EXHIBIT

"A"

COMPOSITE

Case 1:20-cv-22055-CMA Document 1-2 Entered on FLSD Docket 05/15/2020 Page 1 of 104
III II OII II IID II III II ID III II I II 

*20000095456* 

CEIILU FIN F IF 

JIJ\f\f \IRON1S 

ERIDA 

CAFE LA TROVA LLC CASE #: 

COURT: 

COUNTY: 

PLAINTIFF(S) DFS-SOP # 

VS 

20-7512 CA-01 

CIRCUIT COURT 

MIAMI-DADE 

20-000095456 

ASPEN SPECIALTY INSURANCE COMPANY 

DEFENDANT(S) 

/ 

SUMMONS, COMPLAINT 

NOTICE OF SERVICE OF PROCESS 

NOTICE IS HEREBY GIVEN of acceptance of Service of Process by the Chief Financial Officer of the 

State of Florida. Said process was received in my office by ELECTRONIC DELIVERY on Monday, 

April 13, 2020 and a copy was forwarded by ELECTRONIC DELIVERY on Wednesday, April 15, 2020 

to the designated agent for the named entity as shown below. 

ASPEN SPECIALTY INSURANCE COMPANY 

LYNETTE COLEMAN 

1201 HAYS STREET 

TALLAHASSEE, FL 32301 

*Our office will only serve the initial process(Summons and Complaint) or Subpoena and is not responsible 

for transmittal of any subsequent filings, pleadings, or documents unless otherwise ordered by the Court 

pursuant to Florida Rules of Civil Procedure, Rule #1.080 

Jimmy Patronis 

Chief Financial Officer 

LAUREN KAIN WHALEY 

ATTORNEY 

SOLOWSKY & ALLEN P.L. 

201 S. BISCAYNE BLVD. 

SUITE 915 0KG 

MIAMI, FL 33131 

Office of the General Counsel - Service of Process Section 

200 East Gaines Street - P.O. Box 6200- Tallahassee, FL 32314-6200 - (850)413-4200 

Case 1:20-cv-22055-CMA Document 1-2 Entered on FLSD Docket 05/15/2020 Page 2 of 104
Filing # 105790935 E-Filed 04/02/2020 02:14:12 PM 

Ii IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA. 

F IN THE COUNTY COURT IN AND FOR MIAMI-DADE COUNTY, FLORIDA. 

DIVISION 

IJ CIVIL n OTHER 

SUMMONS 20 DAY CORPORATE SERVICE 

CASE NUMBER 

U DISTRICTS 

(a) GENERAL FORMS 20 7512 CA 01 

PLAINTIFF(S) 

CAFÉ LA TROVA LLC, a Florida limited 

liability company, 

THE STATE OF FLORIDA: 

To Each Sheriff of the State: 

VS. DEFENDANT(S) 

ASPEN SPECIALTY INSURANCE 

COMPANY, a North Dakota 

corporation 

SERVICE 

YOU ARE COMMANDED to serve this summons and copy of the complaint or petition in this action on 

defendant(s): ASPEN SPECIALTY INSURANCE COMPANY 

C) 

40 C/o Florida Chief Financial Officer as PA b 

C) 

cs 200 Fast Gaines Street 

z 

Tallahassee, FL 32399-4201 CL 

'o Each defendant is required to serve written defense to the complaint or petition on 

z c to Plaintiffs Attorney: MASON A. PERTNOY, ESQ. 

wo 

awhose address is: Solowsky & Alien, P.L. 

201 S. Biscayne Boulevard, Citigroup Center - Snite 915 

LU 

co Miami, Florida 33131 Telephone: (305) 371-2223 

CD 

, within 20 days "Except when suit is brought pursuant to s. 768.28, Florida Statutes, if the State of Florida, one of its agencies, 

Co 

. or one of its officials or employees sued in his or her official capacity is a defendant, the time to respond shall be 40 days. 

When suit is brought pursuant to. 768.28, Florida Statutes, the time to respond shall be 30 days." after service of this summons 

' on that defendant, exclusive of the day of service, and to file the original of the defenses with the Clerk of this Clerk Court either before 

I— 0 W 

a service on Plaintiffs attorney or immediately thereafter. If a defendant fails to do so, a default will be entered against that defendant for 

Cl) the relief demanded in the complaint or petition. 

Wo DATE LU LL 

HARVEYRUVIN 

22429 4/13/2020 

Q CLERK of COURTS -' 

DEPUTY CLERK 

AMERICANS WITH DISABILITIES ACT OF 1990 

ADA NOTICE 

"If you are a person with a disability who needs any accommodation in order to 

participate in this proceeding, you are entitled, at no cost to you, to the provision of certain 

assistance. Please contact the Eleventh judicial Circuit Court's ADA Coordinator, Lawson 

E. Thomas Courthouse Center, 175 NW 1st Ave., Suite 2702, Miami, FL 33128, Telephone 

(305) 349-7175; TDD (305) 349-7174, Fax (305) 349-7355 at least 7 days before your 

scheduled court appearance, or immediately upon receiving this notification if the time 

before the scheduled appearance is less than 7 days; if you are hearing or voice impaired, 

call 711." 

