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Home My WebLink About96-00327 ~ I I 1 J ~ ~ J ~ ~ "i ~ -...) ~ .--31 1'.1 i < ~ .": ":;4: .... .. .Jltnnu, .Jltnntl. & Xj.r ~. f1!, k, . Joe .NORTH FRONT eTREeT ... 0. .OX e.. .HAI!R'''URo, ""17108' .... \. ,...~. THE OHIO CASUALTY INSURANCE COMPANY, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. , , , , , , INC." NO. q{, - 317 f?~. T VIA}~ CIVIL ACTION - EQUITY Plaintiff LARRY LEE1 LEE ASSOCIATES, and LARRY LEE d/b/a LEE ASSOCIATES, INC., Defendant JURY TRIAL DEMANDED PRAECIPE TO THE PROTHONOTARY: Please issue Writs of Summons against the following parties: a. Larry Lee 1213 Hillside Drive Carlisle, Pennsylvania 17013 b. Lee Associates, Inc. 1 West High Street Carlisle, Pennsylvania 17013 c. Larry Lee d/b/a Lee Associates, Inc. 1 West High Street Carlisle, Pennsylvania 17013 THOMAS, THOMAS & HAFER By:'-I/6?~.:t~ ~ Dou~s B. Marcello Attorney I.D. No. 36510 305 North Front Street P.O. Box 999 Harrisburg, Pennsylvania 17108 (717) 255-7238 Attorney for Plaintiff ,. . 1 t 'j..... 0 \ ~ <;;:) ~~ ~ .... .... "!) ::J' c' r.n . ~ N") ..' 0 , - :::r J~'. c-: l.uQ .. ~ ..:: :."::-: Ri--:; ~ ~ ~ fE;:'~ "- ~' L':': .) : ~ I ~,: '-, - ~ ~ ~ ~ ~ . I",. "-l .c.. \;) .' ,_. N .. ~i) -..::. _I ~. l.C \'; - , ...; ~ V r-= _. "' " ~ ~ _. ~ ,!::: I'. S:t 0 ,,., ::. .~ ~ I:" .> (.) ~ -,";'F _. . ~~ ., 1 ,j I :I ! Commonwealth of Pennsylvania County of Cumberland " j I j I J 1 I I j i I I 1 I I I I The Ohio Casualty Insurance Calpany VB. Court DC Conunoll Plea.s Lany Lee 1213 Hillside Drive Carlisle. PA l7013 Lee Associates. Inc., and Lany Lee d/b/a Lee Associates, Inc. One West High Street Carlisle. PA 17013 No, m 9.fi::JZl.EQuity_7ll.tm._ _ _m _m _ 19m_ ]n ___ _CJ..til.l\I:tJaJ._=_F.lNi~____________m To __~J~J__~_M!?2!:.~!=!!!!t_J:.ng:_m_ You are hereby notified that ._~-~-~ty-~--~----------------------------------------------------- the PlaintiCC haS commenced an action in _______Cjy.ll_~__:_Fquity___n___________________ against you which you are required 10 deCend or a deCault judgment may be entered against you. (SEAL) Date ____J~_~?, mm____m 19__~fl Lawrence E. Welker .------------------p~th~~~t;;y------------------ By --~!~;p~--2J~--- . 8 '"" . . . . j 8 8 . I J -:J I ... ~ . m ~ I ~ .:d .S If J~ . ~ ~ .' ~ J II i d F ~ ~! I ~~ ~ l'" .~l ~~~~~ < N ,. ~l Pi i~~j~ .... ~y .b ~ 0 0'1 ~l l~ i' 'j- ~ tjl CillO ~ ~ I -0. t- o to-IMCr.I _ ,-. r__ NOW, ~l.Au..U~A{1 ~SO COUNTY. PENNSYLVAllIA IN THE COURT O~ COMMON PLEAS OF ~"MRI'IH hNn CIVIL DIVISION THE OHIO CASUALTY INSURANCE COMPANY V. LARRY LEE, LEE ASSOCIATES, INC.. and LARRY LEE d/b/a LEE ASSOCIATES, . . INC" Fi Ie No. 96 - 321 Equity Term PRAECIPE AND RULE TO FILE : x A COMPLAINT A BILL OF PARTICULARS TO THE PROTHONOTARY/CLERK OF SAID COURT: DATE: January 30, 1996 to file a complaint days after service of the rule or s~all enter a judgment non pros. Signature: \..' \ I~Q~' Print Name: William P. Dou Ias Attorney for: Larry Lee Defendant Address: 21 West HiRh Street Csrlis1e, Pa. 11013 Telephone: 111-243-1190 Supreme Court 10 No.: 31926 the Issue rule on pl.inHH in the above case wlthin twenty Prothonotary/Clerk, upon praecipe, I 19~, RULE ISSUED AS ABOVE. by: &.~(J<l;tiL II. jlkKIAA- Deputy (NOTE: File in duplicate) T-IF-l ~- C. ....1 ,::: 1I ,- d;., r'-c. l"'" . ",.'. ~r. lil" " " /, e; ..;;0 ~. .;:";-:-; ;..).:.:: ")' , .~,:r...} ~',J2; :..J,~j . " - o - ;- "1.;;- ':::l c') ~ :. " '.") c..;. :.-; u THE OHIO CASUALTY INSURANCE: IN THE COURT OF COMMON PLEAS COMPANY : OFCUMBERLANDCOUNTY,PA. v. : CIVIL ACTION - EQUITY LARRY LEE; LEE ASSOCIATES, INC., : NO. 96 - 327 EQUITY TERM and LARRY LEE d/b/a LEE ASSOCIATES, INC., MARCELLA RACK, JAMES LOZANO,: RUDY R. BUCHAN, BILL THOMPSONS TRANSPORT, HOWARDO. DEAN, ABF FREIGHT SYSTEMS, STATE FARM INSURANCE COMPANY, CONNECTICUT INDEMNITY COMPANY, ALLSTATE: INSURANCE COMPANY : JURY TRIAL DEMANDED CERTIFICATE OF SERVICE It is hereby certified that a copy of the rule on plaintiff to file a complaint was sent to the following, by regular mall, postage prepaid, on January 30, 1996: Douglas B. Marcello, Esquire Thomas, Thomas & Hafer 305 North Front Street P.O, Box 999 Hanisburg,Pa.17108 Attorney for Ohio Casualty DOUGLAS, DOUGLAS & DOUGLAS By ~~. Wllliam P. Douglas, Esquire Atty. J.D. # 37926 27 West High Street P.O. Box 261 Carlisle, Pa. 17013 717-243-1790 Attorney for Larry Lee Defendants ~ :1 il I 'I '1 'j ,I : i 1 \ . >. '1" ..,.. ," I,.U~~; 0." r,:~ : I'~r y,. r..);.~:. J f ~,. -' 4:1 , . , . L' t..'; -':' - f~:: '. r:m-:-6 .~ .. ..,. ::jl:~; ~-.' :~'j .' -'.. . - ~, ...... ;::-- ,:;:, \>:; ~-,.;,:-:-f il.~ I': _.J '_J :. . . ..,.. ..... Cd . . COUNTY. PENNSYLVANIA IN THE COURT OF Cor~MON PLEAS OF ~IIMnFRl him CIVIL DIVISIO~. THE 01110 CASUALTY INSURANCE COMPANY V. LARRY.LEE, LEE ASSOCIATES. INC., and LARRY LEE d/b/a LEE ASSOCIATES, . . INC.: File No. 96 - 327 ~:quity Term PRAECIPE AND RULE TO FILE " A COMPLA lilt A BILL OF PARTICULARS TO TIlE PROTlIONOTARY /CLERK OF SAID COURT: Issue ru Ie on pI, l~r I ff to file a complaint in the above case within twenty days after service of the rule or the Prothonotary/Clerk, upon praecipe, shall enter a judgment non pros. " \' \ . Signature: \....<\\ " . \.. ,0""""".:) \ Print Name: IHlliam P. DouKIas .\ , . Attorney for: Larrv Lee Dofendan~~ Address: 27 I,est Hi!\h Street DATE: January 30, 1996 NOH, C)n.1lLlLlA..Aj .~() (NOTE: File in duplicate) Carlisle, I'a. 17013 Te lepholle: 717-243-1790 Supreme Court 10 No.: 37926 , 19.%..., RULE I SSUED AS ABOVE. Ifl/vl/.'".0:- e. '-'JIt/€-I!~ rnthonotary/Clerk, Civil Div. by: Ctjt/.-f!..l,/t-- Ii.. )lvfe~{.. Deputy T-IF-l -l ,::~ :',-= C-"".i~"r' 1,::,'J,f';I~.} ..t~~("( ll";"l'~ . ..". .. "~". I . '4, ,-f t 1 .. .~.- . ~ . ., .t..... , ., ," ,0' 1-, " ." ';'.' I r' .... . y." ",... ri 0.\ I,J. ":'.l,~ '.":"~"\'~; f 'fl ~ ~: '," :"~l' ,! l...ldu ~;.".i ~.:~, ~A:J: t I '.,.":'. (,..p: :~ rcr,:::~'., Pc, '.a:L3()'I'~ ("f ..A.. It I- 1" (, ~ ~; r. l~{ ".:l~ Ie ~~~~~~~:r-JdJ -"" ...' ~~ l~ ('.. - r.:. i.:: .:. .-").-:: r-l:.. ( . - Cr'" u,l. . .." .. l.'.I. .- ". ~..:.~. u.. C;'~~.l. .-..: '. U (:;J f.~ '0-) !,,': I J. ,.- , l\~d --p: .... "'.'- " . ~ ~ . ~~.:: :-.1 'I, ." U ".J ~. . . . '-. , CASE NO: ~1' 1996-00327 I' SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND OHIO CASUALTY INSURANCE CO THE VS. LEE LARRY ET AL ROBERT L. FINK. SR. CUMBERLAND County. Ponnsylvania. _' Sheriff or Deputy Sheriff of who being duly sworn according to law, says, thE' within WRIT OF SUMMONS was served upon LEE LARRY the defendant, at 1230:00 HOURS, on the ~6th day of January 1995 at 219 NORTH PITT STREET CARLISLE, PA 17013 ,CUMBERLAND County, Pennsylvania, by handing to BPS MEIER, ADULT IN CHARGE OF DEFENDANTS PLACE OF BUSINESS a true and attested copy of the WRIT OF SUMMONS and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So answers: " r"JP"'" . .y'" ...4' ~~--..~ /~ t-,flomas RTI.nlZ~Stlerl.if 18.00 2.80 .00 2.00 ~77."8'0IHOMAS THOMAS AND HAFER l,lIt) 01/30/1995 ~',~tJ; by ~~1 ~ . -~~"-;'.~-' L'epu,,"y ;:.'rH? Sworn and subscribed to before me this 'I r!' day of 1-<-~~7"-'-- 19 '/1., A.D. O~. n'-)r~e......t--I!...Jf.J{.!._--- -, u j5'}o l. 10no or y .. SIIERIFF'S RETURN - REGULAR CASE NO: 1995-00327 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND OHIO CASUALTY I~SURANCE CO I.~~ VS. LEE LARRY ET AL ROBERT L. FINK, SR. , Sheriff or Deputy Sheriff of CUMBERLAND County, Pennsylvania, who being duly sworn according to law, says. the within WRIT Ot:.2_UMMONS upon LEE ASSOCIATES INC defendant, at ~_~~:00 HOURS. on the 25th day of J~~r~ 1995 at 219 NORTH PITT STREET CARLISLE, PA 17013 ,CUMBERLAND County. Pennsylvan1a, by handing to ROB MEIER. VICE PRESIDENT OF was served the DEFENDANT a true and attested copy of the _}o!JlJT OF SUMMONS and at the same time directing His attent10n to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So answers: ;,' 0~ -y( ...' .,...~....=~.!> r .......~~~- ............... ~Thomas Kl1ne, er1ff 5.00 .00 .00 2.00 $8.00 AND HAFER Sworn and subscribed to beforE' me thia 7E:- day of kb.-...."J--.-.--.- 19-1y_ A. D. ---.--.~k1'I.9rn_l_k_~~yrAj'~:!f--..--- .. SHERIFF'S RETURN - flEGULAI< CASE NO: 1996-00327 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAHD OHIO CASUALTY INSURANCE CO THE VS. LEE LARRY ET AL ROBERT L. FINK, SR. CUMBERLAND County, Pennsylvania, , Sheriff or D~puty Sheriff of vho being duly svorn according to la.., says, the vithin WRIT OF SUMMONS upon _~E_~~RRY D/B/A LEE ASSOC INC defendant, at 1230:00 HOURS, on the 26th day of Janu~ 1926 at ,_.~J~NORTH PITT STREET CARLISLE. PA 17013 vas servc:.d the , ~UMBERLAND MEIER, VICE PRESIDENT OF County, Pennsylvania. by hand~ng to !!I!.!L, LEE ASSOCIATES. INC. a true and attested copy of the .:~.RJJ_.Qf SUMMONS and at the same time d1rect1ng Hlq attentIon to the contents thereof. Sheriff's Costs: Docketing Servict.' Affidavit Surchar'le So ans"~r;-) ..' .~~ ~C??: ~-.-~',. ",~ 7'- /;......_~... .. ./ ~. Thomas Kl~ne, Sher~ff 6.00 .00 .00 2.00 S'Er.0'0-T1IOMAS THOMAS AND HAFER 01130/~:96,0?~. ~4;,L ~ ~4?~ vepllty Sher1 Svorn and subscribed to before me t.his ? ~ d"y of j..l.t<~'f 19_~_ A. D. ___ (~4'/t"..J). }J'],..tU.. ~fp&:'1'--__ ~ P~no(ary' THE OHIO CASUALTY INSURANCE IN THE COURT OF COMMON PLEAS COMPANY, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V5. NO. 96.327 EQUITY TERM CIVIL ACTION - EQUITY LARRY LEE; LEE ASSOCIATES, INC" and LARRY LEE dlb/a LEE ASSOCIATES. INC., Defendant JURY TRIAL DEMANDED NOTICE TO DEFEND YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the fOllowing pages, you must take action within twenty (20) days after this complaint and Notice are served. by entering a wriuen appearance personally or by an auorney, and filing in writing with this Court your defenses or objections 10 Ihe claims set forth against you. You are warned that if you fail to do so. Ihe case may proceed wilhout you and a jUdgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plainliff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Court Administrator 4th Floor Cumberland County Courthouse Carlisle, PA 17013 (717) 240-6200 ~, ~ -:,;:~'" _...~ ." .. .. NOTICIA Le han demando a usted en la corte. Si usted quiere defendrse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plaza al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrito e en persona 0 por obogado y archivar en la corte en fonna escrita sus defensas 0 sus objectiones alas demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso 0 notificacion y por cualquier queja 0 alivio que es pedido en la peticion de demanda. USTED PUEDE PERDER DINERO 0 SUS PROPIEDADES 0 OSTROS DERECHOS IMPORTANTES PARA USTED. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATEMENTE. SI NO TIENE ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VA Y A EN PERSONA OR LLAME POR TELEFONO A LA OFICINA CUY A DIRECCION SE ENCUENTRA ESCRIT A ABAJO PARA A VERIGUAR DONDE SE PUEDE CONSEGUlR ASISTENCIA LEGAL. Court Administrator 4th Floor Cumberland County Courthouse Carlisle, PA 17013 (717) 240-6200 THOMAS, THOMAS & HAFER By: ~~~ Esquire I.D. No. 36510 Brooks R. Foland. Esquire I.D. No. 70102 305 North Front Street Sixth Floor POB 999 Harrisburg, PA 17108-0999 (717) 255-7238 Attorneys for Plaintiff .. " THE OHIO CASUAl.TY INSURANCE IN THE COURT OF COMMON PLEAS COMPANY, CUMBERLAND COUNTY , PENNSYLVANIA Plaintiff vs. NO. 96-327 EQUITY TERM CIVIL ACTION - EQUITY LARRY LEE; LEE ASSOCIATES, INC., and LARRY LEE d/b/a LEE ASSOCIATES, INC., Defendant JURY TRIAL DEMANDED COMPLAINT AND NOW comes Plaintiff, The Ohio Casualty Insurance Company, by and lhrough its attorneys, Thomas, Thomas & Hafer, and tiles the following Complaint: I. Plaintiff, The Ohio Casualty Insurance Company, is a business entity licensed to do business in lhe Commonweallh of Pennsylvania. and wilh its principal place of business at 136 Nonh Third Street, Hamilton, Ohio. 2. Defendant, Larry Lee, is an adult individual who resides at 1213 Hillside Drive, Carlisle, Pennsylvania 17013. 