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Home My WebLink About94-02394 . I/) cD J LJ f- \ " J R. Stephen Shib" Anomoy 1.0. No, 19251 RHOADS &. SINON One South Market Square, 12th Floor p, 0, 80x 1146 H.rriobulll, PA 17101.1146 (717)233.5731 Attorney. (or Plaintiff MCCOY BROS., INC,. Plaintiff IN nm COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Vo PENNSYLVANIA MANUFACTURERS' ASSOCIATION INSURANCE COMPANY, Defendant CIVIL ACTION - L"'- W NOo 94 - ;;:rWf/ C t LM.'LJvvW'-- JURY TRIAL DEMANDED ...................0 ,....................0. ;PRAECIPE FOR WRIT OF SUMMO~ TO nm PROTHONOTARY: Please issue a Writ of Summons in the above-captioned action against the Defendant, Pennsylvania Manufacturers' Association Insurance Company. Plaintiff McCoy Bros, , Inc., is a Pennsylvania Corporation doing business at 217 Pine Road, Mt. Holly Springs, Pennsylvania, 17065. Defendant, Pennsylvania Manufacturers' Association Insurance Company is a Pennsylvania Corporation doing business at 500 North 12th Street, Lemoyne, Pennsylvania 17043, RHOADS & SINON BY:~'S\~~~S~~~ R. Stephen Shibla One South Market Square PoOo Box 1146 Harrisburg, PA 17108 (717) 233-5731 Date: Attorneys for Plaintiff .. . _-- _:,: . -~.It:... ;. -\- '~r;.'~'., ' 'o.:.~- ~1 ,ri~:'j:.." ~~".l\Ilf" . " hi}!,", \ @ HAY 5 2 54 PH '9~ ')f ; " r flCf CL".I' )-; H;lur ., t_ o t;:. ' \ 1 dl.. '....ny III- . _ t. cr I.~" ..rl!' (j.~' .. u ",I. I , . '.'"1!~ r2 ~r) 5-0 6' 15st ~. ;~~~ l/O~ (61 f ~ ~ --- "-- .. "-"-'~."~- "_,......;,-,,,.:".r.h """.,,,",., --....-.-.........7.-r-....". ,,,-",,-,,,,~ . '*~....- " I' \, . .. ... - -"---..-- ~.., ,;..~:..~ . ,f. .~ .0 ~. "'\ ~; "." ' . .'f., ~. ; , .-~~ - ...-",.~~"."'f. Commonwealth of Pennsylvania County of Cumberland McCoy Bros., Inc. 217 Pine Road Mt. Holly Springs, PA l7065 Court DC Conunoll Pleas YL Pennsylvani..3 Manufacturers' Association Insurance Canpany, 500 North l2th Street Lemoyne, PA l7043 No. __Jt4:,U24_~'{iJ.._'remL_m__m_ 19____ In m s:.~ ~~J._ _~.!=_~~'; _,:_J-f!.'!!_ _ ______m_________ To ___p~SyJ.'lao.iA1:laru.1f~J:S.~_l\as.oc.iation Insurance Conpany You are hereby notified that .______~Qy_!!~~~J__!~EC~_____________________.________________________________________________ the Plaintiff ha 5 commenced an action in ____CiY.iJ.._&:.tiQO_=-__L<i~c_____________________________ against you which you are required to deCend or a deCault judgment may be entered against you. (SEAL) ,_~o~~__~._~l~~jC______________________._ Prothonotary [late _____~)[_~t__________________ 19_~~_ By --:+"---{p~~--W------ h.c ~~...~;;,o"""'_'h""";"N ~ , ".._,'.i"1.,~;-'t"R-;~;_""".~.,,,.,-,-,;;- ~;;,t;<_}l'""'." No.. __~=-2..~~1..f1.'!.!!_~tm_ 19__ McCoy Bros., Inc. w. Pennsylvania Manufacturers I Association Insurance CaIpBlly Sllmrnnos in Civil Action - Law ------------------------------------ Rhoads & Sinon R. Stephen Shibla Qle South Market Square P.O. Box 1146 Harrisburg, PA l7l08 (717)233-573l Attorney .-" .....y. " 10 . . ... .. .--. .-- .'. '" ~",' ~ ~ ,~~ . SllEIUFF'S 1lE'I'URN CGfo1ONWEl\L1H OF PENNSYLVANIA, COUl'1l'Y OF CLMBERLAND In The Court of Common Pleas of Cumberland County. Pennsylvania No. 94-2394 Civil Term Summons in Civil Action Law McCoy Bros., Inc. VS Pennsylvania Manufacturers' Association Insurance Company Philip Baughman , ~n(DC~ Deputy Sheriff of Cunberland County, Pennsylvania, who being duly sworn according to law, says. that he served the within Summons in Civil Action Law Pennsylvania Manufacturers' upon Association Insurance Company, the defendant. at 11:03 o'clock A .M. E~ I EDST, on the 07 day of May , 1994 at 500 North 12th Street, Lemoyne , Cumberland County, Pennsylvania, by handing to Barry Price, Claims Supervisor a true and attested copy of the Summons in Civil Action Law and at the sarre time directing his attention to the contents thereof and the "Notice to Plead" endorsed thereon. Sheriff's Costs: Docketing Service Affidavit Surcharge 14.00 B.96 So answers: i.;r.-:~::'~~~~ R. Thanas 2.00 24.96 Pd. by Atty. 5-11-94 by (2 ' Sworn and subscribed to before me this 16 f!.. day of /l.1'1 19_ '1'1 AoDo '- )~L< C 'rhJ'u.~ I ~ur Prothonotary McCOY BROS., INC., Plaintiff v. IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - I.A~I No. 94-2394 Civil Term PENNSYLVANIA MANUFACTURERS' ASSOCIATION INSURANCE COMPANY, Defendant PRAECIPE FOR RULE TO FILE COMPLAINT TO THE PROTHONOTARY OF CUMBERLAND COUNTY, PENNSYLVANIA: Please issue Rule upon Plaintiff to file a Complaint within twenty (20) days from service hereof or suffer judgment .!l2.!l pros. PETERS & WASILEFSKI Dated: '//J/11{ BY:O~ Q, ~ CHARLES E. WASILEFSKI 2931 North Front Street Harrisburg, PA 17110 [717] 238-7555 Attorney ID #21027 R U L E TO THE PLAINTIFF: You are hereby ordered and directed to file your Complaint against the Defendant, Pennsylvania Manufacturers' Association Insurance Company, in the above-captioned matter within twenty (20) days of service of this Rule against you or suffer judgment .!l2.!l pros. Dated: ',J" l" /'/ /1'1'/ J (a(;, )1/ P othonotary, ~~~~~.~ ~'-,~, Pamela J. Crum CERTIFICATE OF SERVICE This is to certify that I, Pamela J. Crum, a Legal Assistant in the law offices of Peters & Wasilefski, have this ~~ day of ~'-~~~ , 1994. served a true and correct copy of the foregoing PRAECIPE FOR RULE AND RULE TO FILE COMPLAINT upon all parties by depositing same in the United States mail, postage prepaid, first class, addressed to the counsel of record: R. Stephen Shibla, Esquire RHOADS & SINON One South Market Square Post Office Box 1146 Harrisburg, PA 17108 ,j:..-~">\':' . ii'-""-~', .'7 ",\,'.t' . 'xi' '-' .~. , . JUlI V\ \\ 1.1 ~~ '\~ " . 'i' \Ul \11 ,\\',tl,,\1\~"'( ce;~\;: ~->',l\f' t'.:yy~r1 reI'.... \ ~ .; .\~ltl . c' ,., '., ...., , , , \ -~.; .'~ c ,- ;j { "''')'_'_.->_",~--..-,,.-.;~...,,:~~_........,.c ..:""".~ " -",." -.,.:.;-<,;"..,..; .~... "."'_, """0 ~ .. "....~"" -~ "-- .~ . " ... - . .- ,1 ,.....11 ~-'''''''-' t' ,-'., .-~- . R. Srcph.n Shihla, Esquin: Allomey 1.0. No. 19H8 Jesse R. Ruhl, Esquire Allom.y 1.0, No. '''98 RIlOAOS 8< SINON One Soulh Markel Square, 121h Flour P. O. 001 1146 Ilani,horg. PA 17108.1146 17171233.5731 Allumcys (ur Plainlif( MCCOY BROS., INC,. Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY. PENNSYLVANIA v. NO, 94-2394 PENNSYLVANIA MANUFACTURERS' ASSOCIATION INSURANCE COMPANY, Defendant ... .... ,." .,.................. ..., ,... .. . lSOTICE YOU HAVE BEEN SUED IN COURT, If you wish to defend against the claims set fonh 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 Coun your defenses or objections to the claims set fonh 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 Coun without funher notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff, You may lose money or propeny or other rights imponant 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 Lawyer Referral Service Coun Administrator Cumberland County Counhouse Carlisle, PA 17013 (717) 240-6200 i'~.'il.1'~.' . R. Slcphcn Shihl., Esqu;,. Allomcy 1.0. No. 19H8 Imc R. Ruhl. Esqui,. Allomcy J.D. No. "798 R110ADS &< SINON One South Mlrkel Squire. 121b floor P. O. Do. 1146 lIuri.hurs, PA 17108.1146 (717)23).~731 Attorneys rth' Pllintirr Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA MCCOY BROS" INC., v, NO, 94-2394 PENNSYLVANIA MANUFACTURERS' ASSOCIATION INSURANCE COMPANY, Defendant COMPLAINT NOW COMES Plaintiff. McCoy Bros" Inc,. by its attorneys, Rhoads & Sinon, and files the within Complaint as follows: 1, Plaintiff is McCoy Bras" Inc" a corporation existing pursuant to the laws of the Commonwealth of Pennsylvania with offices located at P. 0, Box D, Mt. Holly Springs, Cumberland County. Pennsylvania, . 2, Defendant Pennsylvania Manufacturers' Association Insurance Company ("PMA") is a corporation organized and existing pursuant to the laws of the Commonwealth of Pennsylvania with offices located at 500 North 12th Street, Lemoyne, Pennsylvania 17043, 3, At a point in time prior to January 1, 1987, PMA issued a Commercial General Liability Policy ("the Policy") effective from January 1, 1987, and upon renewal, through January I, 1993 naming McCoy Bros" Inc, as a named insured, 4, McCoy paid the premiums due for the Policy, and at all relevant times the Policy was validly issued and in full force and effect, A true and correct copy of the Policy is attached hereto as Exhibit "A" and incorporated herein by reference, 5, Pursuant to Section I.A,l.a. 0 the Policy provides coverage for certain events or occurrences on an "occurrence" basis. meaning that the event giving rise to coverage must occur during the Policy period, 6, On or about July 50 1985, McCoy. as General Contractor, and the Evangelical Lutheran Church of Our Savior (hereinafter referred to as "the Church") entered into a contract for the construction of an addition to the Church building located at 420 North Progress Avenue in Harrisburg. Pennsylvania, - 2 - ,~....... .,. 7, McCoy proceeded with and completed the construction in a timely and workmanlike manner, 8, After construction was completed, on or about August, 1991, the Church became aware of numerous incidents of building distress which began to appear with respect to the Church building addition which McCoy constructed. 9, The incidents of distress continued and worsened over a prolonged period during which time foundation walls were thrust outward by interior forces and the foundation slab was pushed upward by interior forces. 10, McCoy attempted remedial measures without success. and the problems with the Church building addition continued to worsen, II. PMA was placed on notice of the pending claim regarding the Church building on or about May 14, 1992, 12. Approximately seven (7) months thereafter, PMA. by letter dated December 9, 1992. advised McCoy that PMA elected to disclaim insurance coverage for any of the injury and damage caused to the Church building addition stating that "[t]here is no - 3 - coverage whatsoever for any aspect of this claim under the policy contract" insofar as the property damage to the Church, PMA contendedo resulted from "your [McCoy's] work" and/or McCoy's "work product", defined teOlls in the Policy, 13, On or about June 14, 1993, the Church filed a Complaint in the Court of Common Pleas of Dauphin County naming McCoy as a defendant. 14. McCoy continued to investigate the cause of the property damage to the Church building addition and discovered that the problem was caused by the use of defective fill material which was supplied to the job site by Hempt Bros., Inc" a subcontractor of McCoy, 15. It has subsequently been deteOllined that the fill material [hereinafter "slag"] was not properly cured by the supplier. Hempt Bros, 16, Because of the failure to cure properly the slag, the slag expanded volumetrically when exposed to water vapor and the expansion caused the deflection in the Church building foundation, floors and walls. 17, McCoy has expended substantial sums in investigating the Church's claim and defending the allegations contained in the Church's complaint filed against McCoy. - 4 - 00llNtl 18, McCoy has made demand upon PMA to indemnify and defend McCoy, but PMA has refused such demando 19, The foregoing avennents are incorporated herein by reference. 20, Pursuant to the tenns of the Policy. PMA was obligated to pay all sums which McCoy became legally obligated to pay because of property damage caused by an occurrence, 21. Additionally. pursuant to the tenns of the Policy, PMA was obligated to defend McCoy against the claims of the Church, 22. PMA's failure to pay and to defend McCoy constitutes a breach of the tenns of the Policy. 23. By virtue of PMA's breach, McCoy Bros., Inc. has sustained damage in an amount exceeding $20,000, exclusive of interest, costs and attorneys fees, - 5 - WHEREFORE, Plaintiff McCoy Bros., Inco demands judgment against Defendant Pennsylvania Manufacturers' Association Insurance Company, in an amount exceeding $20,000 together with costs. interest and attorneys fees, COUNT II 240 The foregoing averments are incorporated herein by reference, 25, PMA failed to deny insurance coverage on a timely basis, 260 McCoy has suffered damage and has been prejudiced by PMA's failure to act on a timely basis, 27, PMA's failure to deny insurance coverage in a timely manner estops PMA from denying coverage, 28. As a result of PMA's failure to deny insurance coverage in a timely manner, PMA has waived its right, if any, to deny insurance coverage to McCoy in this case, - 6 - !' ". ,",<.,.-".., WHEREFORE, Plaintiff McCoy Bros, , Inc, demands judgment against Defendant Pennsylvania Manufacturers' Association Insurance Company, in an amount exceeding $20,000 together with costs, interest and attorneys fees, COUNT III 29, The foregoing avennents are incorporated herein by reference, 30, This action for declaratory relief is brought pursuant to 42 Pa,C,S,A, ~7531 et seq, to detennine the legal rights, duties and relationship of the parties hereto with respect to insurance coverage more specifically described below and requesting further relief as set forth herein. 31. The Policy issued by PMA provides coverage for property damage caused by an "occurrence" and "occurrence" is defined in the Policy as "an accident, including continuous or repeated exposure to substantially the same general hannful conditions. " 32. Pursuant to the insuring agreement, PMA agreed to pay those sums which McCoy became legally obligated to pay because of property damage to which the Policy applied, - 7 - 33, Despite PMA's contention, the property damage to the Church building addition did not result from McCoy's work or McCoy's work product as those terms and exclusions are defined in the Policy, 34, As a result, the exclusions relied upon by PMA to deny insurance coverage do not apply in this case, 35, Additionally, the Policy contained a "products completed operations hazard" endorsement which provides insurance coverage for property damage arising out of McCoy's work or McCoy's work product if all of the work called for by the construction contract has been completed at the time of the damage, 36. All work called for in the contract with the Church with regard to the Church building addition was completed at the time of the property damage suffered in this case, 37. For the reasons set forth above. the Policy does provide coverage for the occurrence in question and Plaintiff is entitled to indemnification and defense by PMA, WHEREFORE. Plaintiff. McCoy Bros.. Inc. requests this Court to enter a Declaratory Judgment in its favor: - 8 - ,., ,~,"...,.. "'0''" ao Declaring that Defendant has a duty to indemnify and defend Plaintiff in the matter referenced above; and bo Awarding Plaintiff attorney's fees, costs and providing such additional relief as is just under the circumstances. By: RHOADS & SIN?::! .~Ij Stephen Shibla Jesse R, Ruhl Rhoads & Sinon P,O. Box 1146 Harrisburg, PA 17108-1146 (717) 233-5731 Attorneys for Plaintiff 6S484 - 9 - VERIFlCA TI.m!i Robert Ganoe. deposes and illYS, subject to the penalties of 18 Pa. C,So t4904 relatlni to UJlSWOm falslflcatioD to authorltl~, that he Is the CODtroller of McCoy Bto.o. 1D.e,. and that the fact! set forth in the foreiolna "ComplalnI" Ate true IlDd correct to the best of his know1cd2e, lDrormation an.c1 belief. ( d_iC04a.-JC Raben Ganoe / - .>}' ~.- .,:j"'-, " ." 1 ~,. '''.. .'-) .... ....... i' ",~ '~~...<'..~ '.l;;"~':i t'~.;[.' ~i~ . .. ',,-:' I t.;/l 1-,..,-- I ,',',j-', { 'r . - ,'-, ',' .-' {,",'J-_f '"': '..-:~XJ t~t, .:~)~.;. S:~~ ..!~~~\~~~:a' ..~J:-,"J,(:'.i . ,..# ....:~.',-- .....,._,:-.1.. _ .,"'0 ;~"., "'.>-,-,-" Exhlblt II '\ \ ! -' ; .._.___.......___...._~*'1t~..l'>'<I'...'l...........~~' I ....... "",'..,,_.-.-- .._~.. .~,..........,._._.-~........" ~ ... " '"' ," , -- I I ~..... I' t I ; ~ i I .0 , , I I i I' ! l .-. THE PMA~ ....! GRO U P Because the cost of protection must be controlled ..... \1 ~ . ~~ .1' ..,' '. .' .~ .' .' -4 ..:' . ",' . . u~..; .. :.:f ,;J" ".n ..... ,~ "I'. ~.r'" ,1.' :''It''~~ ..1. ,'~'; ..'-......, I ;' r~... ~y........~ '''''-' .,'!" f oI~ . ....' .. __ .y ~';' .'0,. .-,..: ......... : " ..... :.,.~ .0'" MEIi.GIAL . ,i' :-r';;,.~1 '~'~', C~"";~G,' .pol!t€~ ;i':":' ., I ." '~'. ~ ,'::--<. . . t" I ).... f...:.... ,0 ".,. .. ;" ,(.t ". ~ :.. ~'tfli."~ - :; '. ~ . ~. -'i.~ '~,i .. '""~ ~t : . ~~o . '.!.~U'io. , ',...>";.,......,. ~"""'-. '~ ~.:.i ' ~ I .'," ,[f ,. '.,' ",,_. . .. SJ i1 t!l'l~ ~ ." .~. I"'!.: 1 ".., . ~ I ~"" "'~ ~.( :. 1 .~J',.~.,; 1i:: ..l'l.. ~ ~ o~.". ,,~~J; ~ :f~. ~~, ~i!1 ~, ,.~.\~:: ;,' ~i ~ " ~ . fB '~IE,"~ rt:{;j, .~' ~ ~ !lJ"',~I-' o. . ~-"' '" .,.Ii 'J'lin I'! ~ ;a' . ~!II~. ~..____ . '" . _.-..:;;-:':";~' '~.. t! , ~, '. ...,~ .r.... ." .. " ,'~--,~-....~. ~"..., , :lI1":;"~";' 11 ~ n ~ ~.I.fi' , => '" I:i."' ' " '1:.!:"-:.::.."":-,. 1 ''? ' ~~ ~~" 11. _',' ~..::~::.:..,_.~i '!II! Il!l~.'" ,...;,~,. ,-.... '1" ,1 . .". ",,,- - - . - ...__ __.._--....._--.o.l a. ,"' ___.. ..:t..~.:.;.n,.....- . 11..UoL~".""..n..',ui"fli~.": - - - -).- - .. -~....- --... ., ,_ ..:;~\nj.l 1''::''~'' .,e, "'~7"'''L''' :';'~."""""~'I""'~~':"')'C''''' -:c~ "'7:"\I.&"'\~ . ...",...'.,.1. ...t ., 't. "...-- . ... .. ,...." ft>.t'''1' l;'~" \~"Ulf .~'71 ~...~tL.wr"J_'I} ~'f~Y~~~ . "'hi 1'''' '.':-' ~ \ \'W:"i ill",' ~:~" r. ,:"~ ,-ii,. " Ii. ..'.:' I . J\', . '''I' I:.,.~.. :"'r"'f: ;:..', ,.';'1 '1;1. :~,.~ :.0 r.: · < i ,- , .... .'t, y. ~. ....., . .~.. . '''":'1' 1:11\ ~...... '.1, ,.' ~\ " ... ~.. . . -r,,' ,,,",,,T!"; ~~ ,,: I'" "':", .., '. ~,'.. . \ . I I ~'. I ~ ..,'.'i ...., 0.' .; "i~ " ... ~ \ , . , :.J ..1 ~I~ . .. ',t\ .' tI. t. 1 ~ . ~ .~. .', -:1 " '.. . ... ,.., .1"1 ..J I', I ......'- I ,~ r..J.i c.'"l'."'f' .t . ~ ,. . '1~:'1." q .' Lj.' .~~~ . ~io:':;.sc~ ~ ,1, 'Ii!,:.,...;:\", . .,,~:, .... .1i'~ "f ~-1 ;1 . ..' .-J tv, ,t':) r ;.~. ,f ..~~!",...":o'~..-' . .... ,'j , - .._ '~: ~ ~.~ " '.1 ri... I' .....0:. :i,. '"'... \' 1,.. "~ _~.; . (':', r~.ii' ..;, '~l~$:~ ,",,1 ~-'.4~ ):.j ~ .:: :It!f~;.. ~; .."'j .. " '. ; I . ~~~'-~K.' .:..:,.=..~I. .- t 001: '.. -...,. I'" ~.~~~" ,',;' ...... .1 . '. .~~.:--;.:; .' '. ", .. ... JJI. ... :': .,. , ;i, ...,..... ., J. , '. "~'. .,.,,; t. .' i. . .",. " ~. "1. .' .-. THE Pi'flA . ., GROUP 6 !!I 925 Chestnut Street, Philadelphia, PA 19107 COMMON POLICY CONDITIONS All Cover.ge Parts Included in this policy 8re subjeCI10 Ihe 'ollowlng condlllons. CANCELLATION 1, The first Named Insured shown in the Declara- tions may cancel this policy by mailing or deliv- ering to us advance written notice of cancelia- tion, 2. We may cancel this policy by mailing or deliver- ing to the first Named Insured written notice of cancellation at least: (a) 10 days before the effective date of cancel. lation if we cancel for nonpayment of pre- mlum;or (b) 30 days before the effective date of cancel- lation if we cancel for any other reason, 3. We will mail or deliver our notice to the first Named Insured's last mailing address known to us. 4. Notice of cancellation will state the effective date of cancellation. The policy period will end on that date. 5, If this policy is cancelled, we will send the first Named Insured any premium refund due, If we cancel, the refund will be pro rata, 11 the first Named Insured cancels, the refund may be less than pro rata, The cancellation will be effective even if we have not made or offered a refund, 6. 11 notice is mailed, proof of mailing will be suffi. cient proof of notice. CHANGES This policy contains all the agreements between you and us concerning the insurance afforded. The first Named Insured shown in the Declarations is author- Ized to make changes in the terms of this policy with our consent. This policy's terms can be amended or waived only by endorsement issued by us and made a part of this policy, EXAMINATION OF YOUR BOOKS AND RECORDS We may examine and audit your books and records as they relate to this pOlicy at any time during the policy period and up to three years afterward, Do INSPECTIONS AND SURVEYS We have the right but are not obligated to: 1. Make inspections and surveys at any time; 2. Give you reports on the conditions we find; and 3. Recommend changes, Any inspections, surveys, reports or recommenda- tions relate only to insurability and the premiums to be charged. We do not make safety inspections. We . do not undertake to perform the duty of any person or organization to provide for the health or safety of workers or the public, And we do not warrant that conditions: 1, Are safe or heallhful; or 2, Comply with laws, regulations, codes or stan- dards, This condition applies not only to us, but also to any rating, advisory, rate service or similar organization which makes insurance inspections, surveys, re- ports or recommendations, E. PREMIUMS. The first Named Insured shown in the Declarations: 1. Is responsible for the payment of all premiums; and 2, Will be the payee for any return premiums we pay. Fo TRANSFER OF YOUR RIGHTS AND DUTIES UN. DER THIS POLICY 0 Your rights and duties under this policy may not be transferred without our written consent except in the case of death of an individual named insured, 11 you die, your rights and duties will be transferred to your legal representative but only while acting within the scope of duties as your legal representative. Until your legal representative is appointed, anyone having proper temporary custody of your property wili have your rights and duties but only with respect to that property. ADDITIONAL EXCLUSION NUCLEAR ENERGY LIABILITY EXCLUSION (Broad Form) " THE INSURANCE DOES NOT APPLY ~nder 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 nuclear energy liability poliCY issued by Nuclear Energy liability Insurance Association, Mutual Atomic Energy Liability Underwriters, Nuclear Insurance Asso- ciation of Canada or any of their successors, or would be an insured under any such policy but for its termination upon exhaustion of its limit of liability: or , Thll IPICII~ 'Of thl Inlchmlnl of thl Dlclorlllon Plgll Ind othlll~PIIClbll'ormlln Ihl polley provldld, Ind whln 10 Iltlchld, ' 'orml I pin 0' tho polley. " ~ (2.) Resulting Irom the "hazardous properties" 01 "nuclear material" and wllh respect to which (a) any person or organization Is required to main- tain financial protection pursuant to the Atomic Energy Act 01 1954, or any law amendatory thereol or (b) the "insured" Is, or had this policy not be~n issued would be, entitled to Indemnity from the United States of America, or any agen- cy thereof, under any agreement entered Into by the United States of America or any agency thereof, with any person or organization, B. Under any Medical Payments coverage, to.expen- ses incurred with respect to "bodily Injury" resuillng Irom the "hazardous properties" of "nuclear mate- rial" and arising out of the operation of a "nuclear facility" by any person or organization. , C. Under any Liability Coverage, to "bodily injury" or "property damage" resulting from the "hazardous properties" of "nuclear material," If: (1.) The "nuclear material" (a) is at any "nuclear facility" owned by, or operated by or on behalf 01, an "insured" or (b) has been discharged or dispersed therefrom; (2.) The "nuclear material" is contained in "spent ~ fuel" or "waste" at any time possessed, han- dled, used, processedo stored, transported or disposed of by or on be~alf 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, construction, maintenance, oper- ation or use of any "nuclear facility," but if such facility is located within the United States 01 America, its territories or possessions or Cana- da, this exclusion (3,) applies only to "property damage" to such "nuclear facility" and any property thereat. 2, AS USED IN THIS ENDORSEMENT: "Hazardous properties" include radioactive, toxic or explosive properties: "Nuclear material" means "source material," "Special nuclear material" or "by-product material:" .. ~ ., "Source matenal," "Special nuclear material," and "by- product material" have the meamngs given them In the Atomic Energy Act of 1954 or in any law amendatory thereof; -, .. "Spent fuel" means any fuel element or fuel componento:~ solid or liquid, which has been used or exposed to radia- tion in a "nuclear reactor;" "Waste" means any waste material (a) containing "by- product material" other than the tailings or waste pro- duced. by the extraction or concentration of uranium or thorium from any ore processed primarily for Its "sou~ce material" content, and (b) resulting from the operalion by any person or organization of any "nuclear facill!y" included under the first two paragraphs of the deflmtlon . 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 (e) handling, processing or packag- ing llwaste::' (c) Any equipment or device use,d for the proc- essing, ,fabricating or alfoying of "special nuclear material" If 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 qf or contains more than 25 grams of plutonium or uranium 233 or any combination thereof, or more than 250 grams of uranium 235; (d) Any structure, basin, exc;avation, premises or place prepared or used for the storage or disposal of "waste:" '. and includes the site on which any of the foregoing is located, all operations conducted on such site and all premises used for such operations; "Nuclear reactor" means any apparatus designed or used to sustain nuclear fission in a self-supporting chain reaction or to contain a critical mass of fissionable mate- rial; "Property damage" Includes ail forms of radioactive contamination of property, JI1 mil",.. m~"'althe COMPANY has caused this policy to be signed by its President, or a Vice-President and Secretary, at Philadelphia, PA. Vice President 7J~"k7~ President " .-. THE PMA~ -.. GROUP I') COMMON POLICY DECLARATIONS '. ..,.. ~ PENNSYLVANIA MANUFACTURERS' ASSOCIATION INSURANCE COMPANY o MANUFACTURERS ALLIANCE INSURANCE COMPANY D. PENNSYLVANIA MANUFACTURERS INDEMNITY COMPANY POLICY NO. 828900-53-37-68-8 PRODUCER'S NAME NAMED INSURED r McCOY BROS. INCo 217 PINE ROAD, P.O. BOX D MT. HOLLY SPRINGS, CUMBERLAND 17065 I r -, CO., PA. -l L l/l/90 -l L POLICY PERIOD: From 1/l/89 To 12:01 A.M. Slandard Tima al your mailing address shown above. BUSINESS DESCRIPTION: CONTRACTORS NAMED INSURED IS: o Individual 0 Partnership 6Q Organization (includes Corporations) o Joint Venture IN RETURN FOR THE PAYMENT OF THE PREMIUM, AND SUBJECT TO ALL THE TERMS OF THIS POLICY, WE AGREE WITH YOU TO PROVIDE THE INSURANCE AS STATED IN THIS POLICY, [, THIS POLICY CONSISTS OF THE FOLLOWING COVERAGE PARTS FOR WHICH A PREMIUM IS INDICATED, THIS PREMIUM MAY BE SUBJECT TO ADJUSTMENT, Commercial Property Coverage Part Commercial Inland Marine Coverage Part Commercial General Liability Coverage Part Commercial Crime Coverage Part Other PREMIUM $ 3,881.00 $ 10,069000 $ 18,900000 $ 453.00 $ TOTAL ~ $ 33,303000 FORMS APPLICABLE TO ALL COVERAGE PARTS: CP0090 ,CMOOOl ,CR1000, CP0010 ,CP1030 ,CG0001, CPP-l , PIM2l41C,PIM2052B,PIM3582,PIM3490,CR1027,PIM-8, IL09l0,IL0246,CG004l,GL32/c630,AP27(2) COUNTERSIGNED -L/ \ '"'2-1l( ~ (Dale) ~ \~tatNel BY CPO.' (8/871 , . , , ... THE PMA., ..! GROUP COMMERCIAL ~ClPERTY DECLARATIONS NAMED INSURED POLICY NO. 828900-53- 37 -68-8 PRODUCER r McCOY BROS.. INC. 217 PINE ROAD, P.O. BOX D MTo HOLLY SPRINGS, CUMBERLAND CO. , PA. L 17065 I r .J L COVERAGES PROVIDED: In.uranca at 'h. ducrlb.d proml... appllea onl~ lor coy.rauuler whIch a limit of Inauranc. I, .hown, COVERED CAUSES OF LOSS Ba,lc Broad S eclal PREMISES INSURED 1. 217 PINE RD., PoO. BOX D, MT. HOLLY SPRINGS, PA. 2. ONE MILE WEST ON RTE. 34 ON PINE RD., MT. HOLLY SPRINGS, PA. 30 LOT /I 5, INT. 81, INDUSTRIAT, PARK, S. MIDDLETON TWP., PA. X X X "ft["'I~U 'ul~OIHQ BUILDING -, .., 1 1 300,000. lOO 2 1 3 1 350,000. lOO LIMITS OF INSURANCE II IUf'::.SI "" .. EXTRA EXPENSE LOSS Of N .... ... . 200,000. 7,500. 100 lOO .. . Or limit on loss payment VALUATION: BUILDINGS o AClual Cash Value ~ Replacement Cost Value DEDUCTIBLE: 0 $250 unla.. oth.rwl.. Indlcalld S 1 000 , . BUSINESS PERSONAL PROPERTY o Actual Cash Value l;/ Replacement Cost Velue OPTIONS: Agreed Value 0 YES 0 NO 0 Building Inllallon Guard 0 YES 0 NO _ % 0 Building Manulaclurer's OUlput Form 0 YES 0 NO EXPIRATION DATE LIMIT o Personal Properly o Personal Property BUSINESS INCOME: Monlhly Llmll 01 Indemnity Maximum Penod ollndemnlly (120) Days) Extended Period of Indemnity Deductible DYES DYES DYES o 'I, 0 'I, 0 'I, o NO o NO o NO o 60 Days 0 90 Days o 120 Days o lBO Days MORTGAGE HOLDERS: PREMISES NO. BUILDING NO. MORTGAGEE NAME AND ADDRESS DAUPIUN DEPOSIT 213 MARKET STREET HARRISBURG, PA. l7105 3 1 FORM NUMBERS: Mad. a part 01 thl. pollc~ ., 11m. oll..u., CP.OO90. PR.' (2/BB) I .J o. TIllS ENDORSEMENT CHANGES TIlE POLICY. PLEASE READ IT CAREFULLY, COMMERCIAL PACKAGE POLICY COVERAGE EXTENSION The following Is added to your polley: Business Personal Property - Away From Your Premises You may extend the insurance to your Business Personal Property to apply to: Business personal property owned by you, or others in your care, custody or control excluding money or other negotiable instruments while this property is away from your premises described in the Declarations, in transll or otherwise. The most that we will pay under \his extension Is S25,OOO or the Ilmll shown for your Business Personal Properly on the Declaration pageo whichever is the smaller IlmiL PREM: $ 500.00 This endorsement changes the polley to which 1I Is attached and Is effective on the date Issued unless otherwise staled. Effective Date of this Endorsement This endorsement forms a part of POLICY NOo ISSUED TO ISSUED BY POLICY DATED '-- \ --:>- .. , 0 - Vice Pres' ~ d Secretary Date issued P100Q.FMT'7 (NEW 11/17) CPP-I ... THE PMAfJ 'f.- GROUP fJ COMMERCIAL INLAND MARINE DECLARATIONS POLICY NO, 828900-53-37-68-8 PRODUCER'S NAME NAMED INSURED r McCOY BROS. INC. -, 217 PINE ROAD, P.O. BOX D MT. HOLLY SPRINGS, CUMBERLAND CO., PA. L 17065 -l r -, L -l IN RETURN FOR 1llE PAYMENT OF THE PREMIUM, AND SUBJECT TO ALL 1llE TERMS OF THIS POLICY, WE AGREE WITH YDU TO PROVIDE 1llE INSURANCE AS STATED IN THIS POLICYolNSURANCE APPLIES ONLY FOR COVERAGES WHICH ARE MARKED BY AN "X" IN 1llE BLOCKS BElOW. COVERAGE PARTS THAT APPLY LIMITS OF INSURANCE DEDUCTIBLE AMOUNT o Accounts Receivable Coverage o Bailee's Customers Coverage Iii! Builder's Risk and Installation Coverage ell Contractor's Equipment Coverage o Electronic Data Processing Coverage o Installation Coverage IZI Miscellaneous Property Coverage o Motor Truck Cargo Coverage ell Transportation Coverage o Valuable Papers and Records Coverage o Other Coverage: l,OOO,OOO. 789,294. 100. 100. 25,000. lOO. 20,000. 