising out of any one fire. 7. Subject to S. above, the Medical Expense Limit is the most we will pay under Coverage C for all medical expenses because of 'bodily injury" sustained by any one person. The Limits of Insurance of this Coverage Part apply separately to each consecutive annual period and to any remaining period of less than 12 months, starting with the beginning of the policy period shown in the Declarations, unless the policy period is extended after issuance for an additional period of less than 12 months: In that case, the additional period will be deemed part of the last preceding period for purposes of determining the Limits of In- surance. SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS 1. Bankruptcy Bankruptcy or insolvency of the insured or of the insured's estate will not relieve us of our obli- gations under this Coverage Part. 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit a. You must see to it that we are notified as soon as practicable of an "occurrence' or an offense which may result in a claim. To the extent possible, notice should include: (1) How, when and where the "occurrence" or offense took place; (2) The names and addresses of any injured persons and witnesses; and (3) The nature and location of any injury or damage arising out of the "occurrence" or offense. b. If a claim is made or 'suit' is brought against any insured, you must: (1) Immediately record the specifics of the claim or "suit' and the date received; and (2) Notify us as soon as practicable. You must see to it that we receive written notice of the claim or 'suit' as soon as prac- ticable. Page 8 of 13 Copyright, Insurance Services Office, Inc., 1994 CG 00 01 01 96 ? •• ri • ® c. You and any other involved insured must: (1) Immediately send us copies of any de- mands, notices, summonses or legal pa- pers received in connection with the claim or "suit'; (2) Authorize us to obtain records and other information; (3) Cooperate with us in the investigation or settlement of the claim or defense against the "suit'; and (4) Assist us, upon our request, in the enforcement of any right against any per- son or organization which may be liable to the insured because of injury or dam- age to which this insurance may also ap- ply d. No insured will, except at that insured's own cost, voluntarily make a payment, assume any obligation, or incur any expense, other than for first aid, without our consent. 3. Legal Action Against Us No person or organization has a right under this Coverage Part: a. To join us as a party or otherwise bring us into a 'suit' asking for damages from an in- sured; or b. To sue us on this Coverage Part unless all of its terms have been fully complied with. A person or organization may sue us to recover on an agreed settlement or on a final judgment against an insured obtained after an actual trial; but we will not be liable for damages that are not payable under the terms of this Coverage Part or that are in excess of the applicable limit of insurance. An agreed settlement , means a settlement and release of liability signed by us, the insured and the claimant or the claimant's legal representative. 4. Other Insurance If other valid and collectible insurance is avail- able to the insured for a loss we cover under Coverages A or B of this Coverage Part, our ob- ligations are limited as follows: a. Primary Insurance This insurance is primary except when b, be- low applies. If this insurance is primary, our obligations are not affected unless any of the other insurance is also primary. Then, we will share with all that other insurance by the method described in c. below. b. Excess Insurance This insurance is excess over any of the other insurance, whether primary, excess, contin- gent or on any other basis: (1) That is Fire, Extended Coverage, Builder's Risk, Installation Risk or similar coverage for "your work'; (2) That is Fire insurance for premises rented to you or temporarily occupied by you with permission of the owner; or (3) If the loss arises out of the maintenance or use of aircraft, 'autos' or watercraft to the extent not subject to Exclusion g. of Coverage A (Section I), When this insurance is excess, we will have no duty under Coverages A or B to defend the insured against any "suit' if any other insurer has a duty to defend the insured against that "suit'. If no other insurer defends, we will undertake to do so, but we will be entitled to the insured's rights against all those other insurers. When this insurance is excess over other in- surance, we will pay only our share of the amount of the loss, if any, that exceeds the sum of: (1) The total amount that all such other in- surance would pay for the loss in the ab- sence of this insurance; and (2) The total of all deductible and self-insured amounts under all that other insurance. We will share the remaining loss, if any, with any other insurance that is not described in this Excess Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage Part. c. Method of Sharing if all of the other insurance permits contrib- ution by equal shares, we will follow this method also. Under this approach each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, whichever comes first. If any of the other insurance does not permit contribution by equal shares, we will contrib- ute by limits. Under this method, each insur- er's share is based on the ratio of its applicable limit of insurance to the total ap- plicable limits of insurance of all insurers. CG 00 01 01 96 Copyright, Insurance Services Office, Inc., 1994 Page 9 of 13, ? S. Premium Audit a. We will compute all premiums for this Cover- age Part in accordance with our rules and rates. b. Premium shown in this Coverage Part as ad- vance premium is a deposit premium only. At the close of each audit period we will compute the earned premium for that period. Audit premiums are due and payable on no- tice to the first Named Insured. If the sum of the advance and audit premiums paid for the policy period is greater than the earned pre- mium, we will return the excess to the first Named Insured. c. The first Named insured must keep records of the information we need for premium computation, and send us copies at such times as we may request. 6. Representations By accepting this policy, you agree: a. The statements in the Declarations are accu- rate and complete; b. Those statements are based upon represen- tations you made to us; and c. We have issued this policy in reliance upon your representations. 7. Separation Of Insureds Except with respect to the Limits of Insurance, and any rights or duties specifically assigned in this Coverage Part to the first Named Insured, this insurance applies: a. As if each Named Insured were the only Named Insured; and b. Separately to each insured against whom claim is made or "suit" is brought. 8. Transfer Of Rights Of Recovery Against Others To Us If the insured has rights to recover all or part of any payment we have made under this Coverage Part, those rights are transferred to us. The in- sured must do nothing after loss to impair them. At our request, the insured will bring "suit" or transfer those rights to us and help us enforce them. 9. When We Do Not Renew If we decide not to renew this Coverage Part, we will mail or deliver to the first Named Insured shown in the Declarations written notice of the nonrenewal not less than 30 days before the ex- piration date. If notice is mailed, proof of mailing will be suffi- cient proof of notice. SECTION V - DEFINITIONS 1. "Advertising injury" means injury arising out of one or more of the following offenses: a. Oral or written publication of material that slanders or libels a person or organization or disparages a person's or organization's goods, products or services; b. Oral or written publication of material that vi- olates a person's right of privacy; c. Misappropriation of advertising ideas or style of doing business; or d. Infringement of copyright, title or slogan. 2. 'Auto' means a land motor vehicle, trailer or semitrailer designed for travel on public roads, including any attached machinery or equipment. But "auto" does not include "mobile equipment". 3. "Bodily injury" means bodily injury, sickness or disease sustained by a person, including death resulting from any of these at any time. 4. "Coverage territory" means: a. The United States of America (including its territories and possessions), Puerto Rico and Canada; b. International waters or airspace, provided the injury or damage does not occur in the course of travel or transportation to or from any place not included in a. above; or c. All parts of the world if., (1) The injury or damage arises out of: (a) Goods or products made or sold by you in the territory described in a. above; or •' •1 @11 Page 10 of 13 Copyright, Insurance Services Office, Inc., 1994 CG 00 01 01 96 11 (b) The activities of a person whose home is in the territory described in a. above, but is away for a short time on your business; and (2) The insured's responsibility to pay dam- ages is determined in a "suit" on the merits, in the territory described in a. above or in a settlement we agree to. "Employee" includes a "leased worker". "Em- ployee" does not include a "temporary worker'. "Executive officer" means a person holding any of the officer positions created by your charter, constitution, by-laws or any other similar gov- erning document. "Impaired property" means' tangible properly, other than "your product" or "your work that cannot be used or is less useful because: a. It incorporates "your product" or "your work" that is known or thought to be defective, defi- cient, inadequate or dangerous; or b. You have failed to fulfill the terms of a con- tract or agreement; if such property can be restored to use by: a. The repair, replacement, adjustment or re- moval of "your product" or 'your work'; or b. Your fulfilling the terms of the contract or agreement. "Insured contract" means: a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or or- ganization for damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner is not an "insured contract"; b. A sidetrack agreement; c. Any easement or license agreement, except in connection with construction or demolition operations on or within 50 feet of a railroad; d. An obligation, as required by ordinance, to indemnify a municipality, except in con- nection with work for a municipality; e. An elevator maintenance agreement; 5. 6. T, 8. CG 00 01 01 96 f. That part of any other contract or agreement pertaining to your business (including an indemnification of a municipality in con- nection with work performed for a munici- pality) under which you assume the tort liability of another party to pay for "bodily in- jury" or 'property damage' to a third person or organization. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. Paragraph f. does not include that part of any contract or agreement: (1) That indemnifies a railroad for 'bodily in- jury" or "property damage' arising out of construction or demolition operations, within 50 feel of any railroad property and affecting any railroad bridge or trestle, tracks, road-beds, tunnel, underpass or crossing; (2) That indemnifies an architect, engineer or surveyor for injury or damage arising out of: (a) Preparing, approving, or failing to pre- pare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and spec- ifications: or (b) Giving directions or instructions, or failing to give them, if that is the pri- mary cause of the injury or damage; or (3) Under which the insured, if an architect, engineer or surveyor, assumes liability for an injury or damage arising out of the in- sured's rendering or failure to render professional services, including -those listed in (2) above and supervisory, in- spection, architectural or engineering ac- tivities. 9. "Leased worker" means a person leased to you by a labor leasing firm under an agreement be- tween you and the labor leasing firm, to perform duties related to the conduct of your business. "Leased worker' does not include a 'temporary worker'. 10. "Loading or unloading" means the handling of property: a. After it is moved from the place where it is accepted for movement into or onto an air- craft, watercraft or 'auto% Copyright, Insurance Services Office, Inc., 1994 Page 11 of 13. ? b. While it is in or on an aircraft, watercraft or 'auto": or c. While it is being moved from an aircraft, watercraft or 'auto" to the place where it is finally delivered; but 'loading or unloading' does not include the movement of property by means of a mechanical device, other than a hand truck, that is not at- tached to the aircraft, watercraft or 'auto'. 