3. Defendant, Lee Associates, Inc., is a corporation with its principal place of business at 1 West High Streel, Carlisle, Pennsylvania 17013. 4. Defendant, Larry Lee, dlbla, Lee Associates, Inc., is a corporation wilh its principal place of business at 1 West High Street, Carlisle, Pennsylvania 17013. .. . ~. 5. Defendant, Larry Lee dlb/a Lee Associates, Inc., (hereinafter, "Defendanl Larry Lee Associates") purchased a commercial umbrella excess liability policy from Plaintiff to insure their busines~tom liability pursuant to the tenus, conditions and exclusions of said policy. 6. The policy Issued by Plaintiff to Defendant Larry Lee Associates was numbered axo 50596212, A copy of the umbrella excess liability policy is attached hereto and made a part hereof as Exhibit "A." 7. On or about January 20, 1994. a vehicle owned by Defendant Larry Lee Associates and driven by Defendant James Lozano. was allegedly involved in a motor vehicle accident with Defendant. Marcella Rack. 8. Pursuant to the express tenus, conditions and exclusions of the umbrella excess liability policy, and this Commonwealth's common law, the umbrella policy should be rescinded and deemed void ab initio based upon Defendant Larry Lee Associates' concealment andlor misrepresentations to Plaintiff. which will be described in some detail below. 9. Pursuant to Ihe express tenus, conditions and exclusions of the umbrella excess liability policy, and this Commonwealth's common law, Defendant Larry Lee Associates is not entitled to coverage andlor a defense to the extent that there is not "underlying insurance" with regard to the policy at issue. 10. The umbrella excess liability policy issued by Plaintiff to Defendant Larry Lee Associates provides as follows: 2 . . G ~ .' 13. Representations By accepting this policy. you agree that: a. The infonnalion shown in the declaration is accurate and complete; b, The infonnation is based upon representations you made to us in your application(s) for this policy; c. We have issued this policy in reliance upon your representations; and d. That this policy is void in any case of fraud by you relaling to it. It is also void if you inlentionally conceal or misrepresent any material facts concerning this policy in your applicalion for this policy or otherwise. See Exhibit "A," Endorsement CO 80 28 10 88. 11. The umbrella excess liability policy issued by Plaintiff to Defendant Larry Lee Associates also provides as follows: A. Cancellation ... ... ... ... This policy may . . . be canceled from inception 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 assumed by us. See Exhibit "A," Endorsement CO 81 750189. 12. The umbrella excess liability policy issued by Plaintiff to Defendant Larry Lee Associates is void ab inilio based upon Defendant Larry Lee Associates' fraudulent statements 3 . ' , . '. . . and/or omissions, intentional concealment or misrepresenration of material facts in the application for the policy including, but not limited to, fraudulent statements andlor omissions, intentional concealment or misrepresentations concerning the ownership of automobiles by Defendant Larry Lee Associates. 13. The clear and unambiguous tenus and conditions of the umbrella excess liability policy issued to Defendant Larry Lee Associates by Plaintiff provides that the policy is void ab initio in any case of fraud by Defendant Larry Lee Associates or by Defendant Larry Lee Associates' intentional concealing or misrepresenting material facts concerning the policy. either in the application for the policy itself or otherwise. 14. Defendant Larry Lee Associales intenlionally concealed, misrepresented and/or fraudulently misrepresented material facts, including, bul not limited to. the ownership of vehicles. IS. Specifically. Defendant Larry Lee Associates represented to Plaintiff that Defendant Larry Lee Associates was not the owner of any vehicles to be insured under the policy andlor omiued or concealed said facts. 16. This representation andlor omission or concealment to Plainliff concerning the lack of ownership of vehicles was false. 17. Defendant Larry Lee Associates knew that the represenrations were false andlor made them in bad faith. 4 ~ . . 18. The facts intentionally concealed. misrepresented or fraudulently misrepresented were material to the risk being insured. 19. Had Plaintiff known about the infonnation that Defendant Larry Lee Associates concealed, misrepresented or fraudulently misrepresented. Plaintiff would have demanded a higher premium from Plainliff or said knowledge would have effecled Plaintiffs ability to evaluate the degree of the risk, or would have resulted in Plaintiff not having insured the risk in the first instance. 20. Based upon the concealment. misrepresentation and/or fraudulent misrepresentation by Defendant Larry Lee Associates, the umbrella policy issued by Plaintiff to Defendant Larry Lee Associates is void ab initio pursuant to the tenns and conditions of the policy and pursuant to the common law. 21. The recision is effective as to Defendant Larry Lee Associates, its employees, and any and all third persons that may make a claim against or has made a claim against the umbrella excess liability policy at issue. 22. Notwithstanding the above, Defendant Larry Lee Associates is not entitled to coverage andlor a defense under the excess policy because there exists no "underlying insurance," as that tenn is defined by the policy. 23. Plaintiff requests this Honorable Court to rescind the policy from the date of inception. 5 , . . . '~""""'~~l$~ . WHEREFORE, Plaintiff, The Ohio Casualty Insurance Company, respectfully requests this Honorable Court to enter an order rescinding lhe policy effective its date of inception. Plaintiff also requests, in the alternative, that this Court enter an order holding lhat Plaintiff is not liable to indemnify and/or defend Defendant Larry Lee Associates in the underlying mailer. Respectfully submilled, THOMAS, THOMAS & HAFER Date:~'J.'I"(, By: ~ _ oP:, glas . Marcello, Esquire .D. No. 36510 Brooks R. Foland. Esquire J.D. No. 70102 305 North Front Street Sixlh Floor POB 999 Harrisburg. PA 17108-0999 (717) 255-7238 Allomeys for Plaintiff 6 . 02/23/96 ~5129 OHIO CASUAL-v CLA:MS ~ ~:~ 2J~ ~~05 717 237 71~ FEB-2:S-1996 09'50 FROM ~S,THQMASL~ER TO ......., NO.789 POO2/003 I 1I&57376B P. 1 ? , '-" ....~ VII"II'B'ICATlON [. WUllam IohaDSm, have m~ tile forqolDg COlDpl8iDt and Iwcby atftrDl It lIuw aDd ~t to the best or my perlOlIIllatowledgo, iDfODD&llon IDd Ilo1I,r. Tbls veri OD aDd staremOllt Is made subject to the pcnaIties of 18 Pa.C.S. 14904 relatlDa 10 WlSwom " to lulhorlties; I Verii}' lbat allth, 51atemenU made In the f~olng are we and co falM ltatcmems may IUbjtct mo to the pcnaIlies of 18 Pa.C.S, 1 4904. Ii :r~ ~o Casualty Insurance Company . " . @ The 0 h i <.., Cas u a I ty G ro u p of Insurance Companies BRANCH OFFICE; ON' Pith Wood. Offi.. Plrk. 2000 Wng'tltown Raid, Suitl300. Hlrrilburg. PA 17110. TlllplIono: 717/657-11&1" ro\X: 717/657.1947. Milling Add....: p,O, Bo. 6991, HI"'.burg. PA '7112 May 22, 1995 JOSEPH p, JOYCE. CPCU. 8f1nch MIMg" flj~L Joseph P. Joyce, CPCU,being first duly sworn, says that he is Branch Manager of Ohio Casualty Insurance Company of the City of Harrisburg, State of Pennsylvania, and that he ~as full authority to act on beha~f of ohio Casualty .' Insurance Company. Joseph P. Joyce,'CPCU says that he has caused to be prepared an e~act duplicate of policy number BXO (94) 50596212 issued by said Company in favor of Larry Lee D/B/A Lee Associates. Inc. for the period 02-14-93 to 02-14-94 and that said copy of said number BXO (94) 50596212 is hereto attached. CPCU STATE OF PENNSYLVANIA COUNTY OF DAUPHIN On this 22nd day of May A.D., 1995, personally appeared before me the above Joseph P. Joyce, CPCU, personally - known to me to be the same person described in and who executed the foregoing instrument, who after being first duly sworn, acknowledged to me that he executed the same. " NOTARIAL SEAL JOSEPH J. MlHAlICH II, Ne:ar! P~blie SusaueMnna Two. Dauer.ln Caurly l.Iy COlT'mis.:e~ EllO:re; A~g 16,1997 ~"r d "nyLt..J ff .... The Ohio c.iualty l"iUra",!! ComPi"Y. We1r American In,urance Com~nv . American Fire & C'lu.drv ComPi"Y The Ohio life Insurance Company. Ohio Security Insurance Comp.any. Ocuea BudBel. Inc. I t ! . ( ~ , f6)f2 ~ nr.t, . i -.-;~:;;::;-~......, 'lQ)~lii\~ &xo ~) 50 59 62 12 The Ohio Casualty Insurance Company DlHorIl1!llolI...._,ClhIo_ HA_~ COMM" !WI ~ICIIVID 1H1'Ic:nON ~lQ. ~ -, COMMERCIAL UMBREL1. POUCY DECLARATION NAMEDINIU A1UNG ADDRESS AGENTS NAME . MAIUNG ADDRESS 'S1 04 5557 IIlller Ins. Assoc.. IDe. S BI'oo/cM)od Aft. Carllsle. PA 17013 (717) 243 .400 PREVIDUSPOUCYN So5Qt.21 INlURED IS on INlURED'S BUSINESS rs es POUCY PIIIIOD: ThIIllOllcv loin Ion:II hllm - 'I ID - It l2:Ol A.M. -.dlnllinIlt_ ......1IMMn IIxM. In - fat1lll1llYllllllt of 1IlI1llWIlium. and IUIljocfID 1I11l1l1nl'a 01 111II llOllcv. ... willi 'IDU III llftMdI1IlI inuInCI UIlll8d In 111II poticy. Larry lie D/B/A lie Assoclata. lac. P.O. Box 808 Carlisle. PA 17013 . Umlts of Insurance Po1'cvJt.Qgregltll Umft... ... .... ......................... ........ ....... ......... .... ......... f..OOO.OtXJ s.1t Insured RetlIndon leach Occurrence or Off.n.. not . . covwntd by Underfyinlllna,urance)........ ...................0.............1......... ........ ... ...... . 10.000 Und n InlU18nce. S.. Schedul. Atblched i Ptwmlum Computa1/t'n: &lfm81l7, , Rat. per T01lII AdvIInce P18mlum flit CbIrve $600. ...- . ...... Mil P.'. .' ., .. _, . nmum.rem~m: '111J. ..~.:.. ........ '"'.eo ...._......-........... .....:..~_ ; :. '".~.lVI!1tofcancellad?~,by~..f1m:NamedlnlU~~~~ COmpany~tr~ln.nll!='~,~,~ 100.;:. ;", .,: ast!1. .. 'M'nlmul1TPremful1T., ' '.,'... . ,',.. '.,' .,' .,." ..." ."., , . .-,., Forma and ando_.me mached to this polley at dm. of Issu.: C& 80 07 11 92.... CS SO ZS 10 88.... C6 81 55 06 n ... CS 82 35 07 tIT '" C&8249 0787'" C6 81 7S 01 89 '" - Issu. Oat. OC-07-931l11G1.t Harrfsbanr Branch Of'flce BV Authorized Repl8ltntadv. CG81061088 BRANCH OFFICE COPY OCDZlI ~ NAMI OF COMPANY , .. I II~ \oJ III U \-d:' UdJ l Y u rou 0 of.lnsuran~e Companies malo Caslr... -:r 1As. Co. POUI.:.:,O. 110 (If) 50 59 62 12 D/IIA lei Assoc:btes. IDe. :S" . . ( t!f. NAMID INIUR~' ',,' .... , COMMERCIAL UMBRELLA '-' ".' . SCHEDULEOF . UNDERLYlNCfINSURANCE lYP. of Polley ..: :: :-'.'l::;.1 ".~,':' ~.(":"":,~' ................. , . ~~...;.:~.;:-.'~.' ..:~. ~tt"'" .: "L'.. Cirri,," Polley Numb., .nd Plrlod . ~ l! [J CommircWGan.nll Uablllty ..... fndudlng: ~, : - . ' ConipIfIBd Opemiou,:''', ','~'" ProducIs./ App~Clbl. !1mlmo~~ountof '!"U"nc. ',-....~ . ~,~'.. .. ~.- .''':', . ." ~...~t:;~.~,:r~~.?~ ~.~\ ........ I'IImiIes OPlll1fonr,'""i' ~,;,'":. " 0 '1.100.010 EidtocaDiai.ca', ' ,; .' " , An "X" marbd in a 0, indicates those COWragu',11 pl1lYided in in~u;,deriying Policies IS Iimd. '0' .......~_.;t"-: ...:;;:r. ~~.~f5: .,.,;ji'jf .~-. . ~~.;'. . ._..~ .- ,~"=- '\: ~ ". ,- .:-,"!! . . , -- , , '. Cldo. CiJall7' Ias., CD.;;-o., "-" Auto UahIUqjrnciudlng;:-;.a~:::, 1ZD~i!!J~5I1.59:1Z' IZ. ::~: ~ HinlclAuii.,.:.'~n':-',.::j:;,:. :: ,.", ~':~..:~ "I~..... ,,~::O 1I:~~LIab"~'-~ $:':, '>i-,: 0 ~'.:-:"~"'~'~.. .... ..../-.-..;...; :_~ ..'r----~.=-'..:-;.. i,.'-r ;:-.'.. """:"'- ,-'- "'0 D-o..-rft""-L/ab' '..~;....,: ';, .,..,:~"", t:..i .-.. ....:~ .... ...~ ---_UfI'V8IU. ...., ~ ..:- . '" . 0 Glllgekaepw lagaJ Liability.: ..'.: - " f' 0 Rep d'AuIoL/ability " ...... ,f, .' .;.~ ~ .... , , ~;.