CLK/CT. 314 Rev. 02/16 Clerks web address: www.miami-dadeclerk.com 

Case 1:20-cv-22055-CMA Document 1-2 Entered on FLSD Docket 05/15/2020 Page 3 of 104
Filing # 105697153 E-Filed 03/31/2020 05:13:06 PM 

IN THE CIRCUIT COURT OF THE 

ELEVENTH JUDICIAL CIRCUIT IN AND 

FOR MIAMI-DADE COUNTY, FLORIDA 

CIRCUIT CIVIL DIVISION 

CASE NO.: 

CAFÉ LA TROVA LLC, a Florida limited 

liability company, 

Plaintiff, 

V. 

ASPEN SPECIALTY INSURANCE 

COMPANY, a North Dakota corporation, 

Defendant. 

/ 

COMPLAINT 

Plaintiff, CAFÉ LA TROVA LLC, a Florida limited liability company ("Plaintiff' and 

"Café La Trova"), sues Defendant, ASPEN SPECIALTY INSURANCE COMPANY, a North 

Dakota corporation ("Defendant"), for declaratory relief and alleges as follows: 

PARTIES, JURISDICTION, AND VENUE 

1. Plaintiff, CAFÉ LA TROVA LLC, is a Florida limited liability company with its 

principal place of business in Miami-Dade County, Florida. 

2. Plaintiff owns, operates, manages, and/or controls the restaurant, Café La Trova, 

located at 971 SW 8th Street, Miami, FL 33130. 

3. Defendant, ASPEN SPECIALTY INSURANCE COMPANY, is a North Dakota 

corporation with its principal place of business in Rocky Hill, Connecticut. Defendant is 

authorized to do business and is doing business in Miami-Dade County, Florida. Defendant is 

transacting the business of insurance in the State of Florida and the basis of this suit arises out of 

such conduct. 

SoLowsKY & ALLEN, P.L. 

201 S. BISCAYNE BOULEVARD, CITIGROUIP CENTER - SUITE 915, MIAMI, FLORIDA 33131 TEL (305) 371-2223 

Case 1:20-cv-22055-CMA Document 1-2 Entered on FLSD Docket 05/15/2020 Page 4 of 104
4. This Court has jurisdiction over this action for declaratory relief pursuant to 

Chapter 86, Florida Statutes. 

5. In this case, Plaintiff is seeking a declaration finding that, inter al/a, the subject 

insurance policy provides insurance coverage for Plaintiff relating to loss due to recent events 

including but not limited to, the Coronavirus (COVID-19), and/or government closures. 

6. Pursuant to section 48.193, Florida Statutes, the Court has personal jurisdiction 

over Defendant because it is a non-resident entity that personally or through an agent contracted 

to insure a person, property, or risk located within the State of Florida at the time of contracting, 

and Defendant thereby submitted to the jurisdiction of the courts of the State of Florida for any 

cause of action arising from such contracting to insure. 

7. Venue is proper in this Court because the restaurant business and property at issue 

are located within the venue of this Court in Miami-Dade County, Florida, Plaintiff entered into 

the subject insurance policy in Miami-Dade County, Florida, the subject insurance policy provides 

insurance to Plaintiff and its property located in Miami-Dade County, Florida, and pursuant to the 

policy, the insured premise is located in Miami-Dade County, Florida. 

FACTS 

8. Defendant issued a Commercial Property Insurance Policy, bearing policy number 

Aspen Specialty Insurance Company Insurance Policy No. A137812920, with effective dates of 

January 10, 2020 through January 10, 2021 (the "Policy"). A true and correct copy of the Policy 

is attached hereto as Exhibit "A." 

9. Café La Trova restaurant is located at 971 SW 8th Street, Miami, FL 33130 (the 

"Property"), which address is listed as an insured premise under the Policy. 

10. Café La Trova is a world-renowned restaurant and bar. 

-2- 

SoLowsKY & ALLEN, P.L. 

201 S. BISCAYNE BOULEVARD, CITIGROUIP CENTER - SUITE 915, MIAMI, FLORIDA 33131 TEL (305) 371-2223 

Case 1:20-cv-22055-CMA Document 1-2 Entered on FLSD Docket 05/15/2020 Page 5 of 104
11. The chef of Café La Trova is Michelle Bernstein, a James Beard Award Winning 

Chef The restaurant serves a contemporary take on Cuban-styled dishes which are specially 

created and prepared by Michelle Bernstein. 

12. World-famous bartender Julio Cabrera is the bartender at Café La Trova. Julio 

Cabrera and his team of Cantineros bring to life a retro Cuba atmosphere with their artisanal, 

handcrafted cocktails. Julio Cabrera is the face of the Cantinero movement in the United States, 

and he is one of the most influential bartenders in the world. 