11. "Mobile equipment" means any of the following types of land vehicles, including any attached machinery or equipment: a. Bulldozers, farm machinery, forklifts and other vehicles designed for use principally off public roads; b. Vehicles maintained for use solely on or next to premises you own or rent; ' c. Vehicles that travel on crawler treads; d. Vehicles, whether self-propelled or not, maintained primarily to provide mobility to permanently mounted: (1) Power cranes, shovels, loaders, diggers or drills; or (2) Road construction or resurfacing equip- ment such as graders, scrapers or rollers; e. Vehicles not described in a., b., c. or d. above that are not self-propelled and are maintained primarily to provide mobility to permanently attached equipment of the fol- lowing types: (1) Air compressors, pumps and generators, including spraying, welding, building cleaning, geophysical exploration, lighting and well servicing equipment; or (2) Cherry pickers and similar devices used to raise or lower workers; f. Vehicles not described in a., b., c. or d. above maintained primarily for purposes other than the transportation of persons or cargo. However, self-propelled vehicles with the fol- lowing types of permanently attached equip- ment are not "mobile equipment" but will be considered "autos": (1) Equipment designed primarily for: (a) Snow removal; (b) Road maintenance, but not con- struction or resurfacing; or (c) Street cleaning; (2) Cherry pickers and similar devices mounted on automobile or truck chassis and used to raise or lower workers: and (3) Air compressors, pumps and generators, including spraying, welding, building cleaning, geophysical exploration, lighting and well servicing equipment. 12. 'Occurrence' means an accident, including con- tinuous or repeated exposure to substantially the same general harmful conditions. 13. "Personal injury' means injury, other than "bod- ily injury', arising out of one or more of the fol- lowing offenses`. a. False arrest, detention or imprisonment; b. Malicious prosecution; c. The wrongful eviction from, wrongful entry into, or invasion of the right of private occu- pancy of a room, dwelling or premises that a person occupies by or on behalf of its owner, landlord or lessor; d. Oral or written publication of material that slanders or libels a person or organization or disparages a person's or organization's goods, products or services; or e. Oral or written publication of material that vi- olates a person's right of privacy. 14. "Products-completed operations hazard": a. Includes all 'bodily injury" and "property damage' occurring away from premises you own or rent and arising out of 'your product' or 'your work" except: (1) Products that are still in your physical possession; or (2) Work that has not yet been completed or abandoned. However, "your work" will be deemed completed at the earliest of the following times: (a) When all of the work called for in your contract has been completed. (b) When all of the work to be done at the job site has been completed if your contract calls for work at more than one job site. (c) When that part of the work done at a job site has been put to its intended use by any person or organization other than another contractor or sub- contractor working on the same project. Work that may need service, maintenance, correction, repair or replacement, but which is otherwise complete, will be treated as completed. •1 i Page 12 of 13 Copyright, Insurance Services Office, Inc., 1994 cG 00 01 01 96 ? b. Does not include 'bodily injury' or 'property damage' arising out of: (1) The transportation of property, unless the injury or damage arises out of a condition in or on a vehicle not owned or operated by you, and that condition was created by the "loading or unloading' of that vehicle by any insured: (2) The existence of tools, uninstalled equip- ment or abandoned or unused materials; or (3) Products or operations for which the clas- sification, listed in the Declarations or in a policy schedule, states that products completed operations are subject to the General Aggregate Limit. $."Property damage" means: a. Physical injury to tangible property, including all resulting loss of use of that property. All such loss of use shall be deemed to occur at the time of the physical injury that caused it; or b. Loss of use of tangible property that is not physically injured. All such loss of use shall be deemed to occur at the time of the -oc- currence" that caused it. L'Suit' means a civil proceeding in which dam- ages because of 'bodily injury', "property dam- age", 'personal injury' or "advertising injury" to which this insurance applies are alleged. 'Suit' includes: a. An arbitration proceeding in which such damages are claimed and to which the in- sured must submit or does submit with our consent; or b. Any other alternative dispute resolution pro- ceeding in which such damages are claimed and to which the insured submits with our consent. t G 00 01 01 96 17. "Temporary worker" means a person who is fur- nished to you to substitute for a permanent "employee" on leave or to meet seasonal or short-term workload conditions. 18. "Your product" means: a. Any goods or products, other than real prop- erty, manufactured, sold, handled, distributed or disposed of by: (1) You; (2) Others trading under your name; or (3) A person or organization whose business or assets you have acquired; and b. Containers (other than vehicles), materials, parts or equipment furnished in connection with such goods or products. 'Your product" includes: a. Warranties or representations made at any time with respect to the fitness, quality, dura- bility, performance or use of 'your product-; and b. The providing of or failure to provide warnings or instructions. 'Your product' does not include vending ma- chines or other property rented to or located for the use of others but not sold. 19.'Your work- means: a. Work or operations performed by you or on your behalf; and b. Materials, parts or equipment furnished in connection with such work or operations. 'Your work" includes: a. Warranties or representations made at any time with respect to the fitness, quality, dura- bility, performance or use of "your work"; and b. The providing of or failure to provide warnings or instructions. Copyright, Insurance Services Office, Inc., 1994 Page 13 of 13 ? GENNET, KALLMANN, ANTIN & ROBINSON Mark M. Bridge, Esquire Attorney ID No.: 34477 Nancy E. Longo, Esquire Attorney ID No.: 91150 101 East Lancaster Avenue, Suite 304 Wayne, Pennsylvania 19087 Telephone (610) 902-0150 Facsimile (610) 902-0152 Attorney for Defendant, Centennial Insurance Company UNITED NATIONAL INSURANCE Plaintiff NOTICE TO PLEAD To Defendants, Clouse Trucking, Inc.; J. Edward Clouse; Land O'Lakes, Inc.; and Dairy Marketing Services, LLC: You are hereby notified to answer or otherwise plead to the enclosed Cross-Claims within twenty (20) days from the service hereof or a default judgment may be entered against you. auiw C, wzl? 16 Nancy E. ongo, Esquire COURT OF COMMON PLEAS CUMBERLAND COUNTY VS. CLOUSE TRUCKING, INC.; J. EDWARD CLOUSE; LAND O'LAKES, INC.; DAIRY MARKETING SERVICES, LLC; ST. PAUL REINSURANCE COMPANY LTD.; and CENTENNIAL INSURANCE COMPANY Defendants CIVIL ACTION DOCKET NO.: 05-3376 ANSWER TO COMPLAINT WITH NEW MATTER Defendant, Centennial Insurance Company, by and through its counsel, Gennet, Kallmann, Antin & Robinson, P.C., hereby sets forth their Answer to Plaintiffs Complaint with New Matter in the form of a Cross-Claim against Defendants, Clouse Trucking, Inc.; J. Edward Clouse; Land O'Lakes, Inc.; and Dairy Marketing Services LLC, as follows: 1. Denied. 2. Denied. 3. Denied. Answer and New Matter, Page No. 2 4. Denied. 5. Denied. 6. Denied. 7. Admitted. 8. No response is required, as said allegation is not directed to answering Defendant. 9. No response is required, as said allegation is not directed to answering Defendant. 10. No response is required, as said allegation is not directed to answering Defendant. 11. No response is required, as said allegation is not directed to answering Defendant. 12. No response is required, as said allegation is not directed to answering Defendant. COUNT I-DECLARATORY JUDGMENT 13. Defendant repeats and re-alleges all prior responses as if set forth more fully herein. 14. No response is required, as said allegation is not directed to answering Defendant. 15. No response is required, as said allegation is not directed to answering Defendant. 16. No response is required, as said allegation is not directed to answering Defendant. 17. No response is required, as said allegation is not directed to answering Defendant. 18. No response is required, as said allegation is not directed to answering Defendant. 19. No response is required, as said allegation is not directed to answering Defendant. 20. No response is required, as said allegation is not directed to answering Defendant. 21. No response is required, as said allegation is not directed to answering Defendant. 22. No response is required, as said allegation is not directed to answering Defendant. 23. No response is required, as said allegation is not directed to answering Defendant. 24. No response is required, as said allegation is not directed to answering Defendant. 25. No response is required, as said allegation is not directed to answering Defendant. 26. No response is required, as said allegation is not directed to answering Defendant. WHEREFORE, Defendants, Centennial Insurance Company, does not request or object to this Court entering judgment in Plaintiffs favor and making declarations, as it relates to Plaintiffs request for declaratory judgment relief. Answer and New Matter, Page No. 3 NEW MATTER CROSS-CLAIMS By way of further answer to Plaintiffs Complaint, answering Defendant sets forth the following New Matter in the form of a Cross-Claim against co-Defendants, CLOUSE TRUCKING, INC.; J. EDWARD CLOUSE; LAND O'LAKES, INC; AND DAIRY MARKETING SERVICES LLC: 1. Answering Defendant repeats and re-alleges each paragraph of its Answer to the Complaint, as if set forth herein in its entirety. 2. Answering Defendant properly denied the claim made by its insured, Clouse Trucking, Inc. and other related entities, under its insurance policy on or about February 13, 2002. 3. The insured breached its duties under said policy in the event of a loss. 4. The insured committed concealment, misrepresentation and/or fraud. 5. The insurance policy provided by Answering Defendant is subject to limitations and exclusions, as set forth in said policy. 6. The limits of liability set forth in said policy are for $50,000.00. Insurance coverage pursuant to said policy is excluded since the subject loss is not a covered loss, as it constitutes "Contraband or property in the course of illegal transportation or trade." 8. Insurance coverage pursuant to said policy is excluded under the "Pollutant Clean-Up And Removal" provision, as set forth in said policy. 9. Insurance coverage pursuant to said policy is excluded under the "Dishonest or Criminal Act" exclusion, as set forth in said policy. 10. Insurance coverage pursuant to said policy is excluded under the "willful act" exclusion, as set forth in said policy. 11. Insurance coverage pursuant to said policy is excluded under the "Forged bills of lading or other documents" exclusion, as set forth in said policy. 12. Insurance coverage pursuant to said policy is excluded under the "wear and tear" exclusion, as set forth in said policy. Answer and New Matter, Page No. 4 13. Insurance coverage pursuant to said policy is excluded under the "loss by the property being soured" exclusion, as set forth in said policy. WHEREFORE, Defendant, Centennial Insurance Company, respectfully requests that this Court enter judgment in its favor and against co-Defendants, Clouse Trucking, Inc.; J. Edward Clouse; Land O'Lakes, Inc.; and Dairy Marketing Services LLC, together with interest, costs and attorney's fees, and grant such further legal and equitable relief as may be appropriate. GENNET, KALLMANN, ANTIN, & ROBINSON Mark M. ridge, Esquir Attorney D No.: 34477 Nancy E. Longo, Esquire Attorney ID No.: 91150 101 East Lancaster Avenue, Suite 304 Wayne, Pennsylvania 19087 Telephone (610) 902-0150 Facsimile (610) 902-0152 Attorney for Attorney for Defendant, Centennial Insurance Company Dated: October 14, 2005 Answer and New Matter, Page No. 5 VERIFICATION I, Nancy E. Longo, Esquire, am an attorney at law in the Commonwealth of Pennsylvania, and serve as legal counsel to Defendant, Centennial Insurance Company. I am duly authorized to take this verification on behalf of my clients. By and through their legal counsel, Defendant, Centennial Insurance Company, makes this verification that the facts set forth in the foregoing document are true and correct based upon reasonable inquiry and investigation. The undersigned understands that the statements therein are made subject to the penalties of 18 Pa CSA Section 4904, relating to unsworn falsification to authorities. Date: October 14, 2005 y1ma kol?v Nancy E. ongo, Esquire Attorney r Defendant, Centennial Insurance Company h> ?