< - , '.... ' . .;'" ... . .....\. .:<,;:.:.i. .. '.. ............. ...... . ...... . . .-.- . ,.., ....: ':, . '''~' . ....... ~ ;.:~~~\~~':': ' ' '.~~ ......:~~: -;'.--. ." ..... ~ . ~.... :.t .:. .:.:..::....... . '. . O. SlIndard Worlcara" Comp.naIllon . .nd FmpIClyl~ llablllty ",.~,:, BodiIv.lnjury brAa:ident Bodily Injury by Disaase Bodily Injury by Disaase " ...... " " Othar o " o 0' :' CG 80 07 11 92 ~ ~ -. .. ..' . - ....". ... .-.. .. BRANCH OFFICE COpy POUCY NUMBER: COMMERCIAL UMBRELlA EXCESS UABIUTY THIS ENDORSEMENT CHANGES THE POWCY. PLEASE READ IT CAREFULLY. ( o ..,J. PENNSYLVANIA CHANGES This endorsement modnles Insurance provided under the lollowlng: COMMERCIAL UMBRELlA EXCESS UABIUTY POUCY A. The CANCELlATION PoIfcy Condition Is replaced by the following: CANCEUATlON 1. The flrst Named Insured shown In the Dee/ara. Ilona may cancel this policy by writIng or gMng notice of cancellation. 2. CANCELlATION OF POUCIES IN EFFECT FOR LeSS THAN 60 DAYS We may cancel this policy by mailing or deliver- Ing to the flrst Named Insured written notice of cancellalJon atlllllSt 30 days belore the effective date of cancellallon. 3. CANCELlATION OF POUCIES IN EFFECT FOR 60 DAYS OR MORE If this policy has been In effect lor 60 days or more or n this policy Is a renewal 01 a policy we Issued. we may cancel this policy only for one or more of the following reasons: .. You have made a material misrepresentation which affects the Insurability of the risk, Notice of cancellallon will be mailed or delivered at least 15 days belore the effective date 01 cancellation, b. You have failed to pay a premium when due. whether the premium Is payable directly to us or our agents or IndlreclJy under a premium finance plan or extensllM of credn. Notice of cancellallon will be mailed at least 15 days before the effective date 01 cancellation. c. A condition, factor or loss experience material to Insurabllily has changed substan- tially or a substantial Condnlon, factor or loss experience material 10 Insurability has be- come known during the policy period. Nollce of cancellallon wJIl be mailed or delivered at least 60 days before the effective date 01 can- cellellon. CG81750189 d. Loss of reinsurance or a substanllaJ decrease In reinsurance has occurred. which loss or decrease, at the time of cancellation. shall be cerllfled to the Insurance Commissioner es directly affecting In.force policies. Nollce of cancellallon will be maUed or delivered at least 60 days before the effecllve date of can- callallon. e. Malerial failure to comply wflh policy terms, condnlons or contractual dulles. NolIce of cancellallon will be maUed or delivered at least 60 days before the effective dale of can. cellallon. f. Other reasons that the Insurance Commis- sioner may epprove. NolIce of cancellallon will be maUed or delivered at least 60 days before the effecllve date of cancellallon. This policy may also be cancelled from Incepllon upon discovery that the polley was obtained through fraudulent statements. omissions or con- cealment 01 facts material to the acceptance of the risk or to the hazard assumed by us. 4. We will mall or deliver our nollce to the Ilrst Named Insured's last malllng address known 10 us, Notice 01 cancellallon will state the specific reasons for cancellallon. 5. Nollce 01 cancellallon will state the effective dale of cancellation, The polley period will end on that date. - 8. If this policy Is cancelled, we wDl send the Ilrst Named Insured any premium refund due. II we cancel. the refund wUl be pro rata end will be retumed wllhln 10 business days after the effec. tlve date 01 cancellallon. If the first Named In. sured cancels. the refund may be less than pro rata and will be retumed wflhln 30 days after the effective dale 01 cancellation, The cancellation will be effective even If we have not made or of- lered a refund, Includes CoPynghl.d Mal.n" Of In.uranc. Sa,.,,;... Offica.lnc, WIlli its perm.....n, CoPynghl, In.uran.. SalVi... Offic.. Inc.. 198e Copyright. ISO CommerCia' Ri.k SaM..., Inc.. 198e Page 1 012 , 7.11 notice Is mailed, It will be by 1~lllstered or first class mall, Prool 01 mailing will be sulllclent proof 01 noIlce, B. The WHEN WE 00 NOT RENEW policy condition Is replaced by thl! following: 1. NONRENEWAL If we decide not to renew this policy, we will mall or deliver written notice of nonrenewal, stating the specific reasons for nonrenewal. to the First Named Insured at least 60 days before the ex. plrallon data of the policy. The following lUll added and supersede any provlslons to the canlrlry: C. INCREASE OF PREMIUM If we Increase your renewal premium. we will mall or deliver to the first Named Insured: e. Written notice 01 our Intent to Increase the premium at least 60 days before the effective date 01 the premium Increase: and b. An estimate 01 the Increase at least 30 days before the elfectlve date of premium In- crease. Any notJce 01 nonrenewal or renewal premium In. crease will be maDed or delivered to the first Named Insured's last known address. If notJce Is maDed. It will be by registered or first class maD. Proof 01 mailing will be sufflclem proof of notice, D. Policy Condition 20 Is replaced by the following: 20. Your Right to Claim and Occurrence Informa- tion If we cancel or elect not to renew this policy, and the first Nemed Insured has made a written request for loss Information within ten days of the first Named Insured's receipt of our mldtenn cencella. tlon or nonrenewal notice. we shall, within 30 days from the date 01 receipt 01 this written request. provide the first Named Insured the following loss information: , CG8t 750189 e. In'ormatlon 011 closed c1aJmsf Including date and description 01 occurrence, and amount 01 payments, H any: b. Information on open claims, including dete and description 01 occurrence, amo:!nt of peyment, H any, and amoum of r_rvel, H any; c. Information or notices of occurrence. Includ. Ing data and description 01 occurrence and amount of reservas. H any. We shall provldeloss Informatlon to the first Named Insured for at least three years or the perlod 01 time during which we have provlded coverege to the first NamecUnsured, whichever Is Iesa. Amounta reserved are baaed on our Judgment. They ere subject to change and shol.id not be regarded as ultimate settlemem values. ' We compile "claim" and "occurrence" Information for our own business purposes and exercise reasonable cere In doing so. In providing this Infor- mation to the first Nemed Insured. we make no rep. resentatlons or warranUea to Insureds. Insurers, or others to whom this Informatlon Is furnished by or on behall of any Insured. Cancellation or non. renewal will be e1fectlve even If we lnadvenently provide lnaccurete Information. ':.. IndUClII Copyrlghltd Matinal Of InIUllnce ServiCOI Officl.lnc, with ill plrm/_n. Page 2 of 2 Copyright, InIU'lnCI ServiCOI OffICI. Inc.. 1988 Copyright. ISO CommorCloJ Rilk ServicoI,InC.. 1988 ( ('~ ,- - <.. ( l .@ COMMERCIAL UMBRELLA LIABILITY THIS ENDORSEMENT CHAI'./GES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION - EMPLOYERS LIABILITY FORM A Thll endollement modlflellnlullInce provided under the following: COMMERCIAL UMBRELLA LIABILITY POLICY this InlullInce doel not apply to "bodily Injury" to: 1. An employee of thalnaullId arlllng out of and In the COUIH of employment by thelnlured: 2. ThelpoulI, child, pelllnt, brother or Illler of thetemployee elLI consequence of 1. above. this exclusion eppllal: . 1. Whathar thelnlured mey belleblell ~n employer or In eny othlr ceplclty: Ind 2. To Iny obllgatJon to Ihelll damagls w~h or IlIplY lomeona ella who mUll pay dlrnagll bacaule of the Injury. Thll exclullon doel not apply to liability Issumad by thalnsullId undar an "lnlullId contrlct." ':. . - CGBl550689 Inc:tud. CDOYnOhlMl INIINI of lnau,.ncl StMc. OffICI. .-nUl itllMfmrUion. Cocr/nvhl. .......... s_ OH'.... Inc.. _ 0Cl>4l0 ') POLICY NUMBER: ", COMMERCIAL UMBl1c:LLA EXCESS LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DAMAGE TO LEASED PREMISES EXCLUSION Covelllge A doel not Ipply 10 Injury or destruction of lIIel property lelsed 10 In Inlured. ~ . - G 823507 B7 oco.m ( . 00 POLICY NUMBER: THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL UMBRELLA EXCESS LIABILITY AUTOMOBILE LIABILITY EXCLUSION Thl. policy do.. not apply to th. own.rship, malntenanc.. operation or UN of an ".uto" whll. aw.y from praml... owned by. rented to. or controll.d by .n In.urad. U.. Includ.. "loading or unloading:' Thl. ..clu,'on does not apply to a "claim" for which In.uranc. Is afford.d by "und.rlylng Insuranc.... ! " ':. . - CG 82490787 ClCO-ZlI ... ~ COMMERCIAL UMBRELLA EXCESS LIABILITY POLICY OCCURRENCE BASIS QUICK REFERENCE READ YOUR POLICY CAREFULLY DECLARATIONS PAGES Named Insured and Mailing Address PollcV Period Description of Business and location Coverages and Limits of Insurance Schadula of Underlvlng Insurance SECTION I . COVERAGES Beginning on Page Insuring Agreemen.i ..................... 1 - Coverage A . BodllV Injurv and Propertv Damage Llablllt'( Coverage B - Personal and Advertising Injury Liability SECTION II . DEFENSE AND SUPPLEMENTARY PAYMENTS. ... . . . . , . ....... . 6 SECTION III . WHO IS AN INSURED. .. .. .. .... .. .. .. .. .. .... .. ............ 7 SECTION IV. LIMIT OF INSURANCE. , . ,. . . . . . . . ., . .. . . ... ... . ..... ... ..... 8 SECTION V - COMMERCIAL EXCESS POLICY CONDITIONS Appeels ............................................................ 8 Bankruptcy ......................................................... 8 Cancellation ........................................................ 8 Changes .,......................................................... 9 Duties In The Event of Occurrence. Claim or Suit ......................... 9 Examination of Your Books and Records ................................ 9 Inspections and Surveve ....... . . . , . . , , . . . . .. . .. .. . . . .. .. .. .. .. .. .. ... 9 legal Action Against Us . , . . . . . . .. . . . . . .. . .. .. . . . . . . . .. . .. .. . . .. .. .. . 10 Maintenance of Underlvlng Insurance .. . . . . . . . . . . . .. . .. .. . . . .. .. . .. .... 10 Other Insurance ................................. . . .. . .. . .. .. . .. . ... 10 Premium Audit .. , , . . . . . . . . . . . . .. . . . . , . . . .. . . . . , . . . . .. . .. .. . .. . .. ... 10 Premiums .......................................................... 11 Rapresentatlons .................................................... 11 Separation of Insureds ............................................... 11 Sole Agent........................................................ 11 Transfer of Rights of Recoverv Against Others To Us ..................... 11 Transfer of Your Rights and Duties under this Policy ,..................... 11 When We Do Not Renew ............................................ 11 When We Intend To Pav A Loss ....................................... 11 Your Right to Claim and Occurrence Information ."...................... 11 SECTION VI . DEFINITIONS ......................,....................... 12 ENDORSEMENTS (If anvl exclusions ............................. 2 Insuring Agreement .. . . . .. .. .. . .. . .. . ... 5 exclusions ......,...................... 6 ,) I"clud.. copyrighted mlteriall of Inlunlnce 8eMCII Office. with hi permillh)". Copyright. Inlurance Servlcls Office, Inc.. 1982. 