13. Café La Trova is open all three hundred and sixty-five days of the year. Café La 

Trova is open for lunch between the hours of 12:00 p.m. to 3:00 p.m. on Tuesday through Saturday; 

Café La Trova is open for dinner between the hours of 6:00 p.m. to 10:00 p.m. on Sunday, Monday, 

and Tuesday, 6:00 p.m. to 11:00 p.m. on Wednesday and Thursday, and 6:00 p.m. to 12:00 a.m. 

on Friday and Saturday; and Café La Trova is open for brunch between the hours of 11:00 a.m. to 

3:00 p.m. on Sunday. The Café La Trova bar is additionally open to 12:00 a.m. on SundayThursday, and to 2:00 a.m. on Friday-Saturday. 

14. Café La Trova presents live music nightly, seven nights a week. 

15. Plaintiff faithfully paid all Policy premiums to Defendant. 

16. The Policy is currently in full effect, providing commercial property coverage, 

improvements and betterments coverage, building and personal property coverage, business 

income and extra expense coverage, and additional coverages. 

17. The Policy provides for coverage for direct physical loss of or damage to covered 

property at the insured premise. 

18. The Policy provides coverage for direct physical loss unless the loss is excluded or 

limited in the Policy. 

-3- 

SoLowsKY & ALLEN, P.L. 

201 S. BISCAYNE BOULEVARD, CITIGROUIP CENTER - SUITE 915, MIAMI, FLORIDA 33131 TEL (305) 371-2223 

Case 1:20-cv-22055-CMA Document 1-2 Entered on FLSD Docket 05/15/2020 Page 6 of 104
19. The Policy does not provide any exclusion due to losses to business or property, 

caused by a virus or global pandemic. 

20. The City of Miami issued an order mandating that all Dine-in Restaurants and Bars 

(which includes Café La Trova) be closed effective as of March 17, 2020 at 11:59 p.m. On or 

about March 19, 2019, Miami-Dade County issued a similar order. As a direct and proximate result 

of the foregoing, Café La Trova has lost use of the Property and will continue to do so for the 

foreseeable future. 

21. Commencing on or about March 15, 2020, Café La Trova was subject to a business 

interruption, loss of service, and loss of use of the Property as a result of the Coronavirus (COVID19), and/or government closures. 

22. As a direct and proximate result of recent events including but not limited to, the 

Coronavirus (COVID-19), and/or government closures, Café La Trova lost use of the Property, 

the restaurant and bar business was interrupted, and business income was lost. 

23. Café La Trova's loss of use of the Property, interruption of the restaurant and bar 

business, and loss of business income, is continuing and will continue for the foreseeable future. 

24. At all material times, there is and has been direct physical loss of or damage to 

covered property at the insured premise caused by or resulting from any covered cause of loss. 

25. The Coronavirus (COVID-19) is highly contagious and it lingers in the air and on 

surfaces, thus impacting the physical use of the insured premise and causing direct physical loss. 

26. Café La Trova timely provided to Defendant notice of claim under all applicable 

provisions of the Policy. Specifically, on or about March 23, 2020, Café La Trova provided notice 

of claim to Defendant, as set forth in the letter attached hereto as Exhibit "B" (the "Claim") 

27. Defendant received the Claim submitted by Plaintiff on March 23, 2020. 

-4- 

SoLowsKY & ALLEN, P.L. 

201 S. BISCAYNE BOULEVARD, CITIGROUIP CENTER - SUITE 915, MIAMI, FLORIDA 33131 TEL (305) 371-2223 

Case 1:20-cv-22055-CMA Document 1-2 Entered on FLSD Docket 05/15/2020 Page 7 of 104
28. On March 24, 2020, Defendant's agent, Associated Claims Management, Inc., 

acknowledged receipt of the Claim and assigned "Aspen Claim No. AB1970088601" to the Claim. 

29. To date, Defendant has not paid the Claim submitted by Café La Trova. 

30. Due to the nature of Plaintiff's Claim submitted to Defendant, time is of the 

essence. Under the current circumstances, the prompt, orderly, and efficient payment of Plaintiff's 

Claim under the Policy is required. 

31. As a direct and proximate result of recent events including but not limited to, the 

Coronavirus (COVID-19), and/or government closures, Plaintiff has incurred, and continues to 

incur, a substantial loss of business income, additional expenses, loss of use of the Property, 

business interruption, property damage, perishable goods, and service interruption, covered under 

the Policy. 

32. Plaintiff seeks a declaratory judgment that the recent events including but not 

limited to, the Coronavirus (COVID-19), and/or government closures, have triggered coverage 

under the Policy because, inter al/a, the Policy does not have an exclusion for a viral pandemic. 

33. Plaintiff has engaged the undersigned counsel to represent it in this action and has 

agreed to pay a reasonable fee for the services rendered. Plaintiff seeks its attorneys' fees and 

costs pursuant to Fla. Stat. § 627.428. 

34. All conditions precedent to bringing this action have been performed, waived, 

satisfied, or have otherwise occurred. 

COUNT I - DECLARATORY RELIEF 

35. Plaintiff realleges and reasserts the allegations contained in Paragraphs 1 through 

34 as if fully set forth herein. 

36. Plaintiff seeks declaratory relief under Chapter 86, Florida Statutes. 

-5- 

SoLowsKY & ALLEN, P.L. 