^ C? O :'.J '$? {?Y '.! o r-? iii :. -!, < '? `fi _ _ ';i? " '? ? C-? GENNET, KALLMANN, ANTIN & ROBINSON Mark M. Bridge, Esquire Attorney ID No.: 34477 Nancy E. Longo, Esquire Attorney ID No.: 91150 101 East Lancaster Avenue, Suite 304 Wayne, Pennsylvania 19087 Telephone (610) 902-0150 Facsimile (610) 902-0152 Attorney for Defendant, Centennial Insurance Company UNITED NATIONAL INSURANCE Plaintiff VS. COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL ACTION CLOUSE TRUCKING, INC.; J. EDWARD DOCKET NO.: 05-3376 CLOUSE; LAND O'LAKES, INC.; DAIRY MARKETING SERVICES, LLC; ST. PAUL REINSURANCE COMPANY LTD.; and CENTENNIAL INSURANCE COMPANY Defendants CERTIFICATE OF SERVICE I, Nancy E. Longo, Esquire, of Gennet, Kallmann, Antin & Robinson, counsel for Defendant, Centennial Insurance Company, hereby certify that I have this day served a true and correct copy of the described pleading or motion upon the opposing parties at the address listed below: Pleading or Motion served: Answer to Complaint with Cross Claims; Certificate of Service regarding same. Opposing Party/Counsel: Eric R. Brown, Esquire Marshall, Dennehey, Warner, Coleman & Goggin 1845 Walnut Street Philadelphia, PA 19103 Attorney for Plaintiff George B. Faller, Jr., Esquire Martson, Deardoff, Williams & Otto 10 E. High Street Carlisle, PA 17013 Attorney for Defendants, Clouse Trucking, Inc. and J. Edward Clouse Certificate of Service, Page No.: 2 Patrick J. Reilly, Esquire Gross, McGinley, LaBarre & Eaton, LLP PO Box 4060 Allentown, PA 18105-4060 Attorney for Defendants, Land O'Lakes, Inc. and Dairy Marketing Services LLC Ronald Collins, Jr., Esquire Wright & O'Donnell 15 East Ridge Pike, Suite 570 Conshohocken, PA 19428 Attorney for Defendant, St. Paul Reinsurance Company, Ltd. Mode of service: First Class Mail GENNET KALLMANN ANTIN & ROBINSON awe,6?. e /o? Mark M. ridge, Esquire Attorney No.: 34477 Nancy E. Longo, Esquire Attorney ID No.: 91150 101 East Lancaster Avenue, Suite 304 Wayne, Pennsylvania 19087 Telephone (610) 902-0150 Facsimile (610) 902-0152 Attorney for Defendant, Centennial Insurance Company Dated: October 14, 2005 r o -}a G V01_18VL1ABVEXB\STATV671996AKZMV09121A00101 MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN By: Eric R. Brown, Esquire Identification No. 84530 1845 Walnut Street, 18`h Floor Philadelphia, PA 19103 (215)575-2620 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA UNITED NATIONAL INSURANCE COMPANY Plaintiff CIVIL ACTION- LAW No. 05-3376 V. CLOUSE TRUCKING, INC. and J. EDWARD CLOUSE and LAND O' LAKES, INC. and DAIRY MARKETING SERVICES, LLC and ST. PAUL REINSURANCE COMPANY LTD. c/o LEBOUEF, LAMB, GREENE & McCRAE and CENTENNIAL INSURANCE COMPANY Defendants REPLY OF PLAINTIFF, UNITED NATIONAL INSURANCE COMPANY TO THE NEW MATTER/CROSSCLAIM OF DEFENDANT, ST. PAUL REINSURANCE COMPANY, LTD. AND NOW, comes plaintiff, United National Insurance Company ("United National") by and through its undersigned counsel and hereby files this Reply to the New Matter/Crossclaim of defendant, St. Paul Reinsurance Company, Ltd. 27. Plaintiff incorporates by reference the averments of its complaint herein. 28-35. Denied as a conclusion of law to which no response is required. 36-39. Denied as a conclusion of law to which no response is required. By way of further answer, the policy materials are a writing that speak for themselves. WHEREFORE, plaintiff respectfully demands judgment in its favor and a declaration issued that it owes no obligation to defend or indemnify Clouse Trucking or J. Edward Clouse. NEW MATTER/CROSSCLAIM 40. Plaintiff incorporates by reference herein the averments of this complaint along with paragraphs 27 through 39 of its Reply as though fully set forth at length. 41-42. Denied as a conclusion of law to which no response is required. Respectfully submitted, MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN ERIC R. BROWN Attorney for Plaintiff Date: fo S VERIFICATION Eric R. Brown, Attorney for Plaintiff, United National Insurance Company's Reply to the New Matter/Crossclaim of Defendant, St. Paul Reinsurance Company, Ltd. are true to the best of his knowledge, information and belief. If the above statements are not true, the deponent is subject to the penalties of 18 Pa.C.S. §4904 relating to unswom falsification to authorities. ERIC R. ROWN Date: 1(-' r Y _ 7 -T- CERTIFICATE OF SERVICE I, Eric R. Brown, Esquire, do hereby certify that a true and correct copy of United National Insurance Company's Reply to the New Matter/Crossclaim of Defendant, St. Paul Reinsurance Company, Ltd. was served upon the parties listed below by first class mail on the date listed below at the following addresses: George P. Faller, Jr., Esquire MARTSON DEARDORFF WILLIAMS & OTTO 10 East High Street Carlisle, PA 17013 Patrick Reilly, Esquire GROSS, McGINLEY, LaBARRE & EATON, LLP 33 South 7th Street P.O. Box 4060 Allentown, PA 18105-4060 Ronald S. Collins, Esquire Sheila E. O'Donnell, Esquire WRIGHT & O'DONNELL, P.C. 15 East Ridge Pike, Suite 570 Conshohocken, PA 19428 Nancy E. Longo, Esquire GENNET, KALLMANN, ANTIN & ROBINSON 6 Campus Drive Parsippany, NJ 07054-4406 ERIC R. BROWN Attorney for Plaintiff, United National Ins. Co. Date: ?? ??0 QS 4> t'?" J CO t'5 m m ro \01 _18\LIAB\EXB\STAT\672044\KZM\09121 \00101 MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN By: Eric R. Brown, Esquire Identification No. 84530 1845 Walnut Street, 18`h Floor Philadelphia, PA 19103 Attorney for Plaintiff (215)575-2620 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA UNITED NATIONAL INSURANCE CIVIL ACTION- LAW COMPANY Plaintiff No. 05-3376 V. CLOUSE TRUCKING, INC. and J. EDWARD CLOUSE and LAND O' LAKES, INC. and DAIRY MARKETING SERVICES, LLC and ST. PAUL REINSURANCE COMPANY LTD. c/o LEBOUEF, LAMB, GREENE & McCRAE and CENTENNIAL INSURANCE COMPANY Defendants REPLY OF PLAINTIFF, UNITED NATIONAL INSURANCE COMPANY TO THE NEW MATTER/CROSSCLAIM OF DEFENDANT, CENTENNIAL INSURANCE COMPANY AND NOW, comes plaintiff, United National Insurance Company ("United National") by and through its undersigned counsel and hereby files this Reply to the New Matter/Crossclaim of defendant, Centennial Insurance Company. Plaintiff incorporates by reference each paragraph of its complaint as though fully set forth at length herein. 2-5. Denied as a conclusion of law to which no response is required. After reasonable investigation plaintiff is unable to determine the veracity of the averments set forth herein and therefore they are denied. 7-13. Denied as a conclusion of law to which no response is required. WHEREFORE, plaintiff respectfully demands judgment in its favor and a declaration issued that it owes no obligation to defend on indemnify Clouse Trucking or J. Edward Clouse. Respectfully submitted, MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN ERIC R. BROWN Attorney for Plaintiff Date: VERIFICATION Eric R. Brown, Attorney for Plaintiff, United National Insurance Company's Reply to the New Matter/Crossclaim of Defendant, Centennial Insurance Company. are true to the best of his knowledge, information and belief. If the above statements are not true, the deponent is subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. ERIC k-tROWN Date: ? dLv CERTIFICATE OF SERVICE I, Eric R. Brown, Esquire, do hereby certify that a true and correct copy of United National Insurance Company's Reply to the New Matter/Crossclaim of Defendant, Centennial Insurance Company. was served upon the parties listed below by first class mail on the date listed below at the following addresses: George P. Faller, Jr., Esquire MARTSON DEARDORFF WILLIAMS & OTTO 10 East High Street Carlisle, PA 17013 Patrick Reilly, Esquire GROSS, McGINLEY, LaBARRE & EATON, LLP 33 South 7th Street P.O. Box 4060 Allentown, PA 18105-4060 Ronald S. Collins, Esquire Sheila E. O'Donnell, Esquire WRIGHT & O'DONNELL, P.C. 15 East Ridge Pike, Suite 570 Conshohocken, PA 19428 Nancy E. Longo, Esquire GENNET, KALLMANN, ANTIN & ROBINSON 6 Campus Drive Parsippany, NJ 07054-4406 ERIC R. BROWN Attorney for Plaintiff, United National Ins. Co. Date: C> i ? C1 P "^ `_ : GENNET, KALLMANN, ANTIN & ROBINSON Mark M. Bridge, Esquire Attorney ID No.: 34477 Nancy E. Longo, Esquire Attorney ID No.: 91150 101 East Lancaster Avenue, Suite 304 Wayne, Pennsylvania 19087 Telephone (610) 902-0150 Facsimile (610) 902-0152 Attorney for Defendant, Centennial Insurance Company UNITED NATIONAL INSURANCE Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY VS. CLOUSE TRUCKING, INC.; J. EDWARD CLOUSE; LAND O'LAKES, INC.; DAIRY MARKETING SERVICES, LLC; ST. PAUL REINSURANCE COMPANY LTD.; and CENTENNIAL INSURANCE COMPANY Defendants CIVIL ACTION DOCKET NO.: 05-3376 CERTIFICATE OF SERVICE I, Nancy E. Longo, Esquire, of Gennet, Kallmann, Antin & Robinson, counsel for Defendant, Centennial Insurance Company, hereby certify that I have this day served a true and correct copy of the described pleading or motion upon the opposing parties at the address listed below: Pleading or Motion served: Answer to Cross Claims of Defendant, St. Paul Reinsurance Company Ltd.; Certificate of Service regarding same. Opposing Party/Counsel: Eric R. Brown, Esquire Marshall, Dennehey, Warner, Coleman & Goggin 1845 Walnut Street Philadelphia, PA 19103 Attorney for Plaintiff George B. Faller, Jr., Esquire Martson, Deardoff, Williams & Otto 10 E. High Street Carlisle, PA 17013 Attorney for Defendants, Clouse Trucking, Inc. and J. Edward Clouse r 1 Certificate of Service, Page No.: 2 Patrick J. Reilly, Esquire Gross, McGinley, LaBarre & Eaton, LLP PO Box 4060 Allentown, PA 18105-4060 Attorney for Defendants, Land O'Lakes, Inc. and Dairy Marketing Services LLC Ronald Collins, Jr., Esquire Wright & O'Donnell 15 East Ridge Pike, Suite 570 Conshohocken, PA 19428 Attorney for Defendant, St. Paul Reinsurance Company, Ltd. Mode of service: First Class Mail GENNET KALLMANN ANTIN & ROBINSON Mark M. idge, Esquire Attorney No.: 34477 Nancy E. Longo, Esquire Attorney ID No.: 91150 101 East Lancaster Avenue, Suite 304 Wayne, Pennsylvania 19087 Telephone (610) 902-0150 Facsimile (610) 902-0152 Attorney for Defendant, Centennial Insurance Company Dated: October 27, 2005 o ?i ?? , : O l}tif ' ?? , • fi.? St.. l ..5;??.:, (? l1 U3? ,' -?! , r_C:_. ?? ..p ,..,? R? ' ? F` a -: < nom' t ^i W . - ?}G ' 1 < d GENNET, KALLMANN, ANTIN & ROBINSON Mark M. Bridge, Esquire Attorney ID No.: 34477 Nancy E. Longo, Esquire Attorney ID No.: 91150 101 East Lancaster Avenue, Suite 304 Wayne, Pennsylvania 19087 Telephone (610) 902-0150 Facsimile (610) 902-0152 Attorneys for Defendant, Centennial Insurance Company UNITED NATIONAL INSURANCE Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY VS. CLOUSE TRUCKING, INC.; J. EDWARD CLOUSE; LAND O'LAKES, INC.; DAIRY MARKETING SERVICES, LLC; ST. PAUL REINSURANCE COMPANY LTD.; and CENTENNIAL INSURANCE COMPANY Defendants Defendant, Centennial Insurance Com CIVIL ACTION DOCKET NO.: 05-3376 ANSWER TO CROSS CLAIMS OF ST. PAUL REINSURANCE COMPANY LTD. pany, by and through its counsel, Gennet, Kallmann, Antin & Robinson, P.C., hereby sets forth its Answer to Cross Claims of Defendant, St. Paul Reinsurance Company, Ltd., as follows: 40.42. Denied, as conclusions of law to which no response is required. WHEREFORE, Defendant, Centennial Insurance Company, to the extent any allegations are made or relief sought against it, respectfully requests that this Court enter judgment in its favor, together with interest, costs and attorney's fees, and grant such further legal and equitable relief as may be appropriate, and dismiss any and all claims against Defendant with prejudice. GErNNET, KALLMANN, ANTIN, & ROBINSON Mark M. ridge, Esquir Attorney No.: 34477 Nancy E. Longo, Esquire Attorney ID No.: 91150 Attorney for Attorney for Defendant, Centennial Insurance Company Dated: October 27, 2005 c ra ? - r °cs ° ri rnt rn?=, ? r ? ,. ,' w ?.,;, ?', (% ?. ..?- ';:fir i - -'ri : ( 'l C.J f7 , C.