1984 ) CG 802810 88 -' "I .' COMMERCIAL UMBRELLA EXCESS LIABILITY POLICY OCCURRENCE BASIS Various provisions in this policy Illstrlct covarage. Read the entire policy call1fully to detarmlne rights. duties and what is and is not covellld. Throughout this policy tha words "you" and "your" refer to the Named Insured shown In the Declarations. The words "we." "us" and "our"lllfer to the Company provld. ing thif..lnsurance. The word "insured" means any parson or organization qualifying as such undar SECTION III - WHO IS AN INSURED, Other words and phrases that appaar in quotation marks have spacial meaning, Refer to SECTION VI - DEFI- NITIONS, SECTION I - INSURING AGREEMENTS COVERAGE A - BODILY INJURY AND PROPERTY DAMAGE LIABILITY 1. Inaurlng Agreement We will pay on behalf of the Insullld for "ultimate net loss" in excess of the "retained limit" caused by"bodl- ly injury" or "property damage" to which this Insur- ance applies, No other obligation or liability to indemnify or perform acts or services Is covellld un- less explicitly provided for under SECTION II - DEFENSE AND SUPPLEMENTARY PAYMENTS - COVERAGES A and B, This insurance applies to "bodily Injury" or "property damage" if: a. The "bodily Injury" or "property damage" was caused by an "occurlllnce"; b. The "occurlllnce"took place in the "coverage ter. ritory"; and c. The "bodily injury" or "property damage" oc- curllld during the policy period of this policy. CG 8028 1088 d. The "bodily Injury" or "property damage"ls co. vered by "underlying insurance" as .hown In the "undarlylng Insurance". e. Tha "bodily Injury" or "property damege"l. co- vered by this policy but Is not covellld by "under- lying Inaulllnce" or any other "underlying Insurance" avellabla to the Insullld. It Is egllled that: e. Damagas because of "bodily Injury" Include damages clelmed by a person or orgenlzatlon for calli. loss of services or death Illsultlng at any time from the "bodily Injury:' b. "Property demage" that Is loss of use of tangible property that Is not physically Injullld shall be deemed to occur at the time of the "occu'lllnce" that caused It. We have the right to defend any "claim" or "suit" against the Insullld seeking damages for "bodily Inju- ry" or "proparty damage" to which this Insurance ep- plies; but: ) e. The amount we will pay for "ultimate net loss" is limited as described In SECTION IV - LIMIT OF IN. SURANCE; b. At our discllltlon, we may investigate any "occur- rence" and senle 8 "claim" or 8 "suit" that may Illsult; c. We have a duty to defend all "claims" or "suits" not covered by the "underlying Insurance" shown in the Schedule of Underlying Insurance; and d. We also have the duty to defend such "claims" or "suita" If the epplicable limit of the "underlying In- aurance" is used up; but e. Both our right and duty to defend eny exlatlng or futulll"sults" end when we have used up the ap. pllcable Limit of Insurance in Indemnlfjcalion of judgements or settlements under Coverages A or B. ) Page 1 of 15 - "') -.... ) 2. Exclusions This Insurance .:loes not epply to: a. "Bodily Injury" or "propeny damage" either ax, pecled or Intended by an Insured. This exclusion does not epply to "bodily Injury" resulting from the use of reasonable force to protect persons or propeny. b, "Bodily Injury" or "propeny damage" for which the Inaured Is obligated to pay damages duato the a..umptlon of liability In a contract or egreement. This exclusion does not apply to lIeblllty for damages: This axcluslon does not apply to liability a..umed by the Insured In an "Insured contract." .. m "Bodily Injury" or "property damage" ceused by tha actual. alleged or threatened dis- charge, dispersal, releaH or .scape of pol- lutanta: (al That are, or that are contained In. any propeny that Is: (II Being moved from the place where such propeny or pollutants are ac- cepted by the Insured for movement Into or onto en "auto"; 1111 Being transported or towed by an "Iuta"; 11I11 OtherwlH In the course of transit; IIvl Being stored, disposed of. treated or processed In or upon an "euto"; or (vI Being moved from en "auto" to the place where such propeny or poilu- tanta are finally delivered. disposed of or abandoned by the Insured; Ibl At or from premlns you own. rent or occupy; leI At cr from IIlte or location used by or for you or others for the handling, storage, disposal, procelllng or treatment of waIte; Idl At or from IIlteor location on which you or contractors or subcontractolll working directly or Indirectly on your behalf are performing operations: (II To test for. monitor, clean up. re- move, contain, treat, detoxify or neutralize the pollutants; or 1111 If the 1'0llutanll are brought on or to the site In connection with such operations; or 1.1 Which al8 at any time tl8nsported. han- dled, stored, treated, disposed of. or processed as Wlste by or for you or a per- son or organization for whom you may be legally I8sponsible. 121 All lOll. cost or expanSl arising out of a governmental dll8ctlon or I8questthat you test for, monitor. clean up. I8move, contain. tl8at. detoxify or neutralize pollutants. 111 Assumad In an "Insured contract"; or 121 That the Insul8d would have In the absence of the contract or agl8ement. c. Llsblllty Imposed on the Insured or the Insuredfs Insurer under the following lews: 111 Employees' Retirement Income Security Act tE.R.I.S.A.1 of 1974 es now or hel8after amended; or 121 An uninsured motorists, underlnsurad motoristS, or automobile no.feult or first party bodily Injury or propeny damage law; or 131 A workers' compensation. unamployment compensation. or disability benefits law. or a similar law. d. "Bodily Injury" to: 111 An officer. director, or employee of the In- sured who is Injured by another officer. direc- tor or employee of the &lme Insured In the course of such employment; or 121 An officer. dll8ctor, or employee of the In- sured. or an eppllcant for employment by the Insured, caused by employmant practlcas of the Insured. Employment pl8ctlces Includa wrongful dismissal or wrongful termination of an officer. director or employee. (31 ThespouSl, child. pal8nt, brother or sister of that officer. director, employee or applicant for employment as a consequence of 111 or (2) above. This exclusion applies: 111 Whether the insul8d may be liable as an em, ployer or in another cepacity; and 121 To a duty to share damages with or repay someone else who must pay damages be- cause of such "bodily injury." CG802B 1088 Page 2 of 15 ~. Pollutants meanl ell solid, liQuid, gaaeous or ther. 131 lleblllty allumed In an "Inlured contract" for mallnltentl or contamlnents. Pollutants Include the ownerahlpf mainlenance or use 01 "air. Imoka, vapor, 101l1. fumel. acldl, elkalls, cheml. craft" or "watercraft:' cala and walla. Walll Includel mallrlall 10 ba recycled, recondltlonad or reclaimed, g. "Bodily Injury" or "property damage" due to the )) UN of "mobile eQuipment" In, or whllaln practice Paragraphl flHalllvlend flIlbllhrough flHel do or preperatlon for, e preerranged racing. Ipeed or not epply to pollutenll which escape or are dll' demolition contesl or in estunllng ectlvlty. charged from en "aulo" part II: h. liability aslumed In an "Inlured contract" for 111 The "aulo" part WlS dellgned by ils manu lac. "bodily Injury" or "property damage" duelo war, lUrer to holdf Itore, receive (lr dispose olluch whether or not decleredf or an act or condition In. pollutanta; and cldant 10 war. War Includes civil war, Inlurrectlon, rebellion, revolution. or aCII 01 terrorllm. (21 The pollulanll are from luell, lubricants, f1uldsf exhsust gasas or other like pollulsnts; I. "Property c!smage" to: snd - 111 Property you own. rent or occupy: 131 The pollutanta are needed for or are due to the normsl electrical, hydraulic or mechsnlcsl 121 Premises you sell. give away or absndon, If lunctlonlng 01 the Insured "auto" or Its parts, the "property damage" erlses out of any part of those premises; Paragraphs flHbl through flIlel do not apply to pollutants which are not In or upon an "auto"lI: (31 Property loaned to you; 111 The pollutants or property In which the pol. 141 Pellonal property In your care, custody or lutants are contained ere upset, overturned or control; dsmaged es e result of the maintenance or use 01 an "auto": 16/ Thet particular part of real proparty on which you or a contllctor or subcontractor working (2/ The discharge. dispell8l, release or escape 01 directly or Indirectly for you are performing the pollutants Is caused dlractly by such up. operations, IIlhe "property damage" Is due ~ set. overturn or damage: end to those opellllons; or 131 The "bodily Injury" or "property damage"ls (8) Thet particular part of property that must be not otherwise excluded under paragraph 1'8It0red, repelred or replaced bacause "your I1Hal 01 this exclusion. work" was Incorrectly performad on It. Paragraphs fl Hbland flHdlUi/ 01 this exclusion do Paragraph (2) of this exclusion does not apply If not apply to "bodily Injury" or "property damaga" the premlsas ere "your work"end were never oc. caused by heat. smoka or fumes from a hostile cupled, rented or held lor rental by you. lira, Hostile fire maans a fire which becomas un. conlrollebla or braaka out from wharelt was In. Paragraphs 131. (4). ISland (61 of this exclusion do landed to ba. not apply to liability assumad In a sidetrack agreemant. f. "Bodily Injury" or "property damage" due to tha ownellhip, maintenance. use or entrustment to Paragraph (61 of this exclusion does not apply to othell of en "elrcraft" or "watercraft" owned or "property damage" Included In the "producta. operated by or rented or loaned to an Insured. Use completed operations hazard." Includes oparatlon and "loading or unloading:' I. "Property damage" to "your product" caused by This exclusion does not apply to: It or a part 01 It. 111 "Watercraft" while ashore on premises you k. "Property damage" to "your work" caused by It own or rent: or II part of It and Included In the "producta. completed operalions hazard." (21 "Watercrah" you do not own that ara: This exclusion does not apply if Ihe damaged (al Lass than 26 leet long; and work or the work which causes the damaga was performed lor you by a subcontractor, ) lbl Not being used to carry persons or property for a charge, CG 8028 to 88 Pege30115 .-coIl I, "ProperlY demage" to "Impaired properlY" or 131 Resulting from the "hazardous properties" of property that has not been phyalcally injured "nuclear meterlel:' If: caused by: lal The "nuclear malerla''': , 111 A defect, deficiency, Inadequacy or danger- ous condlllon In "your product" or "your III Is at any "nuclear facility'. owned by. work": or or operatad by or on behalf of, an In- sured; or 121 A dalay or failure by you or anyone acting for you 10 perform a contract or agreement In ac- un Has been discharged or disparsed cordance wllh Ilatarms. therefrom; This exclusion does not apply to thalola of ule of (bl The "nuclear malerlal" II containad In other properlY due to sudden and accidental "Ipent fuel" or "walle" at any time POI- phyalcallnjury to "your product" or "your work" allaed, handled, ulad, pro ceased, after II hes been put to Ilalnlended ule. stored, tranaported or dlaposed of by or - .. on behalf of an Inlured; or m. Damages clalmad for all 1011. COli or expense In. curred by you or others for tha lOll of use, wllh. lei The "bodily Injury" or "property drawal. recall. Inspecllon, repair, replacemenl, damage" arises out of tha fumllhlng by adJullment, removal or dlaposal of: an insured of services. materials, paru or equipment In connection with the plan- III "Your product"; nlng, construcllon, maintenance, oper- ation or usa of any "nucleer facility:' but (21 "Your work"; or If such facility Is located within the Unit- ed States of America. Ita territories or 131 "Impaired properlY"; pouelllons or Caneda, this subpara- graph (31 epplles only to "properlY If such product, work or properlY Is withdrawn or demage" to auch "nuclaar facility" and racalled from the market or from use by e person eny properlY thereat. or organization due to a known or auspected