100. Signs Coverage: Type of Sign Location Umit Lettering $ $ $ Valuable Papers and Records Coverage Specifically Described Property: $ All other Covered Property: $ Description of Receptacles: see schedule attached Accounts Receivable Coverage Description of Receptacle: Duplicate Records Kept at Percentage Duplicated: Forms Applicable to Commercial Inland Marine Coverage Parts: CMOOO1, PR-3IB/B71 MISCELLANEOUS PROPERTY COVERAGE AGREEMENT In retum lor your payment of the required premium. we provide the Inland Marine coverage described in this form during the policy period subject 10 the: 1. Common Policy Conditions 2. Commercial Inland Marine Conditions Each ~em that is covered must be described below or on a schedule that Is a partolthis lorm. A coverage amounl must be shown for each ~em. This is the most that we will pay for a loss 10 that ~em. Described Item EMPLOYEE TOOL FLOATER (MAX. $5,000. PER ITEM) 1. 2. 3. 4. 5. 6, 7, B. 9. 10. Covellgt Amount $ 25,000. $ $ $ $ $ $ $ $ $ DEDUCTIBLE The lollowing deductible amount will apply 10 each loss after all other adjusttnents have been made. $ lOO. COINSURANCE You must maintain a minimum coverage amount lor each described ~em. This minimum coverage amount is the full actual cash value of the described ~em.llthe coverage amount at the time 01 loss is less than the minimum coverage amoun~ we will pay only a part 01 a loss. Our part of the loss will be determined by dividing the coverage amounl by the minimum coverage amounl This percentage will be applied to the final adjusted loss 10 determine the amount thai we will pay. PROPERTY COVERED We cover only those described ~ems lor which a coverage amount is shown. PERILS COVERED We cover direct physical loss to covered property unless the loss is caused by a peril that is excluded, The loss must be due 10 an extemal cause, PERILS EXCLUDED We do not pay for a loss ~ one or more of the following excluded perils apply to the loss. regardless 01 other causes or events that contribute to or aggravate the loss, whether such causes or events act 10 produce the loss belore. althe same time as, or after the excluded peril We do not paylor a loss that results from: 1, a dishonest or illegal ael, alone or in collusion with another, by: a you; b. others who have an inlerest in the property; c, others 10 whom you enlrUs\ the property; or d. the employees or agents of a, b. or c., whether or nOlthey are at work. We do cover loss caused by dishonest acts by carriers or other bailees for hire, 2. swindling, fraud, trick or laIse pretense. 3. the acceptance ot a counterte~ money or fraudulent post office or express money orders; or b. checks or promissofy notes which are not paid upon presentation. 4. mysterious disappearance, 5. any cause when the only proof that a loss occurred is an inventory shortage. 6. breakage 01 glass or similar fragile items. We do cover breakage ~ ~ is caused by fire; rlQhtning; windstorm; hait earthquake; ftood; smoke; explosion; aircraft. spacecrall, sell-propelled missiles. and objects thatlall from these ~ems; vehicles, including an accident 10 a transporting vehicle: strike; riot civil commotion: vandalism; theft; attempted thelt: sprinkler leakage or collapse of buildings. PIM 2141c 181871 7. a process to repair, adjus1, service or maintain the covered property. U a fire or explosion results, we do cover the loss caused by the ~re 01 exp(osion. 8. mechanical breakdowli or failure. U a fire or explosion results, we ~ cover tb~ loss caused by the fire or explosion. . . . 9. electrical currents, otherthan those caused by lighlning, thai damage an electrical apparalus or its wiring. U a fire or explosion results, we do cover the loss caused by the fire or explosion. 10. wear and lear to covered property. 11. gradual deterioration of covered property. 12. a fautt or weakness thai is Inlrinsic to the property which causes rt to break, spoil, become defective or destroy rtseU. 13. insect or vermin damage to covered property. 14. delay, loss of mar1<et.1oss of use, or business interruption. 15. obsolesence or depreciation 01 covered property. 16. war. This means: a declared war, undeclared war, civil war, insurrection, rebellion or revolution; b. a warlike act by a milrtary force or by milrtary personnet c. the destruction, seizure or use of the property for a milrtary purpose; or d. the discharge of a nuclear weapon even n rt is accidental. 17. civil authority. This means: a seizure or destruction under quarantine or customs regulations; b. confiscation or destruction by order of a government or public authority. or c. risks of contraband or illegal transportation or Irade. 18. nuclear hazard. This means nuclear reaction, nuclear radiation or radioactive contamination: a whether controlled or uncontrolled: or b. caused by, contributed 10 or aggravaled by a peril covered by this form. A loss caused by nuclear hazard will not be considered to be a loss caused by fire, explosion or smoke. U fire is covered by this form, we do cover the loss caused by a fire thai results from the nuclear hazard. We do not pay for such excluded loss even n the following conIribute to, aggravate or cause the loss: 1. the act or decision of a person, group, or organization or governmental body. This includes the failure to act or decide. 2. a faull, defect or error, negligent or no~ in: a planning, zoning, surveying, sitiOl), grading, compacting, land use, or development of property. b. the design, blueprint specification, wor1<manship, construction, renovation, remodeling or repair 01 property. This includes the materials needed to construct remodel or repair the property. c. maintenance of property. These apply whether or not the property is covered by this form. 3. a condition 01 the weather. 4. the collapse of a building or structure. DEFINITIONS 1. The words you and your mean the person, persons or organization named on the declarations. 2. the words we, us and our mean the company providing this insurance. 3. Insured means you. With respect to covered property that is not used for business, the word insured also means: a your spouse; b. your relatives n residents 01 your household: c. persons under the age of 21 in your care or the care of your residenl relatives: or d. your legal representative n you die while insured by this lorm. (This person is an insured only for the covered property.1 4. Business means a trade, profession or occupation whether full or part time. This includes: a the rental of property to others; and b. farming. 5. Described premises means thai part of the building and grounds which you occupy at the location shown. 6. Terms means the conditions, definitions. exclusions,limitalions and provisions used in this form. TERRITORY WHERE COVERAGE APPLIES Coveragae applies only while the property is in the Unrted Slates, Canada. or Puerto Rico. This includes property that is in transit, except to or from Alaska, Hawaii or Puerto Rico. 2 , , CONTRACTORS EQUIPMENT COVERAGE AGREEMENT In relum for your payment of the required premium, we provide the Inland Marine coverage described in this form during the policy period subject to the: 1. Common Policy COndrtions 2. Commercial Inland Marine Conditions Each rtem that is covered musl be described below or on a schedule that is a part of this form. A coverage amount must be shown lor each rtem. This is the most that we will pay for a loss to that rtem. The most thai we will pay for all covered property in the event alone loss will be $ 789 ,294 . Described Ilem 1. SEE AP27 # 1 2. 3. 4. 5. 6. 7. 8. 9. 10. Manulac:turer Serlal Number Coverage Amount $ $ $ $ $ $ $ $ $ $ DEDUCTIBLE The following deductible amount will apply to each loss after all other adjustments have been made. $ 100. COINSURANCE You must maintain e minimum coverage amount for each described rtem. This minimum co~erage amount is the full actual cash value of the described rtem.1f the coverage amounl at the time of loss is less than the minimum coverage amoun~ we will pay only a part of a loss. Our part of the loss will be determined by dividing the coverage amount by the minimum coverage amount This percentage will be applied to the final adjusted loss to determine the amount that we will pay. PROPERTY COVERED We cover only ttlose described ttems for which a coverage amount is shown. II is a condition that at the time this coverage is effective all described ttems are in sound condrtion. EXTENSION OF COVERAGE We cover contractor's equipmenl acquired during the policy period for up to 30 days after each rtem is acquired. You must provide us with a complete description of each rtem wrthin this 3O-day period and pay the additional premium. We cover these rtems for their actual cash value. The most that we will pay for all such ttems will be the smaller of the following: 1. 25% of the lolal coverage amount for all described rtems; or Coverage for each rtem acquired will end at the eartiest of the following: 1. when the newly acquired rtem is reported to us. 2. the end of the reporting period shown above. 3. the expiration dale of this form. We cover property while rt is leased, loaned or rented to others. PROPERTY EXCLUDED We do not cover. 1. property that is not in sound condition when this coverage is effective. 2. property that is waterborne. We do cover property thai is in transrt on a regular ferry, lighter or cartloat 3. property thai is underground, in caissons or underwaler. 4. property that is or will be a permanent part of a building or structure. PIM 2052b (8/87) 5. plans, bluePrints, designs or specifications. 6. se~.propelled vehicles that are designed for highway use. 7. aircraft 8. watercraft 9. tires and lubes mounled on vehicles. We do cover tires and lubes mounted on covered vehicles, it. a the loss is caused by fire, windstorm, theft or vandalism. b. the loss is caused by a covered peril which also damages the vehicle. PERILS COVERED We cover direct physical loss 10 covered property unless the loss is caused by a peril that is excluded. The loss must be due to an external cause. PERILS EXCLUDED We do nol pay for a loss n one or more of the following excluded perils apply to the loss, regardless of other causes or events that contribute to or aggravale the loss, whether such causes or events actio produce the loss before, at the same time as, or after the excluded peril. We do not pay for a loss that results from: 1. a dishonest or Illegal act alone or in collusion wrth another, by: a you; b. others who have an interest in the property; c. others 10 whom you entrust the property; or d. the employees or agents of a, b. or c., whether or not they are at wor1<. We do cover loss caused by dishonest acts by carriers or other bailees for hire. 2. mysterious disappearance. 3. any cause when the only proof thai a loss occurred is an inventory shortage. 4. dampness of atmosphere. 5. extremes of temperalure. 6. corrosion or rust. 7. pitting. 8. mechanical breakdown or failure. II a fire or explosion resutts. we do cover the loss caused by the fire or explosion 9. electrical currents, other than those caused by Iighlning, that damage an electrical apparatus or rts wiring. If a fire or explosion results, we do cover the loss caused by the fire or explosion. 10. a process 10 repair, adjus~ service or mainlain the covered property. If a fire or explosion results, we do cover the loss caused by the fire or explosion. 11. the weight of a load when rt exceeds the designed capacrty of a machine to lift or support the load from any position. 12. wear and lear 10 covered property. 13. gradual deterioration of covered property. 14. a faun or weakness that is intrinsic to the property which causes rt 10 break, spoil, become defective or destroy rtse~. 15. insect or vermin damage to covered property. 16. delay, loss of mar1<et loss of use, or business interruption. 17. obsolescence or depreciation of covered property. 18. war. This means: a declared war, undeclared war, civil war, insurrection. rebellion or revolution; b. a wa~ike act by a milrtary force or by milrtary personnel: c. the destruction, seizure or use of the property for a milrtary purpose: or d the discharge of a nuclear weapon even n n is accidental. 19. civil authority. This means: a a seizure or destruction under quarantine or customs regulations; b. confiscation or destruction by order of a govemmenl or public authori1y; or c. risks of contraband or illegal transportation or trade. 2 20. nuclear, hazard. This means nuclear reaction, nuclear radiation or radmctive contamination: a whelher Controlled Or uncontrolled; or b. caused by, contributed to or aggravated by a peril covered by this f~rin. A iosS caused by nuclear hazard will noI be considered to be a loss caused by fire, explosion or smoke. 11 fire is covered by this form, we do cover Ihe loss caused by a fire Ihat results hom the nuclear hazard. We do not pay for such excluded loss even n the following contribute to, aggravate or cause the loss: 1. the act or decision of a person, group, organization or govemmenta1 body. This includes the failure to act or decide. 2. a faull, defect or error, negligent or ~ in; a planning, zoning, surveying, siting, grading, compacting, land use, or development of property. b. the design, blueprint specification, wor1<manship, construction, renovation, remodeling or repair of property. This includes the materials needed to construcL remodel or repair the property. c. maintenance of property. These app1y whether or not the property is covered by this form. 3. a condition 01 the weather. 4. the collapse of a building or structure. TERRITORY WHERE COVERAGE APPLIES Coverage applie.~ only while the property is in the Unrted States, Canada or Puerto Rico. This includes property thai is in transrt except to or from Alaska, Hawaii or Puerto Rico. DEFINITIONS 1. The words you and your mean the person, persons or organization named on the declarations. 2. the words we, us and our mean the company providing this insurance. 3. Insured means you. With respect to covered property that is not used for business, the word insured also means: a your spouse: b. your relatives n residents of your household; c. persons under the age 0121 in your care or the care of your resident relatives; or d. your legal representative n you die while insured by this form. (This person is an insured only for the covered property.) 4. Business means a trade, prolession or occupation whether full or part time. This includes: a the rental of property to others; and b. farming. 5. Described premises means Ihal part of the building and grounds which you occupy at the location shown. 6. T errns means the conditions, definitions, exclusions, limitations and provisions used in this form. 3 Dale EQUIPMENT SCijEDULE . SERIAL # 9870237 17037716 9062845 80H5202 05200621 85J8780 11K3130 ~ 1983 1985 1979 1974 1984 1974 1971 AMOUNT $ 38,500. 36,500. 49,000. 24,000. 90,100. 40,000. 33,500. 5,000. 2,500. 14,840. 16,100. 14,854. 15,500. 3,000. 6,700. 2,500. 25,000. 1,000. 3,500. 8,500. 10,200. 500. 1,200. 3,000. 2,500. 2,500. 1,500. 2,500. Nothing he,.ln cantllnMS thin bl hald to v.ry, .It.~ wII"I. or ..tand any of thl term., limits or condition, o. thl. policy, ..cept II above IUnd. . DESCRIPTION CASE LOADER BACKHOE - 580-E CASE LOADER BACKHOE - 58o-E CASE LOADER BACKHOE - 58o-D CAT TRACK LOADER 941-B CAT TRACK LOADER 953 CAT TRACK LOADER 955-L CAT TRACK LOADER 977-K TROJAN LOADER - 134-A MELROW BOBCAT - M 600 CASE UNILOADER-1845 CASE UNILOADER-1845-B CASE UNILOADER-1845-B KOEllRING SKYTRACK PCM 4030 HUBER MAITAINER GRADER M 500 AUSTIN WESTERN GRADER RAYCO ROLLER-236 VIBRATORY ROLLER JAEGER COMPRESSOR INGERSOLL RAND COMPREsSOR 160 CFM INGERSOLL RAND COMPRESSOR 175 CFM INGERSOLL RAND COMPRESSOR CORAIN CRANE OLIVER 550 TRACTOR WILLIA}!S MOBILE OFFICE WHITLEY TRAILER TRAIL MOBILE TRAILER WELLS CARGO TRAILER TRAIL MOBILE TRAILER 4479942 985-5240 9881528 9883414 374030018 CM-2999 5145-6152 06c0610D 5101-5 C020900 66960UT2250 1972 1959 120463081926 145591 1985 61455519 28627 13891 461024016 242WC3952 1101028304 1976 1914 Thl, .ndo,...m~t form. I Plrt of POLICY NO. ISSUED TO EHktlvl on and .fter PENNSYLVANIA MANUFACTURERS' ASSOCIATION INSURANCE COMPANY Endo,..mant . 1 PAGE 1 ViCe President AP 27 ...."........."w............ . Date EQUIPMENT SCHEDULE (CONTINUED) DESCRIPTION . SERIAL # YEAR AMOUNT STRICK TRAILER 11992 $ 1,000. STRICK TRAILER D48718 1,000. STRICK TRAILER 220839 1978 1,750. DORSEY TRAILER 14830 500. GREAT DANE TRAILER TC2841PA 500. GINnY TRAILER 105459E 1973 1,725. GINnY TRAILER 78512 1971 1,725. FRUEHAUF TRAILER HPP433001 1973 1,000. FRUEHAUF TRAILER 1IPP433002 1973 1,000. FRUEHAUF TRAILER FW61223 1,000. FRUEHAUF TRAILER AV8343 1967 1,000. FRUEHAUF TRAILER SWT5316 1,000. FRUEHAUF TRAILER HPJ135301 1,750. FRUEHAUF TRAILER HPJ149107 1,750. FRUEHAUF TRAILER HPIO.64106 1969 1,750. FRUEHAUF TRAILER HPM317201 1970 1,725. FRUEHAUF TRAILER HPKl88602 1970 1,725. FRUEHAUF TRAILER HPN390602 1971 1,725. FRUEHAUF TRAILER HPR471001 1973 1,725. FRUEHAUF TRAILER HPP442101 1973 1,725. FRUEHAUF TRAILER AV7376 1976 500. TRAILCO TRAILER 8356 1972 1,725. TRAILCO TRAILER 8357 1972 1,750. TRAILCO TRAILER 6012 1968 1,750. TRAILCO TRAILER 6887 1969 1,750. TRAILCO TRAILER 6677 1969 1,750. TRAILCO TRAILER 6885 1969 1,750. TRAILCO TRAILER 8070 1971 1,725. TRAILCO TRAILER 8616 1972 1,725. TRAILCO TRAILER 128392 500. (3 CELLULAR CAR PHONES): CHEVROLET PICK-UP 289 CIa 1276 1987 1,000. CHEVROLET VAN 289 CLA 2871 1980 1,000. GMC TRUCK VAN #58529 289 CKY 1533 1983 1,000. CASE 580K LOADER/BACKHOE 20526 42,500. CASE 1845C UNILOADER 56167 18,500. KAMATSU D665-1 CRAWLER/ 01565 123,000. LOADER WILLIAMS MOBILE OFFICE C40201 3,400. Not,..lnll he'eln contelned shell be held to very, elte( welve, or e.tend eny 01 the term., tlml" or condition. of thl. pOlley. e.clIPt .. .bov. Iteted. This .ndOfMment lorms e pert of POLICY NO. IssueD TO Effective on .nd .Ihr PENNSYLVANIA MANUFACTURERS' ASSOCIATION INSURANCE COMPANY EndorMment _ 1 PAGE 2 Vice President ",po 2'7 DESCRIPTION FRUEHAUF TRAILER OTHER MISC. EQUIPMENT EQUIPMENT SlCIlEDULE (CONTINUED) . SERIAL # YEAR 109411 AMOUNT $ 1,800. 100,000. Datc TOTAL: $ 789,294. Nothlno ha,.ln contllned thall be held to vary. Iltet. Wllv.. or ..tend any of the term.. IImln Dr condldon. at (hit policy. '.Clln: .. abovI nand. Thll .ndorMment form. I p." of POLICY NO. ISSUED TO Effective on and ,f..r PENNSYLVANIA MANUFACTURERS' ASSOCIATION INSURANCE COMPANY Vice President EndorMment _ 1 PAGE 3 AP 27 ....,...,..................-.,. Date LOSS PAYEE FOR KOMATSU SERIAL #01565: ASSOCIATES COMMERCIAL. INC. Nothing h.r.ln con..lned .",11 tM h.ld 10 varv. .1111( waw., or ....nd anv of m. tatml. limits Dr condl.lon. of mi. pOlicy. ..Cepl .. above ItIInd. ; Thl. .ndo....mM. form. I p." of POLICY NO. ISSUED TO Effectlv. on ,nd .her PENNSYLVANIA MANUFACTURERS' ASSOCIATION INSURANCE COMPANY Endor..m.n. - 2 Vice President A,p 21 TRANSPORTATION COVERAGE AGREEMENT In relum for your payment 01 the requ~ed premium, we provide the Inland Marine coverage described in this form during the policy period subject to Ihe: 1. Common Policy Conditions 2. Commercia/Inland Marine Condrtions DESCRIBED PROPERTY The covered property thai you ship consists mainly of: For each srtualion described below, the coverage amount shown is Ihe most that we will pay for a loss: 1. For each loss that involves more than one railroad car, vessel ()( vehicle. 2. For property subject 10 rtem 1. on each railroad car, vessel or vehicle, while rt is In the custody of: a a railroad. b. a private paid delivery service. c. a public trucker. d. an air carrier. e. you, on a vehicle thai you own,lease or hire. Coverage Amounl $ 20,000. $ NOT APPLICABLE $ NOT APPLICABLE $ NOT APPLICABLE $ $ 20,000. REPORT, RATE AND PREMIUM Report RIle You must report o Annually, with an annual adjustment o This form is not subject to annual adjUSlrnent o Other . Railroad $ Private Paid Delivery Service $ Public Trucker $ I>Jr Carrier $ Your Vehicles $ or Combined Single Rate $ Premium Estimated Premium $ Minimum Premium $ DEDUCTIBLE The following deductible amount will apply to each loss after all other adjUSlrnents have been made. PROPERTY COVERED We cover the described properly that belongs to you. We also cover similar property that 1. belongs to others, and for which you are liable. 2. is consigned 10 you. 3. you have made an advance paymenl for. The described property is only covered while rt is in transrt by those means of transrt for which a coverage amount is shown. This property is also covered while rt is on a dock, wharf, pier, bulkhead, p1allorm, depot or station. but only n the property is in the custody of a common carrier incident 10 its transil $ 100. EXTENSION OF COVERAGE AI your option. we will cover the described property that you have sold to others under F.O.B. point of origin, or other lerms where your Iiabilrty for the property has ended before rt arrives at its destination. This exte~sion of coverage aPPlies only n Ihe customer consignee: 1. has not provided you with instructions regarding coverage; or 2. does not have Insurance to cover the property. This extension of coverage does not increase the coverage amounts shown. PIM 3582 18/87) ,~ PROPERTY EXCLUDED . We do not cover. 1. property that is shipped by mail 2. import shipments untillhe eartiel 01 the following: a the property is unloaded from Ihe transporting vehicle or vessel; or b. Ihe ocean marine, or other Insurance th~t cove" this property, expires. 3. export shipments after the eartier of the following: a the property is loaded onto the transporting vessel or vehicle: or b. the ocean marine, or other Insurance that cove" this property, begins. 4. money. This means currency, coins, bank noles, money coders, travelers checks, bullion and slmilar Kerns. 5. securities. These ere any negotiable or nonnegotiable agreements in writing that have value. They Include revenue stamps, other stamps In cument use, tokens and tickets. 6. accounts, bills, deeds or an evidence of debt. 7. live animals. This includes bird and fish. 8. shipments thai have been relumed by the receiver. PERILS COVERED We cover direct physical loss to covered property unless the loss is caused by a perillhal is excluded. The loss must be due to an exlemal cause. PERILS EXCLUDED We do not pay for a loss n one or more of the following excluded periis app1yto the loss, regardless of other causes or events that conlribute to or aggravate the loss, whether such causes or events act to produce the loss before, at the same time as, or after the excluded peril We do not pay for a loss that resufts from: 1. a dishonest or illegal act alone or in collusion with another, by: a you; b. others who have an interest in the property; c. others to whom you entrust the property; or d. the employees or agents of a, b. or c. whether or nol they ana at work. We do cover loss caused by dishonest acts by carriers or other bailees for hire. 2. swindling, Irick, fraud or false pretense. 3. the acceptance at. a counterfeK money or fraudulent post office or express money orders: or b. checks or promissory notes thai are not paid upon presenlation. 4. mysterious disappearance. 5. any cause when the only proof Ihat a loss occurred is an inventory shortage. 6. corrosion or rust 7. the following: a breakage of glass, glassware, fine arts, or similar fragile rterns. b. marring or scratching. c. chipping, denting or bending. d leakage, evaporation or shrinkage. e. mold or rot f. by being soured, scented, discolored or changed in flavor. We do cover these losses n Ihey are caused by fire; lighlning: windstorm: hail: earthquake; flood; explosion; smoke: aircraft, spacecraft, seK.propelled missiles, including objects thai fall from these rtems; vehicles, including an accident to a transporting vehicle; strike: riot. civil commotion; vandalism: theft; attempted theft; sprinkler leakage or the collapse of Ihe buildings. 8. mechanical breakdown or failure. K a fire or explosion NSufts, we do cover the loss caused by the fire or explosion. 9. improper packing, stowage or rough handling. . , 2 ...~o-o... ,.....,,,. 1 O. wear and tear to covered property. 11. gradual deterioration of covered property. . . . . 12. a faun or weakness that is intrinsic to the property which causes n lb break,' spoil, become defective or destroy rtsell. 13. insects or vermin damage to covered property. 14. delay, loss of mar1<e~ loss of use, or business interruption. 15. obsolescence or depreciation of covered property. 16. war. This means: a declared war, undeclared war, civil war, insurrection, rebellion or revolution; b. a wariike act by a milrtary force or by milrtary personnet c. the destruction, seizure or use of the property for a milrtary purpose; or d. the discharge of a nuclear weapon even n rt is accidental. 17. civil authority. This means: a seizure or destruction under quarantine or customs regulations; b. confiscation or destruction by order of a govemment or public authority. or c. risks of conIraband or illegal transportation or trade. 18. nuclear hazard. This means nuclear reaction, nuclear radiation or radioactive contamination: a whether controlled or uncontrolled; or b. caused by, contributed to or aggravated by a peril covered by this form. A loss caused by nuclear hazard will not be considered to be a loss caused by fire, explosion or smoke. 11 fire is covered by this form, we do cover the loss caused by a fire thai results from the nuclear hazard. We do not pay for such excluded loss even n the following conIribute to, aggravate or cause the loss: 1. the act or decision of a person, group, organization or govemmentaJ body. This includes the lailure to act or decide. 2. a faull, defect or error, negligent or not in: a planning, zoning, surveying, siting, grading, compacting, land use, or development of property. b. the design, blueprint specification, workmanship, construction, renovation, remodeling or repair of property. This includes the materials needed to construct remodel or repair the property. c. maintenance of property. These apply whether or not the property is covered by this form. 3. a condition 01 the weather. 4. the collapse of a building or structure. DEFINITIONS 1. The words you and your mean the person, persons or organization named on the declarations. 2. The words we, us and our mean the company providing this insurance. 3. Insured means you. With respect to covered property that is not used for business. the word insured also means: a your spouse; b. your relatives n residents 01 your household: c. persons under the age of 21 in your care or the care of your resident relatives; or d. your legal represenlative n you die while insured by this form. (This person is an insured only for the covered property.) 4. Business means a trade, profession or occupation whether full or part time. This includes: a the renlal of property to others: and b. farming. 5. Described premises means that part of the building and grounds which you occupy at the location shown. 6. Terms means the conditions, definitions, exclusions,limrtations and provisions used in this lorm. TERRITORY WHERE COVERAGE APPLIES Coverage applies only while the property is in the Unrted Slates, Canada or Puerto Rico. This includes property thai is in transrt exceplto or from Alaska, HawaII or Puerto Rico. J ~ VAlUATION This replaces the "Valuation" provision In the Commercial Inland Marine Conditions. The value 01 the property will be based on the following amounts. 1. Labels, containers. capsules, and wrappers will be valued at the cost 10 replace them with new rtems. 2. All other property will be valued at rts invoice price, plus any accrued charges. 11 there is no invoice, the value 01 the property is the mar1<et value at rts point 01 destination. This value will be determined at the time of loss. SUBROGATION This replaces "K" Transfer 01 Rights of Recovel'f Against Ctthers To Us, under the Commercial Inland Marine Conditions: If we pay lor a loss, we may require thai you assign your right 01 recovel'f to us. We will not pay for a loss nyou impair this rightof recovel'f. You may waive your right to recover against a common carrier, but only to the exlent of the bill of lading that the carrier uses. REPORTING TERMS 1. Reports. If this form has "annual adjustment" checked on page 1 you must send us a written report showing the total values of all property shipped as of the last business day of the selected reporting period. II a combined single rate is not used, you must show the values shipped by each means oftransil used during the reporting period. This report is due within 30 days after the end of the selected reporting period. 2. Premium Adjustment The premium shown is an estimate. At the end otthe selected reporting period, we will multiplylhe total values shipped by the rates shown todelermlne the eamed premium. The eamed premium will be applied against the estimaled premium. All premium that exceeds the estimated premium is due aI the time the premium is adjusted. If the tolal earned premium for each twelve-month period does not exceed the estimated premium, we will relum the difference to you. 3. Minimum Premium. The minimum premium is not subject to e refund. .' .' 4 .. . . BUILDERS' RISK AND INSTALLATION COVERAGE AGREEMENT In relum for your payment or the required premium, we provide the Inland Marine coverage described in this form during the policy period subject to the: 1. Common Policy COnditions 2. Commercial Inland Marine Conditions DESCRIBED PROJECT For each location or situation described below, the coverage amount shown is the most that we will pay for a loss. 1. For property at anyone construction premises. 2. For property in transit. 3. For property at a temporary storage location. 4. For all covered property in the event of a loss. 5. "Reporting the Compleled Value" Option Applies Coverage Amounl $ 1.000.000. $ 1.000.000. $ 1.000.000. $ 1.000.000. Dyes Dno DEDUCTIBLE The following deductible amount will apply 10 each loss after all other adjustments have been made. $ 100. COINSURANCE You must mainlain a minimum coverage amount This minimum coverage amount is the full contract value of the described project. 11 the coverage amount at the time of loss is less than the minimum coverage amount we will pay only a part 01 a loss. Our part of the loss will be delermined by dividing the coverage amount by the minimum coverage amount This percenlage will be applied to the final adjusted loss to delermine the amount that we will pay. This clause does nol apply 10 property in transit or at a temporary storage location. PROPERTY COVERED We cover the building under construction al the described premises. We also cover all malerials, supplies, equipmem machinery and fixtures thai are owned by you, or for which you are legally liable, thai are to be installed by you or al your direction while the property is: 1. on the described premises. 