- W , 1 ?" S{ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW UNITED NATIONAL INSURANCE COMPANY, Plaintiff, No: 05-3376 V. CLOUSE TRUCKING, INC., J. EDWARD CLOUSE, LAND O'LAKES, INC., ST. PAUL REINSURANCE COMPANY LTD, DAIRY MARKETING SERVICES, LLC and CENTENNIAL INSURANCE COMPANY, Defendants. Jury Trial Demanded NOTICE TO PLEAD YOU ARE HEREBY NOTIFIED TO FILE A WRITTEN RESPONSE TO THE ENCLOSED NEW MATTER AND NEW MATTER CROSSCLAIMS WITHIN TWENTY (20) DAYS FROM THE SERVICE HEREOF OR A JUDGMENT MAY BE ENTERED AGAINST YOU. THE SAME IS HEREBY CERTIFIED TO BE A TRUE AND CORRECT COPY OF THE ORIGINAL ON FILE. DATE: ? (ll f GROSS, Me Y, LaBARRE & EATON, LLP BY PAT J. REILLY ID #: 32235 KIMBERLY A. SPOTTS-KIMMEL ID #: 84343 Attorneys for Defendants, Land O'Lakes, Inc. and Dairy Marketing Services, Inc. 33 South 7th Street PO Box 4060 Allentown, PA 18105-4060 (610) 820-5450 W \WDOX\C LIENTS\1o1\unlted\00I 09163.DOC IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW UNITED NATIONAL INSURANCE COMPANY, No: 05-3376 Plaintiff, V. Jury Trial Demanded CLOUSE TRUCKING, INC., J. EDWARD CLOUSE, LAND O'LAKES, INC., ST. PAUL REINSURANCE COMPANY LTD, DAIRY MARKETING SERVICES, LLC and CENTENNIAL INSURANCE COMPANY, Defendants. DEFENDANTS LAND O'LAKES INC.'S AND DAIRY MARKETING SERVICES LLC'S ANSWER AND NEW MATTER TO PLAINTIFF'S COMPLAINT FOR DECLARATORY JUDGMENT AND NEW MATTER CROSSCLAIMS AGAINST ALL DEFENDANTS AND NOW, comes Defendant Land O'Lakes, Inc. and Dairy Marketing Services, LLC, by and through their counsel, Patrick J. Reilly, Esquire, and Gross, McGinley, LaBarre and Eaton, LLP, and hereby file this Answer and New Matter to the Complaint for Declaratory Judgment and in support thereof, avers as follows: 1. Denied. Defendants Land O'Lakes, Inc. and Dairy Marketing Services, LLC (-'Answering Defendants") are without knowledge or information sufficient to form a belief as to the truth of the allegations set forth in Paragraph I and strict proof regarding the same is hereby demanded by trial. 2. Admitted. 3. Admitted. 1 4. Admitted in part and denied in part. It is admitted only that Defendant Land O'Lakes, Inc. is a Minnesota agricultural cooperative corporation authorized to conduct business within the Commonwealth of Pennsylvania, with a local address of 405 Park Drive, Carlisle, Pennsylvania 17013. All the remaining allegations are denied as they concern a conclusion of law to which no response is required under the Pennsylvania Rules of Civil Procedure. 5. Admitted in part and denied in part. It is admitted only that Defendant Dairy Marketing Services, LLC is a limited liability corporation doing business in the Commonwealth of Pennsylvania with offices located at P.O. Box 4814, Syracuse, New York 13221. All the remaining allegations within Paragraph 5 are denied as they concern a conclusion of law to which no response is required under the Pennsylvania Rules of Civil Procedure. 6. Denied. Answering Defendants are without knowledge or information sufficient to form a belief as the truth of the allegations set forth in Paragraph 6 and strict proof regarding the same is hereby demanded by trial. 7. Denied. Answering Defendants are without knowledge or information sufficient to form a belief as the truth of the allegations set forth in Paragraph 7 and strict proof regarding the same is hereby demanded by trial. 8. Denied. Paragraph 8 concerns a conclusion of law to which no response is required under the Pennsylvania Rules of Civil Procedure. 9. Denied. Paragraph 9 concerns a conclusion of law to which no response is required under the Pennsylvania Rules of Civil Procedure. By way of further response, the allegations concern a written document that speaks for itself, and is lieu of Plaintiff United National Insurance Company's ("Plaintiff') characterizations and summaries thereof, reference should be made to the document in its entirety. 2 10. Denied. Paragraph 10 concerns a written document that speaks for itself and in lieu of Plaintiffs characterizations and summaries thereof reference should be made to the document in its entirety. 11. Denied. Paragraph 11 concerns a written document that speaks for itself and in lieu of Plaintiffs characterizations and summaries thereof reference should be made to the document in its entirety. 12. Denied. Paragraph 12 concerns a written document that speaks for itself and in lieu of Plaintiffs characterizations and summaries thereof reference should be made to the document in its entirety. COUNT I- DECLARATORY JUDGMENT 13. Answering Defendants incorporate herein by reference, as if set forth fully at length, their responses to Paragraphs 1 through 12, inclusive, of Plaintiffs Complaint. 14-16. Denied. Answering Defendants are without knowledge or information sufficient to form a belief as the truth of the allegations set forth in Paragraphs 14 through 16 and strict proof regarding the same is hereby demanded by trial. By way of further response, Paragraphs 14 through 16 concern a written document that speaks for itself and in lieu of Plaintiffs characterizations and summaries thereof reference should be made to the document in its entirety. Furthermore, said paragraphs do not concern Answering Defendants and, therefore, no response is required. 17-26. Denied. Paragraphs 17 through 26 do not concern Answering Defendants and, therefore, no response is required. WHEREFORE, Answering Defendants Land O'Lakes, Inc. and Dairy Marketing Services, LLC, to the extent any allegations and claims are made against Answering Defendants, for any relief 3 sought against them, respectfully request that this Honorable Court enter an Order dismissing any and all claims, by any and all parties, against Answering Defendants with prejudice. NEW MATTER 27. Answering Defendants incorporate herein by reference, as if set forth fully at length, their responses to Paragraphs 1 through 26, inclusive, of Plaintiff's Complaint. 28. Plaintiff fails to state a cause of action upon which relief can be granted. 24. Plaintiff s claims are barred by the Statute of Limitations and the Doctrine of Laches. 30. Plaintiffs claims are barred by the Doctrine of Waiver. 31. Plaintiff s claims are barred by the Doctrine of Collateral Estoppel. 32. Answering Defendants are not responsible and have no liability for any claims asserted by any parties in this action, nor do they owe any party to this action any obligation of insurance coverage. 33. Answering Defendants owe no legal obligation to any party to this action for any claims asserted, or that may be asserted, in connection with any incident relating to this lawsuit. WHEREFORE, Answering Defendants Land O'Lakes, Inc. and Dairy Marketing Services, LLC, to the extent any allegations or claims are made against Answering Defendants, or any relief is sought against them, respectfully request that this Honorable Court enter an Order dismissing any and all claims, by any party, against Answering Defendants with prejudice. NEW MATTER CROSSCLAIMS 34. Answering Defendants incorporate herein by reference, as if set forth fully at length, their responses to Paragraphs 1 through 26, of Plaintiffs Complaint, and Paragraphs 27 through 33 of Answering Defendants' New Matter. 4 35. Without admitting the veracity of the allegations contained in the Complaint of Plaintiff, Answering Defendants contends that, to the extent Plaintiff sustained any injuries, losses and/or damages as alleged, any such injuries, losses and/or damages are attributable solely to the conduct of Co-Defendants Clouse Trucking, Inc., J. Edward Clouse, St. Paul Reinsurance Company Ltd., and/or Centennial Insurance Company. 36. In the event it is judicially determined that Answering Defendants are liable to Plaintiff, the existence of any liability being denied, then Answering Defendants demand judgment in their favor and against Co-Defendants, Clouse Trucking, Inc., J. Edward Clouse, St. Paul Reinsurance Company Ltd., and/or Centennial Insurance Company, rendering them solely liable to Plaintiff. WHEREFORE, Answering Defendants Land O'Lakes, Inc. and Dairy Marketing Services, LLC, respectfully request that this Honorable Court enter judgment in their favor and against Co- Defendants Clouse Trucking, Inc., J. Edward Clouse, St. Paul Reinsurance Company Ltd., and Centennial Insurance Company, together with interest, costs and attorneys' fees, and grant such further legal and equitable as may be appropriate. Respectfully submitted, GROSS, McGRl LIW, LaBARRE & EATON, LLP BY: PAT CKYRETLLY ID #: 235 KIMBERLY A. SPOTTS-KIMMEL ID #: 84343 Attorneys for Defendants, Land O'Lakes, Inc. and Dairy Marketing Services, Inc. 33 South 7th Street, PO Box 4060 Allentown, PA 18105-4060 (610) 820-5450 W AW DOX\CLIEN TS\Iol\united\00108946.DOC 5 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW UNITED NATIONAL INSURANCE COMPANY, Plaintiff, No: 05-3376 V. CLOUSE TRUCKING, INC., J. EDWARD CLOUSE, LAND O'LAKES, INC., ST. PAUL REINSURANCE COMPANY LTD, DAIRY MARKETING SERVICES, LLC and CENTENNIAL INSURANCE COMPANY, Defendants. Jury Trial Demanded VERIFICATION I, Patrick J. Reilly, Esquire, hereby state and verify that the Defendants, Land O'Lakes, Inc.'s and Dairy Marketing Services, LLC's, Verification cannot be obtained within the time allowed for filing of DEFENDANTS LAND O'LAKES, INC.'S AND DAIRY MARKETING SERVICES, LLC'S ANSWERANDNEW MATTER TO PLAINT'IFF'S COMPLAINT FOR DECLARATORY JUDGMENT AND NEW MATTER CROSSCLAIMS AGAINST ALL DEFENDANTS. Therefore, pursuant to Pa.R.C.P. 1024, I am authorized to make this Verification on behalf of the Defendants and the facts set forth in the foregoing Answer, New Matter and New Matter Crossclaims are true and correct based upon my knowledge, belief and information provided to me by Defendants. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. ' 4904, relating to unsworn falsification to authorities. Patrick J. Reil quire Attorney for Defendants, Land O'Lakes, Inc. and Dairy Marketing Services, LLC Date: f i ]t f 31 ~ W:AWDOXVCLIENTS\1o1AunitedV00t09236.DOC IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW UNITED NATIONAL INSURANCE COMPANY, Plaintiff, V. No: 05-3376 Jury Trial Demanded CLOUSE TRUCKING, INC., J. EDWARD CLOUSE, LAND O'LAKES, INC., ST. PAUL REINSURANCE COMPANY LTD, DAIRY MARKETING SERVICES, LLC and CENTENNIAL INSURANCE COMPANY, Defendants. CERTIFICATE OF SERVICE This is to certify that DEFENDANTS LAND O'LAKES, INC.' S AND DAIRY MARKETING SERVICES, LLC'S ANSWER AND NEW MATTER TO PLAINTIFF'S COMPLAINT FOR DECLARATORY JUDGMENT AND NEW MATTER CROSSCLAIMS AGAINST ALL DEFENDANTS, was mailed by first class United States mail, postage paid, this 1? day of November 2005, upon the following: Eric R. Brown, Esquire Marshall, Dennehey, Warner, Coleman & Goggin 1845 Walnut Street Philadelphia, PA 19103 Attorney far Plaintiff George B. Faller, Jr., Esquire Martson, Deardoff, William & Otto 10 East High Street Carlisle, PA 17013 Attorney for Defendants, Clouse Trucking, Inc. and T. Edward Clouse Ronald Collins, Jr., Esquire Wright & O'Donnell 15 East Ridge Pike, Suite 570 Conshohocken, PA 19428 Attorney for Defendant, St. Paul Reinsurance Company, Ltd. Mark M. Bridge, Esquire Nancy E. Longo, Esquire Gennet, Kallman, Antin & Robinson 101 East Lancaster Avenue, Suite 304 Wayne, PA 19087 Attorneys for Defendant, Centennial Insurance Company E & EATON, LLP GROSS, MCG7r?7 BY: PATRI EILL Y,ESQUIRE I.D. #32235 KIMBERLY A. SPOTTS-KIMMEL, ESQUIRE I.D.#84343 Attorneys for Defendants, Dairy Marketing Services, 33 South 7th Street Land O'Lakes, Inc. and LLC PO Box 4060 Allentown, PA 18105-4060 (610) 820-5450 W:AWDOXVCLIENTS\IolAunitedA00109023.DOC C r, m ?c v r> m -rn " Y -{ CrJ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW UNITED NATIONAL INSURANCE COMPANY, No: 05-3376 Plaintiff, V. Jury Trial Demanded CLOUSE TRUCKING, INC., J. EDWARD CLOUSE, LAND O'LAKES, INC., ST. PAUL REINSURANCE COMPANY LTD, DAIRY MARKETING SERVICES, LLC and CENTENNIAL INSURANCE COMPANY, Defendants. ANSWER OF DEFENDANTS LAND OTAKES. INC. AND DAIRY MARKETING SERVICES LLC TO THE CROSSCLAIM OF DEFENDANT ST. PAUL REINSURANCE COMPANY LTD. AND NOW, comes Defendants Land O'Lakes, Inc. and Dairy Marketing Services, LLC, by and through their counsel, Patrick J. Reilly, Esquire, and Gross, McGinley, LaBarre & Eaton, LLP, and hereby file this Answer to the Crossclaim of Defendant St. Paul Reinsurance Company Ltd. as follows: 40. Defendants Land O'Lakes, Inc. and Dairy Marketing Services, LLC ("Answering Defendants") incorporate by reference herein, as if set forth fully at length, their responses to Paragraphs 1 through 26 of the Complaint filed by Plaintiff United National Insurance Company ("Plaintiff'), Paragraphs 27 through 33 of their New Matter to the Complaint, and Paragraphs 34 through 36 of their New Matter Crossclaim. 