defect. deficiency. Inadequacy or dangerous con- As used In this exclusion n.: dltlon In It. 111 "Hezardous properties" Includa radioactive, n. "Bodily Injury" or "properlY damage": toxic or explolive properties; 111 With respect to which en insured under this 121 "Nuclear material" means "source material," policy Is also an Insured under a nuclear ener- "special nuclear material" or "by.product gy liability policy Issued by Nuclear Energy material"; Liability Insurance Association, Mutual Atomic Energy liability underwrllers. Nuclear (31 "Source malerlal:' "special nuclear material" Insurence Association of Canada or any of and "by.product material" hlMl the meaning their auccellors, or would be an Insured un. given them In the Atomic Energy Act of 1954 der eny such policy but for lIS termination or In any law amendatory thel1lOf; upon axhaustlon of lIS limit of liability; or (41 "Spent fuei" means any fualalement or fuel (21 Resulting from the hazardous properties of component, solid or liquid, which has been nuclear meterlal end with respect to which: used or exposed tu radiation In a "nuclear reactor"; lal Any person or orgenlzatlon Is required to maintain financial protection pursuentto (&1 "Waite" means any walla material: the Atomic Energy Act of 1954. or any law amendatory thereof; or lal Containing "by.product material" other than the tailings or walles produced by Ibl Thalnsured ii, or had this policy notbaen the extrectlon or concentration of uranl. IlIued would be. entitled to Indemnity um or thorium from eny ore procelled from the United States of America. or primarily for III "Iource material con. any agency thereof, under any agree- tent": and ment enlered Into by the United States of ) America. or any agency Ihereof. with any person or organization. CG 80281088 Page 4 of 15 lbl Resulting from the operetion by any per. 131 A statuta, ordinanca or regulation relating to son of organization of any "nuclear facil. the aale. gih, distribution or use of alcoholic Ity" Included un.:ler the flrat two beverages. paragraphs of the definition of "nuclear Thla exclusion applies only if you are In the . y facillty.'f business of manufacturing, distributing. sell. Ing. serving or furnishing alcoholic beveragea. (6) "Nuclear facility" meens: p. "Bodily Injury" due to the rendaring of or failure lal Any "nuclear reactor"; to render a professionalaervlce, Ibl Any equipment or device designed or q. Damage by fire to premlsas rented to you. used for: r. A duty to pay expensas undar any medical pay. (II Separating the isotopes of uranium ments coverage, or plutonium: a. A duty to relinbursa an insurer as required by: 111I Processing or utilizing "spent fuel"; - or 111 The terms of tha Endorsement For Motor Car. rler Policies of Insurance For Public Liability 11I11 Handling, processing or packaging Under Sections 29 and 30 of tha Motor Car. "waste"; rier Act of 1980; or Icl Any equipment or device used for the 121 The terms of a similar endorsement raqulred processing, fabricating or alloying of by atate or federal law. "special nuclaar material" if at any time COVERAGE B . PERSONAL ANO AOVER. tha total amount of such material In the custody of the insured at the premises TISING INJURY LIABILITY where such equipment or device islocat. ed consists of or contains more than 25 1. Inaurlng Agreement grams of plutonium or uranium 233 or any combination thereof. or more than e. We will pay on behalf of the Insured for "ultlmete 250 grams of uranium 235; net loss" In excess of the "rel8lned limit" due to ") besin, excevetlon, "personal Injury" or "advenising Injury" to which ldl Any structure. this Insurance applies. No other obligation or lia. premises or place prepared or used for blllty to Indemnify or perform acts or services la the storage or disposel of "waste"; covered unless explicitly providad for under SEC. TION II - DEFENSE AND SUPPLEMENTARY And Includes the site on which any of the PAYMENTS - COVERAGES A and B. We will have foregoing is located, all operations conduct. the right to defend and "claim" or "suit" seeking ed on such site and all premises used for such damages for "personal injury" or "advenising in. operations; jury" to which this Insurance applies, but: 171 "Nuclear reactor" means any apparatus 111 The amount we will Indemnify for "ultimate designed or used to sustain nuclear fission in net loss" Is limited as described In SECTION a self.supponing chain reaction or to contain IV. LIMIT OF INSURANCE; a critical mass of fissionable material; 121 At our discretion. we may Investigate and set- 181 "Property damage"lncludes all forms of radio tie 8 "claim" or a "suit"; oactlve contamination of property. 131 We have a duty to defend "claims" or "suits" o. "Bodily Injury" for which an Insured may be held not covered by the "underlying Insurance" liable by reason of: shown In the Schedule of Underlying Insur- ance;and 111 Causing or contributing to the intoxication of e penIOn; 141 We also have the duty to defend such "claims" or "suits" If the applicable limit of 121 The furnishing of alcoholic beverages to a the "underlying insurance" Is used up; but person who is under: 151 Both our right and duty to defend existing or lal The legal drinking age; or future "suits" end when we have used up the )\ applicable Limit of Insurance in indemnifica. lbl The influence of alcohol; or tlon of Judgments or selllements under Coverages A or B. :G80281088 Page 5 of 15 J_ -- -----" -..---.----- ) b. This Insurance applies to "personal injury" only if 111 Breach of contract. other than mlllppropri- caused by an "offense" committed: atlon of advenislng Idaas under an implied contract: (1) In the "coveraga territory" during the policy The failure of goods, products or aervicesto period: and (21 conform with advenlsed quality or per- (2) In the conduct of your business, excluding formance: advertising, publishing, broadcasting or (3) The wrong description of the price of goods. telecasllng dcne by or for you. products or services; or c. This Insurance applies to "advenlslng Injury" only An "offenae" committed by an insured whose If caused by an "offense" committed: (41 business Is advenislng. broadcastlngf pub- (1) In the "coverage territory" during the policy IIshlng or telecasting, period; and SECTION II. DEFENSE AND SUPPLEMEN. - 121 In the course of advenislng your goods, TAR)' PAYMENTS. COVERAGES A AND B products or services. When we have the duty to defend, we will pay on behalf 2. Exclusions of the Insured: This Insurance does not apply to: 1. All expenses we Incur. a. "Personal injury" or "advenising injury": 2. Up to $250 for cost of ball bonds required because of accidents or traffic law violations related to an accident 111 Due to the oral or written publication of due to the use of a vehicle to which this policy applies. material, if done by or at the direction of the We do not have to furnish these bonds. Insured with knowledge of Its falsity; 3. The cost of bonds to release attachments. but only for 121 Due to the oral or written publication of bond amounts within the applicable limit of Insur- material whose first publication took place ance. Wa do not have to furnish these bonds. before the beginning of the policy period: 4. All reasonable expenses you Incur at our request to as- 131 Due to the willful violation of a penal statute 51st us In the investigation or the defenll of a "claim" or ordinance committed by or with the con- or 0 "suit:' This includes your actualloas of earnings sant of the Insured: or up to $250 a day because of lime off from work, 141 For which thalnsured has assumed liability in 5. All costs taxed against you In a "suit" we defend, a contract or agreement. This exclusion does not apply to liability for damages that the In- 6. "Pre-judgment Interest" awarded against the Insured sured would have In the absence of the con- on that pan of a judgment covered under this policy. tract or agreement. If we offer the applicable limit of Insurance in settle- ment of a "claim" or e "suit:' we will not Indemnify the 151 To an officer, director or employee of the in- Insured for a "pre-judgement Interest" Imposed or sured due to that person's employment by the earned after the date of auch offer. Insured. 7. All interest earned on that pan of a judgment within 161 To an officer, director or employee of the In- the limit of Insurance after entry of the judgment and aured, or an applicant for employmant by the before we have indemnified the Insured, offered to In- Insured. caused by the employment practices damnify, or deposited In coun that panof a judgment of the Insured. Employment practices include that Is within the eppllcable Umlt of Insurance. wrongful dismissal or wrongful termination of an officer, director or employee. Payments under this section of the policy will not reduce the limit of Insurance. b. "Adveniaing injury" due to: ) CG 802810 as Page 6 of 15 SECTION III . WHO IS INSURED 1. If you are designated In the Declarations as: II, An Individual, you and your spouse are insureds, but only with respect to the conduct of a business of which you are the sole owner. b. A pannelllhlp or joint venture. you are an Insured. Your membelllf your penners, and their spouses are elso Insuredsf but only with respect to the con- duct of your business, c. An orgenlzatlon other than a pannelllhlp or Joint venture, you are an Insured. Your executive officers and directors are insureds, but only with respect to their duties as your officelll or directolll, - Your stockholders are also Insureds, but only with respect to their liability as your stockholders. 2. Each of the following Is also an Insured: e. Your employees, other than your executive officers. but only for acts within the scope of their employment by you. However. none of these em, ployees is an Insured for: 111 "Bodily Injury" or "personellnjury"toyou or to e co-employee while In the course of his or her employment; or (21 "Bodily Injury" or "personal injury" due to his or her providing or falling to provide profes- slonel health care services: or 131 "Property damage"to property owned or oc- cupied by or rented or loaned to that em- ployee, any of your other employees, or penners or membellllif you are a pannership or joint venture). b. A person (other than your employeal or an organl. zation while acting as your real estate manage,. c, A pelllon or an organization having proper tem- porary custody of your property If you die. but only: 111 With respect to liability due to the main- tenance or use of thet property: and (21 Until your legal representative has been ap- pointed. d. Your legel representetive if you die, but only with respect to dutiesas such. Thet representative will have ell of your rights and ell of your duties under this policy. CG 80 2810 8B ..-----..-..