2. in transit 3. at a temporary storage location. We also cover scallolding, construction forms and lemporary structures but only while they are on the described premises. Coverage for this property begins when the property is at your risk which begins on or after the ellective date of this coverage. This coverage will end at the earliest 01 the following: 1. when the described project is abandoned with no intention to complete it 2. once a building or structure that is a part of the described project IS occupied for rts intended purpose. 3. 30 days after construction on the described project is completed. 4. after your interest in the described project ends. 5. once the described project is accepted by the owner or buyer. 6. once the descnbed project is leased or rented to others. 7. on the expiration dale of the form. PIM 3490 161e71 PROPERTY EXCLUDED We do not cover. 1. an eXisting building or structure to which an addition, aneration. improvemenl or repair is being made. 2. property slored al a permanenl warehouse or storage yard thai you own. 3. money. This means currency, coins, bank noles, money orders, travelers checks, bullion and similar i1ems. 4. securities. These are any negotiable or nonnegotiable agreements in writing that have value. They include revenue stamps, other stamps in current use, tokens and tickets. 5. accounts, bills, deeds or an evidence 01 debl 6. a plan, b1ueprin~ design or specification. 7. se~-propelled vehicles that are designed lor highway use. 8. aircraft 9. watercraft 10. all animals, including birds and fish. 11. trees, grass, sod, shrubbery or plants. 12. machinery, lools, equipment supplies or similar property that do not become a permanent part of the described projecl This includes contractor's equipment and other tools that belong to a contractor or subcontractor but does not include scaftolds, construction forms or temporary structures. 13. penalties lor: a not completing the described project b. failure 10 complete the described project on time. c. failure to comply with the terms of a contract PERILS COVERED We cover direct physical loss 10 covered property unless the loss is caused by a peril that is excluded. The loss must be due to an extemal cause. PERILS EXCLUDED We do not paylor a loss n one or more 01 the lollowing excluded perils apply to the loss, regardless of other causes or events that contribute toor aggravale Ihe loss, whether such causes or events act to produce the loss before, at the same time as, or after the excluded peril We do not pay for a loss thai results from: 1. a dishonest or illegal ac~ alone or in collusion wrth another, by: a you; b. others who have an interest in the property; c. others to whom you entrust the property; or d. the employees or agents 01 a, b. or c. whether or not they are at work. We do cover loss caused by dishonest acts by carriers or other bailees lor hire. 2. swindling, Irick, fraud or false pretense. 3. the acceptance at a counterteil money or fraudulent post 01llce or express money orders; or b. checks or promissory notes that are not paid upon presenlation. 4. mysterious disappearance. 5. any cause when the only proof that a loss occurred is an inventory shortage. 6. corrosion or rust 7. rol or mold. 8. dampness of atmosphere. 9. expansion or contraction due to a change in temperature. 10. rain, sleet snow, ice or freezing 10 property thai is outside of a building. We do cover loss from these perils 10 property in transil 11. breakage of glass. We do cover glass breakage iI rt is caused by fire; Iighlning; windstorm; hail; smoke; explosion; aircraft spacecrall, sen-propelled miSSiles and objects thai fall from these rtems; vehicles, including an accidenllo a transporting vehicle; strike; not Civil commotion; vandalism; theft attempted theft spnnkler leakage; or collapse 01 buildings. 2 1:!. mechanical or eleclrical breakdown or failure. II a fire or explosion results, we do cover the loss caused by the fire or explosion. 13: electrical currents, Cllher than those caused by lightning. thai damage an electrical apparatus or rts wiring. 11 a fire or explosion iesults, we do eover the loss caused by the fire or explosion. . , . . 14. earth movemenl This includes: a earthquake; b. sinkhole; c. landslide or mudftow; and d. the rising, sinking or shifting of the earth. If a fire or explosion results, we do cover the loss caused by the fire or explosion. We do cover loss caused by earth movement n the property is away from the described premises. 15. volcanic actiWy. This means the lormation, eruption or ellusion of a volcano. II includes ash, cinders, dust lava. steam and other products that resutt from volcanic activrty. The lormation, eruption or ellusion 01 a volcano is not an explosion. If a fire or explosion results, we do cover the loss caused by the fire or explosion. We do cover loss caused by volcanic actiWy n the property is away from the described premises. 16. water. This means: a flood, surtace waler, waves,lidal water orthe overilow of a body 01 water. This includes spray that results from these, whether driven by wind or not b. waler that backs up through a sewer or drain. c. water below the surface of the ground. This includes water that exerts pressure on or flows, seeps or leaks inlo a building, sidewalk, foundation or other structure or through a door, window or other opening. If a fire or explosion results, we do cover loss caused by the fire or explosion. We do cover loss caused by water n the property is away from the described premises. 17. boiler explosion. This means an explosion or implosion that occurs inside of a boiler. Connected pipes, flywheels, engines and other machinelY are a part of a boiler. 18. lesting.1f a fire or explosion resutts, we do cover the loss caused by fire or explosion. 19. settling, cracking, shrinking, expanding or bulging of a waif, ceiling, floor, roof, foundation, footing or pavement 20. the cos1 to make good or replace faully or delective materials or wor1<manship. 21. a fault defect deficiency, error or omission in a plan, blueprint design or specification. 22. an ordinance or law thai regulates the construction, demolition or repair 01 covered property. 23. wear and lear to covered property. 24. gradual deterioration of covered property. 25. a fauh or weakness thai is intrinsic to the propei!Y which causes rt 10 break, spoil, become defective or destroy rtself. 26. insect or vermin damage to covered property. 27. delay,loss of mar1<etloss of use, or business interruption. 28. obsolescence or depreciation of covered property. 29. war. This means: a declared war, undeclared war, civil war, insurrection, rebellion or revolution; b. a wartike act by a milrtary force or by mil~ary personnel: c. the destruction, seizure or use of the property for a milrtalY purpose: or d. the discharge of a nuclear weapon even n ~ is accidental. 30. civil authority. This means: a seizure or destruction under quarantine or customs regulations; b. confiscation or destruction by order of a govemment or public authorl1y; or c. risks of contraband or illegal transportation or trade. 31. nuclear hazard. This means nuclear reaction, nuclear radiation or radioactive contamination: a whether controlled or uncontrolled; or b. caused by, contributed to or aggravated by a peril covered by this form. A loss caused by nuclear hazard will not be considered to be a loss caused by fire. explosion or smoke. If fire is covered by this form. we do cover the loss caused by a fire that results from the nuclear hazard. We do not pay for such excluded loss even d the followlOg conlnbute to, aggravate or cause the loss: 3 1. the acl or dljCiSion 0111 person, group, organization or govemmental bod'i. T\1is includes the failure to act or decide. 2. a faull, defect or error, negligent or not in: a planning, zoning, surveying, siting, gradlOg, compacting, land use, or developmenl of property. b. the design, blueprint specificabon, workmanship, construcbon, renovallon, remodeling or repair 01 property. This includes the materials needed lo construct remodel or repair the property. c. mainlenance 01 property. These apply whether or not the property is covered by this form. 3. a condition of the weather. 4. the collapse 01 a building or structure. TERRITORY WHERE COVERAGE APPLIES Coverage applies only while the property is in the Un~ed Slates, Canada or Puerto Rico. This includes property that is in transrt exceptio or from Alaska, Hawaii or Puerto Rico. VALUATION This replaces the "Valuation" provision in the Commercial Inland Marine Conditions. The value of the property will be its actual cash value at the time of loss. This value includes: 1. labor charges. 2. transportation costs. 3. the cost of insurance. 4. taxes. REPORTING THE COMPLETED VALUE 1. Reports ~ page one indicates "yes," then the following applies: Once the project is compleled you must send us a written report showing the tolal compleled value of the project You must report the lotal completed value, even n rt exceeds the coverage amount shown. The report does not change the coverage amount 2. Premium Adjusmenl The premium shown is an estimale based on the contract value. The eamed premium will be determined by multiplying the completed value by the rale shown. ~ the eamed premium exceeds the estimated premium by more than 5%. the additional premium will be due when the premium is adjusted. EXCESS COVERAGE You may purchase excess insurance coverage for the described project The excess insurance coverage will not reduce the coverage amount shown. OCCUPANCY Once the described project or one or more of ils buildings or struclures is completed, ~ must nol be occupied without our written consent However, machinery that is a part of the described project may be sel up and operaled for the sole purpose of testing it DEFINITIONS 1. The words you and your mean the person, persons or organization named on the declarations. 2. The words we, us and our mean the company providing this insurance. 3. Insured means you. With reSpel.110 covered property thai is nol used for bUSiness, the word insured also means: a your spouse: b. your relatives n residents of your household; c. persons under the age of 21 in your care or the care of your resident relatives: or d. your legal represenlative n you die while insured by this form. (This person is an insured only for the covered property.) 4. Business means a trade, profession or occupallon whether full or part time. This includes: a the renlal of property to others; and b. farming. 5. Described premises means that part of the building and grounds which you occupy at the location shown. 6. Terms means the conditions. definitions, exclusions, limrtations and provisions used in this form. 7. Completed Value. This IS the actual value of a projecl when rt is completed.' , 8. Contract Value. This is the estimated tolal cost of a project before construction begins. 4 -.--.-.- We do not pay for a loss n one or more 01 the following excluded perils apply to the loss, regardless of other causes or events that contribute to or aggravate the loss, whether such causes or events actio produce the loss before, al the same time as or after the excluded peril. We do not pay lor a loss thli! results from: 1. wear and lear 10 covered property. 2. gradual delerioration of covered property. 3. a faun or weakness thai is intrinsic to the property which causes rt to break, spoil, become delective or deSlrOy rtseW. 4. insect or vermin damage to covered property. 5. delay, loss 01 mar1<et loss of use, or business inlerruption. 6. obsolescence or depreciation of covered property. 7. war. This means: a declared war, undeclared war, civil war, insurrection, rebellion or revolution: b. a warlike act by a milrtary force or by milrtary personnel: c. the destruction, seizure or use of the property for a milMI'( purpose: or d. the discharge of a nuclear weapon even n rt is accidental. 8. civil authority. This means: a seizure or destruction under quarantine or customs regulations; b. confiscation or destruction by order of a government or public authority; or c. risks of contraband or iIIegaltransporlation or trade. 9. nuclear hazard. This means nuclear reaction, nuclear radiation or radioactive contamination: a whether controlled or uncontrolled, or b. caused by, contributed to or aggravated by a peril covered by this form. A loss caused by nuclear hazard will not be considered to be a loss caused by fire, explosion or smoke. 11 fire is covered by this form, we do cover the loss caused by a fire that results from the nuclear hazard. 10. other perils that are roOt covered. These are listed for each coverage. We do not pay for such excluded loss even n the lollowing contribute to, aggravale or cause the loss: 1. the act or decision of a person, group, organization or govemmental body. This includes the failure to act or decide. 2. a faull, defect or error, negligent or no~ in: a planning, zoning, sUlveying, siting, grading, compacting, land use, or development of property. b. the design, blueprint specification, wor1<manship, construction, renovation, remodeling or repair of property. This includes the materials needed to construct remodel or repair the property. c. maintenance of property. These apply whether or not the property is covered by this form. 3. a condition of the weather. 4. the collapse of a building or structure. ADDITIONAL DEFINITIONS INLAND MARINE AMENDATORY ENDORSEMENT ADDITIONAL. PERILS EXCLUDED 1. The words you and your mean the person, persons or organization named on the declarations. 2. The words we, us and our mean the company providing this insurance. 3. Insured means you. With respect to covered property that is not used for business, the word insured also means: a your spouse: b. your relatives n residents of your household: c. persons under the age of 21 in your care or the care of your resident relatives; or d. your legal represenlative n you die while insured by this form. (This person is an insured only for the covered property.1 4. Business means a trade, profession or occupation whether full or part time. This includes: a the renlal of property to others; and b. farming. 5. Described premises means that part of the building and grounds which you occupy at the location shown. 6. Terms means Ihe conditions. definitions. exclusions, limMtions and provisions used in this form. PIM.818/871 ~ .-. THE PMAe fl.- GROUP e FIRST NAMED INSURED COMMERCIAL GENERAL LIABILITY DECLARATIONS POLICY NO. 828900-53-37-68-8 PRODUCER'S NAME r McCOY BROS. INC. 217 PINE ROAD, P.O. BOX D MT. HOLLY SPRINGS, CUMBERLAND L 17065 ADDITIONAL NAMED INSUREDS: -, r -, CO., PA. .J L .J IN RETURN FOR THE PAYMENT OF THE PREMIUM, AND SUBJECT TO ALL THE TERMS OF THIS POLICY, WE AGREE WITH YOU TO PROVIDE THE INSURANCE AS STATED IN THIS POUCY. RETROACTIVE DATE (CG 00 02 only) Coverage A of this Insurance does not apply 10 "bodily injury" or "property damage" which occurs before the Retroactive Date, If any, shown below. Retroactive date: (Enter Date ()t "Non'" it no Retroactive Date appliesl COVERAGES: cr OCCURRENCE o' CLAIMS MADE 0 OWNERS AND CONTRACTORS PROTECTIVE o OTHER LIMITS OF INSURANCE GENERAL AGGREGATE (Other Than Products-Completed Operationsl PRODUCTS AND COMPLETED OPERATIONS AGGREGATE PERSONAL AND ADVERTISING INJURY LIMIT EACH OCCURRENCE LIMIT FIRE DAMAGE LIMIT (Any One Fire) MEDICAL EXPENSE LIMIT An One Person $ 1,500,000. $ 500,000. $ 500,000. $ 500,000. $ 50,000. $ 5,000. DEDUCTIBLES: o PROPERTY DAMAGE o o $ $ $ o PER CLAIM o PER OCCURRENCE COVERAGE PARTS AND ENDORSEMENTS TO THIS POLICY: CGL.2181D7) . . .-. THE" PMAe 'f.. GROUP e COMMERCIAL GENERAL LIABILITY SUPPLEMENTAL DECLARATIONS I , I 1.ocoI1Ion or.1I praml... you own, ranI, 0' occupy 'ft ~~ ~=I.. Part Occupiod I 0wMt ....- Tenant Whole Part I SAME X X SCHEDULE OF HAZARDS Premium Bese and Exposure Reporting Basis (Pe, 1,000) (s) Gross Sales (p) Payroll la' Area Ie) Conlt8C\ CoSl (I) Other I..... ClASSIFICATION CLASS PRElIlUlI RATE PRElIIUlI NO. COOE BASIS TERR. PRElIIOPS PROOUCTS PRElIIOPS PRODUCTS CARPENTRY - NOC 91342 p) 784,000. 999 6.832 .667 5,356.00 523.00 l.\A.SONRY 97447 p) 425,000. 999 7.505 .835 3,190.00 355.00 EXCAVATION 94007 p) 238,000. 999 32.264 .856 7,679.00 204.00 CONTRACTORS 91583 c)9,OOO,OOO. 999 .084 .093 756.00 837.00 COVERAGE MINIMUM PREMIUMS------- ------ ------------ 1-------- 370.00 268.0C ELEVATORS - NONE AT INCEPTION TOTAL ADVANCE PREMISES $16,981.00$ 1,919.00 AND PRODUCTS PREMIUM ~ TOTAL ADVANCE PREMIUM ~ $ 18,900.00 CGL-3 BI POLICY NO 828900-53-37-68-8 ( B7) ... THE PMAe w._ GROUP e COMMERCIAL CRIME DECLARATIONS POLICY NO. 828900-53-37-68-8 PRODUCER'S NAME NAMED INSURED r- --, r McCOY BROS. INC. 217 PItm ROAD, P.O. BOX D M'l'. HOLLY SPRINGS, CUMBERLAND CO., PA. L 17065.J L --, .J COVERAGE FORMS THAT FORM A PART OF THIS POLICY !(l Employee Dishonesty - Blanket (CR0001) o Employee Dishonesty - Schedule (CROO02) o Forgery or Alteration - (CR0003) o Theft, Disappearance and Destruction - (CR0004) o Other: o Olher: LIMITS OF INSURANCE 100,000. DEDUCTIBLE AMOUNT NOT APPLICABLE ENDORSEMENTS: Endorsements That Form A Part of This Policy When Issued: CR-1000 CANCELLATION OF PRIOR INSURANCE: By acceptance of this policy, you are giving us notice cancelling your prior policy or bond numbers: The cancellation Is to be effective at the time this policy becomes effective.. PR.4 18/871 COMMERCIAL PROPERTY - ,". : COMMERCIAL PROPERTY CONDITIONS . . This Coverage Part is subject to the 'following 'conditions. the Common Policy Conditions and applicable Loss Conditions and Additional Conditions in Commercial Property Coverage Forms.' . . ".....: .:'.1 A. CONCEALMENT. MISREPRESENTATION OR FRAUD .,.. ;".;" 'J,. This Coverage Part Is void in any case of fraud by you as it relates' ici this Coverage Pert at any time. It is also void if you or eny other insured, et any time. intentionelly conceel' or misrepresent a meterial fact concerning: 1. This Coverage Part: 2. The Covered Property; 3. Your interest in the Covered Property; or 4. A claim under this Coverage Pert. B. CONTROL OF PROPERTY Any act or neglect of any peraon other than you beyond your direction or control will not affect this insurance. The breach of any condition of this Coverege Part et eny one or more locetions will not affect cov- eralle at eny locetion where. et the time of loss or damage. the breach of condition does not ex- ist. C, INSURANCE UNDER TWO OR MORE COVERAGES If two or more of this policy's covereges apply to the same loss or damage. we will not pay more then the actual amount of the loss or demage. D. LEGAL ACTION AGAINST US No one may bring a lagal ection against us under this Coverage Pert unless: 1. There hes been full compliance with all of the terms of this Coverage Pert; and 2. The ection is brought within 2 years after the date on which the direct physical loss or damage occurred. E. LIBERALIZATION If we adopt any revision that would broeden the coverage under this Coverage Pert without addi- tionel premium within 45 days prior to or during the policy period. the broadened coverage will immediately apply to lhis Coverage Part. F. NO BENEFIT TO BAILEE No peraon or orgenizetion. other than you. heving custody of Covered Property will ber,efit from this insurance. G.OTHERINSURANCE 1. You may heve other insurance subject 10 the seme plan. terms, conditions and provisions es the insurance under this Coverage Pert, If you do, we will pay our shere of the covered loss or demaRe, Our shere is the proportion thet the epplicable Limit of Insurance under this Coverage Pert beatS te the Limits of In- surence of all insurance covering on the seme basis. 2, If thare is other insurance covering the seme loss or demage, other then that described in 1. ebove. we will pey only for the emount of covered loss or damage in excess of the amount due from that other insurance. whether you cen collect on it or not. But we will not pay more then the appliceble Limit of Insurance. H. POLICY PERIOD. COVERAGE TERRITORY Under this Coverage Part: 1. We cover loss or damage commencing: a, Ouring the policy period shown in the Oecleretions; end b. Within the coverege territory. 2. The coverage territory is: a. The United States of America (inCluding its territories and possessions); b. Puerto Rico; and c. Caneda. CP 00 90 07 8B Copyright, ISQ Commercial Risk Services, Inc.. 19B3, 1987 Pege 1 of 2 0 ,. I. TRANSFER OF RIGHTS OF RECOVERY.. AGAINST OTH~RS TO US '.' '. . i If any person or orgenizatlon to or for. whom we make payment under .this. Coverage ~an has-,. . rights to recover dameges from another. tho~e.. ':Cl.. rights are transferred to us to the extent of our payment. That person.. or organization must do everything necessary tei secure our rights' and must do nothing after loss to impelr. them.. But you may. waive your rights against'enotherperty in writing: ;~".' ,. ,11 , 1. Prior to e loss tq your Covered Property or _ . CoveredJncom!l_ _ , . . : .,.. :. . .' . .- 2. After a loss to your Covered Property or Cov- , . 1l.~red. !l'!co"'111.only i.f. at time of losa. thet.par:t'( , ..,Is .on.e.of t~e; following: ?",,, .. . ~ ~'l .,'. :.;,.;_ a. Someone Insured by this Insurance; I b:: A business firm:' 'I .:.,..; ',1':;\'::.' ".; (1) Owned or controlled by you; 'or'" ;0: (I') ,11', (2) Th'at owns'or controls you;;bi'-' '0:: :'iT :,.:i ;," .~~.. -.:l'i......... .:::~; ~~::. :'~.J' :1 :'Ii. .Ie." '~d . ,c.. Vour.tAnent. '." ,. '...... -...., '. "n" .. "or ...."'(~ ......... ... . ... .. il... . . _ oj " This, will notrestrict your.insurance." .!:.' .,,~ I': ....n:!"" . '7~.:::; 1::-0'; :;. :e:vm ;; .... '.J.'.~ 'o:.l'" .:- ....; ~ .:.'\ ,,'" ", Co J.I. :::~L. . ". '. '. . .JI ,.' ~ '.:1 I :.::.' . .' , - ;"'! 0... ......_. ."~ . ... t",t)' ; ....;."''' ,):; " .-:; :... :: ~ ~ ~... .J'.' :', :': :Ii', .:L, .: :,...:" .~ r: ";I'!\J:l:' ':n'~ .~ '. .... I, o,J1. "' . "\ ::.. . ,'- .~..., .., '.'-,. . ~ ~, ~'Il" !;; :.';,..... ',C ~-::. .!...:.....:; ..:,' ':'.. ,.- :..,.~;("; '..~n" .. .. .. n' ....' 1- ....;1.: ,"1.:.:":11~~~ ...~: ..;:~ .. : "": .0; ..-:~ (, 'lC": ":':' ~ll;h'O.: ':, :jl'!;.~' C..~ -':..j. .... :ni ll.~ ,.. . :.:'j: .: :., :::.... . ." ".~:,:...":-. :: a..';' ,,~("". ':oi::~I: ;u.:; ~:r!! "~~n'J '"Ifjl.) A ;. ':T;1:;~C;11: 'iC JC.~.L1:,::: ':! ur;.~ 1l~;1! ~',;.:I:c ltu~l;Jll' nt l ~ ;:,~!gv;. 1C ',.:'!5 "r!..... .:~i.i3~:l t.rN :C':tn'::J '0 ."1C ~':':~'Ih l~.hJ" ')1'";;;"/;1c' j:nB~ua:,. -!!.!: '. ..,;' ;,~ .; 'j' -"~':.j~ ..:. ~. i... , . ..~:1..,o ..:.1'1 ~~ -:i '"'!1 ~ l~: " ".' - ... ..., ". .' _ .J .... . .':'-~'. .... .-j; . ~ .{~ ,; : ~ ..I' ~; . ~:~..: fJ;-:;o'":,, .J '. ~... ..',.:' ::'li!. 'Y'. .~ '.c ;., "~ ." 1'1:C..~lrt ':.~'. r .~. 'H' ;:'_~,j ',', P."(j .,~~'o .:' ..~\. ...Jfh" P-:::': :..' :.T. 7 ~:'. :;:....t. -')1> ;Ci 'I"l~. ':10ti1J10 .t,~ :.~ ~ C:,JoJ.': . .;l.'...J .:) ~::i5.. ~ ~.'1: .:-11Err.,.:'" '1) '. '. j' ":. ''':.J:':!.. .... ,\0":. . ~, JoJ '.1': : ..r~' (:. :!~:;':" ;';! ..=to . .' ......., ..... .-;".1) .:::: ;;.:.:1: ..1: .:. : ~;: f\t.JV.j~ ., ,. '. ..1:'-.:',: .:-o:...~ ..... 1, ; - . c"',., .,r" _'..1 0" ...,:,.... -:':r. :........ .... . '... L' " ',.m -.~.;.',.I .. '.'Uf1":" ..~ .::--: . '.,,' .)':\1 .' net ~ "1':' . ':', .;.... h., .,..... '.: ''''':'~ 1'"1 i :; :,~~, :"l '-~.:;.: .~.. ., '" Jf' \",.~ ~..... ....i ..I".~ .....: '.' ."t, ,;-, " ..'; .:! ~.,., .. . .' ~. :.. ~!j . ZH... ~.:\ ",~ .:~.~. ...... . .r- .'.1.... -,. _r', .,;" .: ......., ,.' .. ""- ';)-.).1U:,ol' :-::r!.: ' :~.. ;.:: I~ ~. " . .', ,. .J ,''''.' ;.' \1'.t'7" ".j' 'r'.. t ,. . j~ '...;, , .. . ., ...io..... '''. ,,:'-:' .. t,' . '... .J - . , - ;,.>1 :r'.~ ....-..\ .....;,\.~;.~H!....= .:. .~ . . f'" ...."'; . ;" . ..; \' . :.... -:,.~ ~": ~I ,., .. II .. ..:V . .~':"'. :.. . . ..... . ~ " .' :;, .. : ::.' ..; : - .;:"~ :, .' ,....,: '. . :.,: . '.J '''':'''.:::''.; 1 CP 00 90 07 88 Copyright. ISQ Commercial Risk Services. Inc.. 1983, 1987 Pege 2 of 2 CI 100 (11.851 CM 00 01 11 85 COMMERCIAL INLAND MARINE CONDITIONS The fallowing conditions apply in addition to the Common Policy Conditions and applicable Additional Conditions in Commercial Inland Marine Coverage Forms: lOSS CONDITIONS A. ABANDONMENT There can be no abandonmenl of any property to us. B. APPRAISAL If we and you disagree on the value of the property or the amounl of "loss", either may make written de. mand for an appraisal of Ihe "loss". In this event, each party will selecl a compelenl and impartial appraiser. The two appraisers will select an umpire. If Ihey cannot agree, eilher may requesllhal selec- tion be made by a judge of a court having jurisdic- tion. The appraisers will state separalely the value of the property and amount of "loss". If they fail to agree, Ihey will submil their difference to Ihe um- pire. A decision agreed to by any two will be binding. Each party will: 1. Pay its chosen appraiser; and 2. Bear the olher expenses of Ihe appraisal and umpire equally. If we submillo.an appraisal, we will still retain our righlto deny the claim. C. DUTIES IN THE EVENT OF lOSS You must see that the following are done in Ihe event of "loss" 10 Covered Property: 1. Notify the police if a law may have been broken. 2. Give us prompt notice of the "loss". Include a descriplion of the property involved. 3. As soon as possible, give usa description of how, when and where Ihe "loss" occurred. 4. Take all reasonable sleps 10 protecllhe Covered Property from further damage. If feasible, set the damaged property aside and in Ihe besl possible order for examination. Also keep a rec- ord of your expenses, for consideration in Ihe settlement of Ihe claim. 5. Make no statement thai will assume any obliga- tion or admit any liability, for any "loss" for which we may be liable, without our consent. 6. Permil us to inspect the property and records proving 111055", 7. If requested, permit us to question you under oath, at such limes as may be reasonably re- quired, about any matter relating to this insur- ance or your claim, including your books and records. I n such event, your answers musl be "".-'-." ~ --...;..:::;,.;. signed. 8. Send us a signed, sworn stalemenl of "loss" containing the information we requesl to settle the claim. You must do Ihis within 60 days after our request. We will supply you with Ihe neces. sary forms. 9. Promptly send us any legal papers or notices received concerning Ihe "loss". 10. Cooperate with us in the investigation or settle- ment of Ihe claim. D. INSURANCE UNDER TWO DR MORE COVERAGES If two or more of Ihis policy's coverages apply 10 the same "loss", we will not pay more than the actual amount of Ihe "loss". E. lOSS PAYMENT We will payor make good any "loss" covered under this Coverage Part wilhin 30 days after: 1. We reach agreement with you; 2. The entry of final judgmenl; or 3. The filing of an appraisal award. We will not be liable for any part of a "loss" Ihal has been paid or made good by others. ~ OTHER INSURANCE If you have other insurance covering Ihe same "loss". as Ihe insurance under this Coverage Part, we will pay only Ihe excess over what you should have re- ceived from the olher insurance. We will pay the excess whether you can collecl on Ihe other insur- ance or not. G. PAIR, SET OR PARTS 1. Pair or Set. In case of "loss" toany part of a pair or set we may: a. Repair or replace any part to restore the pair or set 10 its value before Ihe "loss"; or b. Pay Ihe difference between Ihe value of the pair or sel before and after the "loss" 2. Parts. In case of "loss" to any part of Covered Property consisting of several parts when com- plete, we will only pay for the value of Ihe lost or damaged part. H. PRIVilEGE TO ADJUST WITH OWNER In the event of "loss" involving property of others in your care, custody or control, we have the right to: Copynght, Insurance ServIces OffIce, Inc., 1983 (over) 1. Settle Ihe "loss" with Ihe owners of the property. A receipl for payment from Ihe owners of thai property wilf satisfy any claim of yours. 2. Provide a defense for legal proceedings broughl againsl you. If provided, Ihe expense of Ihis defense will be at our cost and will nol reduce Ihe applicable Limit of Insurance under this insurance. I. RECOVERIES Any recovery or salvage on a "loss" witl accrue en- lirely 10 our benefit unlillhe sum paid by us has been made up. J. REINSTATEMENT OF LIMIT AFTER LOSS The Limil of Insurance will nol be reduced by Ihe paymenl of any claim, except for lolal "loss" of a scheduled item, in which evenl we will refund Ihe unearned premium on Ihal item. K. TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US If any person or organization 10 or for whom we l11ake paymenl under Ihis insurance has .rights to recover damages from another, Ihose rights are lransferred 10: us. Thai person or organizalion must do everything necessary 10 secure our rights and must do nothing after "loss" to impair Ihem. - - GENERAL CONDITIONS A. CONCEALMENT. MISREPRESENTATION OR FRAUD This Coverage Part is void in any case of fraud by you relaling 10 it. It is also void if you inlentionally con- .'.' " . . ceal or misrepresent a material fact concerning: . " This Coverage Part; . . 2: - The Covered Property; or 3. Your interest in the Covered Property. B. LEGAL ACTION AGAINST US No one may bring a legal aclion againsl us under Ihis Coverage Pari unless: . . 1. There has been full compliance with all Ihe lerms of Ihe Coverage Part; 2. The aclion is broughl within 2 years after you firsl have knowledge of Ihe "loss". C. NO BENEm TO BAILEE - No person or organization, other Ihan you, having custody of Covered Property, will benefil from Ihis insurance. D. POLICY PERIOD We cover "loss" commencing during the policy period shown in the Declaralions. E. . VALUATION The value-of property will be Ihe least oflhe following amounls: :,- -. 1. The aclual cash value of Ihat property;" 2., The cost of reasonably restoring Ihat property 10 ils condilion immedialely before "loss"; or 3. The cosl of replacing Ihat property wilh substan- tially identical property. In the event of "loss", Ihe value of property will be delermined as of Ihe lime of "loss". CC 129 (7.881 CR 10 00 07 88 CRIME GENERAL PROVISIONS Various provisions In this poliCY restrict coverage. Read the entire policy carefully to determine rights. duties and what IS or is not covered. Throughout Ihis policy the words "you" and "your'" refer to the Named Insured shown In the DECLARATIONS. The words "we~ "us" and "our" reter to the Company providing this insurance. Words and phrases in quotalion marks are defined in Ihe policy. Unless stated otherwise in any Crime Coverage Form, DECLARATIONS or endorsement. the follOWing General ExclUSions. General Conditions and General Definitions apply to all Crime Coverage Forms forming part of thiS policy. A. GENERAL EXCLUSIONS b. You acquire the use and control of any addi. tional "premises", any insurance afforded for "employees" or "premises" also applies to those additional "em- ployees" and "premises". but only if you: a. Give us written notice within 30 days there. after; and b. Pay us an additional premium. 