insurer american bankers for coverage american bankers filed this dec action because it believes that the accident occurred off promises and coverage as a devotee obligations  not triggered the district court agreed and entered summary judgment finding that the policy at issue was a farmer's type policy and does not provide coverage for off premise activities there are three principal reasons why the district court's decision must be reversed the st is that the application of cot rules of contract construction established that the policy decoration provides c g l or commercial general i believe coverage to s f c secondly americans issuance of an additional insured indorsement to the cane county fairgrounds provide conclusive evidence that america not only new but intended to provide coverage or as it sees off campus activities and finally own l a law looks when considering a few jail policy at the expectations of the insured that his ordinary business risks will in fact be covered and less the insurer provides provides express and prominent exclusion of that coverage and that expectation turning to the st point and only law tells courts to look at the entire policy documents not just one part or another here the policy documents consist of seventy two dollars pages including the policy decorations standard forms endorsements and exclusions the policy declarations are the st three pages they're typewritten customized and expressly state that all risks associated with s s c c western business operations will have commercial general i believe coverage and specifically states at writing that academies are covered with additional premium cost of over two thousand dollars now than just record adopted americans argument that the policy declaration was nothing more than an underwriting tool to establish premiums now so establishing that the policy decorations are relevant and we have the issue of well it conflicts with the standard our promises form it has its limitation again rules of contract construction establish that where you have typewritten customized provisions like here saying your question business operations are covered and then later this case fifty seven pages later a preprinted form intended for a rain farmer say that hey the coverage is limited to your premises as well that these type of customized provisions must prevail now let me have the nd point american says well even if that's true we don't have coverage so unless as if he is operating at the fairgrounds there can be absolutely no reason to issue the endorsement so by issuing the endorsement american clearly knew that she was operating outside of its under the trail riding normally includes writing off promises does it not right you're up a trail riding certainly would be off promises and again it would be quite expected if you're running a horse center that you're going to have off premise activities and that to suggest that they want to cover is limited or expected cover is limited really doesn't make any sense and makes sense that american had no idea that there would be off promised liabilities associated with the business that both parties knew what to write even ones in other words that's the kind of thing that they did this study was normally did right do understand your position correct yes your honor that is correct under that maxim that if you exclude one thing you implicitly include the other so you're saying we're not going to cover you if you're using a golf cart off premises if it's used recreationally the maximum provide well then you must have maps to provide coverage if it is used for business purpose see a property policy that includes limiting liability coverage for bodily injury arising out of the ownership maintenance or use of designated insurance premises or out of operations necessary or incidental to those pro coverage refers to non exposures you know quote non exposures and listeners activities or maybe no mention of one site versus off site activit why shouldn't we construe this language against the insurer and say that it covers all injuries arising from the known identified from risks regardless of where they occur to the one side activities if if that was the intent i mean it doesn't strike me it doesn't strike me as unusual that a business like this conjunction with the the substance of forms and doris mr comprise the policy so your honor is the declarations are absolutely an important part of the colts you provide these important details such as the bankers here it is functionally a property policy you provides liability coverage limited to the on premises risks associated with this location and the reality is that if he had the option choose to purchase a commercial general i believe also and instead that they purchased this farmers all see that which functions much more similarly to a homeowner's policy that your honour's may be familiar with with the property coverage and the liability coverage associated with these on premises risks so your honour's for a business like this taints a horse farm and maintains stables and riding clubs on the premises it's entirely reasonable that they might anticipate that they're going includes this liability coverage part but the reality is this just isn't a general commercial liability policy that's designed to cover all all of the business operations of s s c which was a product available to and compete with their horses and that sort of thing is that my understanding which you're talking about the premises meeting the where the horses are have the stalls and pastures and what have you versus where you go somewhere else or some type of other event yes you are that's precisely have to be ensuring agreement of the liability coverage in this policy conditions coverage of the only injury arising out of insured premises designated offense occurred at the fairgrounds the reality here is that the endorsement amends the definition of insure so it might provide coverage to the fairgrounds as an insured entity but that has no effect on the insurance premises requirement which is a different defined term that must be implicated for coverage to arise and ensuring remains thank you thank you  honor i think what we heard again is that according to american policies are to be interpreted based on the insurance company's expectations of not providing coverage to liability coverage for all business wrist and looping writing clubs and a cat now if you look at dash rice and crop they will not allow american fifty seven pages later in preprinted form design for rain farmers to take the coverage away that is exactly what wastes said and dash where the insurance company did the same thing they had indorsement at the end of the policy taking away limited coverage to the insured promises so it is kind of difficult to imagine how as if he did not think they had purchased commercial ability coverage but on page three box that said check this box if you don't want commercial liability coverage the box isn't shot premiums are charged for writing flubs and they're saying too bad they should've gone fifty seven dollars pages later in the boilerplate and realized we were just sitting here so i think when you look at the case law you look at this this insured the additional insured indorsement how in the world and you issue that and say you had no idea that they operated