201 S. BISCAYNE BOULEVARD, CITIGROUIP CENTER - SUITE 915, MIAMI, FLORIDA 33131 TEL (305) 371-2223 

Case 1:20-cv-22055-CMA Document 1-2 Entered on FLSD Docket 05/15/2020 Page 8 of 104
37. A current dispute exists between Plaintiff and Defendant as to whether the Policy 

provides coverage for Plaintiff due to recent events including but not limited to, the Coronavirus 

(COVID- 19), and/or government closures. 

38. The Policy fully and completely provides coverage for Plaintiff's Claim. 

39. Plaintiff is interested and/or in doubt about its rights under the Policy, therefore, 

Plaintiff seeks to obtain a declaration of its rights under the Policy. 

40. Plaintiff is interested and/or in doubt about its rights under the Policy, and seeks 

determination by the Court of a question of construction arising under the Policy and to obtain a 

declaration of Plaintiff's rights, status, or other equitable or legal relations under the Policy. 

41. There is a bona fide dispute between the parties and an actual, present and practical 

need for a declaration as to whether the Policy provides coverage for Plaintiff's Claim. 

WHEREFORE, Plaintiff CAFÉ LA TROVA LLC respectfully requests that this Court: 

enter a declaration finding that the Policy fully provides coverage for Plaintiff's Claim; award 

attorneys' fees and costs pursuant to Fla. Stat. §627.428 and applicable law; award costs pursuant 

to Fla. Stat. §86.081 and applicable law; and award any additional and further relief as the Court 

deems just, equitable, and proper. 

DEMAND FOR JURY TRIAL 

Plaintiff demands trial by jury for all issues so triable by right. 

Respectfully submitted, 

SoLowsKY & ALLEN, P.L. 

Attorneys for Plaintiff, 

CAFE LA TROVALLC 

201 S. Biscayne Boulevard 

Citigroup Center - Suite 915 

Miami, Florida 33131 

Telephone No. (305) 371-2223 

Facsimile No. (305) 373-2073 

-6- 

SoLowsKY & ALLEN, P.L. 

201 S. BISCAYNE BOULEVARD, CITIGROUIP CENTER - SUITE 915, MIAMI, FLORIDA 33131 TEL (305) 371-2223 

Case 1:20-cv-22055-CMA Document 1-2 Entered on FLSD Docket 05/15/2020 Page 9 of 104
Primary: mpertnoy@salawmiami. corn 

Email: mlopez(salawmiami . corn 

Email: lgardnersalawmiami.com 

Email: pleadings(salawmiami.com 

sl Mason A. Pertnoy 

MASON A. PERTNOY 

Florida Bar No. 18334 

-7- 

SoLowsKY & ALLEN, P.L. 

201 S. BISCAYNE BOULEVARD, CITIGROUIP CENTER - SUITE 915, MIAMI, FLORIDA 33131 TEL (305) 371-2223 

Case 1:20-cv-22055-CMA Document 1-2 Entered on FLSD Docket 05/15/2020 Page 10 of 104
EXHIBIT A 

Case 1:20-cv-22055-CMA Document 1-2 Entered on FLSD Docket 05/15/2020 Page 11 of 104
SCHEDULE OF FORMS 

Named Insured: 

Cafe La Trova LLC 

Policy Number: AB78 12920 

COMMON POLICY 

ASPPR011 07/07 Common Policy Declaration 

ASPPR035 02/05 General Pre-Existing Damage Exclusion 

ASPPR100 09/16 Policyholder's Guide to Reporting a Claim 

ASPC0002 07/15 General Service of Suit Notice 

ASPC098 02/13 ASIC Signature Letter 

IL0017 11/98 Common Policy Conditions 

IL0935 07/02 Exclusion of Certain Computer Related Losses 

IL0953 01/15 Exclusion of Certified Acts of Terrorism 

ASPPR174 04/18 Commercial Property Extension 

STATE 

CP0125 07/08 Florida Changes 

IL0255 03/16 Florida Changes-Cancellation and Nonrenewal 

COMMERCIAL PROPERTY 

ASPPR067 08/07 Commercial Property Part Declaration 

ASPPR068 08/07 Occurrence Limit of Liability 

ASPPREBDEC 00/00 Equipment Breakdown Declarations 

ASPPREB001 00/00 Equipment Breakdown Coverage Form 

ASPPRO03 02/04 Exclusion of War, Military Action and 

Terrorism 

ASPCO023 10/12 N/B/C/R Terrorism Exclusion 

ASPPR081 00/00 Seepage and Pollution Exclusion 

ASPPR082 10/14 Exterior Insulation and Finishing Systems 

Excl. Endt. 