2. Coverage Extensions: Unless slated otherwise in the Coverage Form, our liability under any Cover. age Extension is part of. not in addition to. the Limit of Insurance applying to the Coverage or Cover. age Section. 3. Discovery Period for Loss: We will pay only for cov. ered loss discovered no later than one year from the end of the policy period. 4. Duties in the Evenl of Loss After you discover a loss or a situation that may result in loss of, or loss from damage to. Covered Property you must: a. Notify us as soon as possible. b. Submit to examination under oath at our re- quest and give US a signed statement of your answers. We will not pay for loss as specified below: 1, Acls Committed by You or Your Partners: Loss resulltng from any dishonest or CrIminal act com- mitted by you or any of your partners whether act. ing alone or in collUSion with other persons. 2, Governmenlal Action: Loss resulling from seizure or destruction of property by order of governmental authority. 3, Indirect Loss: Loss that is an indirect resull of any act or "occurrence" covered by this insurance in- cluding. but not limited to. loss resulling from: a. Your inability to realize income that you would have realized had there been no loss of, or loss from damage to, Covered Property. b. Payment of damages of any type for which you are legally liable. But. we will pay compensa- tory damages arising directly from a loss cov. ered under this insurance. c. Payment of costs. fees or other expenses you incur in establishing either the existence or the amount of loss under this insurance. 4, Legal Expenses: Expenses related to any legal action. 5. Nuclear: Loss resulting from nuclear reaction. nu- clear radiation or radioactive contamination. or any related act or Incident. 6, War and Similar Actions: Loss resulling from war. whether or not declared. warlike action. insurrec- tion, rebellion or revolulion, or any related act or ,"cldent. B. GENERAL CONDITIONS 1. Consolidalion-Merger: If through consolidation or merger With. or purchase of assets of. some olh. er entity: a. Any addllional persons become "employees"; or .-. , (JAUTHENTICIl '. c. Give us a detailed. sworn proof of loss within 120 days. d. Cooperate with us in the investigation and set- tlement of any claim. 5. Joinl Insured a. If more than one Insured is named in the DECLARATIONS, the first named Insured will act for Itsell and for every other Insured for all purposes of this Insurance. If the first named Insured ceases to be covered. Ihen the next named Insured will become the first named Insured. b. If any Insured or partner or officer of that In- sured has knowledge of any informalion rele- vant to thiS insurance. that knowledge IS conSidered knowledge of every Insured. C.:O'lrl~nt ~nStj'an(:t:: Serv;c~s Off'c~, IrK. 1'36i 1 . c. AI] .~mployee" of any Insured IS conslderecf to be an .'employee" of every Insured. d. If IhlS Insurance or any of its coverages IS can. , . celled or terminated as to any Insured. loss sustJmed by !llat Insured IS covered only If discovered no later than one year from the dale of that cancellalion or terminalion. e. We Will not pay more for loss sustained by more than one Insured than the amount we would pay if all the loss had been sustained by one Insured. 6. legal Action Againsl Us: You may not bring any legal action against us Involving loss: a. Unless you have complied with alllhe terms of this insurance; and b. Until 90 days after you have filed proof of loss with us; and c, Unless brought within 2 years from the date you discover the loss. 7. Loss Covered Under More Than One Coverage of This Insurance If tNO or more coverages of this insurance apply to the same loss. we 1'1111 pay the lesser of: a. The actual amount of loss; or b. The sum of the limits of Insurance applica. ble to those coverages. 8. Loss Sustained 'ouring Prior Insurance a. If you, or any predecessor in interest. sus. talned loss during the period of any prior in. surance that you or any predecessor in interest could have recovered under that in- surance except thatlhe time within which to discover loss had explfeo. we will pay for It un. der this insurance. provided: (1) ThiS Insurance became effective at the time of cancellation or termination of the prior Insurance; and (2) The loss would have been covered by this insurance had it been In effect when the acts or events causing the loss were com. mltted or occurred. b, The insurance under this Condition IS part of. not In addition to. the limits of Insurance ap- plying to this insurance and is limited to the lesser of the amount recoverable under: (1) ThiS insurance as of its effective dale; or (2) The prior insurance had It remained In effect. 9. Loss Covered Under This Insurance and Prior In. surance Issued by Us or Any Affiliate If any loss IS covered: a. Partly by thiS msurance: and b. PJrtl} b~' Jr~J prior cancelled or h:~rmH1Jtcd 2 Insurance thai we or JIlY aff,llate'had Issued to you or any predecessor In mterest. . 'lhe most we 1'1111 pay IS the larger of the amount reco',erable under thiS msurance or ttle prior In. surance. 10. Non.Cumulalion of limil of Insurance: Regardless of the number of years this insurance remains in force or the number of premiums paid. no Limit of Insurance cumulates from year to year or period 10 period. 11. Olher Insurance: ThiS insurance does not apply to loss recoverable or recovered under other in. surance or indemnity. However, if the Ii mil of the olher insurance or indemnity is insufficient to cov- er the entire amount of the loss. Ihis insurance 1'1111 apply to Ihal part of the loss. other than that fail- ing within any Deductible Amount. not recovera. ble or recovered under the other insurance or indemnity. but not for more than Ihe Limit of In- surance. 12, Ownership of Properly: Inlerests Covered: The property covered under this Insurance is limited to property: a. That you own or hold; or b. For which yeu are legally liable. However. this insurance is for your benefit only. It provides no rights or benefits to any other person or organization. 13. Policy Period a. The Policy Period is shown in the DECLA- RATIONS. b. Subject to the Loss Sustained DUring Prior In- surance condition. we 1'1111 pay only for loss that you sustain through acts committed or events occurring during the Policy Period. 14, Records: You must keep records of all Covered Property so we can verify the amount of any loss. 15. Recoveries a. Any recoveries. less the cost of obtaining them. made after settlement of loss covered by this Insurance 1'1111 be distributed as follows: (1) To you. until you are reimbursed for any loss that you sustam that exceeds the Limit of Insurance and the Deductible Amount. if any; (2) Then to us. unlil we are reimbursed for tne settlement made: (3) Then to jOu. unl:1 you are reimbursed for th~t oar! c~ ~tv~ 1.,,:.'3 n:)'.;,'; t..., the:' D,l~J:V:!!- DI<.:; .t.nv:unt. 11 ar~/ '. ~ . -4__ - . b. Recoveries do 0101 rnclude any recovery: (1) From Insurance. suretyship. reinsurance. security or rndemnlty laken for our,bene., lit; or (2) Of Original 'securllles' after duplicates 01 them have been issued. 16. Territory: This insurance covers only acts commit. ted or events occurring wilhin the United States of America, U.S. Virgin Islands, Puerto Rico, Ca. nal Zone, or Canada. 17, Transler of Your Rights of Recovery Againsl Olhers to Us: You must transfer to us all your rights of recovery against any person or organization for any loss you sustained and for which we have paid or settled. You must also do everything necessary to secure those rights and do nothing after loss to impair them. 18, Valuallon-Setllement a. Subject to the applicable limit of Insurance provision we will pay lor: (1) Loss of "money" but only up to and includ- ing its face value. We may. at our option, pay for loss of "money' issued by any country other than the United States of America: (a)' At face value in the "money" issued by that country; or (b) In the United States of America dol- lar equivalent determined by the rate of exchange on the day the loss was discovered. (2) Loss of 'secullties' but only up to and in. cluding their value at the close of busi. ness on the day the loss was discovered. We may. at our option: (a) Pay the value of such "securities' or replace them rn kind. in which event you must assign to us all your rights. title and Interest in and to those "securities": (b) Pay the cost of any Lost Securities Bond required in connection with is. suing duplicates of the "securlties~ However. we Will be liable only for the payment of so much of the cost of the bond as would be charged for a bond having a penalty not exceeding Ihe lesser of the: i. Value of the "securities" at the close of business on the day the loss was discovered; or ii. limit of Insurance. (3) Loss of. ~r 1055 from dam3ge to. "proper- Iv otl1er Ulan moncy and securltlcs' or loss from damagc t1J ttic '~remlses' for not more than the: (a) Actual cash value of the property on the day the loss was discovered: (b) Cost of repairing the property or 'premlses"; or (c) Cost of replacing the property With property of like kind and quality. We may. at our option. pay the actual cash value of the property or repair or reo place it. If we cannot agree wilh you upon the ac. tual cash value or the cost of repair or replacement. the value or cosl will be de- termined by arbitration. b, We may. at our oplion, pay for loss of. or loss from damage to. property other than 'money": (1) In the "money" of the country in which the loss occurred: or (2) In the United States of America dollar equivalent of the "money" 01 the country in which the loss occurred determined by Ihe rate of exchange on the day the loss was discovered. c. Any property that we pay for or replace be. comes our property. C. GENERAL DEFINITIONS 1. "Employee" means: a. Any natural person: (1) While in your service (and for 30 days af. ter termination of service); and (2) Whom you compensate directly by sala- ry. wages or commissions; and (3) Whom you have the right to direct and control while performing services for you; or b. Any natural person employed by an employ- ment contractor while that person is subject to your direction and control and performing services for you excluding. however. any such person while having care and custody of prop. erty outside the "premises~ But "employee" does not mean any: (1) Agent. broker. facto~, commission merchant. consignee. independent contractor or representative of the same general character; or (2) Director or trustee except while performing acts comrng Within the scope of the usual duties of an "employee~ 2. IIMoney" means: a. Curr-:'"!:j', :::;~) ;:!"1j tj~~I", r~:;!,?: in :~r~r:'''it 'j5"", and "C!'.'I'lE a fJ:~ ';ali..H:; and 3 b. Travelers checks. register checks and money orders held for sale to the public. 3. "Property Olher Than Money and Securilies" means any tangible property other than .money. and .secullties. that has intrinsic value but does not IOclude any property listed 10 any Coverage Form as Property Not Covered. 4, "Securities" means negotiable and non- negotiable instruments or contracts representing either -molley" or other property and IOcludes: . . a, Tokens. tickets, revenue and ottier stamps (whether represented by actual stamps or un. used value in a meter) In current use; and b, EVidences of debt Issued 10 connection with credit or charge cards. which cards are not issued by you; but does not include .money~ . . 4 -. ^ . . COMMERCIAL PROPERTY . , BUILDING AND PERSONAL PROPERTY COVERAGE FORM , Verious provisions in this policy .reatrict coverage. Read the entire policy carefully to determine rights. duties and what is and Is not covered. c. ~I" ,. " Throughout this policy-the words .you~ and .your. refer to the Named Insured shown in lhe Declarations. The words .we., .us. end .our. refer:to the- Compeny providing this insura.nc~. , .: . ,.. , ..-. . Other words and phrasea that appear in quotation marks have special meaning. Refer to SECTION H - DEFI- NITIONS." ..... ...,. ". . - .... ;..."...., . ". ;.... .. ,; l.. '. ......... . ,.-!.- "j " ';' .:. . 'I :.:!" (, .'; .-... ~ ':'~:':-:.~; 1l.'; ..:!~~~.::.,..." ~Jl' A. COVERAGE . ,.....: .:.......,;" _. We will pay.for direct physical loss of.or demege to Covered PropertY et the premises' described in lhe Declarations caused. by or resulting. from any Covered Cause of Loss: .~,., 'In. ". ., 1';'Covered Property .,.~"-=: ~:.i . _ . .' . .. .'. .')' '1--,. . ',.Covered. PropertY, 'ai'usad in~ this Coverage Part, means the following types of property for ..which a Limit of Insurence is,shown in the Declaretions:'.. - . .,' ',., .. a, Building, meaning the building or. struc. ture described in the'Declaretions; Includ. t. . ing:'.c _" ~ ,. .r!t=;.11.\:r: · ;;..;:; ,-- .... ,," (1) Completed edditions; (2) Permanently hisialled:" .: .". (a) Fixtures; . .. ,.."',C.; (b) 'Machlnery; and " ; ..' (c) Equipment:": . . .,' . . .", .y' (3) Outdoor fixtures: (4) Personal propertY owned by you thet Is used to maintain or service the building or structure or its premises, including: (a) Fire extinguishing equipment: (b) Outdoor furniture; - (c) Floor coverings; and (d) Appliances used for' refrigerating, ventilating, cooking, dishweshing " or leundering; (6) If not covered by other insurence: (e) Additions under construction. alter. ations and repairs to the building or structure; " ,. . .. . ... ". ,. '. ~ . I . ".., . ~ l .. . _( ,: ("I."'" ,..'f>" ',. ,';..," (b):.~ateriels. equipment. supplies and :,~ 'Ie .".temporary structures. on or Within 1 00 feet of the described premises. used for "making edditions. alter. .'J .~ . J"';:; ations or . repairs to the building or structure. .' . .:"." . ~ ..,'.b;'"Your Business Personal Property lo- cated in Of on the' building described in the . "', ... J Dec!arations or in. the open (or in a vehi- cle) within 100 feet of the, described premises, consisting of the following un- less otherwise specified in the Declarations 'or on the Your Business Personal Property _ Separetion of Coverage for".': (1; Furnitiiie and fixiures: , . (2) 'M~chineiv end equipment; '" I. p. (3).,.Stock.; _ '" ,... (4) AII.olher personal property'owned by you end used in your business; (6) .Labor,' materiels or services furnished or arranged by you on personal prop- ertY of others; and. (6) Your use interest as tenant in improve- ments and beuerments. Improvements and beuerments are fixtures. alteretions. installations or additions: (a) Made a part of the building or structure you occupy but do not . own: and .." . (b) You acquired or mede at your ex- pense but cennot legally remove. . c. Personal Property of Others that is: (1) In your care. custody or control; and CP00100788 Copyright, IS2 Commercial Risk Services. Inc.. 1983. 1987 Page 1 of 9 0 (2) Located in or on the building described In tha Declarations or In the open (or in a vehicle) within 100 feet of the de- scribed premises. However. our paymant for loss of or dam- ege to personal propertY of others will only be for the account of the' owner of the propertY . 2. Property Not Covered '. Covered PropertY does not include: a, Accounts. bills, currency. deeds. evidences of debt, money, notes or securities; b. Animals. unlass owned by olhers and boarded by you. or If own ad by you. only as "stock" while inside of buildings; c. Automobiles held f,or sille; . d. Bridges. rosdweys, walks. patios or other peved surfeces; . ..;:1' e. Contra bend. or propertY In the course of illegal transportation or tradll;' ; , f. The cost of excavetions.greding. backfill- ing or filling; g. Foundations of buildings. structures. me- chinery or boilers If their foundations are below: .' . (1) The lowest basement floor; or " (2) The surface of the ground. if there is no besement; . . . .. . h. Land (Including land on which the prop- ertY is located). water. growing crops or Iswns: I. Personal propertY while airborne or weterborne; j. Pilings, piers. wharves or docks; k. PropertY that is covered under another coverage form of lhis or any other policy in which it is more specifically described. except for the excess of the amount due (whether you can collect on it or not) from' that other insurance; . I. Re18ining walls that ere not part of the building described in the Declarations; m. Underground pipes. flues or drains; n. The cost to reseerch. replece or restore the information on veluable pepers end reo cords, including those which exist on electronic or magnetic media. except as provided in the Coverege Extensions; . ' " o. Vehicles or self-propelled machines (in. . . cluding aircreft or watercraft) . that: (1) Are licensed for use on public roads; or (2) Are operated principally away from the described premiaes. '. This paragraph does not apply to: (a) Vehicles or self'propelled machines' or eutos .you menufacture. process 'or warehouse; .., -' '. ." " (b) Vehicles. or :self-propelled machines, other than autos. you hold ~or.sele; or (e) Rowboets or canoes out of water at the described premises; ,.;~ 'l,' ,:. .', p. The following' propertY while' outside of . buildings: . .:.....,.. "':"';- . "" "...... . _ '. _ ,., '" . ).~ 'J' (1) Grain. hay: stra~ cir.!,~~~~'piop's~", (2) Fences. radio. or. televisiolJ . antennas. . . including their leail-in' wiring. mests or . towers. signs (other than signs at- . tached to buildings). .trees. 'shrubs or .; plants; ell except es' provided':in the Coverage Extensions.: .'~ ! . . _,...' ", f. 3: Covered Causes. Of Loss: ." .' See epplicable C~uses of LosS Forin as shown in the Declarations. ..:'j":'" '. 4. Additional Coverages :,,_,,' a. Debris Removal.... ..;." (1) We will pey your expense to remove debris of Covered, PropertY caused by or resulting 'from a Covered Cause of Loss that occurs during the policy pe- riod. The expenses will be peid only if they are reported to us in writing within 180 days of the earlier of:' (a) The dete of direct physical loss or damege; or (b) The end of the policy period. (2) The most we will pay under this Addi- tional Coverage is 25% of: (e) .The amount we pey for the direct physical loss of or damage to Cov- . ered PropertY; plus (b) The deductible in this policy eppli- ceble to that loss or damage. Page 2 01 9 Copyright, ISQ Commercial Risk Services. Inc.. 1983. 19B7 CP 00 10 07 8B . But this limitation does not apply to eny additional debris removal limit provided in the Limits 01 Insurance section. (3) This Additional Coverage does not ap- ply to costs 10: (a) Extract .pollutants' Irom land or weter; or (b) Remove. restore' or replace polluted land or water. b. Preaervation of Property II it is necessary to move Covered Property from the described premises to preserve it Irom loss or damage by a Covered Cause of Loss, we will pay for any direct phyaical loss or demage to that property: (1) While it is being moved or while tem- porarily stored at en other location; end (2) Only if the loss or damage occurs within 10 days after the property is .first moved. . . .:... c. Fire Department Service Charge When the lire department is called to save or protect Covered Property Irom e Cov- ered Cause 01 Loss. we will pay up to $1.000 for your liability for lire department service charges: . (1) Assumed by contract or agreement prior to. loss; or (2) Required by local ordinance. No Deductible applies to this Additional Coverage. d, Pollutant Clean Up and Removal We will pey your expense to extrect 'pollutants. Irom land or water at the de- scribed premises il the release.' discharge or dispersal of lhe 'pollutants. is caused by or results Irom a Covered Cause of Loss that occurs during the policy period. The expenses will be paid only if they ere re- ported to us in writing within 1 BO deys of the eerller 01: (1) The date of direct physical loss or damage; or (2) The end 01 the policy period. The most we will pay lor each location under this Additional Coverage is $10.000 for the sum of all such expenses arising out 01 Covered Causes of Loss occurring dur- Ing each seperete 12 month period 01 this policy. , . CP 00 10 07 88 . . -. 6. Coverage Extensions Except as otherwise provided. the lollowing Extensions apply to property loceted in or on the building described in the Declarations or in the open (or in a vehicle) within 100 feet 01 the described premises. If e Coinsurance percentage 01 BO% or more or. e Value Reporting period symbol. is shown in the Declarations. you may extend the in- surance provided by this Coverage Part as follows: . . . a. Newly Acquired or Constructed property (1) You mey extend the insurance that ap- . plies to Building to apply to: (e) Your new buildings while being built on the described premises: and ..; 'Ib) Buildings you acquireet locations. other than the described premises. intended lor: .. : (I) . Slmi'lar usa as the building de- scribed in the Declarations: or (II) Use as a werehouse. 1:he most we will pay for loss or dam- age under this Extension is 25% of the Limit 01 Insurence lor Building shown in lhe Declaretions. but not more than $250.000 at each building. . . (2) You mey extend the insurance that ap- plies to Your Business Parsonal Prop- . erty to apply to that property at any locetion you acquire other then at fairs or exhibitions, The most we wiil pay for loss or dam- age under this Extension is 10% of the Limit of Insurance lor Your Business Personal Property shown in the Decla- rations, but not more than $100.000 at each building. (3) Insurance under this Extension for eech . newly acquired or constructed property will end when any of the following lirst occurs: (a) This policy expires. (b) 30 days expire after you acquire or begin to construct the property; or (c) You report values to us. We will charge you additional premium . for values reponed from the date con- struction begins or you acquire the property. ":...' COPYright. ISQ Commercial Risk Services. Inc.. 19B3. 1987 Page 3 of 9 b, Peraonal EffecU and. Property of Othera. . . :>>.... ,. '~jC. ;''0 ;.;..) ').~ _ You may extend the insurance thaupplies to Your Businass ,Peraonal Property to ap- ply to: '. ,,- ,,",', ,,,,.: ~I:", (1) Personal effects'owned' by you. your " . officers. your panners Dr .your employ- ees. This extenalon does. not apply to ..,.Ioss Dr damege by.theft; H;' (2) Personal pr'opertyof'othenr irP(our cere. custody Dr control. ...m ';-. ,,; ., . The moSt wiicwill 'pay for"'oss:or demage under this Extension is'$2.500 at each de- scribed premises, .Our, payment for loss of or demege to pereonal' property of others will only be for. the account.of the owner . of the property..':~~_ ~";' ~ ,.., . _ .... " . " . . .... w", . ..' ,i... . c.. Valuable Papera and Records - Coat "-lP-;!.. lofRes8a'rch I ',iI',. .~.:. ..J.' ',_ ."" . , . .... ..Jr.: ~ ~~: l;,.~;u ., You may extend, the insurance that applies , to Your Business Pf1.rs.onal Property to ep- . '_' C" I. ..- ply to your~ costs. to .research. replace or . restore the' lost' information on lost or damaged. valueble pepers and records. in- cluding those which exist on electronic or magnetic media.- foi' which duplicates do .. not exist. The most we. will:pey under this Extension is $1.000 at. each described premises. I ,,'. ".. .~ ~; . ~:... d. Property Off-Premiaes ',,' . . . .-, . You may extend. the insurance provided by this Coverage Form to apply to your Covered Property. other than "stock". thet is temporarily at a. location you do not own, lease or operate. This Extension does not apply to Covere~ Property: (1) In or on a vehicle; (2) In the care;'cusiody or' control of your salespersons; or (3) At any fair or. exhibition:' The most we will pay for ,ioss or damage under this Extension is $5.000. e. Outdoor Property . You mey extend the insurance provided by this Coverage Form to .apply to your outdoor fences. radio and television an- tennas. signs (other then signs attached to buildings). trees. shrubs and plants. in- cluding debris removal expense. caused by or resulting from eny.of the following causes of loss- if they' are Covered Causes of Loss: , . . ' " (1) .Fire: , . ,"~. ""(2) Lightning; " d~ .~. - . . . (3) Explosion: .:r. .,. (4)' Riot or Civil Commotion; or' (5) Aircreft. .' ~"j ~,., 'The most we' will pay fOf loss or damage under this Extension is $1,000. but not .;). ,.,' .', more than $250 for eny one tree, shrub Dr plant: . ":. ~ . ";' , Each of these Extensions is edditionel insurence. 'JI1n!:he'A;ddition_el.Condi~ion. Coinsurance, does not ii '. ~pply cto,th!lSIl ElItl!nSl!lns: '.'; -,. ..' B; EXCLUSIONS --::. - -. ., Ir." fO,]" ,,\ . '. ',. ...... . ~ . , ' -" See ep'plicable' causes of Loss Form as shown in the Declarations.... ' C';"UMITS'OFINSURANCE' ~', "'" " u,l... 'l... .......... .', oJ'~ :...... . . "".Jhe most, '!Ye will pay for loss or damage in eny :~_i'lo!'le .Qccurrence is the applicable Limit of Insur- '.' ance shown'in'the Declarations.; .' .. ." The.most we will pay for loss or damage to out- door signs 'attached to buildings is $1.000 per . ""sign In en\"one occurrence.. ' . The ilin'iis a'ppiicabl~'i~ the Coverage Extensions .~ . end. the Fire Depertment .Service Cherge and Pollutant Claen Up and Removal Additional Coverages are in addition to the Limits of Insur- . . ance;:" '. .~.t.. J" -.,. . Payments under the following Additionel Cover- ages will not increase'the applicable Limit of In- : - surence: -- -. :';,' . .- - 1. Preservation of Property; or ' 2; Deoils Removal: but if:" .' ,..' ,. . . - . D.. The sum of direct physical loss or damege end'debris removal expense exceeds the Limit of Insurance; or " _ .; b. ~The' debris removal expense exceeds the I. . . amount payable under the 25% limitation i in the Debris Removal Additional Cover- '. _ I age; ,;.' -. . we will pay up to an additional $5.000 for '.. ., ,.each location in anyone occurrence under the Debris Removal Additional Coverage. D. DEDUCTIBLE We will not pay for loss or damege in eny one , occurrence until the emount of loss or damage . ;. exceeds the Deductible shown in the Declara- '. tions. -We will then pay the amount of loss or .' ,damege' in excess of the Deductible. up to the applicable Limit of Insurance. Page 4 of 9 Copyright. ISQ Commercial Risk Services, Inc.. 1983. 1987 CP 00 10 07 8B , E. LOSS CONDITIONS . The following conditions apply in addition to t~e Common Policy Conditions and the..Commerclel Property Conditions;" . . 'l; ::i ., 1. Abandonment ' .~, :C':: There can be no abendonment of any property to us. :. . 0' .t> 'I ........ 2. Apprai.al '.~!" If we end 'you disallree on the value of the property or .the emount. of loss,; either may meke written demand for an eppreisal of the loss. In this event, each party will select a competent and impartial eppraiser. 'The two '-eppraisers will select en umpire. If they cannot agree, either may request. that 'selection be made by a judge of a court having jurisdiction. The appraisers will state. seperately the value of the property. end amount of loss.. If they feil to egree, they will'submit th'eir 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 othe;'~xpe~ses' 'of the appraisel andumpire equally.. ._. ,. If there is an appraisal. .w8will still'retain our right to deny lhe clilim~'.: ._ . ~ 3. Duties In The Event Of. Loss.Or Damage You must see that the .following are done in the event of loss or damage to Covered Prop- erty: .~ "i.;,,'" I a. Notify the pOlice if e iaw may have been broken. - . - ,. . :,' '.:' b. Give us prompt notice of the loss or dam- age. Include a description of the property involved. c. As soon es possible. give us e description of how, when and where the loss or dam- age occurred. ' '". . .., ..' . d. Take all reasonable steps' to protect the 'Covered Property from further damage by a Covered Cause of Loss. 'If feasible, set the demaged property aside and 'in the best possible order for examination. Also keep a record of your expenses for emergency end temporary repairs. for consideration in the senlement of the claim,. This will not increase the Limit of Insurance. , .... .,. J e. At our request, give us complete invento- ries "of the dameged' and undamaged property. Include quantities, costs. velues '!"". ~_.". and amount of loss claimed. .. f, . Pennit us to inspect the property end re- cords proving the loss or damage. Also permit us to take samples of damaged property. for inspection, testing and analy- ...... "r sis. - ',,'" ,. . " . g. .If:requested, permit us .to question you ..... . .., .under oath at such times as may be rea- .. sonably required about any maner releting to this insurance or your claim; including .,.., .oJ. your..boou' and records. In such event, ',,:: ..'! your answers muat be signed. ,.,. h.Send iJi'8' signed. sworn staiiment of loss " "1 .. 'contliining'the information we request to ~.-: -n' ~inveStigate the claim. You must do this , ~""'Bwlihin60 - Cleys after 'out'leQuest. We will .f .~O'" ~supplV'youwith.the necessary fonns. .~:;.:_~iI':';..." '"'. ... ", . :"\ .:. " . I. Cooperate With us In the investigation or settlement of the claim. ' .". .::- ""4. Lou Payment ' . ,.,' . . . .... '" I"~ . . _Wa, In,the.event of loss or demage covered by . this Coverage Form, at our option. we will .c" i'either:'';'. ~.. . . (1) Pay the value of lost or damaged prop- erty; (2) Pay the cost of repairing or replecing - . the. lost or da~aged property; ..' " 'J(3) Take all or any part of the property at an agreed or appraised value; or (4) Repeir. rebuild'or replece the property with other property of like kind and quality. ... b. We will give notice of our intentions within . ... 30 days efter we receive the sworn state- ment of loss. . ., ., . "lc.~We wili'ri,)t pay you' more than your fi- ., .: .. nencial interest in the,~overed Property. d. We may adjust 'Iosses with the' owners of . _"c.. . C'ost or damaged property if other than you. If we pay the owners. such paymimts will satisfy your claims against us for the own- ers' property. We will.not pay the owners more then their financial interest in the . Covered Property. . ..- '. I"; ..: , .~ ., CP 00 10 07 8B Copyright, ISQ Commerciel Risk Services, Inc., 1983, 1987 Page 5 of 9 J F. ADDITIONAL CONDITIONS The following conditions epply In addition to the Common Policy Conditions and the Commercial Propeny Conditions. 