41-42. Denied. None of the allegations asserted by Defendant St. Paul Reinsurance Company Ltd. ("Crossclaim Defendant") concern Answering Defendants, whom are the plaintiffs in the action 1 filed with the Court of Common Pleas of Cumberland County at Land O'Lakes, Inc. and Dairv Marketing Services, LLC v. Clouse Trucking Company Inc Cloverland Dairy Limited Partnership a Maryland Limited Partnershin J Edward Clouse and Daniel Fox, No. 03-2783, Civil Term (Pa.c.P. Cumberland County) and therefore, no response is required by Answering Defendants. Defendant St. Paul Reinsurance Company Limited has improperly requested that this Honorable Court cuter judgment against Answering Defendants, whom have no duty or responsibility, including any insurance obligation or any liability whatsoever to any party with respect to the declaratory judgment action commenced by Plaintiff. WHEREFORE, Answering Defendants Land O'Lakes, Inc. and Dairy Marketing Services, LLC, to the extent any allegations are made against Answering Defendants, or any relief is sought against them, respectfully request that this Honorable Court enter an Order dismissing any and all claims or crossclaims, by any party, against Answering Defendants with prejudice. Respectfully submitted, GROSS, McVllI LEY, LaBARRE & EATON, LLP BY: PAXRICK J. REILLY IDS 32235 KIMBERLY A. SPOTTS-KIMMEL ID #: 84343 Attorneys for Defendants, Land O'Lakes, Inc. and Dairy Marketing Services, Inc. 33 South 7th Street PO Box 4060 Allentown, PA 18105-4060 (610) 820-5450 Date: "k (! W:\ W DOX\CLI EN'l-Sllol\united100109176.DOC 2 it ?I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW UNITED NATIONAL INSURANCE COMPANY, Plaintiff, No: 05-3376 V. CLOUSE TRUCKING, INC., J. EDWARD CLOUSE, LAND O'LAKES, INC., ST. PAUL REINSURANCE COMPANY LTD, DAIRY MARKETING SERVICES, LLC and CENTENNIAL INSURANCE COMPANY, Defendants. Jury Trial Demanded VERIFICATION I, Patrick J. Reilly, Esquire, hereby state and verify that the Defendants, Land O'Lakes, Inc.'s and Dairy Marketing Services, LLC's, Verification cannot be obtained within the time allowed for filing of the ANSWER OF DEFENDANTS LAND O'LAKES, INC.'S AND DAIRY MARKETING SERVICES, LLC'S TO THE CROSSCLAIM OF DEFENDANT ST. PAUL REINSURANCE COMPANY LTD. Therefore, pursuant to Pa.R.C.P. 1024, I am authorized to make this Verification on behalf of the Defendants and the facts set forth in the foregoing Answer to Crossclaim are true and correct based upon my knowledge, belief and information provided to me by Defendants. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. ' 4904, relating to unsworn falsification to authorities. Patrick J. ill squire Attorney for Defendants, Land O'Lakes, Inc. and Dairy Marketing Services, LLC Date: W:? W DOXICUENTSVokunited\00109236.DOC IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW UNITED NATIONAL INSURANCE COMPANY, Plaintiff, No: 05-3376 V. CLOUSE TRUCKING, INC., J. EDWARD CLOUSE, LAND O'LAKES, INC., ST. PAUL REINSURANCE COMPANY LTD, DAIRY MARKETING SERVICES, LLC and CENTENNIAL INSURANCE COMPANY, Defendants. Jury Trial Demanded CERTIFICATE OF SERVICE This is to certify that the foregoing ANSWER OF DEFENDANTS LAND O'LAKES, INC.'S AND DAIRY MARKETING SERVICES, LLC'S TO THE CROSSCLAIM OF DEFENDANT ST. PAUL REINSURANCE COMPANY LTD., was mailed by first class United States mail, postage paid, this +5t day of November 2005, upon the following: Eric R. Brown, Esquire Marshall, Dennehey, Warner, Coleman & Goggin 1845 Walnut Street Philadelphia, PA 19103 Attorney for Plaintiff George B. Faller, Jr., Esquire Martson, Deardoff, William & Otto 10 East High Street Carlisle, PA 17013 Attorney for Defendants, Clouse Trucking, Inc. and J. Edward Clouse Ronald Collins, Jr., Esquire Wright & O'Donnell 15 East Ridge Pike, Suite 570 Conshohocken, PA 19428 Attorney for Defendant, St. Paul Reinsurance Company, Ltd. Mark M. Bridge, Esquire Nancy E. Longo, Esquire Gennet, Kallman, Antin & Robinson 101 East Lancaster Avenue, Suite 304 Wayne, PA 19087 Attorneys for Defendant, Centennial Insurance Company GROSS, McGINLJEY,/LaBARRE & EATON, LLP BY: PATRTrlI J.OEILLY--E-SQUIRE LD. #32233' KIMBERLY A. SPOTTS-KIMMEL, ESQUIRE LD. #84343 Attorneys for Defendants, Land O'Lakes, Inc. and Dairy Marketing Services, LLC 33 South 7th Street PO Box 4060 Allentown, PA 18105-4060 (610) 820-5450 ?? W:AWDOXVCLIENTSV1o1AumtedA00109023, DOC r „r G) _T > 'mil i 'it W IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW UNITED NATIONAL INSURANCE COMPANY, Plaintiffs, No: 05-3376 V. CLOUSE TRUCKING, INC. J. EDWARD CLOUSE, LAND O'LAKES, INC., ST. PAUL REINSURANCE COMPANY LTD, DAIRY MARKETING SERVICES, LLC and CENTENNIAL INSURANCE COMPANY, Defendants Jury Trial Demanded ANSWER OF DEFENDANTS LAND O'LAKES, INC. AND DAIRY MARKETING SERVICES, LLC. TO THE CROSSCLAIM OF DEFENDANT CENTENNIAL INSURANCE COMPANY AND NOW, comes Defendants Land O'Lakes, Inc. and Dairy Marketing Services, LLC, by and through their counsel, Patrick J. Reilly, Esquire, and Gross, McGinley, LaBarre & Eaton, LLP, and hereby file this Answer to the Crossclaim of Defendant Centennial Insurance Company as follows: 1. Defendants Land O'Lakes, Inc. and Direct Marketing Services, LLC ("Answering Defendants") incorporate by reference herein, as if set forth fully at length, their responses to Paragraphs 1 through 26 of the Complaint filed by Plaintiff United National Insurance Company ("Plaintiff'), Paragraphs 27 through 33 of their New Matter to the Complaint, and Paragraphs 34 through 36 of their New Matter Crossclaim. 2 - 13. Denied. None of the allegations asserted by Defendant Centennial Insurance Company concern Answering Defendants, whom are the plaintiffs in the action filed in the Court of Common Pleas of Cumberland county at Land O'Lakes, Inc. and Dairy Marketing Services, LLC v. Clouse Trucking Company, Cloverland Dairy Limited Partnership, a Maryland Limited Partnership, J. Edward Clouse and Daniel Fox, No: 03-2783, Civil Term (Pa. C.P. Cumberland County), and therefore, no response is required by Answering Defendants. Defendant Centennial Insurance Company has improperly requested that this Honorable Court enter Judgment against Answering Defendants, whom have no duty or responsibility, including any insurance obligation, or any liability whatsoever to any party with respect to the instant lawsuit. WHEREFORE, Defendants Land O'Lakes, Inc. and Dairy Marketing Services, LLC, to the extent any allegations are made against Answering Defendants, or any relief is sought against them, respectfully request that this Honorable Court enter an Order dismissing any and all claims and crossclaims, by any party, against Answering Defendant with prejudice. Respectfully submitted, GROSS, MCGIN LaBARRE & EATON, LLP BY: ??- - PAT CK . REILLY ID #: 32235 KIMBERLY A. SPOTTS-KIMMEL ID #: 84343 Attorneys for Defendants 33 South 7th Street PO Box 4060 Allentown, PA 18105-4060 (610) 820-5450 Date: j "} W:\W DOX\CLI ENTS\1o1\united\00109004. DOC 2 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW UNITED NATIONAL INSURANCE COMPANY, No: 05-3376 Plaintiff, v. CLOUSE TRUCKING, INC., J. EDWARD CLOUSE, LAND O'LAKES, INC., ST. PAUL REINSURANCE COMPANY LTD, DAIRY MARKETING SERVICES, LLC and CENTENNIAL INSURANCE COMPANY, Defendants. Jury Trial Demanded VERIFICATION I, Patrick J. Reilly, Esquire, hereby state and verify that the Defendants, Land O' Lakes, Inc.'s and Dairy Marketing Services, LLC's, Verification cannot be obtained within the time allowed for filing of the ANSWER OF DEFENDANTS LAND O'LAKES, INC. AND DAIRY MARKETING SERVICES, LLC TO THE CROSSCLAIM OF DEFENDANT CENTENNIAL INSURANCE COMPANY. Therefore, pursuant to Pa.R.CP. 1024, 1 am authorized to make this Verification on behalf of the Defendants and the facts set forth in the foregoing Answer to Crossclaim are true and correct based upon my knowledge, belief and information provided to me by Defendants. 1 understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. ' 4904, relating to unswom falsification to authorities. Patrick J illy, ksquire Attorney for Defendants, Land O'Lakes, Inc. and Dairy Marketing Services, LLC Date: of /,, U W:AWDOXVCLIENISVIo1AunftedA00109236. DOC IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW UNITED NATIONAL INSURANCE COMPANY, Plaintiff, No: 05-3376 V. CLOUSE TRUCKING, INC., J. EDWARD CLOUSE, LAND O'LAKES, INC., ST. PAUL REINSURANCE COMPANY LTD, DAIRY MARKETING SERVICES, LLC and CENTENNIAL INSURANCE COMPANY, Defendants. Jury Trial Demanded CERTIFICATE OF SERVICE This is to certify that the foregoing ANSWER OF DEFENDANTS LAND O'LAKES, INC. AND DAIRY MARKETING SERVICES, LLC TO THE CROSSCLAIM OF DEFENDANT CENTENNIAL INSURANCE COMPANY, was mailed by first class United States mail, postage paid, 1 this k day of November 2005, upon the following: Eric R. Brown, Esquire Marshall, Dennehey, Warner, Coleman & Goggin 1845 Walnut Street Philadelphia, PA 19103 Attorney for Plaintiff George B. Faller, Jr., Esquire Martson, Deardoff, William & Otto 10 East High Street Carlisle, PA 17013 Attorney for Defendants, Clouse Trucking, Inc. and J Edward Clouse Ronald Collins, Jr., Esquire Wright & O'Donnell 15 East Ridge Pike, Suite 570 Coshohocken, PA 19428 Attorney for Defendant, St. Paul Reinsurance Company, Ltd. Mark M. Bridge, Esquire Nancy E. Longo, Esquire Gennet, Kallman, Antin & Robinson 101 East Lancaster Avenue, Suite 304 Wayne, PA 19087 Attorneys for Defendant, Centennial Insurance Company GROSS, McGINI?EJY, LaBARRE & EATON, LLP BY: PATRICK Y. REILLY, ESQUIRE I.D. 932235 KIMBERLY A. SPOTTS-KIMMEL, ESQUIRE I.D.#84343 Attorneys for Defendants, Land O'Lakes, Inc. and Dairy Marketing Services, LLC 33 South 7th Street PO Box 4060 Allentown, PA 1 8 1 05-4060 (610) 820-5450 W:\ W DOX\CLIENTS\1o1\united\00109023. DOC r, ? C? n o r --1 t , ?? ' `? ? - ?`'' `-?C?, i ? - "i'. -4i .. '"• S.y f7 . ? ?`? _ W N ?? GENNET, KALLMANN, ANTIN & ROBINSON Mark M. Bridge, Esquire Attorney ID No.: 34477 Nancy E. Longo, Esquire Attorney ID No.: 91150 101 East Lancaster Avenue, Suite 304 Wayne, Pennsylvania 19087 Telephone (610) 902-0150 Facsimile (610) 902-0152 Attorneys for Defendant, Centennial Insurance Company UNITED NATIONAL INSURANCE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY VS. CIVIL ACTION CLOUSE TRUCKING, INC.; J. EDWARD DOCKET NO.: 05-3376 CLOUSE; LAND O'LAKES, INC.; DAIRY MARKETING SERVICES, LLC; ST. PAUL ANSWER TO CROSS CLAIMS REINSURANCE COMPANY LTD.; and OF LAND O'LAKES, INC. AND CENTENNIAL INSURANCE COMPANY DAIRY MARKING SERVICES, Defendants LLC Defendant, Centennial Insurance Company, by and through its counsel, Gennet, Kallmann, Antin & Robinson, P.C., hereby sets forth its Answer to Cross Claims of Defendant, Land O'Lakes, Inc. and Dairy Marketing Services, LLC, as follows: 34. Answering Defendant incorporates by reference herein its responses to Paragraphs 1 through 26 of Plaintiff's Complaint and its New Matter Cross Claims as if set forth more fully herein. 35.-36. Denied, as conclusions of law to which no response is required. WHEREFORE, Defendant, Centennial Insurance Company, to the extent any allegations are made or relief sought against it, respectfully requests that this Court enter judgment in its favor, together with interest, costs and attorney's fees, and grant such further legal and equitable relief as may be appropriate, and dismiss any and all claims against Answering Defendant with prejudice. GENNET, KALLMANN, ANTIN, & ROBINSON Mark M ridge, Esqu' Attorue ID No.: 3447 Nancy E. Longo, Esquire Attorney ID No.: 91150 Attorney for Attorney for Defendant, Centennial Insurance Company Dated: November 14, 2005 Wayne, Pennsylvania 19087 Telephone (610) 902-0150 Facsimile (610) 902-0152 Attorney for Defendant, Centennial Insurance Company Nancy E. Longo, Esquire Attorney ID No.: 91150 101 East Lancaster Avenue, Suite 304 GENNET, KALLMANN, ANTIN & ROBINSON Mark M. Bridge, Esquire Attorney ID No.: 34477 UNITED NATIONAL INSURANCE Plaintiff VS. COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL ACTION CLOUSE TRUCKING, INC.; J. EDWARD DOCKET NO.. 05-3376 CLOUSE; LAND O'LAKES, INC.; DAIRY MARKETING SERVICES, LLC; ST. PAUL REINSURANCE COMPANY LTD.; and CENTENNIAL INSURANCE COMPANY Defendants CERTIFICATE OF SERVICE I, Nancy E. Longo, Esquire, of Gennet, Kallmann, Antin & Robinson, counsel for Defendant, Centennial Insurance Company, hereby certify that I have this day served a true and correct copy of the described pleading or motion upon the opposing parties at the address listed below: Pleading or Motion served: Answer to Cross Claims of Defendants, Land O'Lakes, Inc. and Dairy Marketing Services, LLC; Certificate of Service regarding same. Opposing Party/Counsel: Eric R. Brown, Esquire Marshall, Dennehey, Warner, Coleman & Goggin 1845 Walnut Street Philadelphia, PA 19103 Attorney for Plaintiff George B. Faller, Jr., Esquire Martson, Deardoff, Williams & Otto 10 E. High Street Carlisle, PA 17013 Attorney for Defendants, Clouse Trucking, Inc. and J. Edward Clouse r -+ Certificate of Service, Page No.: 2 Patrick J. Reilly, Esquire Gross, McGinley, LaBarre & Eaton, LLP PO Box 4060 Allentown, PA 18105-4060 Attorney for Defendants, Land O'Lakes, Inc. and Dairy Marketing Services LLC Ronald Collins, Jr., Esquire Wright & O'Donnell 15 East Ridge Pike, Suite 570 Conshohocken, PA 19428 Attorney for Defendant, St. Paul Reinsurance Company, Ltd. Mode of service: First Class Mail GENNET KALLMANN ANTIN & ROBINSON Telephone (610) 902-0150 Facsimile (610) 902-0152 Attorney for Defendant, Centennial Insurance Company Mark M. ridge, Esquir Attorney D No.: 34477 Nancy E. Longo, Esquire Attorney ID No.: 91150 101 East Lancaster Avenue, Suite 304 Wayne, Pennsylvania 19087 Dated: November 14, 2005 ''-', t ?