-. II. Any other person or organization who Is Insured under e policy of "underlying Insurance." Thll coverage efforded such Insureds under this poli- cy will be no broader than the "underlying Insur. ance" except for this policyfs Limit of Insurance. f. A person or organization for whom you hllve egreed to provide Insurance such es Is efforded by this policy: but that pelllon or orgenlzatlon lalln Insured only with respect to operations performlld by you or on your behalf. or facilities owned or used by you. 3. With respect to: )1 8. An "auto":.or b. "Mobile equipment" registered In your namll un- der a motor vehicle registration law; A person Is an Insured while driving such "auto" or "mobile equipment" along a public highway with your permission. Other persons or organizations responsible for the con- duct of such person are also Insureds, but only for their Iillbllity due to the oparation of the "euto" or registered "mobile equipment:' However, the owner or enyone else from whom you hire or borrow en "euto" 15 an Insured only If that "auto" Is a trailer connected to an "auto" owned by you. But no person or organization Is an Insured under this paragraph 3. for: ., II. "Bodily injury" to a co,employee of the person driving the "auto" or "mobile equipment"; or b. "Property damage"to property owned by you or the employer of a person who Is an Insured under this provision; or c. An "auto" you hire or borrow from one of your pllnners. or employees. or members of their households, If they are the owner of such "autd'; or d. An "auto" being used by e person employed In the business of selling, servicing, repairing, or perk- Ing "eutos" unless they ere your employee; or e . The movement of property to or from en "auto" except you. your employees, panners. lessees or borrowers of such auto and employees of the les- sees or borrowers. ), Page 7 of 15 4. An organization you newly acquire or form, other than a pannershlp or loint vanture, and over which you maintain ownership or r..alorlly interest, will be deemed to be e Nemed Insured. However: a. Coverage underthis provision isefforded only until the 90th day efter you eCQulre or form the orgenl. zation or the end of the policy period, whichever Is earlier; - b. Coverege Is epplicable only In excess of the limits of the "undarlylng Insurance" es shown In the Schedule of Underlying Insurance. You must edd such orgenlzatlon to your "undarlylng Insurance" as soon as possible, advising us of such additions, We may then make adjustment of premium charges as called for In Condition 9. Malntanance of Underlying Insurance. c. Coverage A does not epply to "bodily Injury" or "propeny damage" that occurred before you ac. Qulred or formed the organization; and d. Coverage B does not epply to "personal Injury" or "advenlsing Injury" due to an "offense" commit- ted before you acquired or formad the organl. zation. of lellthan 12 months. stanlng with the beginning of tha policy period shown In the Declarations. unlllU the policy period Is extended after Issuanca for an addl. tlonal period of lellthan 12 months, In that case. the additional period will ba deemad pan of the last preceding period for purposes of determining the limit of Insurance, SECTION V. COMMERCIAL EXCESS POLI- CY CONDITIONS 1. Appeals If the Insured or an "underlying Insurer" elecla not to appeal e judgement which exceeds the "retained limit:' we may elect to do so. We shall be liable. In ed. dltlon to Itie Limit of Insurance. for all com. taxes. ex- penseslncurred and intcrest on judgmenla Incldentel to such an appeal. We shall also be liable for ell such com, expenses and interest on appeals In connection with our right and duly to dafend the Insured under SECTION II. DEFENSE AND SUPPLEMENTARY PAYMENTS. 2. Bankruptcy Bankruptcy. Insolvency or recelvarshlp of the Insured, or of the Insured'sllStllte or of any "undarlylng Insurer" will not relieve us of our obligations under this Policy. But with regard to bankruptcy. Insolvency, or receiver- ship of an "underlying insurer." this policy shall not ap- ply as a replacement of such bankrupt or Insolvent Insurer; and our IImlll of Insurance will apply only In excess of the required Iimltlsl of Insurance stBtad In the Schedule of Underlying Insurance of this policy. 3. Cancellation II. The first Named Insured shown In the Declara- tions may cancel this policy by delivering It to us or to any of our authorized agenll or by sending us wrlnen notice stating when the future cancel. latlon will like effect. Cancellation will become ef- fective the date of delivery of the policy to us or the date requested by the first Named Insured. b. We may cancel this policy by mailing or deliver- Ing to the first Named Insured written notice of cancellation at laast: 111 Ten 1101 deys before the effective date of can- cellation If we cancel because of: (II) Nonpayment of premium whether: III Payable directly to us; or 1111 Payable to our agents or others un. der an Installment payment plan. premium finance plan. extension of credit or other payment plan; Page 8 of 15 No person or organization Is an Insured with respect to the conduct of a current or past pannershlp or Joint venture that Is not shown as a Named Insured In the Declaretions. ) SECTION IV - LIMIT OF INSURANCE 1. The Limit of Insurance shown In the Declarations end the rules below fix the most we will Indemnify regard- less of the number of: a. Insureds; b. "Claims" mede or "suits" brought; or c. Persons or organizations making "claims" or bringing "suits." 2. The Policy Aggregate limit Is the most we will pay for: II. All "ultimate net loss" under Coverage A and Covarage B combined. except the "ultimate net loss" because of an Injury or damage arising from the "automobile hazard!' b. Each "occurrence" with regard to "ultimate net loss" because of en injury or damage due to the HautomoLlle hlllllrd." 3. If the Limit of Insurance Is paid prior to this policy's ter. mlnation date for losses other than losses due to the "automobile hazard:' this policy's premium is fully earned, ) 4, The Limits of Insurance epplies separately to each con- secutive annual period, and to any remaining period CG80281088 -.~-- - ,. Ibl A bankruptcy or debtor relief proceeding Notice of an "occurrence" or an "offense"la "ot brought by you or against you; or notice of a "claim." 121 Thirty 1301 daya before the effective dala of b. If a "clalm"ls made or a "suit" Is brought against cancellation If we cancel for any other reason, an Insured. you must: t c. We will mall or deliver our notice to Ihe first 111 Immediately record the specifics of the Named Insured's last mailing address known to "claim" and the date recelwd; and us, 121 Notify us as soon as pnlctlcable, d. Notice of cancellation will state the effective dSle of cancellstlon, The policy period will end on that You must see to It that we receive written notice date, of the "claim" or the "suit" as lOon as prectlcable. e. If this policy Is cancelled, we will aend the finlt c. You and all other Insureds Involved In auch "claim" Named Insured any premium refund due. If we or .."Iuft" mUlt: - cancel. the refund will be pro nlta. If the first Named Insured cancels, the refund may be lell 111 Immediately send us copies of any demands. than pro nlta. The cancellation will be effective notices. summonses or legal papenl receive:! 8'l8n If we h8'18 not made or offered a refund of un. In connection with the "claim" or the "suit"; earned premium. 121 Authorize us to obtain records and other In- f. If notice Is mallad. proof of mailing will be suffl. formation: clent proof of notice, 131 Cooperate with us In the In\l8ltlgatlon. settle- 4. Changes ment or defense of the "claim" or the "suit"; and This policy contains all the agreements between you and us concerning this Insurance. The flm Named In. 141 Assist us, upon our request. In the enforce. sured Is authorized to make changes In the terms of ment of any right against any person or or. this policy with our consent. This pollcy's terms can ganlzetlon which may be liable to the Insured be amended or waived only by endorsement Issued by because of Injury or damage to which this In. us and made a part of this policy. We shall not be surance may also apply. ) bound by an alllgnment of Interest by an Insured un- 1811 our consent to such assignment Is endorsed onto d. No Insureds will. exceptatthelrown cost, volun. this policy. tarily make a payment. allume an obligation, or Incur an expense without our consent. 5. Duties In The Ewnt Of Occurrence, Claim Or Suit. 6. Examination of Your Booke and Records e. You must sae to It that we or our authorized rapresentative are notified as soon as practicable We may examine and audit your books and records as of: they relate to this policy at any time during the policy period and up to three yeanlaherward. 111 An "occurrence" which may result In a "claim" under Coverage A; or 7. Inspections and Surveya 121 An "offense" which may result In a "claim" We have the right but are not obligated to: under Coverage B of this policy. II. Make Inspections end surveys at any time; To the extent possible. notice should Include: b. Glw you raporta on the conditions we find; and 111 How, when and where the "occurrence" or al- leged "offense" took place: c. Recommend changes. 121 The Insured's name and address: Any inspections. swveys.18pOrta or I8COIM18Ildatlona we make relate only to inaurablllty and the premiums 131 The names and addresses of any Injured per. to be charged. We do not make safety Inspect/ons. We sons and witnesses: and do not undertake to perform the duty of any person or organization to provide for the health or safety of wor. 141 The nature and location of any Injury or kers or the public. And we do not warrant that con. damage arising out of the "occurrence" or dltions: )) "offense," CG 80 28 to sa Page 9 of 15 .,,-.. I' , a. Are aale or healthful; or b. Comply with lawaf regulationa, codes or standsrds, This condition applias not only to us. but also to any rating. advisory, rate service or similar organization which makes insurance Inspections, surveys, repons or recommendstlons on our behall, 8. legal Action Against Us No person or orgsnizatlon has a right under this policy: a. To foln us as a pany or otherwise bring us Into a "suit" asking lor damages from an Insured; or - b. To sue us undar this policy unless all of Its terms have been fully complied with, A person or organization may sue us to recover on en agreed settlement or on e final judgement against an Insured obtained after an actual trial; but we will not be liable for damagas: a. That are notindemnifiable under the terms of this policy; or b. That are In excess of the applicable limit of In, surance. )) An agreed senlement means a senlement and release of liability signed by us. the Insuretl and the claimant or the claimant's legal representative. 9. Maintenance of Underlying Insurance You must keep the "underlying Insurance" described In the Schedule of Underlying Insurance of this poli- cy In fulllorce and effect during the policy period 01 this policy. This includes renewals or replacement poli- cies not more restrictive In terms and conditions. The Umitsollnsurance must be maintained without reduc. tlon other than by payment of losses covered thereun. der. You must also Inform us within 30 days of: a. Any cancellation of any policy of "underlying in. surance"; or b. Replacement of any policy 01 "underlying Insur- ance" by the "underlying Insurer" or any other Insurer. Your failure to comply with the foregoing shall not in. validate this policy; but, in the event of such failure, we will be liable under this policy only to the extent that we would have been liable had you complied with these obligations, ) CG 80281088 You must notify us Immediately of any changes to the terms 01 any "underlying Insurance" policies. We may make adjustment of premium charges under this policy from the effective date 01 such changes to the terms of any "underlying Insurance" policies. 10. Other Insurance If other valid and collectible Insurance Is available to the Insured lor "ultimate net loss" we cover under this policy. our obligations under this policy are limited as follows: a. Excess Insurance ThisJilsurance is excess over any other Insurance. whelher primary, excess, contingent or on eny other basis, except such Insurance as Is apeclflcal- Iy purchased to epply In excess of this policy's Umlt of Insurance. We will pay only our share of the amount of "ulti- mate net loss." If any. that exceeds the sum of: 111 The total amount that all such other Insurance would pay for the loss in the absence of this insurance; and 121 The total of all deductible and self-insured amounts under this or any other Insurance. b. We will have no duty under Coverages A or B to defend any "claim" or "suit" that any other insurer hase duty to defend. If no other inaurerdefenda. we may undertake to do so, but we will be entitled to the insured's right egalnst all other Inaurera. 