1. Coinsurance If a Coinsurance percentaga is shown in tha Declarations. the following condition applias. a, We will not pay the full emount of any loss if the value of Covered Property et the time of loss times tha Coinsurance percentaga shown for it in the Declarations is greater than the Limit of Insurence for the prop- erty. Instead. we will determine the most we will pay using the following steps: (1) Multiply the value of Covered Property at the time of . loss by the Coinsurance percen1Bge; .:_ (2) Divide the Limit of Insurance of the property by the figure determined in step (1);". . (3) Multiply the totel amouniof the cov- ered loss. before the eppllcalion of eny deductible, by the figure determined in step (2): and (4) Subtract the deductible from the figure determined in step (3). The amount determined in step (4) is the most we will pay. Fo. the remainder. you will either have to rely on other insurance or ebsorb the loss yourself. Example No.1 (Underinsurance): When: The value of the property is 5250.000 The Coinsurance percentage for it is BO% The Limit of Insurance for it is 5100.000 The Deductible is 5250 The amount of loss is 5 40,000 Step (1): $250.000 x 80% - 5200.000 (the minimum amount of insurance to meet your Coinsurance requirements) Step (2): $100.000 + $200.000 a ,50 Step (3): $ 40.000 x .50 - 520.000 Step (4): $ 20.000 - 5250 - 519.750 We will pey no more than 519.750. The remaining 520,250 is not covered. Exampla No, 2 (Adequate InSL.rance): When: The value of the property is The Coinsurence percentege for it is The Limit of Insurence for it is $200,000 The Deductible is 5250 The amount of loss Is 5 40.000 Step (1): 8250.000 x 80% - 8200.000 (the minimum amount of insurance to meet your Coinsurance requirements) Step (2): 8200.000 + 8200,000 - 1.00 Step (3): 5 40.000 x 1.00 - $ 40,000 Step (4): 8 40.000 - 5250 - $ 39.750 We will cover the 839.750 loss in excess of the Deductible. No penalty applies. b, If one' Limit of Insurence applies to two or more separate items. this condition will .apply.to the total of all property to which the limit applies. Example No.3: When: The value of property is: . 8ldg. at Location No.1 Bldg. et Location No.2 Personal Property at Location No. 2 The Coinsurance percentage for it is The Limit of Insurance for Buildings and Personal Property at Location Nos. 1 end 2 is The Deductible is The amount of loss is 8ldg. at Location No. 2 Personel Property at Location No.2. 5250.000 80% 575.000 100.000 75.000 8250,000 90% 5180.000 51.000 830.000 20.000 550,000 Step (1): 8250.000 x 90% - 5225,000 (the minimum amount of insurance to meet your Coinsurence requirements and to avoid the penelty shown below) Step (2): $180.000 + 8225.000 - .80 Step (3): 8 50.000 x .80 - $40.000. Step (4): 840,000 - 81.000 - 839,000. We will pay no more than 839,000. The remaining 511.000 is not covered. CP 00 10 07 B8 Copyright, ISQ Commercial Risk Services. Inc.. 1983, 19B7 Pege 7 of 9 2. Mortgage Holder. a, Tha term "mortgege holder" Includes trus- tee. 'OW .,. '" b. We will pay for covered loss of or damage to buildings or structures to each mortgage holder shown in the Declaretiona in their . order of precedence, as interests may ap. pear. ..'.". .~ : .'- ,c. The mortgage holder has the right to re- .' ceive loas. payment even If the mortgage ..' .: holder hes started, foreclosure or similar , ., action on lh!, buUdi!1g .or.~tructure. .' d. If we deny your claim because of your acts . or because you have feiled to comply with ,'the terms of this Coverage pilrt, the mort- . - gage holder will 'stlll' have the right to re- .. _', ..ceive loss.payment!f the mortgage holder: ,. (1) Pays any premium due under this Cov- :J' .... Brege Part at .our reqllest"if.:you heve -,. :..failedtodoso;,! .,.~"- ',m:" '(2)' Submits a signed; 'sworn' stetement of loss within 60 days after receiving no- tice from us of. your failure to do so; end (3) Has notified us of eny chenge In own- ership, . occupancy or, substential chenge in risk k'nown to the mortgage holder. , ":... All of the tarms of thia Coverage Pert will then apply directly to the mortgege holder. e, If we pay the mortgage holder for any loss or demage and deny payment to-you be- cause of your acts or' because you have failed to comply. with. the terms of this Coverage Part:. . - '. , _: (1) The mortgage holder's rights under the mortgage will be transferred to us to the extent of the amount we pay; and (2) The mortgage holder's right to recover the full amount of the mortgage hold- er's claim will not be impeired. At our option, we '~ay pay to the mortgage holder the whole principel on the mortgege . plus any accrued interest. In this event, your mortgege and'note will be transferred to us and you will pay your remaining mortgege debt to us. f. If we cencel this policy. we will give writ- ten notice to the mortgage holder at least: Page 8 of 9 , . (1) 10 days before the effective dete of .: ., cancellation if we cancel for your non- , payment of premium; or - ' (2) 30 days before the effective date of cencellation if we cencel for any other reason. '. ~"' .. '..~.,' g. ,If we elect ,not to renew this policy, we will give written notice to the mortgage holder at least 10 deys before the expire- tion date 'ofthis policy.'" :, . .... . \ ' .. " . G. OPTION~LCOVERAGES c.'" If shown In' the Declaretions, the following Op- tional Coverages apply separately to each item. "" :1. Agreed Vlllue:~l~ it. ,'" a" ':.'-L!~. /0 a. The' Additionai "i::oiiilitiori;~ Coinsurance, " , c -, does,.not;apply to Covered Property to . . 1 .".whlch-thls Optional 'Coverege applies. We will pay no more for loss of or damege to . f,. ",' ~,t~at.l?ropel't)(,~J:lan ,the proportion. that lhe .. ..' .Llmlt of Insurence under..this Coverage " ,'" Part' fcirthe property bears to the Agreed Value shown for it in the Declerations. .:. b:- if th~. 'e~plraii~n,date <fo(:ihis' Optional " Coverageshowri in the' Declarations is not extended, the ,Additioniil. Condition, Coinsurance, is -reinstated and this Op- tional Coverag~ expires.:.. '. :. . . I I . .. c, The terms of this Optional Coverage epply only to loss''or'damage thafoccurs: ..... 'O,. (1) ,',On or after. the effective' date of this Optionel Coverage;.and . . "" .... ." ;- (2) Before the Agreed Value expiration dete shown in the Declarations or the policy expiration date, whichever occurs first. , .2. Inflation Guard .' ',' a. The Limit of Insurance lor property to which this Optional Coverege applied will automatically increase by the annual per- centage shown in the Declarations. b. The amount of increase will be: ' . (1) ,The Limit of Insurence thin epplied on the most recent of the policy inception . dete. the policy anniversary date, or any "other policy chenge amending the Limit of Insurance, times (2) The, percentege of annual increase shown in the Declarations, expressed as a decimal (example: 8% is .08), times . , Copyright. IS,Q Commerciel Risk Services, Inc.. 1983. 1987 CP00100788 . . . It (3) The number of dava since the begin- ning of the current pollcv year or the effective date of the most recent pollcV change amending the Limit of Insur- ance. divided bv 366. Example: If: The applicable limit of Insurance is $100.000 The annual percentege Increaae Is 8% The number of days since the beginning of the policy year (or last pollcV change) is 146 The amount of increase is $1 00,000 x .08 x 146 + 366 - $3.200 3. Replacament Cost a. Replecement Cost (without deduction for depreciation) repleces Actuel Cash Value in the loss Condition. Valuetion. of this Coverage Form. b. This Optional Coverage does not epplv to: (1) PropertY of others; , (2) .Contents of e residence; (3) Manuscripts: (4) Works of art. antiques or rare articles. including etchings, pictures. statuary. marbles, bronzes. porcelains and bric- e-brac; or (6) .Stock: unless the Including .Stock. option is shown in the Declarations. c. You may make a claim for loss or demage covered by this insurance on an ectuel cash velue basis insteed of on a replace- ment cost basis. In the evenl you elect to have loss or damage settled on en actuel . . CP 00 1007 B8 , . cash value basis. you mev stili make a claim for the addillonal coverage this Op- tional Coverage provides If you notify us of your Intent to do so wi1hin 180 days alter the 1011 or damage. d. We will not pavon a replacement cost ba- sia for anv loss or damege: (1) Until the lost or damaged propertY Is actuallv repaired or replaced; and (2) Unless the repairs or replacement are made as soon es reasonablv possible elter the loss or damage. e. We will not pay more for loss or demage on a replacement cost basis lhan the least of: (1) The limit of Insurance applicable to the lost or demaged propertY; (2) The cost to replace. on the same prem- Ises. the lost or dameged propertY with other propertY: (a) Of comparable material and quality; and (b) Used for the same purpose; or (3) The amount you actuallv spend that is necessary to repair or replace the lost or damaged propertY. H. DEFINITIONS 1. "Pollutants" means any solid. liquid. gaseous or thermal irritant or contaminant. inciuding smoke. vapor. soot, fumes. acids, alkalis. chemicals and waste. Waste includes materials to be recvcled, reconditioned or re- cleimed. 2. "Stock" meens merchandise held in storage or for sale, rew meteriels end in-process or finished goods. including supplies used in their packing or shipping. Copyright. IS,Q Commercial Risk SeNices. Inc.. 1983,1987 Page 9 of 9 . .....CAUSESOF LOSS .... . .,.... COMMERCIAL PROPERTY SPECIAL: FORM " . " .' , Words and phrases that appear in quotation merks have special meaning. Refer to Section F. - Definilions. . .lO '"': _.- 1-,," .';", . - A. COVERED CAUSES OF LOSS- . .. . " " When.Special is shown.in the Declarations, Cov. . ered Causes of Leiss maens RISKS..OF DIRECT .: PHYSIC~L LOSS unless t~e loss Isi :. 1, Excluded In Section B.. Exclusions: or ""'Z:'L1mited In Section C.. Llmita1ions;: ' . t~at'fi;lI~w. . ., "". ; .~;. '..' ." ') B.. ~XCLUSIONSh . ~:..:' . ',.:'\. ": r. . '.1'; We will not psy for .Ioss or damege caused .... 'directly or indirec1iy by any of the:following. :. ':.Such .Ioss or damage'is excluded' regardless . . _ .~ of. any other ,cause or. avent that contributes concurrently or in eny sequence to. the loss. .-, .a. Ordlnence or Law'),' 'I:" .') ..,...... .... .1" -;. The enforcement of any ordlnence or law: . .,'. ,", .," "" .- .. .. (1) Regulating. tlie cciriStructlon,"use or reo pair of any .property; or. . .. ...12) Req~iring.lhB tearing';jbV;n'1f any . ,prqperty;: Including the cost of remov- .' in'g"its"debris:.' '" ..' . I . " ",. I "fll" b. Earth Movemant ' . .:.:". :'; - "t' -' .. "," ,ro ,... ,.. (1)' Any earth' movernent:': (other then sinkhole collapse), such~ as an earth. ,quake, landslide. mine .subSidence or earth sinking;'rising or shifting. But if . loss or damege by fire or explosion reo suits. we will pay for'thet r6sulting loss or dameg". ."" "".' (2) Volcanic, eruption. explosion or effusion. But if loss or damage by fire. building glass breakage or volcanic action results, we will pay for that reo suiting loss or damage.; . . . Volcanic action means direct loss or damage resulting. from the eruption of a ..volcano when the loss or. damage is caused by:. . . .' (e) Airborne volcenic biasi or airborne shock weves; .'. .' _' (b) Ash. dust o'r paitlculate matter; or (c) Lava flow. All volcanic eruptions thet occur within any 168 hour period will constitute a single occurrence. . ..' 0' ",. . " 'Volcanic action 'does not include the cost to remove ash. dust or particulale . matter thet does not ceuse direct phys- .' ?..~.. Ical loss or .damege. to the. described .1 . ..,' :.,. ~r~p.ertV.,.. . . " c. Governmental Action '.. .'. ,'i'. ~Sejzure or. destruction of property by o,rder ~ of govern mente I authority. . .... :- !.,J3ut,we.,will:pey for acts of destruction or. . : .. ~eredJly g9vernmental autho!ity and taken .et the time of a fire to prevent its spread, if ,. . ,the fire would be covered under this Cov- ." ..". erage Part:' .. .'. ..<.', '. ."'~"',' .... ...... L' .',' -,''''' ..'. . .", d. Nuclear Haziird' ,.. .. ~. .,. .. . . . Nuclear reaction' or rediation;or radioactive ....vJ,. '.' :.containination. however ceused, - . ,'" ~ .' 'But iilossor demage by fire results. we will pay for that resulting loss or damage. .. '.e. 'Powe~ Failure". ., , ','Ie ~'-i'iie failurBof power or ather utility service suppll~d .to the described premises. how- ever caused. if the feilure occurs away from the described premises. ... . _ . _. .... .: But if loss or damage by a Covered Cause of Loss results, we will pay for thet result. .ing.loss.or damage. , . .' ..,\ War ~~d MI!itaryActlon :. , (1).. War.. including undeclared or civil war: (2) Warlike ection by e military force, in- cluding ection in hindering or defend. ing against. an actual or expected attack. by any government. sovereign or other euthority using militery per- sonnel or other egents: or (3) Insurrection, rehellion, revolution. usurped power, or action taken by governmental euthority in hindering or .. defendi!,g age/nst eny of these. g. Water ... .. (1) 'Flood, surface water. waves. tides. tidal waves.. overflow of any body of water. or their spray. all whether driven by wind or not; (2) Mudslide or mudflow; (3) Water thet backs up from a sewer or drain; or '1 " CP 10 30 07 BB Copyright. ISQ Commercial Risk Services. Inc.. 1983. 19B7 Page 1 of 6 0 (4) Water under the ground surfece press- ing on, or flowing or seeping through: _ (a) Fou~datio;;i, weiii; f1o~",'~r pi~ed sU~8ce8; . ..}.:.: : . I. ~ :.:'-..~' (b) Basaments, whether paved or not; ~ O! .' . .. ';",: ~. ' -,' (e) Doors, windowa ~r other openings. But If losi or dsmage by fire. explosion or sprinkler leakage results';:we will pey for that resulting loss,or:damege;.;l w , 2~ We will not pay for,loss'or damege caused by or resulting from any of thll' following: a. Artificielfy"genllteled" electric. c'urrent, in- , cluding electric erclng; tha" die1urbs elec- " :" trical devices, eppliances or wires. ' .... .. .......!, ,',. '0' "'V' .,";' . . ., ." But If loss or' damage by firii .results, we will pay for that resulting losS or demege. . ':'1,., ,... "\1J'" b. Delay, loss of u'se'iir loss of me'rke't: ' . '. . . , .' ''''., ,~. t' t" ~ .;;:...,...',. . e, Smoke, ,vapor or-, ges . from (1agricultural sm.l!dging.or industrie\.!lperations. 'd: (1) Weer end tear,. .... :', .. - (2) Rust. corrosion, fungus.,decey",deteri- ; oretion, hidden or latent defect or any . ;.: quelity In' .property th'st causes it to , ' demage or destroy itself; ", . ~. ,. ..~_. (3) Smog; , . (4)' Settling, cracking, shrinking' or expan- sion;. ., . r '.1-. ....! .. (6) Insects. birds; rodents or other anlmels; .' ..' , (6) Mechanical breakdown, including rup- ture or bursting caused' by centrifugal force; or .,..' \' . . (7) The following causes of loss to per- sonel. property: . '. .' (a) Oempness .or dryness of etmos- phe,re; ........ (b) Chenges in or extremes of temper- ature; or .. ~ :',.." (e) Marring or scratching. . .. I~ .1 : . But if loss or damage by the .specified causes of loss. or building glass breakage results. we will pay for that resulting loss or demege: ,'" ~ ,~ ,. .' I \ ~ . ... :...;--\:'.1' .'~. ,,~"'.! .J Page 2 of 6 e. Explosion of steam boilers. steam pipes. Iteam enginea or Iteam turbines owned or '. leased "by you; or' operated under your control. But if lose or damege by fire or combuslion explosion results. we will pay for that resulting loss or demage. We will also pay lor loas or demege ceuaed by or ',resultlng. from the explosion of' gues or fuel within the furnace of any fired vessel' or within' the flues . or passages through . . ": .which .the gases of combustion pess. f. ConUnuous or repeated seepege or leakage of water that occurs over a period, of 14 daya or more. ' l' .' _ g. Weter, othe; Iiqu'ids. powder or molten ~_'. ". ':'ll1ateriel that leaks or flows from plumbing. .r \l.I:o:heaUng.,air 'ponditioning or other equip- _ ''''~'lt<'t~mentJ~:(excilpt., fire protective' systems) ,,:,'.:.l,,;,,;:'cauaed by,or..resulling from freezing. un- o .: ..", 1~ less" 'orl. 11:' . . ~. I' .... \ ,. ,'.. .1"'..... "..",';41.. .."..... .... :".' '.' . (1) You do your. best.,to mainrainheet in '. .: " the building or structure; or '.1.. ";.. ..' ..... _ '.1 . ..r. ... ..:10 . .. .' (2) You_drein the equipment and shut off .... ........ the supplV Iftha'heat is nat maintained. . . . - \ ... . h. Oishonee1 or criminal act by you, eny of ~ ."," ..':'iq\Jf pertne!5'. ~mployees, ~irectors. trus- ". . "tees, authorized' representatIVes or anyone to whom you eniiust'the property for any purpose: :'~. ,,~. ".' ,.. (1) Acting' alone or in collusion with oth- . '... ,:,,),. .'; .....J.. . .." - ";'j . ~ ers;.ar ",_' .' .;0" .' . I ....~ .. I Co ......, ~ .::..... -. .... .'. .... ~ ',., . '" _ (2h, Whether or "not,. occurring during the , ..:: .:..-,;:;'hours of'employment.: ''- . '::'::"This exclusfon .does n'ot 'apply to ects of .:'-.1 ,'~or"destruction by your' employees; but theft by empl!lyees is not~covered. '1:':Voluntery perting with enyproperty by you '" I "or anyone else'to whom you have en- trusted the property if induced to do so by ", any"fraudulent scheme: trick, device or false pretense. ... oi. .'. j: Rain, snow, ice or sleet to personal prop- erty in the open. .' .. ,'. i<';," Collapse? except' as provided below in the Additional Coverage for Collapse. But if loss"or damage by a Covered Cause of Loss results at the described premises, we . will p~y for..that resulting loss or damage. , h.. '. ~ ",: , :. . . . .. !. '. ....,. .... . ..' -.;..: '"~ '; .."....... . . . ~. ..... '" ':.:: ,....,.. ..-' Copyright. ISQ Commercial Risk Services. Incoo 1983. 19B7 CP 10 30 07 BB , . I. Relelle, dlscherge or diapersal. of .. "pollutllnta" unle.. the relelle, dlscherge , I or'dllpersal Is illelf cauled by eny of the "epeclfied caulllS of 10..". But If 10.. or damage by the "spllcified caules of 10.." ,resulll, we will pay for the relultlng dam. age ceuled by. the "Ipecified caule of . lose".. ".3. We will not pay for losl or demage caused by or resulting from any of the following.. But if .Ioas or damage by a .Covered. Cauae of LOIS " resulta, we will pay for that resulting ,10" or . damage: '.. ,. ".' ,,_,..' " :. .., '8.' Weather ~onditlons: But this .exclusion only applies if weather condilions contrlb. .:. ute In' eny way ~ith a cause or event ex. . . cluded 'In paragraph 1, above tll produce .. ..' . l oJ . .... ' " '.the loss.l!tdamege. - " .' ,: ' ...r ) _, . '" . _ ...~' " ,: b: Acta or decisions, including lh~ failure to .. act or decide, of any person, group, or- ganization or governmental body, . r; t'~':I":"', .' .,".... '!"" .' . . . . c.,. Faulty, madequate,or defective: . . . ". .-. . - '. .: 0 (1). Planning, zoning, deve.lopment, sur. .',,' ' . I. veyi~g, sitin'!; . . '(2) Design, specifications, workmanship, . repair, ,.t:onstruction. . renovation, reo modeling; grading, compaction; (3) .Materials used in repeir, construction, renovstlon or remodeling; or . - (4) 'Mainteriencef , ' of part or ell of any pro'perty on or off the , '.,' '. desciibed 'premises. ' ,.' " '0- 4. Special Exch.ilioris . ' The' following provisions apply only to the specified Coverage Forms. a. Buslna" Income (And Extra Expense) Coverage Form, Buslne" Income (Without Extra Expense) Coverege Form, or Extre Expense Coverege . Form' We will not pay for: (1) Any loss caused by or resulting from: ...-(e) Damage or destruction of "finished stock"; or (b) The time required' to' reproduce "finished stock". This exclusion does not epply to Extra Expense. (2) Any loss ceused by or resulting from direct physical loss or damage to radio or television antennas, including their lead.in wiring, masta or towers. . " ~ t (3) Any Increase of loss caused by or reo . suiting from: , . (~), Delay In r~building, repairing or .re' :' , placing the property or resummg . . "operations", due to interference at _ the location of the rebuilding, repair or replecement by strikers or Olher persons; or (b)' Suspension, lapse or cancelletion of - "',", \' -'.' 'any license, leese or contract, But ':; :~' C"" 0,. id If the'suspension, lapse or cancelle. ',~ 0' ,-." ,."tlon'is directly caused by the sus. ,. .. pension of "operalions", we will ',' 'cover such loss thet affects your ., ~ Business Income during the "period of restoration". ;:: ",., ,...... .' . (4) "Anv EXtra Expense caused by or result. ing from suspension, lapse or cencella- : ~:~,; .e': don 'of eny license, leese or contract ," ~ ",.'" , r, beyond the "period of resto'iatlon". . ',., '. ~.... " . 'J ' "'~:(6): '~ny other consequentislloss. ",:,.: b, Lee~ehold Interest Coverege Form (1) Paragraph B.1.a. Ordinance or Law, . (does not epply to insurance under this Coverage Form. o' (2)' We will not pay for eny loss caused by: , . .c_ :.- (.e) Yoo,u~ cancelling the lease; ,',,". o.(b) The suspension, lepse or cencelle. . ". '0 tion of any license; or . '._ . ..l.-. I ,0 '. ". (c) "Any other consequential loss. c, Legel L1ebllity Coverege Form (1) nie following Exclusions do.not epply , .. ,to insurance under this Coverege Form: .. . :(~) Peragreph B,1.a., Ordinance or Law; (b) Paragraph B.1.c., Governmental Action; (c) Paragreph B.1.d.. Nucleer Hazard; (d) Paragraph B.1,e.. Power Failure; and .(e) Paragreph B.1.f.. War and MiIltllry ,Action. (2) Contrectual Liability We will not defend eny cleim or "suit", or pey damages that you are legelly li- able to pay, solely by reeson of your essumption of liability in e contract or egreement. r: .:: 'i .:. ~...J C 'J',.:' CP 10 30 07 8B Copyright, ISQ Commerciel Risk Services, Inc.. 1983, 1987 Page 3 of 6 (3) Nuclear Hazard We will not defend any claim or .ault.. or pay any damages. loea. expense or obligation. resulting from nuclear re- action or radiation. or radioactive con- tamination. however caused. c. LIMITATIONS 1, We will not pay for loss of or demege to: a. Steam boilers. steam pipes, steam engines or steam turbines caused by or resulting from any condition or event inside such equipment. But we will pay for losa of or damage to such equipment caused by or resulting from an explosion of gases or fuel within the furnace of eny fired vessel or within the flues or passagea through which . the geses of combustion paSs. b. Hot .water boilers or other weter heating . equipment caused by or resulting from any condition or event inside such boilers or equipment. other then an explosion. c. The interior of any building or structure caused by or resulting from rain. snow. sleet. ice, sand or dust. whether driven by wind or not, unless: (1) The building or structure first sustains damage by a Covered Cause of loss 10 its roof or wells through which the rain, snow. sleet. ice. sand or dust enters; or (2) The loss or damage is ceused by or re- sults from thawing of snow. sleet or ice on the building or structure. d. Building materials and supplies not at- tached as pert of the building or structure. unless held for sale by you. caused by or resulting from theft, except as provided in C.5.e. below. e. Property thet is missing, but there is no physical evidence to show whet happened ~o It. such es shortage disclosed on taking Inventory . f, Gutters and downspouts caused by or re- sulting from weight of snow, ice or sleet. g. Property thet hes been transferred to a person or to a place outside the described premises on the basis of unauthorized in- structions. 2. We will not pay more for loss of or damage to glaea that is part of e building or structure than .100 for each plate. pane, multiple plete in- sulating unit, radiant or solar heeting panel. jalouaie, louver or shutter. We will not pay more than .500 for all loss of or damage to building glau that occurs at anyone time. Thia limilltion does not apply to Iou or damage by the .specified causes of loss.. ex- cept vandaliam. 3. We will not pey for loss of or demage to tha following types of property unless caused by the .specified ceuses of loss. or building glass breakege: . a. Valuable papers and records. such as books of account. manuscripts, abstracts. drawings, cerd index systems, film, tape, disc, drum, call or other dall processing. recording or storage media, and other re- . cords. b. Animals, end then only if they are killed or their destruction is made necessery, c. Fragile articles such as glessware, statuary, marbles, chinaware and porcelains, if bro- ken. This restriction does not apply to: (1) Glass thet is part of a building or structure; (2) Conlliners of property held for sale: or (3) Photographic or scientific instrument lenses, 'd. Builders' machinery, tools, and equipment you own or that are entrusted to you. while away from the premises described in the Declerations, except as provided in para- graph C.5.b. below. 4. For loss or demage by theft, the following types of property are covered only up to the limits shown: a. $2,500 for furs, fur germents and garments trimmed with fur. b. $2.500 for jewelry, watches, watch move- ments. jewels, pearls, precious and semi- precious stones. bullion, gold, silver, platinum end other precious elloys or metals. This limit does not apply to jewelry and watches worth $100 or less per item. Page 4 of 6 Copyright. ISQ Commerciel Risk Services, Inc.. 19B3, 19B7 CP 10 30 07 BB ) . . c, $2,500 for patterns, dies, molds and forms. d, $250 for stamps, tickets and letters of credit. 6, Builder.' RI.k Coverage Form Limita- tion. The following provisions apply only to the Builders' Risk Coverage Form. e, Limitation 1.d. is replaced by the follow- Ing: d, Building materials end supplies .not at- tached es part of the building or struc- ture caused by or resulting from theft, b. Limitetion 3.d. is replaced by the follow- ing: d. Builders' mechinery, tools and equip- ment you own or thet are entrusted to you. D. ADDITIONAL COVERAGE - COLLAPSE We will pay for loss or demege ceused by or re- sulting from risks of direct physical loss involving collapse of a building or any part of a building caused only by one or more of the following: 1. The .specified causes of loss. or breakage of building gless. all only as insured egeinst in this Coverege P.art; 2, Hidden decay; 3. Hidden insect or vermin damage; 4. Weight of people or personal property; 6, Weight of rain that colleclS on a roof; 6. Use of defective materiel or methods in con- struction, remodeling or renovation If the col- lepse occurs during the course of the construction, remodeling or renovation. We will not pay for loss or damage to the fol- lowing types of property, if otherwise covered In this Coverege Part. under items 2., 3., 4.. 5. and 6. unless the loss or demage is a direct result of the collapse of a building: outdoor radio or television entennas, includ- ing their leed-in wiring, meslS or towers; ewnings. gutters and downspoulS: yard fix- tures; outdoor swimming pools; fences; piers, wharves and docks; beach or diving platforms or appurtenances; reteining walls; walks, roadways and other paved surfaces. Collapse does not included settling, cracking, shrinkage. bulging or expension. This Additional Coverage will not increase the Limits of Insurance provided in this Coverage Pert. CP10300788 E. ADDITIONAL COVERAGE EXTENSIONS 1. Property In Tran.lt. This Extention applies only to your personal property to which this form eppliea. e. You may extend the insurance provided by this Coverage Part to epply to your personal property (other than property in the care. custody or control of your aalespersons) in transit more than 100 feet .. from the described premises. Property .. must be in or on a motor vehicle you own. leese or operete while between poinlS in the coverege territory. b. Loss or damege must be caused by or result from one of the following causes of loss: (1) Fire, lightning, explosion. windstorm or hail. riot or civil commotion, or vandalism. (2) Vehicle collision. upset or overturn. Collision means eccidental contact of your vehicle with another vehicle or object. It does not mean your vehicle's contact with the roed bed. (3) Theft of an entire bale. case or package by forced entry into a securely locked body or compartment of the vehicle. There must be visible marks of the forced entry. c. The most we will "ay for loss or damage under this Extension is $1000. This Coverage Extension is edditional insur- ance. The Additional Condition, Coinsurence. does not epply to this Extension. 2. Water Demage, Other Liquids, Powder or Molten Material Demege. If loss or damage caused by or resulting from covered water or other liquid. powder or molten ma- terial damage loss occurs, we will also pey the cost to tear out and replace any pan of the building or structure to repair damage to the system or eppliance from which the weter or other substence escapes. We will not pay the cost to repair any defect that caused the loss or damage; but we will pay the cost to repair or replace damaged parts of fire extinguishing equipment if the demage: e. ResullS in discharge of any substance from an eutomatic fire protection system; or b. Is directly ceused by freezing. Copyright. ISQ Commerciel Risk Services, Inc.. 1983. 1987 Page 5 of 6 .' F. DEFINITIONS -... ..,... '. , . "Specified .Cau.es of Lou" mean.. the following: "Fire; lightning;' explotlon:~wlndttonn"'or hell; smoke; elrcraft or vehiclea;.. riot. or civil commotion' vandalism; leakage from fire, enin. guiahing equipment ainkhole. colllp.e; volcanic action; failing objecu; weight C)f-.n,!w, ice or sleet weterdamage". ::;, "a~ I,~: -1.. Sinkhole colla pili' mean. the: .uddln alnklng .,.: or collepse ot land into'undilrground empty ., = specea creeted by 'the' ectlon ';of' water on . ~ limestone or dolomite.. Thla ceulII of 1011I doea not include: ..."'....:I.!. ,.: . J~, :. ., a. The cosrof.fllllng sinkholes; or .,;:~~ ,.j ......~: ',~ i. "'.;~ . . ", II r' f:: ".,: . I'~~:,l ',J '-,:. ....1 :, ... .'0' ,~,,:- 'I. '.,. ,')', ~ ~":' . "", It ~:I (" "'0 . ,~r;.:~.....I-' ..... " '. .."t .~ ~. ".' .",ill;j;; :Ij.;r}l:' ~~J . '~I ;:":(':,". ,..,,;'~,-:: io 1r ....1. .......Ii!.., '. ...:' .... : I :': ~:. n:..... '. '0 .(.~\' . ..~\... " : .~ . 'tto' .. _t'.:", !' .::.....y. '.... . .r': .:..... ::,,".;:':.J j"., .. '.~. i , ..' '" . ..: ,oj .' :i:._~~ ". .' . ,'. .1:;:' .., ~I" .:.1:"" i .' ", ",,,,0 '. .~", .......T': ....'- ~ . '':1. I.,', ;.~ .tH.~ ,.,;" II' " ....... . . - '~:i ~-'I'. . 'I' . ~l: : I.'~': ;. ...., ~ :. '.,. d '. j'.~: '; .. .'~f1 . , .... . ..... . . ~': ~ .. ." r . I' ~ . '~", ',' .. .: ". ....~ ,. .. .' " t;' ,''1 .,. '. .' ." -'. ,.' ; , . .' . ." 't' .' "j ,,". ".-' , . ", .' ",', '.:l,' ". ,- - .' . b, Sinking or collaplll of lend Into man.made :,~~ .underground cavitiu, ......, 2. Failing obJecu doe. not Include 10.. or demo ..;, ';l:ageto:,", '1" '.,) ......': ;... ',:';.i.,;: a, Peraonel property in the open; or .. ,', . b.y The' Interior of.a'.bullding or structure, or property Iniide a building or ItrUcture, un- . " ._. "I~ ,1_ the roof-or, an outside wall of the building or strUClure i. first demeged by a "c. .,:...!.~lIi!,g o~J!c.t. ,'lh"" ,,:,.' ... ~. 3.. Wlter damage means ec,!:ldenlll dlecherge or -~,:;.Ieakilge,of water..oi,sieam.es the direct result ..~. of the breaking or cracking. of eny pen of a "-Iystem' or eppliance containing: weter or Iteem. . ;:i~J':' .:..-.; ; ..C', .'/.. ',,' '.":'." ',. ':. .J ,:"'~":;1:!, tJ:'J .:..:" ': ." ~t:~~A':..:':.~ .. 3i)...q!?... I:~i ,:.:- -'''''O .:'..,", .