~ ?`ur` .--? rsti; ?, _? .. ?t C> --' _?l'r ?; .-.7 : ?; ?j ?_, LS° IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW UNITED NATIONAL INSURANCE COMPANY.. Plaintiff, V, CLOUSE TRUCKING, INC., J. EDWARD CLOUSE, LAND O'LAKES, INC., ST. PAUL REINSURANCE COMPANY LTD, DAIRY MARKETING SERVICES, LLC and CENTENNIAL INSURANCE COMPANY, Defendants. No: 05-3376 Jury Trial Demanded PRAECIPE TO SUBSTITUTE VERIFICATIONS TO THE CLERK OF THE SAID COURTS: Kindly substitute the attached Verifications to the following documents: Answer of Defendants Land O'Lakes, Inc. and Dairy Marketing Services, LLC to the Crossclaim of Defendant Centennial Insurance Company; 2. Answer of Defendants Land O'Lakes, Inc. and Dairy Marketing Services, LLC to the Crossclaim of Defendant St. Paul Reinsurance Compant Ltd.; and Defendant Land O'Lakes and Dairy Marketing Services, LLC's Answer and New Matter to Plaintiff s Complaint for Declaratory Judgment and New Matter Crossclaints Against all Defendants. The aforementioned documents were filed with the Court on November 3, 2005. Date: t S ?o GROSS, McG LE, , LaBARRE & EATON, LLP BY: PAT ILLY, ESQUIRE Attorney for Defendants, Land O'Lakes, Inc. And Dairy Marketing Services, LLC 33 South 7th Street, PO Box 4060 Allentown, PA 18105-4060 Phone: (610) 820-5450 Fax: (610) 820-6006 I.D. #32235 W':1W'DOXVCLIENTSgollunitedAOol 10706.DGC IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW UNITED NATIONAL INSURANCE COMPANY, No: 05-3376 Plaintiff, V. Jury Trial Demanded CLOUSE TRUCKING, INC., J. EDWARD CLOUSE, LAND O'LAKES, INC., ST. PAUL REINSURANCE COMPANY LTD, DAIRY MARKETING SERVICES, LLC and CENTENNIAL INSURANCE COMPANY, Defendants. VERIFICATION I, Dennis Schad, hereby state and verify that I am the tYG! na v s ^?' r cgf Land O' Lakes, Inc., that I am authorized to make this Verification on behalf of said corporation, and that the facts set forth in the foregoing ANSWER OF DEFENDANTS LAND O'LAKES, INC. AND DAIRY MARKETING SERVICES, LLC TO THE CROSSCLAIM OF DEFENDANT CENTENNIAL INSURANCE COMPANY are true and correct, based upon personal knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unsworn falsification to authorities. LAND O' V A ES, INC. ?? r, 1? JJ BY: /' l"h'r-A Date:?l? Lo ? Dennis Schad United National v. LOL W:A W DOXVCLIENTSVlolAunitedA00109372.DOC IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW UNITED NATIONAL INSURANCE ) COMPANY, ) No: 05-3376 Plaintiff, ) V. ) Jury Trial Demanded CLOUSE TRUCKING, INC., J. EDWARD ) CLOUSE, LAND O'LAKES, INC., ST. ) PAUL REINSURANCE COMPANY LTD, ) DAIRY MARKETING SERVICES, LLC ) and CENTENNIAL INSURANCE ) COMPANY, ) Defendants. ) ICATI I, Dennis Schad, hereby state and verify that I am the ! ? , ? rt of Land O' Lakes, Inc., that I am authorized to make this Verification on behalf of said corporation, and that the facts set forth in the foregoing ANSWER OF DEFENDANTS LAND O'LAKES, INC. AND DAIRY MARKETING SERVICES, LLC TO THE CROSSCLAIM OF DEFENDANT ST. PAUL REINSURANCE COMPANY LTD. are true and correct, based upon personal knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unsworn falsification to authorities. LA: Date: ' G United National v- LOU W:AWDOXVCLIEN"rSVlolAunitedA00109372.DOC BY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION- LAW UNITED NATIONAL INSURANCE COMPANY, No: 05-3376 Plaintiff, V. Jury Trial Demanded CLOUSE TRUCKING, INC., J. EDWARD CLOUSE, LAND O'LAKES, INC., ST. PAUL REINSURANCE COMPANY LTD, DAIRY MARKETING SERVICES, LLC and CENTENNIAL INSURANCE COMPANY, Defendants. VERIFICATION I, Dennis Schad, hereby state and verify that I am th> Y a of Land O' Lakes, Inc., that I am authorized to make this Verification on behalf of said corporation, and that the facts set forth in DEFENDANTS LAND O'LAKES, INC. AND DAIRY MARKETING SERVICES, LLC'S ANSWER AND NEW MATTER TO PLAINTIFF'S COMPLAINT FOR DECLARATORY JUDGMENT AND NEW MATTER CROSSCLAIMS AGAINST ALL DEFENDANTS. are true and correct, based upon personal knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unsworn falsification to authorities. LAND O 'AKES, INC. BY: 9 Dennis Schad Date: 6 G United National v. 1,01. W:AWDOXVCLIENTSVIolAunitedA00109372.DOC IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW UNITED NATIONAL INSURANCE COMPANY, Plaintiff, No: 05-3376 V. CLOUSE TRUCKING, INC., J. EDWARD CLOUSE, LAND O'LAKES, INC., ST. PAUL REINSURANCE COMPANY LTD, DAIRY MARKETING SERVICES, LLC and CENTENNIAL INSURANCE COMPANY, Defendants. Jury Trial Demanded CERTIFICATE OF SERVICE This is to certify that the foregoing PRAECIPE TO SUBSTITUTE VERIFICATIONS was mailed by first class United States mail, postage paid, this ? day of November 2005, upon the following: Eric R. Brown, Esquire Marshall, Dennehey, Warner, Coleman & Goggin 1845 Walnut Street Philadelphia, PA 19103 Attorney for Plaintiff George B. Faller, Jr., Esquire Martson, Deardoff, William & Otto 10 East High Street Carlisle, PA 17013 Attorney for Defendants, Clouse Trucking, Inc. and J. Edward Clouse Ronald Collins, Jr., Esquire Wright & O'Donnell 15 East Ridge Pike, Suite 570 Conshohocken, PA 19428 Attorney for Defendant, St. Paul Reinsurance Company, Ltd. Mark M. Bridge, Esquire Nancy E. Longo, Esquire Gennet, Kallman, Antin & Robinson 101 East Lancaster Avenue, Suite 304 Wayne, PA 19087 Attorneys for Defendant, Centennial Insurance Company GROSS, Mc L Y, LaBARRE & EATON, LLP BY: P RICK J. REILLY, ESQUIRE I.D. #32235 KIMBERLY A. SPOTTS-KIMMEL, ESQUIRE I.D. #84343 Attorneys for Defendants, Land O'Lakes, Inc. and Dairy Marketing Services, LLC 33 South 7th Street PO Box 4060 Allentown, PA 18105-4060 Phone: (610) 820-5450 Fax: (610) 820-6006 W:AWDOXVCLIENTSVlolAunftedAOOtO9023.DOC C? "r'' ry C_ .-i W _?.. T ` ??.. ? _? l '7 (A c.. : ' .. to 1 WRIGHT & O'DONNELL, P.C. BY: Ronald S. Collins, Jr., Esquire Identification No. 66906 15 East Ridge Pike, Suite 570 Conshohocken, PA 19428 (610) 940-4092 Attorneys for Defendant St. Paul Reinsurance Company Limited IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION-LAW United National Insurance Company Plaintiff V. Clouse Trucking, Inc., J. Edward Clouse, Land O'Lakes, Inc., Dairy Marketing Services, LLC,: St. Paul Reinsurance Company Limited, and Centennial Insurance Company Defendants No. 05-3376 WITHDRAWAL OF APPEARANCE TO THE PROTHONOTARY: Kindly withdraw my appearance on behalf of Defendant, St. Paul Reinsurance Company Limited, in this matter. WRIGHT & O'DONNELL, P.C. Rona Td S. Collins, J . Date: k/pJ, , 2'D?? , _, "' i ,-> _ = r. _? - i-i? ? - w _ ...A -:? N y . r.? 7 Cs r -- WRIGHT & O'DONNELL, P.C. BY: Sheila E. O'Donnell BY: Timothy A. Kulp Identification Nos. 73323/37898 15 East Ridge Pike, Suite 570 Conshohocken, PA 19428 (610) 940-4092 Attorneys for Defendant St. Paul Reinsurance Company Limited IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION-LAW United National Insurance Company Plaintiff No. 05-3376 V. Clouse Trucking, Inc., J. Edward Clouse, Land O'Lakes, Inc., Dairy Marketing Services, LLC,: St. Paul Reinsurance Company Limited, and Centennial Insurance Company Defendants ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter our appearance on behalf of Defendant St. Paul Reinsurance Company Limited in this matter. WRIGHT & O'DONNELL, P.C. BY: Sheila E. O'Donnell Timothy A. Kulp l Gy?o? Date.. -17 c, . CERTIFICATE OF SERVICE I, Timothy A. Kulp, Esquire, attorney for Defendant St. Paul Reinsurance Company Limited, certify that a true and correct copy of the Withdrawal of Appearance of Ronald S. Collins, Jr., Esquire, and the Entry of Appearance of Timothy A. Kulp, Esquire, was served via first class U.S. mail, postage prepaid, on the following parties: Eric R. Brown, Esquire Marshall, Dennehey, Warner, Coleman & Goggin 1845 Walnut Street Philadelphia, PA 19103 Attorney for Plaintiff George B. Faller, Jr., Esquire Martson, Deardoff, Williams & Otto 10 East High Street Carlisle, PA 17013 Attorney for Defendants, Clouse Trucking, Inc., and J. Edward Clouse Patrick J. Reilly, Esquire Gross, McGinley, LaBarre & Eaton, LLP P.O. Box 4060 Allentown, PA 18105-4060 Attorney for Defendants, Land O'Lakes, Inc., and Dairy Marketing Services, LLC Nancy E. Longo, Esquire Gennet, Kallmann, Amin & Robinson 101 E. Lancaster Ave., Suite 304 Wayne, PA 19087 Attorney for Defendant, Centennial Ins. Co. WRIGHT & O'DONNELL, P.C. BY: 3/z3/2k Date: Timothy A. Kulp N J 'til .-1 -qr ?? . `1 :; r.i -, :?) ? ? -, .,f WRIGHT & O'DONNELL, P.C. BY: Sheila E. O'Donnell BY: Timothy A. Kulp Identification Nos. 73323/37898 15 East Ridge Pike, Suite 570 Conshohocken, PA 19428 (610) 940-4092 Attorneys for Defendant, St. Paul Reinsurance Company Limited IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION-LAW United National Insurance Company Plaintiff V. Clouse Trucking, Inc., J. Edward Clouse, Land O'Lakes, Inc., Dairy Marketing Services, LLC,: St. Paul Reinsurance Company Limited, and Centennial Insurance Company Defendants No. 05-3376 ANSWER OF THE DEFENDANT ST. PAUL REINSURANCE COMPANY LIMITED TO THE CROSSCLAIM OF DEFENDANTS, LAND O'LAKES, INC. AND DAIRY MARKETING SERVICES LLC 34. The Answering Defendant adopts its Answer and New Matter as previously filed as its response to paragraph 34. 35. Denied. The Answering Defendant believes and therefore avers that these allegations constitute conclusions of law and/or fact and are otherwise deemed to be at issue pursuant to the pertinent Pennsylvania Rules of Civil Procedure and, therefore, are denied insofar as they may be directed to this Answering Defendant for which strict proof thereof is demanded at trial. 36. Denied. The Answering Defendant believes and therefore avers that these allegations constitute conclusions of law and/or fact and are otherwise deemed to be at issue pursuant to the pertinent Pennsylvania Rules of Civil Procedure and, therefore, are denied insofar as they may be directed to this Answering Defendant for which strict proof thereof is demanded at trial. WHEREFORE, the Defendant, St. Paul Reinsurance Company, Limited, denies that it is liable to the Plaintiff in any manner and further denies that it is liable on the crossclaim as filed by the Defendants Land O'Lakes and Dairy Marketing Services, LLC. Respectfully submitted, WRIGHT & O'DONNELL, P.C. BY: Sheila E. O'Donnell Timothy A. Kulp Date: z1113 A L CERTIFICATE OF SERVICE I, Timothy A. Kulp, Esquire, attorney for Defendant St. Paul Reinsurance Company Limited, certify that a true and correct copy of our Answer to Crossclaim was served via first class U.S. mail, postage prepaid, on the following parties: Eric R. Brown, Esquire Marshall, Dennehey, Warner, Coleman & Goggin 1845 Walnut Street Philadelphia, PA 19103 Patrick J. Reilly, Esquire Gross, McGinley, LaBarre & Eaton, LLP P.O. Box 4060 Allentown, PA 18105-4060 George B. Faller, Jr., Esquire Martson, Deardoff, Williams & Otto 10 East High Street Carlisle, PA 17013 Nancy E. Longo, Esquire Gennet, Kallmann, Antin & Robinson 101 E. Lancaster Ave., Suite 304 Wayne, PA 19087 WRIGHT & O'DONNELL, P.C. BY: Date: ql/3/a Timothy A. Kulp -:. F:\FILES\DATA TLE\G eq Cu tU491.8.pr04 Crc=d. 811105 2:47PM R,vked. 6127/06 1:58PM 3491.8 William P. Douglas, Esquire DOUGLAS LAW OFFICE P.O. Box 261 Carlisle, PA 17013 (717) 243-1790 Attorney for Defendants Clouse Trucking, Inc. and J. Edward Clouse UNITED NATIONAL INSURANCE COMPANY, Plaintiff, V. CLOUSE TRUCKING, INC., J. EDWARD CLOUSE, LAND O'LAKES, INC., DAIRY MARKETING SERVICES, LLC, ST. PAUL REINSURANCE COMPANY, LTD., and CENTENNIAL INSURANCE COMPANY, Defendants. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-3376 CIVIL ACTION - LAW JURY TRIAL DEMANDED PRAECIPE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Kindly withdraw the appearance of MARTSON, DEARDORFF, WILLIAMS & OTTO on behalf of Defendants Clouse Trucking, Inc., and J. Edward Clouse in the above-captioned matter. & OTTO By: Gob ge B. Faller, Jr., I.D. No. 49813 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Enterthe appearance of WilliamP. Douglas, Esquire onbehalf of Defendants Clouse Trucking, Inc., and J. Edward Clouse in the above-captioned matter. M LS LAW CE By: William P. Douglas, Esquire P.O. Box 261 Carlisle, PA 17013 (717) 243-1790 Date:, -?J -Otc Attorneys for Defendants G DOUGLAS LAW OFFICE 27 W. HIGH ST. POB 261 CARLISLE PA 17013 TELEPHONE 717-243-1790 United National Insurance Company Plaintiff vs Clouse Trucking, Inc.; J. Edward Clouse; Land O' Lakes, Inc.; Dairy Marketing Services, LLQ St. Paul Reinsurance Company, Ltd. c / o Lebouef, Lamb, Greene & McCrae; and Centennial Insurance Company Defendants To: WILLIAM P. DOUGLAS, ESQ. Supreme Court I.D.