ASPPR089 00/00 Exclusion and Limited Additional Coverage 

for Fungus 

CP0010 10/12 Building and Personal Property Coverage Form 

CP0030 10/12 Business Income and Extra Expense Coverage 

Form 

CP0090 07/88 Commercial Property Conditions 

CP1054 06/07 Windstorm or Hail Exclusion 

IH9910 12/05 Protective Safeguards 

AW 00/00 Alarm Warranty 

CP1030 10/12 Causes of Loss Special Form 

Case 1:20-cv-22055-CMA Document 1-2 Entered on FLSD Docket 05/15/2020 Page 12 of 104
Aspen Specialty Insurance Company 

Insured Name & Mailing Address: 

Common Policy Declarations 

ASPPRO1 1 07/07 

Broker Name & Mailing Address: 

Advanced E & S Group 

3250 North 29th Avenue 

Hollywood, Florida 33020 

Cafe La Trova LLC 

971 SW 8th Street 

Miami, FL 33130 

Policy Number: AB78 12920 Effective Date: 01/10/2020 12:01AM 

Business Description: Restaurant - Fine Dining 

Expiration Date: 01/10/2021 12:0 1AM 

Premium and Fee Summary: 

In return for the payment of the premium indicated below, and subject to all the terms of this policy, we 

agree to provide the insurance as stated in this policy. 

Coverage Premium Fees 

Commercial Property Coverage $2,775.00 

Inspection Fee $250.00 

Policy Fee $75.00 

Surplus Lines Tax $155.00 

Stamping Office Fee $3.10 

EMPA $4.00 

Minimum Retained Premium 25% 

Total Premium Due $3,262.10 

Coverage Forms Applicable: Coverage form schedule as more specifically outlined in Aspen 

Form ASPPR006, Schedule of Applicable Forms 

FLORIDA: This insurance issued pursuant to the Florida Surplus Lines Law. Persons insured by surplus lines 

carriers do not have the protection of the Florida Insurance Guaranty Act to the extent of any right of recovery 

for the obligation of an insolvent unlicensed insurer. 

Surplus Lines Broker Name: Harvey A. Sheldon 

Surplus Lines Broker Address: 3250 North 29th Avenue Hollywood, Florida 33020 

Surplus Lines Broker License No.: A240451 

Producing Agent: Brian Traino 

Address: 3250 N 29th Avenue 

Hollywood, FL 33020 

File# AB78 12920 Quarter: 1st 

Dated: 01/16/2020 Approval# A43840508439 (Authorized Representative) 

"Surplus Lines Insurer's Policy Rates and Forms are not Approved by any 

Florida Regulatory Agency." 

600 Atlantic Avenue 21st Fl Boston Massachusetts 02210 Phone 617-532-7300 Fax 617-532-7314 

Case 1:20-cv-22055-CMA Document 1-2 Entered on FLSD Docket 05/15/2020 Page 13 of 104
Aspen Specialty Insurance Company 

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. 

GENERAL PRE-EXISTING DAMAGE EXCLUSION 

ENDORSEMENT 

In consideration of the premium charged, it is agreed that: 

This policy does not cover any loss or damage directly or indirectly caused by, resulting from, or contributed by, in whole 

or in part, any pre-existing damage to the insured premise(s) existing at the time of the loss, including, but not limited to, 

any loss or damage caused by: 

1. Rain, wind, flood, hurricane or other weather-related incident; 

2. Excessive sun, heat or moisture damage, due to internal building temperature, improper ventilation, or other 

structural, internal, or external conditions; 

3. Insects, bugs, vermin or other animal pests, including termites, ants, bees, wasps, beetles, moths, fleas, spiders, 

rodents (rats and mice); or 

4. Any earth movement such as an earthquake, landslide, sinkhole or other earth sinking, rising or shifting. 

We will reduce any amount payable for loss under the policy if: 

1. The property was previously damaged prior to the effective date of this policy; or 

2. Payment was made for any previously damaged property that was not promptly repaired or replaced. 

We will reduce the amount payable for loss to the damaged property by the amount of previous damage or the amount 

paid for the previous damage. We will further reduce the amount payable for loss to other property by the amount of 

damage which arises out of or as a direct result of the previously damaged property. 

ALL OTHER TERMS, CONDITIONS AND EXCLUSIONS REMAIN UNCHANGED. 

ASPPR035 0205 2016 ©Aspen Insurance U.S. Services Inc. All rights reserved. Page 1 of 1 

Case 1:20-cv-22055-CMA Document 1-2 Entered on FLSD Docket 05/15/2020 Page 14 of 104
POLICYHOLDER'S GUIDE TO REPORTING A PROPERTY 

CLAIM 

A. At the time when you are aware of an event that will give rise to the need to report a claim on your own behalf 

(1st Party Property Claims), please be sure to quickly report the matter to both your agent/broker and Aspen 

Specialty Insurance Management Company. Be sure to include your policy number and the name of the insured 

as it is stated on the policy. 