\. 'n' ~.1 Vl'~ ~.-,~I.:., :.rJsm~r . .~\. {~nr.'IO'J"~, ;~')I lr: ':",..' ,'" :0: 11 .:~ 't." ,''"':':j: .:. ::: ':..~ ..:.~ :~:" :',,~'" '.,':: ..... ',' ; 1'.' ','iel , :' 1:, j'W,~ ''J' ,.. '. .,,' "'. ~ .": .'I~d, .., '. '. . ,"I.IU,~!: ~'''''L '.. ~ ':' ." .' . ...t- :;', ~i:. "'.- ....) '. ..!. .;j": .:~" .,.,..: ~t".' ,,:.- . . .' . .... .' ,:",~'. .~: !:;:':-,.;.I,'~ .!'.. .. ,;';:~: :~ ~~C.. '.~~. ":' '.. J :.- .... , '. I:,.. . \l. ;", .:~": ...~ ~-f.1 ':J- . 'O "j' ~ ;::'.\: ",... I::..'; ');'~. .,.:',.,.~ ';' ., ., ,:",', .' .,..... ", .:. '. ";' .~, 'I :':,. ':: I", '-'" . ..-' .' '::'! .: .,.:: . ......,.. . .' ~ t . .-:'. ,:,jl;. ,. ..... ,'.0,'" '. ~ .... I " " :,'., .". .:'~ - ... I.r. '. . . ,0\. ., i' .: ., ~ ~ ~ .~.. '; .' . .. ".,. ..- . . Page 6 of 6 Copyright. ISQ, Commerciel Risk Services, Inc" 1983, 1987 CP 10 30 07 88 . ... " . . COMMERCIAL GENERAL LIABILITY COVERAGE FORM Various provisions in this policy restrict coverage. Read Ihe 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. 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 SECTION II - WHO IS AN INSURED, Olher words and phrases that appear in quotation marks have special meaning. Refer to SECTION V- DEFINITIONS. . SECTION I - COVERAGES COVERAGE A. BODILY INJURY AND PROP. ERTY DAMAGE LIABILITY 1. Inlurlni Allreement. a. We will pay those sums that the insured becomes legally obligated to pay as damages because of "bodily injury" or "property dam- age" to which this insurance applies. No other obligation or liability to pay sums or per- form acts or services is covered unless explicitly provided for under SUPPLEMEN- TARY PAYMENTS - COVERAGES A AND B. This insurance applies only to "bodily injury" and "property damage" which occurs during Ihe policy period. The "bodily Injury" or "property damage" must be caused by an "occurrence." The "occurrence" must take place in the "coverage terrilory." We will have the right and duty to defend any "suit" seeking those damages. But: (1) The amounl we will pay for damages is limited as described in SECTION III -- LIMITS OF INSURANCE: (2) We may investigate and settle any claim or "suit" at our discretion: and (3) Our righl and duty to defend end when we have used up the applicable limit of insur- ance in the payment of judgments or set- tlements under Coverages A or B or medi. cal expenses under Coverage C. b. Damages because of "bodily injury" include damages claimed by any person or organiza- tion for care, loss of services or death result- ing at any time from Ihe "bodily injury." c. "Property damage" that is loss of use of tangible property that is not physically in- Jured shall be deemed to occur at the time of the "occurrence" Ihal caused it. 2. Exclullonl. This Insurance does not apply to: ..' CG 00011185 a. "Bodily injury" or "property damage" ex- pected or intended from the standpoint of the insured. This exclusion does nol apply to "bodily injury" resulting from the use of reasonable force to protect persons or prop. erty. b. "Bodily injury" or "property damage" for which Ihe insured is obligated to pay dam. ages by reason of the assumplion of liability in a contract or agreement. This exclusion does nol apply 10 liability for damages: (1) Assumed in a contract or agreement that is an "insured conlract:" or (2) That the insured would have in the ab- sence of the conlract or agreement. c. "Bodily injury" or "property damage" for which any insured may be held liable by reason of: (1) Causing .or contributing to the in- - . toxication.of any per.son: (2) The furnishing of alcoholic beverages to a person under the legal drinking age or '. under the influence of alcohol: or (3) Any slatule, ordinance or regulation re- lating 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. Any obligation of the insured under a workers . compensation. disability benefits or unem. - ployment compensation law or any similar law. e. "Bodily injury" to: . (1) An employee of the insured arising out of and in the course of employment by the insured: or (2) The spouse, child, parent, brother or sister of that employee as a consequence of (1) above. This exclusion applies: (1) Whether Ihe 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 assumed by the insured under an "insured contract. " COPYright. Insurance ~ervices Office. Inc.. 1982. 1984 Page 1 of 9 0 COMMERCIAL GENERAL LIABILITY COVERAGE FORM f. (1) "Bodily injury" or "property damage" arising out 01 the actual, alleged or threatened discharge, dispersal, release or escape 01 pollutants: (a) At or from premises you own, renl or occupy:' (b) Alar Irom any site or localion used by or lor you or olhers lor the handling, storage, disposal, processing or treat- ment 01 waste; .. (c) Which are' at any time transported, han- dled, stored, treated, disposed 01, or pro- cessed as waste by or for you or any per- son or organization for whom you may be legally responsible; or .. (d) At or from any site or location on which you or any contractors or subcontractors working directly or indirectly on your behalf are performing opera lions: (I) il the pollutanls are broughi on or to the site or location in connection with . .. such operations: or - (II) if the operations are to test lor, . monitor, clean up, remove, contain, . treat. detoxily or neutralize the pollutants. . (2) Any loss, cost, or expense arising out 01 any governmental direction or request thai you test.lor, monitor, clean up, remove, contain, treat, detoxify or neutralize pollulants. 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. g. "Bodily injury" or "property damage" arising oul 01 the ownership, maintenance, use or entrust- ment. to others 01 any aircraft, "auto" or watercraft owned or operated by or rented or loaned to any insured. Use includes operation and "loading or unloading." This exclusion does not apply to: (1) A watercralt while ashore on premises you own or rent: (2) A watercralt you do not own that is: (a) Less than 26 leet long: and (b) Not being used to carry persons or property lor a charge: (3) Parking an "auto" on, or on the ways next to, premises you own or rent. provided the "auto" is not owned by or rented or loaned to you or the insured: " ',. (4) liability assumed under any "insured contract" lor the ownership, mainte- nance or use 01 aircralt or watercralt: or (5) "Bodily Injury" or "property damage" arising oul of the operation 01 any ollhe equipment lisled in paragraph f .(2) or 1.(3) 01 the delinilion 01 "mobile equip- ment" (Section V.8). h. "Bodily injury" or "property damage" arising out of: (1) The transportation ol.~'mobile equip- ment" by an "auto". owned or operated by or rented or loaned to any insured: or (2) The use 01 "mobile equipment" In, or while in practice or preparation lor, a _ prea~ranged racing, speed or demolition contesl or in any stunting aclivity. I. "Bodily injury" or "properlY 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 agree'!1ent. J. "Property damage" to: (1) Property you own, rent, or occupy: (2) Premises you sell, give away or abandon, il the "property damage" arises out 01 .any part 01 those premises: (3) Property loaned to you: (4) Personal property in your care, custody . or control: (5) That particular part 01 real property on which you or any contractors or subcon- tractors working directly or indirectly on your be hall are perlorming operations, il the "property damage" arises out 01 those operations: or (6) That particular part 01 any property that must be restored, repaired or replaced because "your work" was incorrectly per- lormed on it. Paragraph (2) 01 this exclusion does not apply il the premises are "your work" and were never occupied, rented or held lor rental by you. Paragraphs (3), (4), (5) and (6) 01 this exclu- sion do not apply to liability assumed under a sidetrack agreement. Paragraph (6) of this exclusion does not app!y to "property damage" included in the "pro- ducts-completed operations hazard." k. "Property damage" to "your product" aris- ing out of it or any part 01 it. Page 2 of 9 Copyright. Insurance ~ervices Olllce. Inc.. 1982, 1984 CG 00 01 11 85 c c . . I. "Properly 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 subconlractor. m. "Property damage" to "impaired property" or property Ihat has not been physically injured, arising out of: (1) A defect. deficiency, inadequacy 'or 'dan: gerous condilion in :'your product" or "your work:" or (2) A delay or failure by you or anyone acting on your behalf to perform a contract or agreement in accordance with its terms.. This exclusion does not apply to the loss of use of other property arising out of sudden and accidental physical injury to "your product" or "your work" after it has been put to its in- tended use. n. 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 pro'/luct;" (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 lire to premises rented to you. A separate limit of insurance applies to this coverage as described in SECTION 11\ - LIMITS OF INSURANCE. COVERAGE B. PERSONAL AND ADVERTIS. ING INJURY LIABILITY 1. Insuring Agreement. a. We will pay those sums that the insured becomes legally obligated to pay as damages because of "personal injury" or "advertising injury" to which this insurance applies, No other obligation or liability to pay sums or per- form acts or services is covered unless ex- plicitly provided for under SUPPLEMENTARY PAYMENTS-COVERAGES A AND B. We will have the right and duty to defend any "suit" seeking those damages. But: (1) The amount we will pay for damages is limited as described in SECTION III - LIMITS OF INSURANCE: COMMIORCIAL GENERAL LIABILITY COVERAGE FORM (2) We may investigate and settle any claim or "suil" at our discretion: and (3) Our right and duty to defend end when we have used up Ihe applicable Iimil of insur- ance in the payment of judgmenls or set. t1ements under Coverages A or B or medi. cal expenses under Coverage C. b. This insurance applies to "personal injury" only If caused by an offense: (1) Committed in the "coverage territory" during the policy period; and (2) Arising out of the conducl of your busi- .. ness" excluding advertising, publishing, broadcasting or telecasting done by or for you., . " c. .This insurance applies to "advertising injury" only if caused by an offense committed: . (1) In the. "coverage territory" during the . 'policy period: and (2) ,In Ihe course of advertising your goods, . products or services.. . . 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: (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; or (4) For which the insured has assumed liabil- ity in a contract or agreement. This exclu- sion does not apply to liability for dam- ages that the insured would have in the absence of the contract or agreement. b. "Advertising injury" arising out of: (1) Breach of conlract. other than misap- propriation of advertising ideas under an implied contract; (2) The failure of goods, products or services to conform with advertised qualily or performance: (3) The wrong description of the price cf goods, products or services: or (4) An offense committed by an insured whose business is advertising. broadcast- ing, publishing or telecasting. CG 00 01 11 85 COPYright. Insurance ~ervlces Office, Inc.. 1982. 1984 Page 3 of 9 COMMERCIAL GENERAL LIABILITY COVERAGE FORM COVERAGE C. MEDICAL PAYMENTS 1. Inlurlne Aereement. a. We will pay medical expenses as described below for "bodily injury" caused by an accI- dent: (1) On premises you own or rent: (2) On ways next 10 premises you own or rent; or (3) Because of your operations; provided that: (1) The accidenl takes place in Ihe "cover- age territory" and during the policy period;. '" (2) The expenses are incurred and reported to us wilhin 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 e,!ceed. thE!; applicable limit of insurance. We will pay reasonable expenses for: . (1) First aid at the time of an accident: (2) Necessary medical, surgical, x-ray and dental servlces, including prosthetic de- vices; and (3) Necessary ambulance. hospital, profes- sional nursing and funeral services. 2. Excluslonl, 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 occupies. . d. To a person, whether or not an employee of any insured. if benefits for the "bodily injury" are payable or must be provided under a workers compensation or disability benefils law or a similar law. " e. To a person injured while taking part in athlet- ics. f. Included within the "products-completed op- erations hazard." g. Excluded under Coverage A. h. Due to war. whether or not declared. or any act or condition incident to war. War includes civil war. insurrection. rebellion or revolution. SUPPLEMENTARY PAYMENTS - COVER. AGES A AND B We will pay, with respect to any claim or "SUit" we defend: 1. All expenses we incur. 2. Up to $250for cost of bail bonds required because of accidents or traffic law violations arisIng out of "the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to fur- nish 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 furnosh 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 $100 a day because of time off from work. , . . 5. All costs taxed against the insured in the "suit." 6. Pre-judgment interest awarded against the in- sured on that part of Ihe judgment we pay. If we make an offer to pay the applicable limit of insur- ance, we will not pay any pre-jUdgment interest based on that period of time after the offer. 7. All interest on the full amount of any judgmenl that accrues after entry of the judgment and before 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. 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 insured. Your members. your partners. and their spouses are also insureds, but only with respect to the conduct of your business. c. An organization other than a partnership or joint venture. you are an insured. Your ex- ecutive 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 your executive officers. but only for acts within the scope of their employment by you. However. none of these employees is an Insured for: Page 4 of 9 Copyroght. Insurance ~ervlces Office. Inc.. 1982. 19B4 CG 00 01 11 85 ) . (1) "Bodily injury" or "personal injury" to you or to a co-employee while in the course of his or her employmenl: or (2) "Bodily injury" or "personal injury" aris- ing out of his or her providing or failing to provide professional heallh care services: or (3) "Property damage" 10 property owned or occupied by or rented or loaned to thai employee, any of your other employees, or any of your partners or members (if you are a partnership or joint venture). b. Any person (other than your employee), or any organizalion 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 respecl 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 respecl to duties as such. That represen- tative will have all your rights and dulies under this Coverage Part. 3. With respect 10 "tl),obile 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 per- mission. Any other person or organization respon- sible for the conduct of such person is also an insured, but only with respect to liability arising out of the operation of the equipmenl, 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 10. in Ihe charge of or occupied by you or the employer of any person who is an insured under this provision. 4. Any organization you newly acquire or form. other than a partnership or joint venture, and over which you mainlain ownership or majority inter- est, will be deemed to be a Named Insured if there is no other similar insurance available to that organization. However: a. Coverage under this provision is aHorded only until the 90lh day after you acquire or form the organization or the end of the policy period, whichever is earlier: COMMERCIAL GENERAL LIABILITY COVERAGE FORM b. Coverage A does not apply to "bodily Inlury" or "property damage" that occurred before you acquired or formed Ihe organization; and c. Coverage B does not apply to "personal . injury" or "advertising injury" arising out of an oHense committed before you acquired or formed the organizalion. No person or organization is an insured with respect 10 Ihe conduct of any current or past partnership or joint venlure thai is not shown as a Named Insured in the Declarations. . SECTION III - LIMITS OF INSURANCE 1. The Limits of Insurance shown in the Declarations 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 orgarizations 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: and b. Damages under .Coverage A and Coverage B. except damages because of injury and dam- age included in the "products-completed opera lions hazard." 3. The Products-Completed Operations Aggregate Limit is the most we will pay under Coverage A for damages because of injury and 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 Cover- age B for the sum of all damages because of all "personal injury" and all "advertising injury" sus- tained by anyone 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 dam- age" arising out of anyone "occurrence." 6. Subject to 5. above, the Fire Damage Limit is the most we will pay under Coverage A for damages because of "property damage" to premises rented to you arising out of anyone fire. 7. Subject to 5. above, the Medical Expense Limit is the most we will pay under Coverage C for all med- ical expenses because of "bodily injury" sus- tained by anyone person. CG 000111 85 COPYright. Insurance ~ervices OHice. Inc" 1982. 19B4 Page 5 of 9 . COMMERCIAL GENERAL LIABILITY COVERAGE FORM The limits of this Coverage Part apply separately 10 each consecutive annual period and to any remaining period of less than 12 monlhs, starting with the begin- ning of the policy period shown In Ihe Declarations, unless the policy period is extended after issuance for an additional period of less than 12 months, In thai case, the additional period will be deemed part of the last preceding period for purposes of delermining the Limits of Insurance. 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 obliga- tions under this Coverage Part. 2. Duties In The Event Of Occurrence, Claim Or Suit. a. You must see to it that we are notified prompt- ly of an "occurrence" which may result in a claim. Notice should include: (1) How, when and where the "occurrence" look place; and (2) The names and addresses of any injured persons and witnesses. b. If a claim is made or "suit" is brought against any insured, YOlJ'must see 10 it that we receive prompt written notice of the claim or "suit." 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. settlement or defense of the claim or "suit;" and (4) Assist us, upon our request. in the en- forcement of any right against any person or organization which may be liable to the insured because of injury or damage to which this insurance may also apply. d. No insureds will. except at their own cost. voluntarily make a payment, assume any obligation, or incur any expense, other than for first aid. without our consent. 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 insured: or b. To sue us on this Coverage Part unless all of its terms have been fully complied with. A person or organization may sue us to recover on an agreed settlement or on a final judgment against an insured obtained after an actual tllal: 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 insur- ance. An agreed settlement means a settlement and release of liability signed by us, the Insured and the claimant or the claimant's legal repre- senlative. 4. Other Insurance. I! other valid and collectible insurance is available to the insured for a loss we cover under Coverages A or B of this Coverage Part. our obligations are limited as follows: a. Primary Insurance This insurance is primary except when b. below applies. If this insurance is primary, our obligalions are not aHected 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 Ihe other insurance. whether primary, excess, con- tingent or on any other basis: (1) That is Fire, Extended Coverage, Builder's Risk, Installation Risk or similar coverage for "your work:" (2) That is Fire insurance for premises rented to you; or (3) I! the loss arises out of the maintenance or use of aircraft. "autos" or watercraft to the extent not subject to Exclusion g. of Coverage A (Section I), When this insurance is excess, we will have no duty under Coverage A or B to defend any claim or "suit" that any other insurer has a duty to defend. I! 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 insurance would pay for Ihe loss in the absence of this insurance: and (2) The total of all deductible and self-insured amounts under all that other insurance. Page 6 of 9 CopYllght, Insurance ~ervices OHice. Inc.. 19B2. 19B4 CG 00 01 11 B5 ) . . We will share the remaiOlng loss, if any, wllh any other insurance that is not described 10 Ihis Excess Insurance provision and was not boughl specifically 10 apply in excess of Ihe Limits of Insurance shown in Ihe Declarations of this Coverage Part. Oo c. Method of Sharing If all of the other insurance permils contribu- tion by equal shares, we will follow this meth- od also. Under this approach each insurer contributes equal amounts until it has paid its applicable Iimil of insurance or none of the loss remains. whichever comes first. If any of the olher insurance does not permit contribulion by equal shares, we will con- tribute by limits. Under Ihis method, each insurer's share is based on the ratio of its applicable limit of insurance to Ihe lotal appli- cable limits of insurance of all insurers. 5. Premium Audit. . .' a. We will compute all premiums for this Cover- age Part in accordance with our rules and rates. b. Premium shown in this Coverage Part as advance premium is a deposit premium only. At the close of each audit period we will com- pute the earned premium for that period. Audit premiums are due and payable on notice to the first Named Insured. If the sum of the advance and audit premiums paid for the policy term is greater than the earned premium, 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 com- putation, and send us copies at such times as we may request. 6. Representations. By accepting this policy,'you agree: a. The statemenls 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 agalOst whom claim is made or "suit" is brought. COMMERCIAL GENERAL LIABILITY COVERAGE FORM 8. Transfer Of Rights Of Recovery Against Others ToUs. If Ihe insured has rights to recover all or part of any paymenl we have made under Ihls Coverage Pari, those tights are transferred to us. The insured musl do nothing alter loss to Impair them, At our request, the IOsured will bring "suit" or transfer Ihose rights to us and help us enforce Ihem. SECTION V - DEFINITIONS 1. "Advertising injury" means injury arISing out of one or more of the following offenses: a. Oral or written publication of malerial that slanders or libels a person or orgaOlzatlon or disparages a person's or organization's goods, products or services: b, Oral or written publication of material that violates a person's tight 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 o semilrailer 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 Ihese 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 injur~' or damage arises out of: (a) Goods or products made or sold by you in the territory described in a. above; or (b) The activilies 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. CG 00 0111 85 Copyright. Insurance ~ervlces Office, IncOo 1982. 1984 Page 7 of 9 . COMMERCIAL GENERAL LIABILITY COVERAGE FORM 5. "Impaired property'; means tangible property, olher than "your product" or "your work," that cannot be used or is less useful because: a. It incorporates "your producl" or ",your work" that Is known or thoughl to be defec. tive. deficient, inadequate or dangerous: or b. You have failed to fulfill the terms of a con. Iract or agreement; , if such property can be restor,e~ .10 use by:,.. - a. The repair, replaceme'nl: adjustment or reo moval of "your producl" or "your work:" or . ,. ..,. b. Your fulfilling Ihe lerms of the contract or agreement.... . I ; l~ 6: ::'~sured conlract';'means: ,,' , ,~.. , . '" I. A lease of premises: ":.;u'~ b. A sidetrack agreement: ., ,', C I , I c. An easement or license agreemenl in connec- tion with 'vehicle or. pedestrian" pri,vate railroad crossings at grade:. ". ~: " d. ' Any other easemenl ,agreement. except in connection with construction or demolition opera lions on or within 50 ,feet of a railroad: e. An indemnification of a municipallly as required by ordinance. except in connection wilh work for a municipality; f. An elevalor maintena'nce agreement; or g. That part of any other conlract or agreement pertaining to your business under which you assume Ihe tort liability of another to pay damages because of "bodily injury" or "prop- erty damage" to a third person or organiza- tion, if the contract or agreement is made prior 10 the "bodily injury" or "property dam- age." Tort liability means a Iiabilily that would be imposed by law in the absence of any con. tracl or agreement. An "insured contract" does not include that part of any contract or agreement: - a. That indemnifies an architect, engineer or surveyor for injury or damage arising out of: (1) Preparing, approving or failing to prepare or approve maps, drawings, opinions, re- ports, surveys, change orders, designs or specifications: or (2) Giving directions or instructions. or failing to give them, if that is the primary cause of the injury or damage: b. Under which Ihe insured, if an architect. engi- neer or surveyor, assumes liability for injury or damage arising out of the insured's render- ing or failing to render professional services, including those listed in a. above and super- visory. inspection or engineering services: or c. That indemnifies any person or organization for damage by fire to premises rented or . loaned ,to you.' , 7. "Loading or unloading" means Ihe handling of property: ' a. Afler it is moved from Ihe place where it is accepted for movement into or onlo an .~,,: aircraft, watercraft or "auto:" b.' While it is in or on an aircraft, watercraft or . "auto'" or : " ".; . 1,,1.. ~ . i ,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, olher than a hand truck, that is not attached to the aircraft. watercraft or "auto." 8. "Mobile equipment" means any'of the following types of land vehicles, including any attached .' machinery or equipment: , . ",.: Bulldozers, farm machinery, forklifts'and other vehicles designed for use principally off . public roads; b. Vehicles maintained for use solely on or next 10 premises,you own or rent: C;'. Vehicles Ihat travel on crawler treads: d.~ Vehicles, whether self.propelled or not, main- tained primarily to provi.de mobility to perma. "I. nently mounted: . .. .. (1) Powe;:c;anes; shovels, loaders, diggers , or drills: or (2). Road construction or resurfacing equip- , ., ment such as graders, scrapers or rollers: 8. Vehicles not described in a" boo c. or d. above that are not self.propelled and are maintained primarily to provide mobilily to permanently attached equipment of the following Iypes: (1) Air compressors, pumps and generators. including spraying, welding, building cleaning, geophysical exploration, light. . ing and well servicing equipment: or (2) Cherry pickers and similar devices used to raise or lower workers: f, Vehicles not described in a" boo c. or d. above maintained primarily for purposes other than the transportation of persons or cargo. , However, self-propelled vehicles with the following types of permanently attached equipment are not "mobile equipment" but will be considered "autos:" (1) Equipment designed primarily for: (a) Snow removal: Page 8 of 9 CG 00 01 11 85 Copyright. Insurance ~ervices Office. Inc.. 1982. 1984 . . . ) t . . . (b) Road mainlenance, bul not con- struction or resurfacing: (e) Street cleaning; (2) Cherry pickers and similar devices mounted on automobile or truck chassis and used 10 raise or lower workers; and (3) Air compressors, pumps and generators, including spraying, welding, building cleaning, geophysical explorallon, light- ing and well servicing equipment, 9. "Occurrence" means an accident, including con- tinuous or repeated exposure to substantially the same general harmful condilions. 10. "Personal injury" means injury, other than "bodily injury," arising out of one or more of Ihe following offenses: a. False arrest, dele nil on or imprisonment: b. Malicious proseculion; e. Wrongful entry into, or eviction of a person from, a room, dwelling or premises that the person occupies: d. .Oral or written publication of material Ihat slanders or libels a person or organization or disparages a person's or organization's goods, products or services; or B. Oral or written publication of malerial that vioiates a person's right of privacy. 11. a. "Producls-completed operations hazard" includes ail "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 thai are still in your physical possession: or (2) Work that has not yet been completed or abandoned. b. "Your work" will be deemed compleled at the earliest of the following times: (1) When all of the work cailed for in your con- tract has been completed. (2) When all of the work to be done al 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 complele. will be treated as com- pleted. . COMMERCIAL GENERAL LIABILITY COVERAGE FORM e. This hazard does not Include "bodily injury" or "property damage" ariSing out of: (1) The transportation of property. unless the injury or damage ari~os out of a condi- tion in or on a vehicle created by Ihe "loading or unloading" of it; (2) The exislence of tools, uninstalled equip- menl or abandoned or unused materials: (3) Producls or operations for which the classification in this Coverage Part or in our manual of rules includes products or completed operations. 12. "Property damage" means: a. Physical injury to tangible property, including all resulting loss of use of Ihat property; or b. Loss of use of tangible property that is not phYSically injured. 13. "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 aileged. "Suit" includes an arbitration proceeding aileging such damages to which you must submil or submit with our consent. 