# 37926 In the Court of Common Pleas of Cumberland County, Pennsylvania No. 2005 - 3376 Civil Action Declaratory Judgment Action Jury Trial Demanded NOTICE TO PLEAD United National Insurance Company You are hereby notified that you have twenty (20) days in which to plead to the enclosed Answer and New Matter of J. Edward Clouse and Clouse Trucking, Inc., or a default judgment may be entered against you. Attorney for defendant J. Edward Clouse and Clouse June 30, 2006 ANSWER TO COMPLAINT AND NEW MATTER 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted based upon information and belief. 5. Admitted. 6. Admitted. 7. Admitted. 8. Admitted. 9. Denied as stated. It is admitted that this is a portion of the policy; however, the policy speaks more fully for itself. In addition, the characterization of the policy as an Automobile Policy is denied. It is a commercial policy issued to cover various forms of liability including liability for pollution. 10. Admitted. 11. Admitted. While not admitting the allegations contained in the underlying amended complaint. It is admitted that this is a portion of the language contained in the amended complaint; however, the complaint speaks more fully for itself. 12. Admitted. COUNT 1 Declaratory judgment 13. The responses to Paragraph 1 through 12 are incorporated herein and reference is made hereto. 14. Denied as stated. It is admitted that this is a portion of the policy; however, the policy speaks more fully for itself. In addition, the characterization of the policy as an Automobile Policy is denied. It is a commercial policy issued to cover various forms of liability including liability for pollution. 15. Denied as stated. It is admitted that the policy contains various exclusions. 16. Denied as stated. It is admitted that the policy in question contains various exclusions, however, the policy provides coverage for J. Edward Clouse and Clouse Trucking, Inc., for the events which are the subject of the underlying suit. 17. Denied as stated. It is admitted that the policy in question contains various exclusions, however, the policy provides coverage for J. Edward Clouse and Clouse Trucking, Inc., for the events which are the subject of the underlying suit. 18. Denied as stated. It is admitted that the policy in question contains various exclusions, however, the policy provides coverage for J. Edward Clouse and Clouse Trucking, Inc., for the events which are the subject of the underlying suit. 19. Denied as stated. It is admitted that the policy in question contains various exclusions, however, the policy provides coverage for J. Edward Clouse and Clouse Trucking, Inc., for the events which are the subject of the underlying suit. The events are an accident which involves property damage. 20. Denied as stated. It is admitted that the policy in question contains various exclusions, however, the policy provides coverage for J. Edward Clouse and Clouse Trucking, Inc., for the events which are the subject of the underlying suit. The events are an accident which involves property damage involving one of the vehicles covered under the policy. 21. Denied as stated.The allegations in the complaint in the underlying action speak for themselves. 22. Denied as stated.The allegations in the complaint in the underlying action speak for themselves. 23. Denied as stated. It is admitted that the policy in question contains various exclusions, however, the policy provides coverage for J. Edward Clouse and Clouse Trucking, Inc., for the events which are the subject of the underlying suit. The events are an accident which involves property damage involving one of the vehicles covered under the policy. 24. Denied as stated. It is admitted that the policy in question contains various exclusions, however, the policy provides coverage for J. Edward Clouse and Clouse Trucking, Inc., for the events which are the subject of the underlying suit. The events are an accident which involves property damage involving one of the vehicles covered under the policy. 25. Denied as stated.The allegations in the complaint in the underlying action speak for themselves. 26. Denied as stated. It is admitted that the policy in question contains various exclusions, however, the policy provides coverage for J. Edward Clouse and Clouse Trucking, Inc., for the events which are the subject of the underlying suit. The events are an accident which involves property damage involving one of the vehicles covered under the policy. WHEREFORE, it is prayed that the Plaintiff's complaint for declaratory judgment be dismissed and judgment entered in favor of the Defendant, J. Edward Clouse and Clouse Trucking, Inc. NEW MATTER 27. The answers to paragraphs 1-26 are incorporated herein and reference is made thereto as if fully set forth at length. 28. United National Insurance Company has failed to pursue their attempted denial of coverage in a timely manner and has waived and is estopped from asserting any denial of coverage under the policy. 29 United National Insurance Company by and through their conduct has waived any exclusions under the policy due to their failure to comply with the terms of the policy and the laws of the Commonwealth of Pennsylvania. 30. United National Insurance Company is estopped from asserting any exclusions of coverage under the policy due to their failure to comply with the terms of the policy and the laws of the Commonwealth of Pennsylvania. 31. United National Insurance Company's claims may be barred by the applicable statute of limitations. WHEREFORE, it is prayed that the Plaintiff's complaint for declaratory judgment be dismissed and judgment entered in favor of the Defendant, J. Edward Clouse and Clouse Trucking, Inc. DOUGLAS LAW OFFICE By N. William P. Dougla.,Esquire Attorney for Defendant Clouse Trucking, Inc and J. Edw Clouse 27 West Hi treet Carlisle, PA 17013 717-243-1790 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND VERIFICATION SS. I verify that the statements made in the foregoing document are true and correct, to the best of my knowledge, information, and belief. I understand that false statements herein made are subject to the provisions of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. June 30, 2006 , 0? William P. Dougla Esq. Counsel for J. Edward Clouse and Clouse Truckin Inc. MARSHALL, DENNEHEY, WARNER, COLEMAN & GOGGIN By: Eric R. Brown, Esquire Identification No. 84530 1845 Walnut Street, 18th Floor Philadelphia, PA 19103 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA UNITED NATIONAL INSURANCE COMPANY Plaintiff V. CLOUSE TRUCKING, INC. and J. EDWARD CLOUSE and LAND O' LAKES, INC. and DAIRY MARKETING SERVICES, LLC and ST. PAUL REINSURANCE COMPANY LTD. c/o LEBOUEF, LAMB, GREENE & McCRAE and CENTENNIAL INSURANCE COMPANY Defendants CIVIL ACTION- LAW No. 05-3376 REPLY TO NEW MATTER OF DEFENDANTS. CLOUSE TRUCKING INC AND J. EDWARD CLOUSE AND NOW, comes United National Insurance Company, by and through its undersigned counsel, and hereby replies to the New Matter of defendants J. Edward Clouse and Clouse Trucking as follows: 28. Denied as a conclusion of law to which no response is required. Strict proof thereof is demanded. 29, Denied as a conclusion of law to which no response is required. Strict proof thereof is demanded. 30. Denied as a conclusion of law to which no response is required. Strict proof thereof is demanded. WHEREFORE, plaintiff, United National Insurance Company respectfully requests judgment in its favor on all counts, along with any other relief available at law or in equity for which it shall ever pray. MARSHALL, DENNEHEY, WARNER, COLEMAN & GO G BY: ERIC R. BROWN Attorney for Plaintiff VERIFICATION Eric R. Brown, Attorney for Plaintiff, United National Insurance Company, verifies that the facts set forth in the Reply to New Matter of Defendants, Clouse Trucking, Inc. and J. Edward Clouse are true to the best of his knowledge, information and belief. If the above statements are not true, the deponent is subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. ID ERIC It BROWN Date: ?? CERTIFICATE OF SERVICE I, Eric R. Brown, Esquire, do hereby certify that a true and correct copy of Reply to New Matter of Defendants, Clouse Trucking, Inc. and J. Edward Clouse were served upon the parties listed below by first class mail on the date listed below at the following addresses: William P. Douglas, Esquire Douglas Law Office P.O. Box 261 Carlisle, PA 17013 George P. Faller, Jr., Esquire MARTSON DEARDORFF WILLIAMS & OTTO 10 East High Street Carlisle, PA 17013 Patrick Reilly, Esquire GROSS, McGINLEY, LaBARRE & EATON, LLP 33 South 7th Street P.O. Box 4060 Allentown, PA 18105-4060 Ronald S. Collins, Jr. WRIGHT & O'DONNELL, P.C. 15 E. Ridge Pike, Suite 570 Conshohocken, PA 19428 Nancy E. Longo, Esquire Mark M. Bridge, Esquire GENNET, KALLMANN, ANTIN & ROBINSON 101 East Lancaster Avenue, Suite 304 Wayne, PA 19087 ERIC R. BRA Attorney for Date: DOUGLAS LAW OFFICE 27 W. HIGH ST. POB 261 CARLISLE PA 17613 TELEPHONE 717.2431790 United National Insurance vs Clouse Trucking, Inc.; J. Edward Clouse; Land O' Lakes, Inc.; Dairy Marketing Services, LLC, St. Paul Reinsurance Company, Ltd. do Lebouef, Lamb, Greene & McCrae; and Centennial Insurance Company Defendants WILLIAM P. DOUGLAS, ESQ. Supreme Cart I.D.# 37926 In the Court of Common Pleas of Cumberland County, Pennsylvania No. 2005 - 3376 Civil Action Declaratory Judgment Action Jury Trial Demanded ANSWER OF CLOUSE TRUCIGNG, INC. AND J. EDWARD CLOUSE TO CROSS CLAIM OF CENTENNIAL INSURANCE COMPANY AND NEW MATTER To: NOTICE TO PLEAD Centennial Insurance Company You are hereby notified that you have twenty (20) days in which to plead to the enclosed Answer and New Matter of J. Edward Clouse and Clouse Trucking, Inc., or a default judgment may be entered against you. William P. glas, Esq. Attorney for defendant J. Edward Clouse and Clouse cling, Inc. August 1, 2006 ANSWER OF CLOUSE TRUCKING, INC. AND J. EDWARD CLOUSE TO CROSS CLAIM OF CENTENNIAL INSURANCE COMPANY AND NEW MATTER 1. Denied. The answer to the complaint is incorporated herein and reference is made thereto. 2. Denied as stated. It is admitted that a denial was sent to Clouse Trucking, Inc. however it is specifically denied that said denial was proper. 3 through 13. Denied. The allegation to said paragraphs are specifically denied. A copy of the policy was not attached to the Cross Claim of Centennial Insurance Company in accordance with the Pennsylvania Rules of Civil Procedure, therefore, it is assumed that the insured complied with the terms of the policy and that the loss in question is a covered event. WHEREFORE, it is prayed that the defendant Centennial's Cross Claim be dismissed and judgment entered in favor of the Defendant, J. Edward Clouse and Clouse Trucking, Inc. NEW MATTER 14. The answers to paragraphs 1-13 are incorporated herein and reference is made thereto as if fully set forth at length. 15. Centennial Insurance Company has failed to pursue their attempted denial of coverage in a timely manner and has waived and is estopped from asserting any denial of coverage under the policy. 16 Centennial Insurance Company by and through their conduct has waived any exclusions under the policy due to their failure to comply with the terms of the policy and the laws of the Commonwealth of Pennsylvania. 17. Centennial Insurance Company is estopped from asserting any exclusions of coverage under the policy due to their failure to comply with the terms of the policy and the laws of the Commonwealth of Pennsylvania. 18. Centennial Insurance Company's claims may be barred by the applicable statute of limitations. WHEREFORE, it is prayed that the defendant Centennial's Cross Claim be dismissed and judgment entered in favor of the Defendant, J. Edward Clouse and Clouse Trucking, Inc. DOUGLAS LAW OFFICE By William P. Douglas squire Attorney for Defendant Clouse Trucking, Inc and J. Edwar Clouse 27 West High Street Carlisle, PA 17013 717-243-1790 August 1, 2006 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND VERIFICATION SS. I verify that the statements made in the foregoing document are true and correct, to the best of my knowledge, information, and belief. I understand that false statements herein made are subject to the provisions of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. August 1, 2006 William P. Dou , Esq. Counsel for J. Edward Clouse and Clouse Tru' g, Inc. rv_> t" `? T? ?: R ,? _ r, yt ._ c: ` DOUGLAS LAW OFFICE 27 W. HIGH ST. POB 261 CARLISLE PA 17013 TELEPHONE 717-2411790 United National Insurance Company vs Clouse Trucking, Inc.; J. Edward Clouse; Land O' Lakes, Inc.; Dairy Marketing Services, LLC; St. Paul Reinsurance Company, Ltd. c/o Lebouef, Lamb, Greene & McCrae, and St. Paul Reinsurance Company Limited Defendants WILLIAM P. DOUGLAS, ESQ. Supreme Cant I.D.