B. New claims can be reported to Aspen Specialty Insurance Company as follows: 

1. By Mail: Aspen Specialty Insurance Company 

c/o Aspen Specialty Insurance Management Company 

Claims Department 

125 Summer Street 

Boston, MA 02110 

Main Telephone No: 617-532-7300 

2. By Fax: 617-532-7342 

3. By E-mail: property.claims©aspenspecialty.com 

4. Toll Free for 

policyholders to 

use in the event 

of a disaster: 855-397-3295 

ASPPR100 0916 2016 © Aspen Insurance U.S. Services Inc. All rights reserved. Page 1 of 1 

Case 1:20-cv-22055-CMA Document 1-2 Entered on FLSD Docket 05/15/2020 Page 15 of 104
ASPEN SPECIALTY INSURANCE COMPANY 

GENERAL SERVICE OF SUIT NOTICE 

In the event of failure of the Company to pay any amount claimed to be due under the terms of this policy, the 

Company, at the request of the Insured, will submit to the jurisdiction of a court of competent jurisdiction within the 

United States. Nothing in this condition constitutes or should be understood to constitute a waiver of the Company's 

rights to commence an action in any court of competent jurisdiction in the United States to remove an action to a 

United States District Court or to seek a transfer of a case to another court as permitted by the laws of the United 

States or of any state in the United States. In any suit instituted against the Company upon this policy, the Company 

will abide by the final decision of such court or of any appellate court in the event of appeal. 

It is further agreed that service of process in such suit may be made upon: Aspen Specialty Insurance Management, 

Inc., do General Counsel, 175 Capital Blvd., Rocky Hill, CT 06067; (877) 245-3510; Questions can be directed to: 

Compliance.us©aspenspecialty.com 

Further, pursuant to any statute of any state, territory, or district of the United States which makes provision therefore, 

the Company hereby designates the Superintendent, Commissioner or Director of Insurance, Secretary of State, or 

other officer specified for that purpose in the statute, as its true and lawful attorney upon whom service may be made 

of any lawful process in any action, suit, or proceeding instituted by or on behalf of the Insured or any beneficiary 

hereunder arising out of this policy of insurance and hereby designates the above named General Counsel as the 

person to whom the said officer is authorized to mail such process or a true copy thereof. 

This notice does not change any other provision of the policy. 

ASPC0002 0715 2015 © Aspen Insurance U.S. Services Inc. All rights reserved. Page 1 of 1 

Case 1:20-cv-22055-CMA Document 1-2 Entered on FLSD Docket 05/15/2020 Page 16 of 104
Aspen Specialty Insurance Company ASPEN 

IN WITNESS WHEREOF, the Insurer has caused this Policy to be signed by its President and 

Secretary and countersigned where required by law on the Declarations page by its duly 

Authorized Representative. 

Secretary President 

ASPC098 0213 ©Aspen Specialty Insurance Company, 2019 Page 1 of 1 

Case 1:20-cv-22055-CMA Document 1-2 Entered on FLSD Docket 05/15/2020 Page 17 of 104
IL 00 17 11 98 

COMMON POUCY CONDITIONS 

All Coverage Parts included in this policy are subject to the following conditions. 

A. Cancellation 

1. The first Named Insured shown in the Declarations may cancel this policy by mailing or 

delivering to us advance written notice of 

cancellation. 

2. We may cancel this policy by mailing or delivering to the first Named Insured written 

notice of cancellation at least: 

a. 10 days before the effective date of cancellation if we cancel for nonpayment of 

premium; or 

b. 30 days before the effective date of cancellation if we cancel for any other 

reason. 

3. We will mail or deliver our notice to the first 

Named Insured's last mailing address known 

to us. 

4. Notice of cancellation will state the effective 

date of cancellation. The policy period will 

end on that date. 

5. If this policy is cancelled, we will send the 

first Named Insured any premium refund due. 

If we cancel, the refund will be pro rata. If the 

first Named Insured cancels, the refund may 

be less than pro rata. The cancellation will be 

effective even if we have not made or offered 

a refund. 

6. If notice is mailed, proof of mailing will be 

sufficient proof of notice. 

B Changes 

This policy contains all the agreements between 

you and us concerning the insurance afforded. 

The first Named Insured shown in the Declarations is authorized to make changes in the terms 

of this policy with our consent. This policy's 

terms can be amended or waived only by 

endorsement issued by us and made a part of this 

policy. 

C. Examination Of Your Books And Records 

We may examine and audit your books and 

records as they relate to this policy at any time 

during the policy period and up to three years 

aft erw ard. 

D. Inspections And Surveys 

1. We have the right to: 

a. Make inspections and surveys at any 

time; 

b. Give you reports on the conditions we 

find; and 

c. Recommend changes. 

2. We are not obligated to make any inspections, 

surveys, reports or recommendations and any 

such actions we do undertake relate only to 

insurability and the premiums to be charged. 

We do not make safety inspections. We do 

not undertake to perform the duty of any 

person or organization to provide for the 

health or safety of workers or the public. And 

we do not warrant that conditions: 

a. Are safe or healthful; or 

b. Comply with laws, regulations, codes or 

standards. 

3. Paragraphs 1. and 2. of this condition apply 

not only to us, but also to any rating, advisory, rate service or similar organization 

which makes insurance inspections, surveys, 

reports or recommendations. 

4. Paragraph 2. of this condition does not apply 

to any inspections, surveys, reports or recommendations we may make relative to certification, under state or municipal statutes, ordinances or regulations, of boilers, pressure 

vessels or elevators. 