14. "Your product" means: a, Any goods or products, other than real prop- erty, manufactured, sold, handled, distrib- uted or disposed of by: (1) You; (2) Others trading under your name; or (3) A person or organizalion whose business or assels you have acquired: and b. Containers (other than vehicles), materials, parts or equipment furnished in connection with such goods or products. "Your product" includes warranties or represen- tations made at any time with respect to the fit- ness, quality. durability or performance of any of the items included in a. and b. above. "Your product" does not include vending ma- chines or other property rented to or located for the use of others but not sold. 1!!. "Your work" means: a. Work or opera lions 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- tions made at any time with respect to the fitness, quality, durabilily or performance of any of the items included in a. or b. above. CG 00 01 11 B5 Copyright, Insurance ~ervices Office, Inc.. 1982, 1984 Page 9 of 9 . CC 254 (1.86) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CR 10270186 WELFARE AND PENSION PLAN ERISA COMPLIANCE Provision 1. ollhis endorsemenl applies to Ihe CRIME GENERAL PROVISIONS FORM and all Crime Co~erage Forms lorming part ollhe Policy. The olher provisions 01 this endorsement apply only to Ihe EMPLOYEE DISHONESTY COVERAGE FORM A-BLANKET. PROVISIONS In compliance with certain provisions of Ihe Employee Retirement Income Security Act (ERISA): 1. "Employee" also includes any natural person who is: a. A Irustee, an ollicer, employee, administrator or a manager, except an administrator or a manager who is an independent contractor, of any Employee Welfare or Pension Benelit Plan (hereafter called Plan) insured under this insurance, and b, Your director or trustee while thai person is handling funds or olher property of any Plan insured under this insurance. 2, II any Plan is insured jointly with any other enlity under Ihis insurance, you or the Plan Administrator must select a Limit 01 Insurance lor the EMPLOYEE DISHONESTY COVERAGE FORM that is sullicient to provide an amount of insurance lor each Plan that is at least equal to Ihal required il each Plan were separately insured. 3. IIlhe Insured lirst named in Ihe Declarations is an entity other than a Plan, any payment we make to thai Insured for loss sustained by any Plan will be held by that Insured lor the use and benelil of the Plan(s) sustaining the loss. 4. II two or more Plans are insured under this insurance, any paymenl we make for loss: a. Sustained by two or more plans or b. 01 commingled lunds or olher property 01 two or more Plans Ihat arises oul of one "occurrence", is to be shared by each Plan sustaining loss in the proportion that the amount 01 insurance required lor each such Plan under ERISA provisions bears 10 the lotal of those amounts. 5. The Oeducllble provision 01 the EMPLOYEE DISHONESTY COVERAGE FORM does not apply 10 loss suslained by any Plan subject 10 ERISA which is insured under Ihis insurance. ",..-.-.Op &,UTH.NTtc~ '---::::....... PENNSYLVANIA NOTICE Il 09 10'HO 291 . (Ed. Oi 8:', ,.'I"!'" : i.,l' ' , ' :;" . . 1..1 ;.~ Ins~rdr.ct Comp_ny, its a:enll, employees, or service contra~loll actlnl on ill bthall, m,y ftrcYl~e lefVlCt! 10 le~uce In~ I;~ehhood 01 inJury, duth or loss. These services may include any otlhe tollow'"l or rellted services inci~enllo the application lor, issuance, renewal or continuation 01, a policy of insurance: 1. surveys; 2. consultation or advice: or 3. inspections. The "Insurance Consultation Services Exemplion Act" 01 Pennsylvania provides that the Insurance Company, its alents, employees or service contractors actin I on its behalf, is not liable for damales from injury, death or loss occurrinl as a result of any act or omission by any person in the furnishinl ot or the failure to turnish these services. The Act does not apply: 1. il the injury, death or loss occurred during the actual perlormance 01 the services and was caused by the negligence of the Insurance Company, its agents, employees or service contractors: to consultation services required to be performed under a written service contract not related to a policy of insurance: or it any acll or omissions 01 the Insurance Company, its agents, employees or service conlractors are judicially determined to constitute a crime, actual malice, or Iross negligence. ~ . 2. 3. Instruction to Palley Wntlrl Attach the Pennsyl'ilnl3 Hotlce to all ntw Ind renewal oohCltS and renewll cen_healls lnsuuna mks located In Pennsylvanl'. Il 09 10/HO 291 (Ed, Ot 81) J tion will be mailed or delivered 3t least 60 days before the effective date of cancellation. d. Loss of reinsurance or a substantial decrease in reinsurance has occurred. which loss or decrease, at the time of cancel~tion. shall be certified to the Insurance Commillioner as di- rectly affecting in-force policies. Notice of cancellation will be mailed or delivered at leaat 60 days before the effective date of cancel'-tion. e. Material failure to comply with policy terms. conditions or contractual du- ties. Notice of cancellation will be mailed or delivered at least 60 days before the effective date of cancel- lation. f. Other reasons that the Insurance CommiSSioner may' approve. Notice of cancellation will be mailed or de- livered at least 60 days before the effective date of cancellation This policy may also be cancelled from in- ception upon discovery that the policy was obtained through fraudulent statements. omissions or concealment of facts material to the acceptance of the risk or to the hazard ass~d by us. .. We will mail or deliver our notice to the first Named Insured's last mailing address known to us. Notice of cancel- lation will state the speCific reasons for cancel~tion !S. Notice of cancellation will state the ef- fective date of cancellation The policy period will end on that date. IS. If this policy is cancelled. we will send the first Named Insured any premium refund due. If we cancel. the refund will be pro rata and will be retlJrned Within THIS ENDORSEMENT CHANGES THE POUCY. PLEASE READ IT CAREFUlLY. . . A. The CANCELLATION Common Policy Condi- tion is replaced by the following: CANCEI.1.A TION 1. The first Named Insured shown in the Declarations may cancel this policy by writing or giving notice of cancellation 2. CANCEI.1.A TION OF POL.ICIES IN EFFECT FOR LESS THAN 80 DAYS We may cancel this policy by mailing or delivering to the first Named Insured written notice of cancellation at least 30 days beforlr the effective date of can- cellation 3. CANCEI.1.ATION OF POL.ICIES IN EFFECT FOR 60 DAYS OR MORE If this policy has been in effect for 60 days or more or if this policy is a re- newal of a policy we issued. we may cancel this policy only for one or more of the following reasons: a. You have made a materiJIl misrepre- sentation which affects the insurability of the risk. Notice of cancellation will be mailed or delivered at least 15 days before the effective date of cancellation b. You have failed to pay a premium when due. whether the premium is pay,*,l~ directly to us or our agents or Indirectly under a premium finance plan or extension of credit Notice of cancellation will be mailed at least 15 days before the effective date of cancellation c. A condition. factor or loss experience material, to insurability has changed substantially or a substantiJIl condition. factor .or loss experience material to Insurability has become known during the policy period Notice of cancella- PENNSYLVANIA CHANGES - CANCELLATION AND NONRENEW AL This endoraement modlfiu insurance provided under the following: BOILER AND MACHINERY COVERAGE PART BUSINESSOWNERS POL.ICY COMMERCIAL AUTO COVERAGE PART COMMERCIAL CRIME COVERAGE PART-EXCEPT COVERAGE FORM A COMMERCIAL. GENERAL. L.IABIl.ITY COVERAGE PART COMMERCIAL. PROPERTY COVERAGE PART COMMERCIAL. INLAND MARINE COVERAGe PART FARM COVERAGE PART L.IQUOR L.IABIL.ITY COVERAGE PART POLLUTION L.IABIL.ITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS L.IABIL.ITY COVERAGE PART IL 02 46 08 86 Copyright. Insurance Services Qffice. Inc.. 1986 COPYright. ISQ ComrnerciJIl Risk "Services. Inc.. 1986 Page 1 of 2 10 bus in... da.,.s aftar the .ff.ctiv. date of csnc.llltion. If the first Named Ineur.d clnc.'s, the r.fund may b. I... than pro rata and will b. r.turned within 30 days aft.r the .ff.ctlv. date of Clnc.'- latlon. Th. canc.lIstion will b. .ff.ctiv. even if we have not mad. or off.r.d a refund 7. If notice is mail.d. it will b. by r.gis- tered or first cia.. mail. Proof of mail- ing will be suffici.nt proof of notic.. B. The following are add.d and sup.rs.d. any provisions to the contrary: 1. NONRENEWAL If we decide not to r.n.w this policy. we will mail or deliver written notice of nonrenewal, stating the specific ruson. for nonrenewal. to the first Nam.d Ineured st least 60 day. b.for. the elCpirstion date of the policy. .... IL 02 46 08 86 ~ 2. INCREASE 01" PREMIUM If w. incrus. your r.n.wal premium. w. will mail or d.liv.r to the fir.t Nam.d In- .ured: L Written notic. of our cr.... the pr.mium at b.for. the .ff.ctiv. pr.mium incr....; and b. An .stImat. of the increa.. at I...t 30 days b.for. the .ff.ctive date of premium incr..... Any notic. of nonr.newal or r.n.wal pr.mium incr.... will b. mail.d or d.liv.r.d to the fir.t Nam.d Insur.d's last known addr.n If notic. is mail.d. it will be by r.gist.red or fir.t cia.. mail Proof of mailing will b. suffici.nt proof of notic.. int.nt to in- I...t 60 day. date of the Copyright. Insuranc. Servic:u Offic.. Inc.. 1986 Copyright. ISQ COhd,l8fCial Risk 'Servlcls. Inc.. 1988 Pig. 2 of 2 D .. COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY, AMENDMENT OF POLLUTION EXCLUSION This endorsement modifies insurence provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART The following is added to exclusion I. of COVERAGE A (Section I): Subparagrephs (e) and (d)(i) of peragraph (1) of this exclusion do not epply to "bodily injury" or "propeny damage" caused by heet, smoke or fumes from a hostile fire. As used in this exclusion. a hostile fire meens one which becomes uncontrollable or breeks out from where it wes intended to be. .l'l.\, ~~.. ~~..' '>' .' CG 00 41 05 86 Copyright Insurance Services Qffice. Incoo 1986 o , r J , THIS ENDORSEI9lEl''T CHANGES THE POLICY. PLEASE READ IT CAREFt,;LLV. ASBESTOS EXCLUSION ENDORSEMENT , TIlls IIlsurance doel not IPllly 10: 1. "Bodily InjUry" or "properlY cIllma,e" wtllcb II allnbuled 10 or IS Alle,ed 10 ~ve been cAused by exposure 10 ..heslOS or asbellos conlAlnlng mAlerlal1 ,.'hlcb are mlnurAclured. sold. hAndled, IUA 11I\.:11 ned. repaIred, renlo\'ed. dllposed or, IfAnSIlOrled, dlslnhuled or InslAlIed by or on bebalf of lhe Insured or b)' olhen IfAdlng under hIS or lIS nlme: or 2. Any Iou. cosl. or expense ,.'hlch IS Allrlbuled 10 or II alleged 10 ~ve been caused by a hCIIllb banrd rel31ed 10 Asbeslos or Isuslos conlAlnlng malenAls including lhe cleanup, repaIr. removlll, conllllnmenl. Including enclllllUlllllOll. or llny olher correcllve measures IAken ellbel' volunllltlly or Al lhe dlrecllon of lln)' governmenUlI enlllY 10 ehmll\llle. reduce. conlfo'. moullor. or lesl f(lr sucb hcAl\h baZArd be~USC of lhe exilleace of llllx:slol wI\lun lbe Illnd lind/or bUlldlllg wblcb are ellller owned. IClIIed or (llbcr"'\sc ,.'\lhln \be Cllre. cUllody or conlrol of lhe Insured. II il llgreed lbal lhe Company lhall bave no dUlY or oblil1allon 10 defend or lIlvesllgllle any ciano excluded by Ibis CIIdorSClllenl. .' ThIS endorsemenl changes lbe JlCllicy to whicb II II atllcbcd llod is erreclive on \be clale Issued unlesl otherWISe IUlted. Effecllve Dllte of lbil EndorSCIIICllt Tlus endorsclDCllt forms a part of POLICY NO. ISSUED TO ISSUED BY Dille l~sueo1 Vice ~ POLICY DATED '- \ -:>-...0 - SecreUlry GL-l:: "001-'101" INEW III'" ..., .. .. This policy contains i.portaDt coveraqe exclusions THIS HELPS EXPLAIN YOUR POLICY :PLEASE READ THIS NOTICE CAREFULLY This p~licy contains a Pollution Exclusion and an Asbestos Exclusion as well as other exclusions. PMA, has Mother ob1iqation or liability to pay sums or perform acts or services unless coveraqe is explicitly provided. If the Commercial General Liability Occurrence Coveraqe Form, CG 0001, is attached to your policy, pollution is excluded by exclusion F. and amended by form CG-0041, Amendment of Pollution Exclusion. If the Comprehensive General Liability Occurrence Coveraqe Form, GL ld, is attached to your policy, pollution is excluded by Pollution Exclusion Endorsement IL 0928. Asbestos coveraqe is excluded by Asbestos Exclusion Endor.ement GL 32. If your previous policy did not contain this exclusion, this serves as notice to you that there is a r~du~ti~n in cover8~e. If you have any questions, please contact your aqent, broker or PMA Representative. (To be enclosed with all General Liability and Packaqe Policies) l....,ii.,." .. -">"..,,, ",t.., <., '. ',' ~/,j:~ :,,~~~'~~':~:':}:;;:~';''i,'"'''~'Z L"~' . .~. ~:: ,,?:t;<>'""',.;, :I.t ..~~l.,tr1;'.<,';;'~,,:ttl\::;;'~ .,:tt-;t~ih~t:lft,Al4~';:f."'. " J"",,'.."'''' ,.',.'':. .,ii.'.,. ,"'-', ..'-'.....~.. . , , \ --ijj;-"':"" '; ~ " , , , t. ... .~..- ,,~ . ,'i,.v.'" , ~ ~""_ . ..__ ~,,,,,,,_~,,,~,,,,~__,,,,,,,~,,,,,,,,,,,,,,!<~,,,,,,,,,,",..,,....';"l'''''''''.''''"''''''~''''~..~ ~,;;>",,,;il,,,....~..,.t,~-,,",<,"'''':~''!''''''':'rc~.:t<>:~~.,,,,,-~,,,,.,,~~,~~"tl!~. .~r,.,~. J ::..:...1!~;"i.,.ItiJ~.~.b.~I/'7'~', JUl IS 2 22 rK '9~ if fleE (';f ;'\ .1J;\~': .\i,'( CU;",~;[~"~ ""~' f:,' ..JIl' i UPt-,( .1.\li,:. .... ~~,~"~"""'. - ".~, .". 'Il '" - .. "~ -....-- " r- f~ .. . v. IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW No. 94-2394 NCCOY BROTHERS, INC., Plaintiffs PENNSYLVANIA MANUFACTURERS' ASSOCIATION INSURANCE COMPANY, Defendant JURY TRIAL DEMANDED NOTICE TO PLEAD TO: PLAINTIFFS AND THEIR COUNSEL R. Stephen Shibla, Esquire One South Market Square 12th Floor P.O. Box 1146 Harrisburg, Pennsylvania l710B-1146 YOU ARE REQUIRED to plead to the within Answer with New Matter within twenty (20) days of service hereof, or a default judgment may be entered against you. PETERS & WASILEFSKI By: CHARLES E. WASILEFSKI Attorney 10 #21027 !) 2931 North Front Street I . Harrisburg, PA 17110 [717] 238-7555 Dated: f/elrv Attorney for Defendant MCCOY BROTHERS, INC., Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW No. 94-2394 v. PENNSYLVANIA MANUFACTURERS' ASSOCIATION INSURANCE COMPANY, Defendant JURY TRIAL DEMANDED ANSWER WITH NEW MATTER OF DEFENDANT, PENNSYLVANIA MANUFACTURERS' ASSOCIATION INSURANCE COMPANY, TO PLAINTIFF'S COMPLAINT NOW COMES, Defendant, Pennsylvania Manufacturers' Association Insurance Company ("PMA"), by and through its attorneys, Peters & Wasilefski, and answers Plaintiff's Complaint as follows: 1. Defendant, PMA, admits the allegations contained in Paragraph 1 of Plaintiff's Complaint. 2. Defendant, PMA, admits the allegations contained in Paragraph 2 of Plaintiff's Complaint. 3. Defendant, PMA, admits the allegations contained in Paragraph 3 of Plaintiff's Complaint. 4. Defendant, PMA, admits in part and denies in part the allegations contained in Paragraph 4 of Plaintiff's Complaint. It is admitted that McCoy paid premiums for a policy of insurance and a policy of insurance was validly issued and in full force and affect for policy periods conunencing January 1, 1987 through January 1, 1993. It is denied, however, that a policy was in full force and affect issued by Defendant, PMA, during the period of time in which the underlying activities of Plaintiff occurred which gave rise to the claim against McCoy by Evangelical Lutheran Church of our Savior. It is believed and therefore averred that the work involved in this incident may have taken place and was completed prior to January 1, 1987. It is further denied that the document attached as Exhibit "A" to Plaintiff's Complaint is a true and correct copy of the policy of insurance which was in affect during the period January 1, 19B7 through January 1, 1993. 5. Defendant, PMA, denies the allegations contained in Paragraph 5 of Plaintiff's Complaint. The allegations contained in Paragraph 5 are an attempt by Plaintiff to interpret a written document. The policy of insurance speaks for itself. In further answer, it is alleged that the occurrence in this case did not occur during the period of time in which PMA issued an insurance policy to Plaintiff as the activities involved in the underlying event were performed and completed prior to January 1, 1987. It is believed and therefore averred that the activities involved were performed in 1985, prior to Defendant, PMA, providing insurance coverage to Plaintiff. 6. Defendant, PMA, upon information and belief, -2- admits the allegations contained in Paragraph 6 of Plaintiff's Complaint. In further answer, it is believed that the activities involved in the underlying claim were performed and completed in 1985. 7. Defendant, PMA, denies the allegations contained in Paragraph 7 of Plaintiff's Complaint. After reasonable investigation, said Defendant is without knowledge or information sufficient to form a belief as to the truth of said allegations and proof thereof is demanded at trial. B. Defendant, PMA, denies the allegations contained in Paragraph 8 of Plaintiff's Complaint. To the contrary, upon information and belief, it is stated that the Church became aware of problems with the flooring in the addition constructed by Plaintiff sometime in 1989 and initially contacted Plaintiff on January 16, 1991. 9. Defendant, PMA, denies the allegations contained in Paragraph 9 of Plaintiff's Complaint. After reasonable investigation, said Defendant is without knowledge or information sufficient to form a belief as to the truth of said allegations and proof thereof is demanded at trial. 10. Defendant, PMA, denies the allegations contained in Paragraph 10 of Plaintiff's Complaint. To the contrary, from January 16, 1991 through July 31, 1991, Plaintiff -3- retained the services of engineers and took various core samples to determine what was causing the damage to the flooring. On or about July 31, 1991, Plaintiff was aware that its work product, i. e. flooring plus foundation substances, including stone and aggregate, would have to be totally removed and replaced with appropriate materials. In substance, Plaintiff would have to remove its entire work product and replace it with new foundation materials and flooring. 11. Defendant, PMA, admits the allegations contained in Paragraph 11 of Plaintiff's Complaint. In further answer, this first notice of loss was given to Defendant, PMA, almost sixteen (16) months after Plaintiff was first notified that the floor of the building it constructed was in distress and approximately ten and one half (10~) months after Plaintiff received full knowledge of the fact that it had improperly designed and constructed the concrete floor and subfi1l and had utilized inappropriate materials in the construction project. 12. Defendant, PMA, admits in part and denies in part the allegations contained in Paragraph 12 of Plaintiff's Complaint. It is denied that the first action taken by Defendant, PMA, occurred seven (7) months after receiving the first notice of claim from Plaintiff. To the contrary, following receipt of the Notice of Claim, Defendant, PMA, issued a Reservation of -4- Rights Letter dated June 25, 1992. The Reservation of Rights Letter was to alert Plaintiff that there was a question concerning whether or not coverage existed for this claim but that Defendant, PMA, would investigate and review this matter while reserving its rights under the policy. It is admitted, that on December 9, 1992, Defendant, PMA, disclaimed coverage under all the facts and circumstances in this case. 13. Defendant, PMA, denies the allegations contained in Paragraph 13 of Plaintiff's Complaint. After reasonable investigation, said Defendant is without knowledge or information sufficient to form a belief as to the truth of said allegations and proof thereof is demanded at trial. 14. Defendant, P~~, denies the allegations contained in Paragraph 14 of Plaintiff's Complaint. It is specifically denied that Plaintiff continued to investigate the cause of the property damage to the Church building addition. To the contrary, as of July 31, 1991, approximately ten and one half months (10~) prior to giving PMA notice, Plaintiff had full knowledge that it had improperly designed and constructed the concrete floor and its subfi11 and utilized inappropriate materials in the fill and the floor thus resulting in damage to its work product. 15. Defendant, PMA, denies the allegations -5- ~ < ....- ! ."..-.. contained in Paragraph 15 of Plaintiff's Complaint. It is believed and therefore averred that the curing process for slag is incidental to the underlying lawsuit as it is believed and therefore averred that the designation by Plaintiff to use slag as an underfill under these circumstances is inappropriate and is the sole substantial factor in causing the damage to the work product of Plaintiff in this case. 16. Defendant, PMA, admits in part and denies in part the allegations contained in Paragraph 16 of Plaintiff's Complaint. It is admitted that the slag expanded vo1umetrically when exposed to water vapor and the expansion caused a deflection in the Church building foundation, floors and walls. It is denied, however, that this was the result of a failure to properly cure the slag. To the contrary, it is improper design and construction to use slag as an underlayment fill in the foundation or concrete floor which is the sole substantial factor in causing this problem. 17. Defendant, PMA, denies the allegations contained in Paragraph 17 of Plaintiff's Complaint. After reasonable investigation, said Defendant is without knowledge or information sufficient to form a belief as to the truth of said allegations and proof thereof is demanded at trial. lB. Defendant, PMA, admits in part and denies in -6- part the allegations contained in Paragraph 18 of Plaintiff's Complaint. It is admitted that Plaintiff has made a demand upon Defendant, PMA, to indemnify and defend Plaintiff and that Defendant, PMA, has refused such demand. However, it is denied that Defendant, PMA, owes a defense or indemnity to Plaintiff as Defendant, PMA, has properly denied coverage to the Plaintiff under the facts and circumstances of this case. COUNT I 19. Defendant, PMA, incorporates its answers as contained in Paragraphs 1 through 1B above as if fully rewritten herein in response to the averments of Paragraph 19 of Plaintiff's Complaint. 20. Defendant, PMA, denies the allegations contained in Paragraph 20 of Plaintiff's Complaint. Defendant, PMA, is advised and therefore avers that the allegations contained in said Paragraph are conclusions of law and require no further answer under the Pennsylvania Rules of Civil Procedure. To the extent that an answer may be necessary, said Defendant is advised and therefore avers that the averments contained in Paragraph 20 are an attempt by Plaintiff to interpret the terms of the insurance policy. Said insurance policy speaks for -7- itself. In further answer, it is specifically denied that Defendant, PMA, was obligated to pay all sums which McCoy became legally obligated to pay because of property damage caused by an occurrence. To the contrary, in the instant case, there are various exclusions, which are more specifically set forth in the New Matter below, which excludes coverage under the facts and circumstances of this case and, therefore, under the terms of the insurance policy, PMA is not obligated to pay any sums associated with the alleged property damage involved in this case. 21. Defendant, PMA, denies the allegations contained in Paragraph 21 of Plaintiff's Complaint. Said Defendant is advised and therefore avers that the allegations contained in said Paragraph are conclusions of law and require no further answer under the Pennsylvania Rules of Civil Procedure. To the extent that an answer may be necessary, it is further stated that said Defendant is advised and therefore avers that the averments of Paragraph 21 are an attempt by Plaintiff to interpret the insurance policy. The insurance policy speaks for itself. In further answer, it is specifically denied that Defendant, PMA, is obligated to defend McCoy against the claims of the church. To the contrary, since there has been an appropriate disclaimer of coverage based upon the terms of the policy, Defendant, PMA, under the facts and circumstances of this -8- case does not owe a defense to McCoy in the underlying action brought by the church against Plaintiff, McCoy. 22. Defendant, PMA, denies the allegations contained in Paragraph 22 of Plaintiff's Complaint. Said Defendant is advised and therefore avers that the allegations contained in Paragraph 22 are conclusions of law and require no further answer under the Pennsylvania Rules of Civil Procedure. To the extent that an answer may be necessary, it is specifically denied that Defendant, PMA, has breached the terms of the insurance policy. It is further denied that Defendant, PMA, is obligated to payor to defend Plaintiff under the facts and circumstances of this case and it is further averred that Defendant, PMA, has appropriately denied coverage and a defense in this case based upon all the facts and circumstances. 23. Defendant, PMA, denies the allegations contained in Paragraph 23 of Plaintiff's Complaint. Said Defendant is advised and therefore avers that all or a portion of the allegations contained in said Paragraph are conclusions of law and require no further answer under the Pennsylvania Rules of Civil Procedure. To the extent that an answer may be necessary, it is specifically denied that Defendant, PMA, breached any duty that it had to McCoy Brothers, Inc. under the insurance policy. With regard to the allegation that Plaintiff sustained damages, -9- Defendant, PMA, after reasonable investigation, is without knowledge or information sufficient to form a belief as to the truth of said allegations and proof thereof is demanded at trial. WHEREFORE, Defendant, PMA, demands that Plaintiff's Complaint be dismissed. COUNT II 24. Defendant, PMA, incorporates its answers as contained in Paragraphs 1 through 23 above as if fully rewritten herein in response to the averments contained in Paragraph 24 of Plaintiff's Complaint. 25. Defendant, PMA, denies the allegations contained in Paragraph 25 of Plaintiff's Complaint. To the contrary, Defendant, PMA, denied insurance coverage in a timely manner after alerting the Plaintiff, pursuant to a reservation or rights letter dated June 25, 1992 indicating to the Plaintiff that although PMA was investigating this matter it was doing so and not waiving any rights it had under the policy of insurance. 26. Defendant, PMA, denies the allegations contained in Paragraph 26 of Plaintiff's Complaint. To the contrary, Defendant, PMA, denied insurance coverage in a timely manner after alerting Plaintiff, pursuant to a reservation of -10- rights letter dated June 25, 1992 indicating to the Plaintiff that although PMA was investigating this matter it was doing so and not waiving any of its rights under the insurance policy. Defendant, PMA, acted promptly and appropriately after receiving late notice from Plaintiff of this claim. Plaintiff has not been prejudiced in any manner by Defendant, PMA 's, actions. To the contrary, no insurance coverage exists for this loss under the policy of insurance and therefore no prejudice could exist related to the timeliness of PMA's actions. 27. Defendant, PMA, denies the allegations contained in Paragraph 27 of Plaintiff's Complaint. Said Defendant is advised and therefore avers that the allegations contained in said Paragraph are conclusions of law and require no further answer under the Pennsylvania Rules of Civil Procedure. To the extent that an answer may be necessary, it is stated that Defendant, PMA, denied insurance coverage in an appropriate and timely manner and therefore such actions do not estop PMA from denying coverage. Further, Plaintiff does not come into this case with "clean hands". As more fully set forth in the New Matter, Plaintiff gave late notice of the claim to Defendant, PMA, and therefore breached its obligations under the insurance policy which breach of obligations has caused prejudice to Defendant, PMA, which action by Plaintiff is alone sufficient for -11- the denial of coverage. 28. Defendant, PMA, denies the allegations contained in Paragraph 28 of Plaintiff's Complaint. Said Defendant is advised and therefore avers that the allegations contained in said Paragraph are conclusions of law and require no further answer under the Pennsylvania Rules of Civil Procedure. To the extent that an answer may be necessary, De fendant, PMA, avers that it appropriately and timely denied insurance coverage in thin matter and therefore did not waive any of its rights under the insurance policy. It is further stated that the denial of coverage under all the facts and circumstances in this case is appropriate and was done in a timely manner. WHEREFORE, Defendant, PMA, demands that Plaintiff's Complaint be dismissed. COUNT I II 29. Defendant, PMA, incorporates its answers as contained in Paragraphs I through 28 above as if fully rewritten herein in response to the averments contained in Paragraph 29 of Plaintiff's Complaint. 30. Defendant, PMA, denies the allegations Complaint. Said contained in Paragraph 30 of Plaintiff's -12- Defendant is advised and therefore avers that the allegations contained in said Paragraph are conclusions of law and require no further answer under the Pennsylvania Rules of Civil Procedure. 31. Defendant, PMA, denies the allegations contained in Paragraph 31 of Plaintiff's Complaint. Said Defendant is advised and therefore avers that the averments contained in said Paragraph are an attempt by Plaintiff to interpret a written document which document speaks for itself. In further answer, the interpretations set forth in Paragraph 31 does not include the appropriate exclusions from coverage which are operable in this case and were appropriately relied upon by Defendant, PMA, in denying coverage. 32. Defendant, PMA, denies the allegations contained in Paragraph 32 of Plaintiff's Complaint. Said Defendant is advised and therefore avers that the averments contained in said Paragraph are an attempt by Plaintiff to interpret a written document. Said written document speaks for itself. In further answer, it is stated that Defendant, PMA, under the insurance policy, would pay for property damage which Plaintiff would become legally obligated to pay but not such damage which results from Plaintiff's own work or work product. 33. Defendant, PMA, denies the allegations contained in Paragraph 33 of Plaintiff's Complaint. To the -13- contrary, the property damage to the church building addition did resul t from McCoy I s work or work product a s those terms and exclusions arc defined in the insurance policy. 34. Defendant, PMA, denies the allegations contained in Paragraph 34 of Plaintiff's Complaint. Said Defendant is advised and therefore avers that the allegations contained in said Paragraph are conclusions of law and an attempt by the Plaintiff to interpret a written document, which document speaks for itself, and therefore no further answer is required under the Pennsylvania Rules of Civil Procedure. To the extent that an answer may be necessary, it is stated that the exclusions relied upon by Defendant, PMA, to deny coverage are appropriate and applicable in this case under all the facts and circumstances of this case and therefore, based upon said exclusions, Defendant, PMA, appropriately denied insurance coverage in this matter. 