# 37926 In the Court of Common Pleas of Cumberland County, Pennsylvania No. 2005 - 3376 Civil Action Declaratory Judgment Action Jury Trial Demanded ANSWER OF CLOUSE TRUCKING, INC. AND J. EDWARD CLOUSE TO CROSS CLAIM OF ST. PAUL REINSURANCE COMPANY LIMITED AND NEW MATTER NOTICE TO PLEAD To: St. Paul Reinsurance Company Limited You are hereby notified that you have twenty (20) days in which to plead to the enclosed Answer and New Matter of J. Edward Clouse and Clouse Trucking, Inc., or a default judgment may be entered against you. IQ alaL- William P. D glas, Esq. Attorney for defendant J. Edward Clouse and Clouse Tru g, Inc. August 1, 2006 REPLY TO NEW MATTER AND ANSWER OF CLOUSE TRUCIUNG, INC. AND J. EDWARD CLOUSE TO CROSS CLAIM OF ST. PAUL REINSURANCE COMPANY LIMITED AND NEW MATTER Reply to New Matter of St. Paul Reinsurance Company Limited 27. Denied. The answer to the complaint is incorporated herein and reference is made thereto. 28 through 34. Denied. Said allegations are denied as legal conclusions to which no response is necessary and strict proof thereof is demanded at trial. 35 through 39. Denied. The allegation to said paragraphs are specifically denied. Copies of a portion of the policy are attached to the cross claim of St. Paul however a complete copy of the policy was not attached to the Cross Claim of St. Paul Reinsurance Company Limited, therefore, it is assumed that the insured complied with the terms of the policy and that the loss in question is a covered event. WHEREFORE, it is prayed that the defendant St. Paul's New Matter be dismissed and judgment entered in favor of the Defendant, J. Edward Clouse and Clouse Trucking, Inc. Answer to New Matter Cross Claims of St. Paul Reinsurance Company Limited 40. The aforesaid responses are incorporated herein and reference is made thereto. 41. Denied. Said allegations are denied as legal conclusions to which no response is necessary and strict proof thereof is demanded at trial. 42. Denied. Said allegations are denied as legal conclusions to which no response is necessary and strict proof thereof is demanded at trial. WHEREFORE, it is prayed that the defendant St. Paul's Cross Claim be dismissed and judgment entered in favor of the Defendant, J. Edward Clouse and Clouse Trucking, Inc. NEW MATTER 43. The answers to paragraphs 27 to 42 are incorporated herein and reference is made thereto as if fully set forth at length. 44. St. Paul Reinsurance Company Limited has failed to pursue their attempted denial of coverage in a timely manner and has waived and is estopped from asserting any denial of coverage under the policy. 45. St. Paul Reinsurance Company Limited by and through their conduct has waived any exclusions under the policy due to their failure to comply with the terms of the policy and the laws of the Commonwealth of Pennsylvania. 46. St. Paul Reinsurance Company Limited is estopped from asserting any exclusions of coverage under the policy due to their failure to comply with the terms of the policy and the laws of the Commonwealth of Pennsylvania. 47. St. Paul Reinsurance Company Limited's claims may be barred by the applicable statute of limitations. WHEREFORE, it is prayed that the defendant St. Paul's Cross Claim be dismissed and judgment entered in favor of the Defendant, J. Edward Clouse and Clouse Trucking, Inc. DOUGLAS LAW OFFICE By William P. Dougl , .squire Attorney for Defendant Clouse Trucking, Inc and J. Edwaz ouse 27 West High Street Carlisle, PA 17013 717-243-1790 August 1, 2006 ?? ?{ ?{ 1 . •) GENNET, KALLMANN, ANTIN & ROBINSON Mark M. Bridge, Esquire Attorney ID No.: 34477 Nancy E. Longo, Esquire Attorney ID No.: 91150 101 East Lancaster Avenue, Suite 304 Wayne, Pennsylvania 19087 Telephone (610) 902-0150 Facsimile (610) 902-0152 Attorneys for Defendant, Centennial Insurance Company UNITED NATIONAL INSURANCE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY VS. CLOUSE TRUCKING, INC.; J. EDWARD CLOUSE; LAND O'LAKES, INC.; DAIRY MARKETING SERVICES, LLC; ST. PAUL REINSURANCE COMPANY LTD.; and CENTENNIAL INSURANCE COMPANY Defendants Defendant, Centennial Insurance Com CIVIL ACTION DOCKET NO.: 05-3376 ANSWER TO CROSS CLAIMS OF CLOUSE TRUCKING, INC. AND J. EDWARD CLOUSE pany, by and through its counsel, Gennet, Kallmann, Antin & Robinson, P.C., hereby sets forth its Answer to Cross Claims of Defendants, Clouse Trucking, Inc., and J. Edward Clouse, as follows: 14. Answering Defendant incorporates by reference herein its responses to Paragraphs i through 26 of Plaintiffs Complaint and its New Matter Cross Claims as if set forth more fully herein. 15.-18. Denied, as conclusions of law to which no response is required. WHEREFORE, Defendant, Centennial Insurance Company, to the extent any allegations are made or relief sought against it, respectfully requests that this Court enter judgment in its favor, together with interest, costs and attorney's fees, and grant such further legal and equitable relief as may be appropriate, and dismiss any and all claims against Answering Defendant with prejudice. GENNET, KALLMANN, ANTIN, & ROBINSON -a- 4f Mark M. B dge, Esquire Attorney I No.: 34477 Nancy E. Longo, Esquire Attorney ID No.: 91150 Attorney for Attorney for Defendant, Centennial Insurance Company Dated: August 4, 2006 I It G• GENNET, KALLMANN, ANTIN & ROBINSON Mark M. Bridge, Esquire Attorney ID No.: 34477 Nancy E. Longo, Esquire Attorney ID No.: 91150 101 East Lancaster Avenue, Suite 304 Wayne, Pennsylvania 19087 Telephone (610) 902-0150 Facsimile (610) 902-0152 Attorney for Defendant, Centennial Insurance Company UNITED NATIONAL INSURANCE Plaintiff VS. COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL ACTION CLOUSE TRUCKING, INC.; J. EDWARD DOCKET NO.: 05-3376 CLOUSE; LAND O'LAKES, INC.; DAIRY MARKETING SERVICES, LLC; ST. PAUL REINSURANCE COMPANY LTD.; and CENTENNIAL INSURANCE COMPANY Defendants CERTIFICATE OF SERVICE I, Nancy E. Longo, Esquire, of Gennet, Kallmann, Antin & Robinson, counsel for Defendant, Centennial Insurance Company, hereby certify that I have this day served a true and correct copy of the described pleading or motion upon the opposing parties at the address listed below: Pleading or Motion served: Answer Cross Claims of Clouse Trucking, Inc., and J. Edward Clouse. Opposing Party/Counsel- Eric R. Brown, Esquire Marshall, Dennehey, Warner, Coleman & Goggin 1845 Walnut Street Philadelphia, PA 19103 Attorney for Plaintiff William P. Douglas, Esquire Douglas Law Office 27 W. High Street PO Box 261 Carlisle, PA 17013 Attorney for Defendants, Clouse Trucking, Inc. and J. Edward Clouse Certificate of Service, Page No.: 2 Patrick J. Reilly, Esquire Gross, McGinley, LaBarre & Eaton, LLP PO Box 4060 Allentown, PA 18105-4060 Attorney for Defendants, Land O'Lakes, Inc. and Dairy Marketing Services LLC Timothy A. Kulp, Esquire Wright & O'Donnell 15 East Ridge Pike, Suite 570 Conshohocken, PA 19428 Attorney for Defendant, St. Paul Reinsurance Company, Ltd. Mode of service: First Class Mail GENNET KALLMANN ANTIN & ROBINSON Mark M. B dge, Esquire Attorney I No.: 34477 Nancy E. Longo, Esquire Attorney ID No.: 91150 101 East Lancaster Avenue, Suite 304 Wayne, Pennsylvania 19087 Telephone (610) 902-0150 Facsimile (610) 902-0152 Attorney for Defendant, Centennial Insurance Company Dated: August 4, 2006 C 9 lkk `? . `D S ? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION-LAW United National Insurance Company Plaintiff V. Clouse Trucking, Inc., J. Edward Clouse, Land O'Lakes, Inc., Dairy Marketing Services, LLC,: St. Paul Reinsurance Company Limited, and Centennial Insurance Company Defendants No. 05-3376 WITHDRAWAL OF APPEARANCE TO THE PROTHONOTARY: Kindly withdraw my appearance on behalf of Defendant, St. Paul Reinsurance Company Limited, in this matter. WRIGHT & O'DONNELL, P.C. BY: Axal Timothy A. Kulp Identification No. 37898 Date: - wfd b(o WRIGHT & O'DONNELL, P.C. BY: George T. McCool, Jr. Identification No. 43473 15 East Ridge Pike, Suite 570 Conshohocken, PA 19428 (610) 940-4092 Attorneys for Defendant St. Paul Reinsurance Company Limited IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION-LAW United National Insurance Company Plaintiff V. Clouse Trucking, Inc., J. Edward Clouse, Land O'Lakes, Inc., Dairy Marketing Services, LLC,: St. Paul Reinsurance Company Limited, and Centennial Insurance Company Defendants No. 05-3376 ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance on behalf of Defendant, St. Paul Reinsurance Company Limited, in this matter. WRIGHT & O'DONNELL, P.C. BY: George T. McCool, Jr. Date: F1,406 l CERTIFICATE OF SERVICE I, George T. McCool, Esquire, attorney for Defendant, St. Paul Reinsurance Company Limited, certify that a true and correct copy of the foregoing Withdrawal and Entry of Appearances was served via first class U.S. mail, postage prepaid, on the following parties: Eric R. Brown, Esquire Marshall, Dennehey, Warner, Coleman & Goggin 1845 Walnut Street Philadelphia, PA 19103 Attorney for Plaintiff George B. Faller, Jr., Esquire Martson, Deardoff, Williams & Otto 10 East High Street Carlisle, PA 17013 Attorney for Defendants, Clouse Trucking, Inc., and J. Edward Clouse Patrick J. Reilly, Esquire Gross, McGinley, LaBarre & Eaton, LLP P.O. Box 4060 Allentown, PA 1 8 1 05-4060 Attorney for Defendants, Land O'Lakes, Inc., and Dairy Marketing Services, LLC Nancy E. Longo, Esquire Gennet, Kallmann, Antin & Robinson 101 E. Lancaster Ave., Suite 304 Wayne, PA 19087 Attorney for Defendant, Centennial Ins. Co. WRIGHT & O'DONNELL, P.C. BY: George T. McCool, Jr. Date: c Q. vcr. ?- min ? r -, t F" G ..Q It- ? G' q c M WRIGHT & O'DONNELL, P.C. BY: Sheila E. O'Donnell Identification No. 73323 BY: George T. McCool, Jr. Identification No. 43473 15 East Ridge Pike, Suite 570 Conshohocken, PA 19428 (610) 940-4092 Attorneys for Defendant St. Paul Reinsurance Company Limited UNITED NATIONAL INSURANCE Plaintiff, V. COURT OF COMMON PLEAS CUMBERLAND COUNTY DOCKET NO, 05-3376 CLOUSE TRUCKING INC., J. EDWARD CLOUSE, LAND O'LAKES, INC., DAIRY MARKETING SERVICES, LLC, JURY TRIAL DEMANDED ST. PAUL REINSURANCE COMPANY LTD. and CENTENNIAL INSURANCE COMPANY Defendants REPLY OF DEFENDANT ST. PAUL REINSURANCE COMPANY LIMITED TO THE NEW MATTER OF DEFENDANTS CLOUSE TRUCKING INC. AND J. EDWARD CLOUSE Defendant, St. Paul Reinsurance Company Limited, by and through its attorneys, Wright & O'Donnell, P.C., replies to the New Matter of Defendants Clouse Trucking, Inc. and J. Edward Clouse, and states: 43. No response required. 44.47. Denied. The allegations of these paragraphs of Defendants' New Matter are denied as conclusions of fact and/or law, which are deemed to be at issue pursuant to the pertinent Pennsylvania Rules of Civil Procedure, and for which strict proof thereof is demanded at the time of trial. WHEREFORE, Defendant, St. Paul Reinsurance Company Limited, denies that it is liable to Defendants Clouse Trucking, Inc. and J. Edward Clouse and demands judgment in its favor, together with all recoverable fees, costs and expenses. Respectfully submitted, WRIGHT & O'DONNELL, P.C. BY: George T. McCool, Jr. Date: D ?? K CERTIFICATE OF SERVICE I, George T. McCool, Esquire, certify that a true and correct copy of the foregoing Reply of Defendant, St. Paul Reinsurance Company Limited, to the New Matter of Defendants Clouse Trucking, Inc. and J. Edward Clouse was served on this _ day of August, 2006, via U.S. mail, first class, postage prepaid, upon the following counsel of record: Eric R. Brown, Esquire Marshall, Dennehey, Warner, Coleman & Goggin 1845 Walnut Street Philadelphia, PA 19103 Attorney for Plaintiff George B. Faller, Jr., Esquire Mattson, Deardoff, Williams & Otto 10 East High Street Carlisle, PA 17013 Attorney for Defendants, Clouse Trucking, Inc., and J. Edward Clouse Patrick J. Reilly, Esquire Gross, McGinley, LaBarre & Eaton, LLP P.O. Box 4060 Allentown, PA 18105-4060 Attorney for Defendants, Land O'Lakes, Inc., and Dairy Marketing Services, LLC Nancy E. Longo, Esquire Gennet, Kallmann, Antin & Robinson 101 E. Lancaster Ave., Suite 304 Wayne, PA 19087 Attorneyfor Defendant, Centennial Ins. Co. George T. McCool, Jr. t d L ? w . v3 Curtis R. Long Prothonotary office of the Vrotbonotarp Cumbprlanb Countp Renee K. Simpson Deputy Prothonotary John E. Slike Solicitor (O5" -.331] CVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 28TH DAY OF OCTOBER, 2009, AFTER MAILING NOTICE OF INTENTION TO PROCEED AND RECEIVING NO RESPONSE - THE ABOVE CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA R C P 230.2. BY THE COURT, CURTIS R. LONG PROTHONOTARY One Courthouse Square • Carlisle, Pennsylvania 17013 • (717) 240-6195 • Fax (717) 240-6573