E Premiums 

The first Named Insured shown in the Declarations: 

1. Is responsible for the payment of all 

premiums; and 

2. Will be the payee for any return premiums we 

pay. 

F. Transfer Of Your Rights And Duties Under This 

Policy 

Your rights and duties under this policy may not 

be transferred without our written consent except 

in the case of death of an individual named 

insured. 

If you die, your rights and duties will be 

transferred to your legal representative but only 

while acting within the scope of duties as your 

legal representative. Until your legal representative is appointed, anyone having proper temporary custody of your property will have your 

rights and duties but only with respect to that 

property. 

IL 00 17 11 98 Copyright, Insurance Services Office, Inc., 1998 Page 1 of 1 

Case 1:20-cv-22055-CMA Document 1-2 Entered on FLSD Docket 05/15/2020 Page 18 of 104
IL 09 35 07 02 

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. 

EXCLUSION OF CERTAIN COMPUTER-RELATED LOSSES 

This endorsement modifies insurance provided under the following: 

COMMERCIAL INLAND MARINE COVERAGE PART 

COMMERCIAL PROPERTY COVERAGE PART 

CRIME AND FIDELITY COVERAGE PART 

STANDARD PROPERTY POLICY 

A. We will not pay for loss (loss) or damage caused 2. Any advice, consultation, design, evaluation, 

directly or indirectly by the following. Such loss inspection, installation, maintenance, repair, 

(loss) or damage is excluded regardless of any replacement or supervision provided or done by 

other cause or event that contributes concurrently you or for you to determine, rectify or test for, 

or in any sequence to the loss (loss) or damage. any potential or actual problems described in 

1. The Failure, malfunction or inadequacy of: Paragraph A. 1. of this endorsement. 

a. Any of the following, whether belonging to B. If an excluded Cause of Loss as described in 

any insured or to others: Paragraph A. of this endorsement results: 

(1) Computer hardware, including 

processor; 

(2) Computer Application Software; 

(3) Computer operating systems and 

softw are; 

(4) Computer networks; 

(5) Microprocessors (computer chips not part 

of any computer system; or 

(6) Any other computerized or electronic 

equipment or components; or 

b. Any other products, and any services, data 

or functions that directly or indirectly use or 

rely upon, in any manner, any of the items 

listed in Paragraph A.1.a. of this endorsement; 

due to the inablility to correctly recongnize, process, distinguish, interpret or accept one or 

more dates or times. And example is the ianbility 

of computer software to recognize the year 

2000. 

2. Under the Commercial Property Coverage Part: 

a. In a "Specified Cause of Loss" or in elevator collision resulting from mechanical 

breakdown, under the Causes of LossSpecial Form ; or 

b. In a covered Cause of Loss under the 

Causes Of Loss - Basic Form or the 

Causes Of Loss - Broad Form 

we will pay only for the loss (loss) or damage 

caused by such " Specified Cause of Loss, elevator collision, or Covered Cause of Loss. 

C. We will not pay for repair, replacement or modification of any items in Paragraphs A.1 .a. and 

A.1 .b. of this endorsement to correct any deficiencies or change any features. 

micro- 1. In a covered Cause of Loss under the Crime 

and Fidelity Coverage Part, the Commercial 

Inland Marine Coverage Part of the Standard 

related Property Policy; or 

IL 0935 07 02 Copyright ISO Properties, Inc., 2001 Page 1 of 1 

Case 1:20-cv-22055-CMA Document 1-2 Entered on FLSD Docket 05/15/2020 Page 19 of 104
IL 09 53 (Ed. 01/15) 

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. 

EXCLUSION OF CERTIFIED ACTS OF TERRORISM 

This endorsement modifies insurance provided under the following: 

BOILER AND MACHINERY COVERAGE PART 

COMMERCIAL INLAND MARINE COVERAGE PART 

COMMERCIAL PROPERTY COVERAGE PART 

CRIME AND FIDELITY COVERAGE PART 

EQUIPMENT BREAKDOWN COVERAGE PART 

FARM COVERAGE PART 

STANDARD PROPERTY POLICY 

SCHEDULE 

The Exception Covering Certain Fire Losses (Paragraph C) applies to property located in the following state(s), if 

rimd iindpr thp indir.td Errm P;;rt rr PrIir.v 

States(s) Coverage Form, Coverage Part Or Policy 

CA, ME, MO, OR, WI COMMERCIAL INLAND MARINE, COMMERCIAL PROPERTY COVERAGE PART 

and SELECT BUSINESS POLICY 

GA, HI, IA, IL, NC, 

NJ, NY, RI, WA, WV 

COMMERCIAL PROPERTY COVERAGE PART and SELECT 

BUSINESS POLICY 

Information required to complete this Schedule, if not shown above, will be shown in the Declarations. 