35. Defendant, PMA denies the allegations contained in Pdragraph 35 of Plaintiff's Complaint. Said Defendant is advised and therefore avers that the allegations contained in said Paragraph are conclusions of law and an attempt by Plaintiff to interpret a written document, which written document speaks for itself, and therefore no further answer is required under the Pennsylvania Rules of Civil Procedure. To the -14- extent that an answer may be necessary, it is admitted that the policy contained a "products completed operations hazard" endorsement. This endorsement, however, does not provide insurance coverage to Plaintiff under the facts and circumstances of this case nor does it negate the exclusions which are applicable to this matter and relied upon by Defendant, PMA, in appropriately denying insurance coverage in this case. 36. Defendant, PMA, denies the allegations contained in Paragraph 36 of Plaintiff's Complaint. After reasonable investigation, said Defendant is without knowledge or information sufficient to form a belief as to the truth of said allegations and proof thereof is demanded at trial. 37. Defendant, PMA, denies the allegations contained in Paragraph 37 of Plaintiff's Complaint. Said Defendant is advised and therefore avers that the allegations contained in said Paragraph are conclusions of law and an attempt by Plaintiff to interpret a written document, which document speaks for itself, and no further answer is required under the Pennsylvania Rules of Civil Procedure. To the extent that an answer may be necessary, it is specifically denied that the policy of insurance provides coverage under all the facts and circumstances in this case and that Plaintiff is entitled to indemnification defense by Defendant, PMA. To the contrary, the -15- policy of insurance does not provide coverage in this matter and Defendant, PMA, has properly disclaimed coverage and a defense to Plaintiff. WHEREFORE, Defendant, Plaintiff's Complaint be dismissed. PMA, demands that NEW MATTER 38. The underlying action brought by Evangelical Lutheran Church of Harrisburg against Plaintiff is the result of property damage allegedly sustained by said Church as a result of the damage to the addition to the Church constructed by Plaintiff pursuant to a contract dated July 5, 1985. Under said contract, Plaintiff was to provide "Alterations and Additions to Existing Facility including Site Work, General Construction, plumbing, lIeating, Ventilation and Air Conditioning, Electrical Work, Design and Supervision." 39. An employee of Plaintiff acted as the architect and designer of the project. Said employee/agent of Plaintiff recommended that slag be used for fill and that the foundation and concrete be constructed by placing stone on top of slag for use as a foundation for concrete flooring. 40. Commencing sometime in 1989, the tiles on the -16- concrete floor began to "creep". It was discovered that the center of the floor became elevated as a result of expanding slag which was used as the base for the floor. 41. On January 16, 1991, Plaintiff was contacted by representatives of the Church and informed of the problem. On that same date, a representative/agent of Plaintiff went to the site and made a visual inspection. 42. Plaintiff retained the services of F. T. Kit1inski & Associates, Inc. and core samples of the flooring and fill beneath the concrete floor were obtained for testing. 43. As of July 31, 1991, Plaintiff was aware that there was significant damage to the Plaintiff's work and that such work, Le. flooring plus foundation substances including stone and aggregate, would have to be removed and replaced with appropriate materials. 44. The first "NOTICE OF LOSS", was given to Defendant, PMA, pursuant to a letter dated May 14, 1992 from Plaintiff's attorney, sixteen (16) months after receiving notice from the Church and ten and one half (10il months after receiving information that Plaintiff had improperly designed and constructed the concrete floor and utilized inappropriate materials as fill beneath the concrete floor. 45. Defendant, PMA, issued a Reservation of -17- Rights letter to Plaintiff on June 25, 1992 indicating that Defendant, PMA, would conduct an investigation but that Plaintiff should be on notice that there were several exclusions in the policy of insurance which may be applicable to this situation and that the investigation which would be conducted by Defendant, PMA, would be done with full knowledge to Plaintiff that PMA was reserving all of its rights under the insurance policy. 46. An insured has certain obligations under an insurance policy reference to notice to the insurance carrier of any claim made against the insured. Plaintiff's obligations under this insurance policy are contained in Section IV, 2 which provides as follows: a. You must see notified promptly which may result should include: to of in a it that we are an "occurrence" claim. Notice (1) How, when and where the "occurrence" took placel and (2) The names and addresses of any injured persons and witnesses. b. If a claim is made or "suit" is brought against any insured, you must see to it that we receive prompt written notice of the claim or "suit". c. You and any other involved insured must: (1) Immediately send us copies of -18- any demands, notices, summonses or legal papers received in connection with the claim or "suit"; (2) Authorize us to obtain records and other information; (3) Cooperate with us in the investigation, settlement, or defense of the claim or "suit"; and (4) Assist us, upon our request, in the enforcement of any right against any person or organization which may be liable to the insured because of injury or damage to which this insurance may also apply. d. No insureds will, except at their own cost, voluntarily make a payment, assume any obligation, or incur any expense, other than for first aid, without our consent. 47. During the period of time from January 16, 1991, when Plaintiff first received notice of the claim, until May 14, 1992, when Plaintiff gave notice to PHA of the claim, sixteen (16) months after it first received notice of the claim, Plaintiff had numerous communications with the Church pertaining to this problem and provided the Church information concerning its findings of the experts which Plaintiff had retained. Under such circumstances, it is conceivable that statements of responsibility to the Church may have been made and other prejudicial events may have occurred thus resulting in -19- significant and substantial prejudice to Defendant, PHA, as a result of the late notice provided to it of this claim and other potentially prejudicial actions of Plaintiff. 48. Plaintiff violated its duty to promptly notify Defendant, PMA, of this claim and as a result of that late notice, Defendant, PMA, has been substantially prejudiced and a denial of coverage is appropriate. 49. By retaining an engineer and incurring expenses relative to the engineer's studies, Plaintiff is in violation of Section IV, 2d in that Plaintiff has assumed an obligation and incurred expense without first obtaining the consent of Defendant, PHA, and therefore the expense of the engineer, in accordance with the policy provision is at Plaintiff's own cost. 50. The exclusions contained wi thin the policy include the following: This insurance does not apply to: 1. "Property damage" to "your work" arising out of it or any part of it and included in the "products -- completed operation hazards." This exclusion does not apply if the damage work or the work out of which the damage arises was performed on your behalf by a subcontractor. -20- m. "Property damage" to "impaired property" or property that has not been physically injured, arising out of: (1) A defect, deficiency, inadequacy or a dangerous condition in . . . "your workl" or This exclusion does not apply to the loss of use of other property arising out of sudden and accidental physical injury to "your work" after it has been put to its intended use. n. Damages claimed for any loss, cost or expense incurred by you or others for the loss of use, withdrawal, recall, inspection, repair, replacement, adjustment, removal or disposal of: (2) "Your work" if such product, work, or property is withdrawn or recalled from the market or from use by any person or organization because of a known or suspected defect, deficiency, inadequacy or dangerous condition in it. 51. The term "your work" is defined in the policy at Section V, 15 which stated in pertinent part: "Your work" means: -21- a. Work or operations performed by you or on your behalf1 and b. Materials, parts or equipment furnished in connection with such work or operations. "Your work" includes warranties or representations made at any time with respect to the fitness, quality, durability or performance of any of the items included in a. or b. above. 52. Plaintiff's expert engineers have indicated that the "property damage" in this matter was a direct result of a part of the work performed by Plaintiff, specifically the use of slag material as a base for the flooring. 53. Under the terms and conditions of the policy, the damages caused by the loss of use, inspection, repair, replacement, adjustment, removal and disposal of Plaintiff's work, namely the flooring and all base materials which are currently existing at the Church, are excluded from coverage. The damages alleged by the Church are for the replacement of the flooring and its base materials. 54. Section V, 5 provides a definition of "impaired property" as follows: "Impaired property" means tangible property, other than "your product" or "your work," that cannot be used or less useful because: -22- a. it incorporates "your product" or "your work" that is known or thought to be defective, deficient, inadequate or dangerous; or b. you have failed to fulfill the terms of a contract or agreement; If such property can be restored to use by: a. The repair, replacement, adjustment or removal of "your product" or "your work;" or b. Your fulfilling the terms of the contract or agreement. 55. Pursuant to the above provisions, damages resulting from impaired property other than the work product of Plaintiff also is excluded from coverage because it is directly related or caused by a defect, deficiency, inadequacy or dangerous condition in Plaintiff's work. 56. The policy of insurance involved in this matter does not cover the damage done to the floor or walls in the addition to the Church nor does it cover any damages related to the loss of use of other property associated with Plaintiff's work product and such damages are caused by defects, deficiencies, inadequacies or dangerous conditions in the Plaintiff's work. 57. Based upon all of the policy terms and condi tions, including the exclusions set forth above, and the -23- facts and circumstances surrounding the claims made by the Church, Defendant, PMA, appropriately disclaimed coverage as the policy of insurance specifically excludes the types of damages claimed by the Church in the underlying action. 58. Plaintiff did not have insurance coverage with Defendant, PMA, during the period of time when the construction was performed in 1985. 59. Plaintiff's claim is barred by the applicable statute of limitations. WHEREFORE, Defendant, PMA, demands that Plaintiff's Complaint be dismissed. PETERS & WASILEFSKI CHARLES E. WASILEFSKI Attorney 10 #21027 2931 North Front Street, Harrisburg, PA 17110 [717] 238-7555 Attorney for Defendant Dated: ~/~ll'1 -24- r VERIFICATION I hereby affirm that the following facts are correct: Pennsylvania Manufacturers' Association Insurance Company is a Defendant in the foregoing action and I am authorized to execute this Verification on their behalf. The attached Answer with New Matter is based upon information which I have furnished to my counsel and information which has been gathered by my counsel in preparation of the defense of the lawsuit. The language of the Answer with New Matter is that of counsel and not of me. I have read the Answer with New Matter and to the extent that the Answer with New Matter is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the content of the Answer with New Matter is that of counsel, I have relied upon counsel in making this verification. I hereby acknowledge that the facts set forth in the aforesaid Answer with New Matter is made subject to the penalties of 18 Pa. C.S. S4904 relating to unsworn falsification to authorities. Dated:~ ~ <'I (JiJ (c '" ( ~rr~ r.. ......,~"4. . CERTIFICATE OF SERVICE This is to certify that I, Pamela J. Crum, a Legal Assistant in the law offices of Peters ,. Wasilefski, have this '--\'" day of August, 1994, served a true and correct copy of the foregoing ANSWER WITH NEW MATTER OF DEFENDANT, PENNSYLVANIA MANUFACTURERS' ASSOCIATION INSURANCE COMPANY, TO PLAINTIFF'S COMPLAINT upon the Plaintiff by depositing same in the United States mail, first class, postage prepaid, addressed to the counsel of record as follows: R. Stephen Shib1a, Esquire RHODES ,. SINON One South Market Square 12th Floor Post Office Box 1146 Harrisburg, PA 17108-1146 ~~~~~..'" ~ Pamela J. Crum a; ~t: - ~z.. 5 t- :;:'I. wJc.,""vr U%Uc..t .-4 ~o :">> .... h..X~:", : - Q~.t~ - -) ,,' _I Z. r ..U.U=z , I aJ~~16' -:r ~ . c.. ; . ; ~..- :1 :::> li -...- '" sq 0 (l)lL.t~~ WI' ~ r! .J Ul ~ il ~ ~ i ~ ~ II. ~ ;;. illlJ W ~ I n. ~ r -- R, Sl"l'hon Shlhla, Baqul.. Allorno)' I,D. No. 1mB 1_ R. Rubl, Baqul.. Allorno)' 1.0. No, 55791 RHOADS" SINON Dna South M.rk.. Square, 12th Floor P. O. Box 1146 Harriobul'Jl, PA 17101.1146 (717)23].5731 Attorney. (or Plaintiff MCCOY BROS., INC., IN TIlE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. NO. 94-2394 PENNSYLVANIA MANUFACTURERS' ASSOCIATION INSURANCE COMPANY, Defendant REPLY TQ ~MATTER NOW COMBS Plaintiff, McCoy Bros., Inc., by its attorneys, Rhoads & Sinon, and files the wilhin Reply to New Matter as follows: 38. Admitted in part. Denied in part. II is admitted Ihat Ihe action brought by Evangelical Lutheran Church againsl McCoy is the resull of property damage allegedly sustained by Ihe Church as a result of Ihe damage to the addition 10 Ihe Church conslructed by Plainliff. The remaining avennents of paragraph 38 are denied insofar as Ihey involve conclusions of law, to which no response is deemed necessary. To the exlent a response is necessary, the avennents are denied. c. . ..>;.Att7,.c4>""'<" '. . 39. Denied. It is specifically denied Ihat an employee or agent of Plaintiff recommended thai slag be used for fill. II is also specifically denied Ihal an employee or agent of Plaintiff recommended Ihat the foundalion and concrele be conslructed by placing slone on lop of slag for use as a foundation for concrele flooring, To the contrary, representalives of Hempt Brothers recommended that the slag be used. 40. Denied. After reasonable invesligation, Plainliff is wilhout knowledge or infonnation sufficienl to fonn a belief as to Ihe lruth of the avennenls contained in paragraph 40 and the same are therefore denied. Proof thereof, if relevant, is demanded at time of trial. By way of further denial, Plaintiff had no indication in 1989 Ihat the Church was experiencing problems with Ihe addition or that the expansion was a problem at Ihe Church. 41. Admitted. 42. Admitted. 43. Denied as staled. It is admitted Ihal on July 31, 1991, F.T. Kitlinsky and Associates, Inc. forwarded a report 10 Plaintiff regarding the problems experienced by the Church. Kitlinsky's report is a written document which speaks for itself. - 2 - ,.. '_'#If".";'" ... 44. Denied. It is specifically denied Ihal the first nolice of loss was provided to Defendant sixleen monlhs after receiving nolice from Ihe Church and len and one-half monlhs after receiving infonnation thai Plaintiff had improperly designed and construcled the concrele floor and utilized inappropriale materials as fill beneath Ihe concrete floor. To the conlrary, Plaintiff has never been advised that Plaintiff improperly designed and conslrucled the concrele floor and utilized inappropriale malerials as fill benealh Ihe concrele floor. 45. Denied. Defendant's letter daled June 25, 1992 is a written document which speaks for ilself. Defendanl's characterizalion thereof is specifically denied. 46. Denied. The avennents contained in paragraph 46 constitule conclusions of law to which no response is required and Ihe same are denied. 47. Denied. It is denied Ihat Plainliff had numerous communications with the Church pertaining to the expansion problem and provided the Church infonnation concerning ils findings of Ihe experts which Plainliff had retained. By way of further denial, il is specifically denied that stalements of responsibility or olher prejudicial stalemenls or evenls were made concerning the expansion which resulted in a significant and/or substantial prejudice 10 Defendant, PMA. By way of further denial, il is specifically denied that McCoy provided PMA - 3 - ,. '..;..'\f'.~.<,-q-' ,. with late notice of this claim. It is also specifically denied that Defendanl has suffered any potential prejudice as a resull of any action of Plaintiff. 48. Denied. The avennenls contained in paragraph 48 constitute conclusions of law to which no response is required and the same are denied. By way of further denial, it is specifically denied that Plaintiff violaled ils duty to notify promplly Defendant, PMA, of this claim. By way of further denial, it is specifically denied that Defendanl, PMA, has been substantially prejudiced as a result. By way of further denial, it is specifically denied that Defendant is entitled to deny coverage in this case. 49. Denied. The avennenls contained in paragraph 49 constitute conclusions of law to which no response is required and the same are denied. 50. Denied. The avennenls contained in paragraph 50 constitute conclusions of law 10 which no response is required and the same are denied. By way of further denial, the applicable insurance policy is a written document which speaks for ilself. 51. Denied. The avennenls contained in paragraph 51 constitute conclusions of law 10 which no response is required and the same are denied. By way of further denial, Ihe applicable insurance policy is a written document which speaks for itself. - 4 - 52. Denied. Plaintifrs expert engineers have authored specific reports which speak for themselves, Defendant's characterization thereof is specifically denied. By way of further denial, it is specifically denied Ihal the property damage in this mailer was a direcl result of the work perfonned by Plaintiff. 53. Denied. The avennenls contained in paragraph 53 constitute conclusions of law to which no response is required and the same are denied, By way of further denial, the applicable insurance policy is a wrillen document which speaks for ilself. Defendanl's characterization thereof is specifically denied. 54. Denied. The avennents contained in paragraph 54 conslitute conclusions of law to which no response is required and the same are denied. By way of further denial, Ihe applicable insurance policy is a written document which speaks for ilself. Defendant's characlerization thereof is specifically denied. 55. Denied. The avennenls contained in paragraph 55 constitute conclusions of law 10 which no response is required and Ihe same are denied. By way of further denial, the applicable insurance policy is a wrillen document which speaks for itself. Defendant's characterization thereof is specifically denied. - 5 - 56. Denied. The avennenls contained in paragraph 56 constitute conclusions of law to which no response is required and Ihe same are denied. By way of further denial, the applicable insurance policy is a written documenl which speaks for itself. Defendant's characterization Ihereof is specifically denied. 57. Denied. The avennenls contained in paragraph 57 constitule conclusions of law 10 which no response is required and the same are denied. By way of further denial, it is specifically denied thai PMA appropriately coverage in this matter. 58. Admitted. 59. Denied. The avennenls contained in paragraph 59 constitule conclusions of law 10 which no response is required and the same are denied. - 6 - WHEREFORE, Plair.tiff, McCoy Brolhers, Inc., requesls Ihat Ihe Court enter a RHOADS & SINON declaratory judgment in its favor, declaring that Defendant has a duty to indemnify and defend Plaintiff in the above-referenced matter, and awarding Plainliff attorney's fees, costs and providing such additional relief as is just under the circumstances. ( I . Stephen Shibla sse R. Ruhl oads & Sinon P.O. Box 1146 Harrisburg, PA 17108-1146 (717) 233-5731 By: Attorneys for Plaintiff 71115 - 7 - ~~cl~ 'Robert Ganoe I ". VERIFICA TIQN Robert Ganoe, deposes md says, subjccl to the penalties of 18 PI. C.S. 04904 rclatlng to unsworn falsification to authorities, that he IJ the Contro11cr of McCoy Bres,. Inc., and that the facts set forth In tho fore~olng "Reply to New Matter" uo true and correct to the best of bia kriowledao. Infonnatlon and bello!, -' , . .. . CERTIFICATE OF SERVICE I hereby certify that on November 2, 1994, a true and correct copy of Ihe foregoing "Reply to New Maller" was served by United Stales mail, firsl class postage prepaid, upon the following: Charles E. Wasilefski, Esquire Peters & Wasilefski 2931 North Front Street Harrisburg, PA 17110 'i:n~ '-P Iu~ . rylou P. Brosky .~ ."~U ,... , i . i Nav 3 3 33 rlll9~ IIi.; I;' OFfI~E 0; n"; :,:'TliO!I'jT,H.y I'trF~;' l~L\ C'~ IliTY J 'Ijih;~~tl'.:,~i':.: i , . . .. ! . . ir "'-',"', -......."-..,,......... ....-': ,..,-,~,.;,_.....~......_~..... ~..<..... -- . " ... - ,. - .-- MCCOY BROS., INC., Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY. PENNSYLVANIA v. NO. 94-2394 PENNSYLVANIA MANUFACTURERS' ASSOCIATION INSURANCE COMPANY. Defendant MOTION OF DEFENDANT. PENNSYLVANIA MANUFACTURERS' ASSOCIATION INSURANCE COMPANY FOR JUDGMENT OF NON PROS AND NOW COMES the Defendant, Pennsylvania Manufacturers' Association Insurance Company (hereinafter, "PMA") by and through its attorneys, Peters & Wasilefski. and files the within Motion for Judgment of Non Pros and states the following: I. Plaintiff McCoy Bros., Inc.. (hereinafter. "McCoy Bros."), commenced this action by the filing of a writ of summons on May 5. 1994. 2. On June 14. 1994, the Prothonotary issued a Rule upon Plaintiff to file its complaint against the Defendant, Pennsylvania Manufacturers' Association Insurance Company. (hereinafter. "PMA"). or suffer a judgment of non pros. 3. The Plaintiff, McCoy Bros.. filed a complaint on July 15, 1994. 4. McCoy Bros. alleges in its complaint that it made a demand upon PMA to indemnify, and defend, pursuant to a Commercial General Liability Policy, a claim asserted by Evangelical Lutheran Church of Our Savior. in a matter arising out of the construction of an addition to the church. McCoy Bros., alleges that PMA breach its obligations under the Commercial General Liability Policy. - 5. Defendant, PMA, filed an Answer with New Matter on August 4, 1994. Defendant denied that it breached any obligations to McCoy Bros.. and asserted that Plaintiff violated its duty to promptly notify the Defendant, PMA, of the claim. 6. The Plaintiff filed a Reply to New Matter on November 2, 1994. 7. A certified copy of the complete docket in this matter is attached hereto, and incorporated herein as Exhibit A. 8. There has been no docket activity since Plaintiff filed its Reply to New Matter on November 2, 1994. 9. Pursuant to Penn Pininl!. Inc. v. INA, 529 Pa. 350, 603 A.2d 1006 (1992), this Honorable Court should dismiss Plaintiffs case for failure to prosecute its action in more than two years. 10. Plaintiff can offer no compelling reason justifying its inactivity for more than two years. WHEREFORE, Defendant, Pennsylvania Manufacturers' Association Insurance Company, requests that this Honorable Court grant its Motion for Judgment of Non Pros, and dismiss Plaintiffs claim for failure to prosecute. PETERS & W ASILEFSKI By: j /C r? /J/ .4l-t.--).,~t-tt~-~ harles E. Wasilefski Attorney ID #21027 Pamela S. Parascandola Attorney ID #41278 2931 North Front Street Harrisburg, PA 17110 (717) 238-7555 Dated: .;;/,)'/ /fi 1 Attorney for Defendant -.. - ""\"!l',""', ..,1,1'""'. "", """dl' @ \ Exhibit A " Filed........ : Time......... : Execution Date Sat/Dis/Gntd. . Jury Trial.... Higher Court 1 Hiaher Court 2 ***..****.............*.....***....******.****........*~*****..****.*..****..*.. General Index Attorney Info MCCOY BROS INC PLAINTIFF SHIBLA R STEPHEN 217 PINE ROAD MT HOLLY SPRINGS PA 17065 PENNSYLVANIA MANUFACTURERS' ASSOCIATION INSURANCE COMPANY 500 NORTH 12TH STREET LEMOYNE PA 17043 Reference No..: Case Type.....: WRIT Judgment......: Judge Assigned: OF SUMMONS .00 5/05/1994 14:54 0/00/0000 0/00/0000 PYS510 1994-02394 MCCOY Cumberland County Prothonotary's OffTce Page . Civil Case Inquiry BROS INC (VS) PA MANUFACTURERS' ASSOC INS CO 1 DEFENDANT WASILEFSKI CHARLES E *......*****.**.*...***..*......***....*****...***.***********************.***** * Date Entries * ******.***.*****.....**...****...**.....******......********....*******.*.**.... 05/05/94 PRAECIPE FOR WRIT OF SUMMONS IN CIVIL ACTION WRIT OF SUMMONS ISSUED 05/05/94 05/16/94 SHERIFF'S RETURN FILED (SHFF SERVED DEFT 5/7/94) SHFF'S COSTS $24.96 PO ATTY 06/14/94 PRAECIPE FOR RULE TO FILE COMPLAINT BY CHARLES E WASILEFSKI ESQ - RULE ISSUED 07/15/94 COMPLAINT - CIVIL ACTION 08/04/94 ANSWER WITH NEW MATTER OF DEFENDANTJ PENNSYLVANIA MANUFACTURERS ASSOCIATION INSURANCE COMPANY, TO PLAINTIFFS COMPLAINT 11/03/94 REPLY TO NEW MATTER *********..**************************...****...***********************.*****..** * Escrow Information * * Fees & Debi ts Bea Sal Pvmts / Ad 1 End Sal * *******.****.****************************~******'******************************* 35.00 35.00 .00 .50 .50 .00 5.00 5.00 .00 5.00 5.00 .00 ------------------------ ------------ 45.50 45.50 .00 ******************************************************************************** * End of Case Information * ******************************************************************************** WRIT OF SUMMONS TAX ON WRIT SETTLEMENT JCP FEE /" - . -4 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing Motion of Defendant, Pennsylvania Manufacturers' Association Insurance Company, for Judgment of Non Pros has been duly served upon all counsel of record and parties of interest by depositing the same in the United States mail. first class, postage prepaid. in Harrisburg. Pennsylvania. on this ;l. day of ,~. 1997. addressed as , follows: R. Stephen Shibla. Esquire Rhoads & Sinon One South Market Square, 12th Floor P.O. Box 1146 Harrisburg. PA 17108-1146 PETERS & W ASILEFSKI r:;":o:.::/,-.Jl < $U</l:~/i.... Evonne K. Hoover ".- ~. ~ I , '" (), I.:' , C. I' C... ,. . '. U. I I;. U In -" r.:.J 1.-: L...~ ., ":.J ;,) . .J I ~-; :u u.. ~, 1- 0' ... u - J ~.1 0 ~.~~~ W'~-~ ~ I III i oil UI > '" <l: ~ N ~ liE i!!lj ~i~I~ Q. 0( .-.. ..- . . PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and subnitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please list the within matter for the next Argunent CQIrt. --------------------------------------------------------------------------------------- CAPTION OF CASE (entire caption must be stated in full) ( Plaintiff) (") .0 0 C -.I ,- " -". . '.-:: 1 r::l" .-- ;j~ >:.1 .'. : ;" -~ , ,=:> ::; !--: , . . , ." ..q . - . . j:IJ ~: \a ~n .-"t" - ~'jrn .. ::-l . . :..> ... :i5 -< -< McCoy Bros. Inc. VB. Pennsylvania Manufacturers' Association Insurance Company ( Defendant) No. 2394 Civil 19 94 1. State matter to be argued (i.e.. plaintiff's rrotion for new trial. defendant's demurrer to complaint. etc.): Motion of Defendant, Pennsylvania Manufacturers' Association Insurance Company for Judgment of Non Pros 2. Identify =unsel who will argue case: (a) for plaintiff: J\ddress: R. Stephen Shibla, Esquire Rhoads & Sinon One South Market Square, 12th Floor P.O. Box 1146 Harrisburg, PA 17108-1146 (b) for defendant: Address: 3. I will notify all parties been listed for argurent. Pamela S. parascandola, Esquire Peters & Wasilefski 2931 North Front Street, Harrisburg, PA in writing within two days that this case has 17110 4. Argunent Court Date: August 13, 1997 Dated: <-121M..-I~ 4fCr.Ml-J.C(l.~re... Attorney for Defendant, PMA -. MCCOY BROS.. INC.. IN TIlE COURT OF COMMON PLEAS CUMBERLAND COUNTY. PENNSYLVANIA Plaintiff V. NO. 94-2394 PENNSYLVANIA MANUFACTURERS' ASSOCIATION INSURANCE COMPANY. Defendant STIl'ULA nON OF NON.OPPOSITION TO MOTION FOR JUDGMENT OF NON PROS The undersigned counsel of record in the within captioned matter stipulate that counsel for the Plaintiff. McCoy Bros.. Inc. will not oppose the Motion of Defendant. P-:nnsylvlInia Manufacturers' Association Insurance Company for Judgment of Non Pros. Jes R. Ruhl. Esquire C nsel for McCoy Bros. Inc. R ads & Sinon. LLP Dauphin Bank Building. 12'" Floor One South MlIrket Square P.O. Box 1146 I1arris~':Jrg.:-'/\ 17108-1146 I ' ) ..... . ?,'/1. / /. . ~/I/.,,,,,,-t.-. . f"?"t----c.-"..wtt.-rU-..-: Pamela S. Parascllndola. Esquire Counsel for PMA Peters & Wasile[~ki 2931 North Front Street Harrisburg. PA 17110 DlIte: j-U7I<-o .e.;J; /997 ",^': CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing Stipulation of Non-Opposition to Motion for Judgment of Non Pros has been duly served upon all counsel of record and parties of interest by depositing the same in the United States mail, first class, postage prepaid, in Harrisburg, Pennsylvania. on this -L day of >>-.1997, addressed as follows: Jesse R. Ruhl. Esquire Rhoads & Sinon. LLP Dauphin Bank Building. 12111 Floor One South Market Square P.O. Box 1146 Harrisburg, PA 17108-1146 PETERS & W ASILEFSKI r LA.r!6&vl-.Q. t: 1IctcMM- Evonne K. Hoover , ~ en .... r.. ~ '/ .. :"j ulr~ - . , c..)~ rJ: ~ : lL ~~ <1.. j. , 0: ., G~: . ,.-, ! I _,411, . .... u:: " ::.-1 .- -'J ". r- .J 0 c.J~ U !Z! 0 ~~IEI ~ II H ~iall <. ~'.. ~ .' .. MCCOY BROS.. INC., Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY. PENNSYLVANIA v. NO. 94-2394 PENNSYLVANIA MANUFACTURERS' ASSOCIATION INSURANCE COMPANY. Defendant ORDER AND NOW. this .LAO day of \VwL . 1997. the Motion of Defendant Pennsylvania Manufacturer's Association Insurance Company for Judgment of Non-Pros is hereby GRANTED. .' . J / 0di;v// By: J. . c~ - . 1:1' ~.;'"' r.:r:,....... , .(.. ,.. - . . " '.',1 . : . ~ 1 I C,~I r, ,r" -. I :.' ':1,"..0; - .... I.. .... n, . ........'1'., f'::,.. , '. ,-,' l'r' .. ~.~ ~'1 d rI 1t .... "j- ......... ~ <1 ~ ..... l"'l 0- . 1 ~ tr. ""'I:f ~-4l ~ I ~ . . j~ <3- 4 ~ ~ ~ . CD j 0 ~~IE~ IJi P WI! ~ ~ N I.. Il. <( I ~, .