11. Premium Audit a. We will compute all premiums for this policy In ac- cordance with our rules end rates. b. The premium shown In this policy as advance premium Is e deposit premium only. At the close of each audit period, we will compute the aamed premium for that period. Audit premiums are due and payable on notice to the first Named Insured. If the sum of the advance end audit premiums paid for the policy term Is greeter than the eamed premium, we will return the excelS to the first Nemed Insured. There will be no retum If such eu. dit premium Is iess than the Minimum Premium shown in the Declarations. c. The first Named Insured must keep records 01 the information we need for premium computation. and send us copies at such times es we may request. Page 10 of 15 " ..- ." I, - - ..----.-.---.- --, 12. Premiums then to reimbunse us for eny Indemnity hereunder; end lestly to reimbunse such interests (including the in- sured) as to which this policy Is excess. as are entitled to the residue. If any. When we esslst in punsuit of the Insured's rights of recovery. resulting reasonable expenses shell be ap. ponioned among all Interests In the ratio of their respectiva losses for which recovery Is lOught. If there should be no recovery es e result of proceed. Ings Instituted solely as our request. we shall bear ali expenses of such proceedings. 17. Transfer of Your Rights and Duties Under This Policy The finst Named Insured shown In the Declarations: a. Is responsible for the payment of all premiums: and b. Will be the payee for any return pramiums we pay. 13. Representations By accepting this policy. you agree that: a. The Informstlon shown in the Declarations Is ac. curate and complete: - b. The Information Is based upon representations you made to us In your applicatlonlsl for this policy; c. We have Issued this policy in reliance upon your representations; and If you die, your rights and duties will be transferred to your legal representative but only while acting within the scope of duties as such. Until your legal represen. tatlve is appointed. anyone having proper temporary custody of your property will have your rights and duties but only with respect to that property. 18. When Wa Do Not Renew - Your rlghlS and duties under this policy may not be transferred without our written consent except In the case of death of en Individual Named Insured. d. Thatthls policy Is void In any case offraud by you relating to it. It Is also void If you intentlonaliy con. ceal or misrepresent any material facts concern. Ing this policy In your application for this policy or otherwise. 14. Separation of Insureds Except with respect to the Limits of Insurance, and eny rights or duties specifically essigned to the first Named Insured. this Insurance applies: a. As If each Named Insured were the only Named Insured; and b. Separately to each insured against whom a "claim" Is made or a "suit" Is brought. We may non.renew this policy by mailing to the finst Named Insured written notice of the non-renewal at least 30 days before the expiration date of this policy, If notice Is mailed. proof of mailing will be sufficient proof of notice. 19. When We Intend to Pay a Loss Our liability for any ponlon of "ultimate net loss" shali not apply until the Insured or an "underlying Insurer" shall be obligated to pay the "retained limit:' When "ultimate net loss" has been determined. the Insured may make claim for Indemnity underthls policy as soon as practicable. Such Insured's obligation to pay any amount of "ultimate net loss" shall have been finally determined: 15. Sola Agent The Named Insured flnst shown In the Declarations is authorized to act on behalf of all Insureds with respect to giving or receiving notice of cancellation. receiving refunds. and agreeing to any changes In this policy. 16. Transfer Of Rights Of Recovery Against Others To Us If the insured has rights to recover all or pan of any In- demnification we have made under this policy. those rights are transferred to us. The insured must do noth. Ing aher loss to Impair them. At our request. the In. sured W111 bring "suit" or transfer those rights to us and help us enforce them. Any recoveries shall be applied first to reimburse any Interests (including the insuredl that may have paid any amounts In excess of our liability under this policy; a. By judgment against the Insured aher actual tri- al; or b. Bywritten agreement of the Insured, the claimant and us, 20. Your Right to Claim and Occurrence Information We will provide the first Named Insured the fOllOWing information relating to this and any preceding com. mercial excess policy we have issued to you during the previous three years: CG 80281088 Page 11 of 15 .", J )) . I. A list or othlr record of Ilch "occurrence" or "offense," not previously reported to eny other in. surer, of which we were notified In eccordence with paragraph 5,e. of this section. We will Include the date and brief description Ilf the "occurrence" or tha "offe'nse" If thet information wesln the no, tlce we received. b. A summary by policy veer of Indemnity amounts peld and amounts reserved stated seperately un' der any appllceble policy "aggregete limit." Amounts reserved ere besed on our judgement. They are subject to change end should not be regarded as ultimate settlement values. _ If we cancel or elect not to renew this policy. we will provide such Information not later than 30 dava before the date of policy termination, In other circumstances. we will provide this Information only If we receive a written request from the first Named Insured within 60 dava after the end of the policy period. In this case, we will provide this information within 45 days of receipt of the request, ) We compile "claim" and "occurrence" Information for our own business purposes and exercise reasonable care in doing so, In providing this Information to the first Named Insured, we make no representetlons or werrantles to Insureds, Insurers, or others to whom this Information Is furnished by or on behalf of any Insured. Cancellation or non.renewal will be effective even if we Inedvertently provide Ineccurate Information. SECTION VI . DEFINITIONS 1. "Advertising injury" means injury caused by one or more of the following "offenses": a. Oral or written publication of material that: (1) Slanders or libels a person or organization: 121 Disparages a person's or organization's goods. products or services; or (31 Violates a person's right of privacy: b. Misappropriation of advertising ideas or style of doing business: or c. Infringement of copyright, title or slogan. 2. "Aircraft" means any heevier.than.air or IIghter.than. air vehicle designed to travel principally in the air to transport persons or property. "Aircraft" does not mean hovercraft. "Aircraft" does not Include any ve- hicle or device specifically designed for travel or use outside the Earth's atmosphere, ) CG80281088 3, "Aggregate limit" means the maximum Imount IIUlt- ed In the policy for which the Insurer will be liable, regardless of the number of covered "claims!' 4. "Auto" meane a land motor vehicle. trailer or semi- trailer designed for travel on public roada, Including at. teched machinery or equloment. But "auto" don not include "mobile equipment." 6. "Automobile hazard" means liability due to tha owner. ship, use, or "loading or unloading" of any "autO:' 6. "Bodily injury" means bodily Injury, sickness, disease. shock, fright. mental injury or disability sUllUlined by a natural person, and Includes death from any of these at any tlm'!: 7. "Claim" means: a. Any demend upon the insured for damagas; or b. The service of "suit" papers or arbitration proceedings alleging liability of the insured Due to an "occurrence" or "offense" which mayor may not be covered by this policy. "Claim" doas not Include reporta of accidents. or "occumlnces:' or any acta. errors, "offenses" or omissions which may give rise to a "claim!' 8. "Coverage territory" means anywhere in tha world If the Insured's responsibility to pay damages is detar- mined In a "suit" on the merits, In the UnIted States of America (Including its territorleaend poasesslons), Puerto Rico end Cenada or In e settlement we Igree to. 9. "Impaired property" melns tangible property. other thin "your product" or "your work:' thet cannot be used or is less useful because: I. It incorporates "your product" or "your work" that Is known or thoughtto 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 removel of "your product" or "your work": or b. Your fulfilling the terms of the contract or egreement. Page 12 of 15 CG802810B8 Paga 13 of 15 . . . (11 Equipment designed 'Jrimarily for: leI Snow removal; ) - Ibl Road maintenance. but not construction or resurfacing; lcl Street cleaning; (21 Cherry pltkers and similar devices mounted on eutomobile or truck chassis and used to relse or lower workers; and - 131 Air compressors, pumps and generetors, in- cluding spraying, welding, building cleaning. geophysical exploration. lighting and well ser- vicing equipment. 13. "Occurrence" means: a. With respect to "bodily Injury" or "property damage:' an accident. Including continuous or repeated exposure to substantially the same general harmful conditions; or b. With respect to employees of the Named Insured, "bodily Injury" caused by accident or disease. 14. "Offensa" means any of the offenses Included in the definitions of "advenislng Injury" or "personal Injury," J 15, "Personal Injury" means injury. other than "bodily In. jury:' caused by one or more of the following "offenses": a. False arrest, detention or imprisonment; b. Malicious prosecution; c. Wrongful entry into, or eviction of a person from, a room. dwelling or premises that the parson oc. cupies; d. Oral or wrinen publication of material that: 111 Slanders or libels a person or organization; (21 Disparages a person's or organlzation'a goods, products or services; or 131 Vloletes e person's right of privacy, 16. a. "Products-completed operations hezard" in. cludes all "bodily injury" end "proparty damage" occurring away from premlsea you own or rent and caused by "your product" or "your work" except: ) 111 Products that are still in your physical posses- sion; or CG BO 28 1088 121 Work that has not yet been completed or abandoned. b. "Your work" will be deemed completed al the earliest of the following times: 111 When all of the work called for in your con- tract has been completed. 121 When all of the work to be done at the sita has been completed if your contract calls for work at more than one site. 131 Whan that pan of the work done at a job site had been put to Its Intended use by any per- SOil or organization other than another con- trector or subcontractor working on the same prOject. Work that may need service. maintenance. correc- tion, repair or replacament, but which Is otherwise complete. will be treated as completed. c. This hazard does not Include "bodily Injury" or "property damage" caused by: 111 The transponation of property, unless thllln- jury or damage arises out of a condition In or on a vehicle created by the "loading or un- loading" of It; 121 The existence of tools, unlnatalled equipment or abandoned or unused materials; 17. "Pre-judgement Interest" means Interest added to a senlement. verdict. award or judgement based on the amount oftime prior to the senlement, verdict. awerd or Judgement whether or not made pan of the settle- ment, verdict, awerd or judgement. 18. "Property damage" means: a. Physical Injury to tangible property, Including all resulting loss of use of that property; or b. Loss of use of tangible property that Is not physi- cally Injured. 19. "Retained limit" means the greater of: a. That amount of "undarlylng Insurance" applica- ble to a "claim" or a "suit." whether such "under- lying Insurance" Is collectable or not; or b. Tha amount of "self Insured retention" as shown In the Declarations of this policy. 20. "Self insured retention" maans the dollar amount stat- ed on the Declarations Page. Page 14 of 15 I' ,. ,- . 21. "Suit" meanu civil proceeding In which damages be. cause of "advenislng Injury," "bodily Injury," "parsonal Injury" or "property damage"to which this Insuranco appllas are alleged. "Suit" Includas an arbitration proceeding alleging such damages to which you mlist submit or submit with our consent, 22. "Ultimate net 10.... means the total amount of damagas for which thalnsured Islagally liable In pay. ment of "bodily InJury," "property damage," "personal Injury," or "advenlalng InJury," "Ultimate net loss" may be established by adjudication. arbitration. or a com. promise sanlement to which we have previously agreed In writing. "Ultimata net loss" shall ba reducad by any recoveries or salva gas which have baan paid or will be collected; but tha amount of "ultimate net loss" shall notlncluda any axpenseslncurred by any Insured, - by us or by any "undarlylng Insurar." 23. "Underlylng Insurance" means the coveragelslafford- ed under Insurance pollclea daslgnated In the Sched- ule of Underlying Insurance of this policy. "Underlying Insurance" also Includes any other Insurance availabla to the insured. axcept such Insurance es mey be pur- chased to apply spaciflcally In excess of this policy. 24. "Underlying Insurer" maans a compeny Issuing a poli- cy of "undarlying Insurance," 25. "Watercraft" means a vehicle designed to travel prln. cipally on or under water. "Watercraft.. Includes hovercraft. 28. "Your product" means: CG80281088 < a. Any goods or products, other than real property, manufactured, sold, handled, dlstributad or di. sposed of by: 111 You; (21 Others trading under your name; or 131 A person or organization whosa business or all8ts you have acquired; and b. Containers (other than vehicles I, materials, pans or equipment furnished In connection with such goods or producta. "Your product" includas warranties or repraentatlons made aUny time with respect to the fltne... quality, durabilitY or parformance of any of the itemslnclud. ed In a. and b. abova. "Your product" does not Includa vending machines or other property rented to or located for the use of others but not sold. Xl. "Your work" means: e. Work or operations performed by you or on your behalf; and b. Materials. pans or equipment furnished In con. nectlon with such work or operations. "Your work" Includas warranties or representations made at any time with respect to the fltn8ll. quality. durability or parformance of any of the itema Includ. ed In a. or b. above. Page 16 of 16 ,....' . ) ) ) ~, ,. CERTIFICATE OF SERVICE AND NOW, this ~~ of (J-t)FLiJ.... t7 ,199~ I, Coleen M. Hartman, of the law firm of Thomas, Thomas & Hafer, hereby certify that I sent a lnie and correct copy of the foregoing document by placing a copy of the same in the United States Mail, first class, postage prepaid, to the following: William P. Douglas, Esquire Douglas, Douglas & Douglas 27 West High Street POB 261 Carlisle, PA 17013 (]O, iJ~ Coleen M. Hartman , '4";, ..... '.. - f- , . r-: r~-. . lUr- . - . ,'..... " .~~ 0', -..1::' Eft ,'-. gr; ".' ~:i " f"') ; " I " " . . u'1'"' C'~: Et'. c:' -1tG r: L' ;w- Lc. 'l,. '-"} ::) U 0. U . '. >. L") I .. - lU' <,' I I. ~ f. I .f (.' ( I' , ~ I " "-:~l r I.. I .' , C' (; I 'J . . . 1'<')11''''0,' ..,. . C^RU~L... PLtHl',VlVMlIA 110U-OlIll ., AUOlwn ,ou ""l HIll' H' NI:,lltIPlll TO Illl " WlIlIflN HI'.I'UI\I~1 f') !Ill 1'1<:10',111 ",fH'1II Twl tUlUO. l'lA'I'S rHOM !., H\ller :'~:j. ~~~,:" M"~"" ., V ~ .1~Nh DOUGLAS. DOUGLAS 6. DOUGLA5 ",,,"","-,,,,,,. WI 00 III HI llf LIIlII', lilA' IIU WIIIII... ,..." IHut ANO r.r:nnu ct CO'" or Tilt OHIGINAl Jill 0 IN lltl~ ,I,(;1I0N, .. .TIOIHH'f',olll~W . r WILLIAM P. DOUGLAS, ESQUIRE ATIY. I,D. #37926 DOUGLAS, DOUGLAS &: DOUGLAS 27 WEST HIGH STREET P.O. BOX 261 CARUSLE,PA.17013 717.243.1790 , ATIORNEY FOR LARRY LEE DEFENDANTS . THE OHIO CASUALTY INSURANCE : IN THE COURT OF COMMON PLEAS COMPANY : OFCUMBERLANDCOUNTY,PA. v. : CIVIL AcrION. EQUITY LARRY LEE; LEE ASSOCIATES, INC., : NO. 96.327 EQUITY TERM and LARRY LEE d/b/a LEE ASSOCIATES, INC., : JURY TRIAL DEMANDED ANSWER WITH NEW MATIER 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted. 7. Admitted. The vehicle was owned by Larry Lee &: Associates, Inc. 8. Denied as a legal conclusion to which no response is necessary. 9. Denied as a legal conclusion to which no response is necessary. 10. Denied. The policy speaks for itself. The policy speaks for itself. 11. Denied. . ~':-j""'~.i . 12. Denied. Larry Lee Associates, Inc. did not Intentionally misrepresent or Intentionally conceal the ownership of the motor vehicle In their application for Insurance. 13. Denied. The polley speaks for Itself. 14. Denied. The answer to paragraph 12 Is Incorporated herein and reference Is made thereto. 15. Denied. Larry Lee Associates, Inc., did not Intentionally conceal or Intentionally misrepresent the ownership of motor vehicles. 16, Denied. The answer to paragraph 15 Is Incorporated herein and reference Is made thereto. 17. Denied. The defendant, Larry Lee Associates, Inc., at no time Intentionally misrepresented or Intentionally concealed the ownership of motor vehicles. 18. Denied. No facts were Intentionally concealed, Intentionally misrepresented, or fraudulently misrepresented. As to being material to the risk being Insured, that Is denied and strict proof thereof Is demanded. 19. Denied, It Is denied that Larry Lee Associates, Inc., Intentionally concealed, intentionally misrepresented or fraudulently misrepresented. The remainder of the averment is denied and strict proof thereof Is demanded. 20. Denied as a legal conclusion to which no response is necessary. 21. Denied as a legal conclusion to which no response is necessary. 22. Denied as an Incorrect Interpretation of the contract. 23. Denied. NEW MAITER I I i I , j '(-,.,'(- t 24. The plaintiff's claims are barred by the doctrine of laches. 25. The plaintiff's claims are barred by the doctrine of estoppel. 26. The plaintiff's claims are barred by the doctrine of waiver. 27. The plaintiff's claims are barred by the statute of frauds. 28. The plaintiff's claims are barred by the statute of limitations. 29. The policy In question Is ambiguous, and all ambiguities are decided against the writer of said policy. WHEREFORE, It is prayed that the complaint of The Ohio Casualty Insurance Company be dismissed. DOUGLAS, DOUGLAS & DOUGLAS By Attorney for Larry Lee Defend " COMMONWEALTH OF PENNSYLVANIA ) Larry V. Lee, being duly sworn according to law, deposes and says that the averments of the within pleading are true and correct, to the best of affiant's knowledge, information, and belief. COUNTY OF CUMBERLAND Sworn to and subscribed before me this l:A' ~ day of -Ala l'tI, .1996. clo m rl '/}1 ,~~, /1 Notary NOTARIAL SEAL JANET M.LAY NOTARY PUBUC CARUSlE BORG,. CUMBERlAND COUN1Y MY COMMISSION EXPIRES JUNE 26. 1999 1/ /10/' , /tarry V. 55. ) ~'", ,-. ,. THE OHIO CASUALTY INSURANCE : IN THE COURT OF COMMON PLEAS COMPANY : OFCUMBERLANDCOUNTY,PA. v. : CIVIL ACl'ION . EQUITY LARRY LEE; LEE ASSOCIATES, INC., : NO. 96.327 EQUITY TERM and LARRY LEE d/b/a LEE ASSOCIATES, INC. : JURY TRIAL DEMANDED CERTIFICATE OF SERVICE It is hereby certified that a copy of the Answer With New Matter was sent to the following, by regular mail, postage prepaid, on March 13, 1996: Douglas B. Marcello, Esquire Thomas, Thomas & Hafer 305 North Front Street P.O. Box 999 Harrisburg, Pa. 17108 Attorney for Ohio Casualty DOUGLAS, DOUGLAS & DOUGLAS By William P. Douglas, Esquire Atty. I,D. # 37926 27 West High Street P.O. Box 261 Carlisle, Pa. 17013 717-243-1790 Attorney for Larry Lee Defendants . c-, , I' , <:.: , ( , f< . ( , I : , I " . ; i , , . " ... ~ ~ t; D to !i ... 0 ~ ~ E \/I .. ~ ~ !i .. ... .. Cl i M d ;.. 0 a: ... II :> Q ~ % 0 II ~ E .. III a: '" ii ~ 0 a: ~ z . oi III % 0 ~ ... Q ~ . . . TU. OUIO CASUALTY INSURAHCB COMPUlY, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 96-327 EQUITY TERM CIVIL ACTION - EQUITY va. LARRY LB.; LB. ASSOCIATES, INC., aDd LARRY LEE d/b/a LB. ASSOCIATBS, INC., DefeDdaDt JURY TRIAL DEMANDED ANSWER TO NEW MATTER 33. Denied. The averments of paragraph #33 state a conclusion of law to which no responsive pleading is required. In the alternative, the averments are denied and proof is demanded at time of trial. 34. Denied. The averments of paragraph #34 state a conclusion of law to which no responsive pleading is required. In the alternative, the averments are denied and proof is demanded at time of trial. 35. Denied. The averments of paragraph #35 state a conclusion of law to which no responsive pleading is required. In the alternative, the averments are denied and proof is demanded at time of trial. 36. Denied. The averments of paragraph #36 state a conclusion of law to which no responsive pleading is required. In the alternative, the averments are denied and proof is demanded at time of trial. 37. Denied. The averments of paragraph #37 state a conclusion of law to which no responsive pleading is required. In . the alternative, the averments are denied and proof is demanded at time of trial. 38. Denied. The averments of paragraph #38 state a conclusion of law to which no responsive pleading is required. In the alternative, the averments are denied and proof is demanded at time of trial. THOMAS, THOMAS & HAFER By: l Dougl Atto ey I.D. No. 36510 305 North Front Street P.O. Box 999 Harrisburg, Pennsylvania 17108 (717) 255-7238 Attorney for Plaintiff VERIFICATION I, WILLIAM F. JOHANSEN, state that I am familiar with the facts and allegations set forth in the foregoing document. I have read the foregoing document and hereby affirm that it is true and correct to the best of my personal knowledge, information and belief. This Verification is made pursuant to 18 Pa.C.S. 54904 relating to unsworn falsification to authorities. DATED: .e6 J I. 'It /: ,~/ .&{ , I WILL~ F. JOHANSEN " !"'. (If' ~4> I /jr ,(' '('<,,~f;'?;, .9 ~.96' t. ~ 1/;(1" ,J~., v (''I' (,)"I.~ ,...... ~.^ (J '''/' . CERTIFICATE OF SERVICE AIID HOW, this J,~ day of April, 1996, I, Coleen M. Hartman, of the law firm of Thomas, Thomas & Hafer, hereby certify that I sent a true and correct copy of the foregoing document by placing a copy of the same in the United states Mail, first class, postage prepaid, to the following: William P. Douglas, Esquire Douglas, Douglas & Douglas 27 West High street P.O. Box 261 Carlisle, Pennsylvania 17013 0h.C.--J11 'Ii!'::! Coleen M. Hartman " "M.";~. ...... .'.. . THE OHIO CASUALTY INSURANCE COMPANY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 96-327 LARRY LEE; LEE ASSOCIATES, INC.,: CIVIL ACTION - EQUITY and LARRY LEE d/b/a LEE ASSOCIATES, INC., Defendant JURY TRIAL DEMANDED PRAECIPE TO THE PROTHONOTARY: Please mark the above-captioned matter settled, satisfied and discontinued. THOMAS, THOMAS & HAFER ? c:>~ .-- By: Doug as 0, Esquire Attorne I.D. No. 36510 305 Nor h Front Street P.O. Box 999 Harrisburg, PA 17108 (717) 255-7238 Attorney for Plaintiff " U'I ... i.... LJ- [., t { . ::~ {"", t': .' r~, ..c;,. . ("'- - ( \' '....1 ., ,. . ';~ ." ". Ii 1~1 L:' . ,. ,,:HJ.. , - l'. C:l -,) U "'. U -