A. The following definition is added with respect to the 

provisions o f this endorsement: 

Certified act o f terrorism means an act that is certified 

by the Secretary o f the Treasury, in accordance with the 

provisions of the federal Terrorism Risk Insurance Act, to 

be an act o f terrorism pursuant to such Act. The criteria 

contained in the Terrorism Risk Insurance Act for a 

certified act o f terrorism include the following: 

1. The act resulted in insured losses in excess o f $5 

million in the aggregate, attributable to all types o f 

insurance subject to the Terrorism Risk Insurance 

Act; and 

2. The act is a violent act or an act that is dangerous to 

human life, property or infrastructure and is 

committed by an individual or individuals, as part o f 

an effort 

to coerce the civilian population o f the 

United States or to influence the policy or affect the 

conduct o f the United States Government by 

coercion. 

B. The following exclusion is added: 

CERTIFIED ACT OF TERRORISM EXCLUSION 

We will not pay for loss or damage caused directly or 

indirectly by a certified act o f terrorism. Such loss or 

damage is excluded regardless o f any other cause or 

event that contributes concurrently or in any sequence to 

the loss. 

(c)Insurance Services Office, Inc., 2015 

IL 09 53 (Ed. 01/15) (Page 1 of 2) 

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C. Exception Covering Certain Fire Losses 

The following exception to the exclusion in Paragraph B. 

applies only if indicated and as indicated in the Schedule 

o f this endorsement. 

If a certified act o f terrorism results in fire, we will pay 

for the loss or damage caused by that fire. Such 

coverage for fire applies only to direct loss or damage by 

fire to Covered Property. Therefore, for example, the 

coverage does not apply to insurance provided under 

Business Income and/or Extra Expense coverage forms 

or endorsements which apply to those forms, or to the 

Legal Liability Coverage Form or the Leasehold Interest 

Coverage Form. 

If aggregate insured losses attributable to terrorist acts 

certified under the Terrorism Risk Insurance Act exceed 

$100 billion in a calendar 

year and we have met our insurer deductible under the 

Terrorism Risk Insurance Act, we shall not be liable for 

the payment o f any portion o f the amount o f such 

losses that exceeds $100 billion, and in such case 

insured losses up to that amount are subject to pro rata 

allocation in accordance with procedures established by 

the Secretary o f the Treasury. 

D. Application Of Other Exclusions 

The terms and limitations o f any terrorism exclusion, or 

the inapplicability or omission o f a terrorism exclusion, 

do not serve to create coverage for any loss which would 

otherwise be excluded under this Coverage Part or 

Policy, such as losses excluded by the Nuclear Hazard 

Exclusion or the War And Military Action Exclusion. 

(c)Insurance Services Office, Inc., 2015 

IL 09 53 (Ed. 01/15) (Page 2 of 2) 

Case 1:20-cv-22055-CMA Document 1-2 Entered on FLSD Docket 05/15/2020 Page 21 of 104
POLICY NUMBER: AB7812920 COMMERCIAL PROPERTY 

CP 01 25 0708 

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. 

FLORIDA CHANGES 

This endorsement modifies insurance provided under the following: 

COMMERCIAL PROPERTY COVERAGE PART 

A. When this endorsement is attached to the 

Standard Property Policy CP 00 99 the term 

Coverage Part in this endorsement is replaced 

by the term Policy. 

B The following provision applies when a 

Coinsurance percentage is shown in the Declarations: 

Florida law states as follows: 

Coinsurance contract: The rate charged in this 

policy is based upon the use of the coinsurance 

clause attached to this policy, with the consent 

of the Insured. 

C. The following is added: 

If windstorm is a Covered Cause of Loss and loss 

or damage to Covered Property is caused by or 

results from Windstorm, the following exclusion 

applies in: 

1. Broward County; 

2. Dade County; 

3. Martin County; 

4. Monroe County; 

5. Palm Beach County; and 

6. All the areas east of the west bank of the 

Intra-Coastal Waterway in the Counties of: 

a. Indian River; and 

b. St. Lucie. 

Windstorm Exterior Paint and Waterproofing 

Exclusion 

We will not pay for loss or damage to: 

1. Paint; or 

2. Waterproofing material; 

applied to the exterior of Buildings unless the 

Building to which such loss or damage occurs also 

sustains other loss or damage by windstorm in the 

course of the same storm event. But such coverage 

applies only if windstorm is a Covered Cause of 

Loss. 

When loss or damage to exterior paint or 

waterproofing material is excluded, we will not 

include the value of paint or waterproofing material 

to determine: 

a. The amount of the Windstorm or Hail 

Deductible; or 

b. The value of Covered Property when applying 

the Coinsurance Condition. 

D. The LOSS PAYMENT Condition dealing with the 

number of days within which we must pay for 

covered or loss or damage is replaced by the 

following: 

Provided you have complied with all the terms of 

this Coverage Part, we will pay for covered loss or 

damage upon the earliest of the following: 

(1) Within 20 days after we receive the sworn 

proof of loss and reach written agreement with 

you; 

(2) Within 30 days after we receive the sworn 

proof of loss and: 

(a) There is an entry of a final judg- ment; or 

(b) There is a filing of an appraisal award with 

us;or 

(3) Within 90 days of receiving notice of claim, 

unless we deny the claim during that time or 

factors beyond our control reasonably prevent such 

payment. If a portion of the claim is denied, then 

the 90-day time period for payment of claim relates 

to the portion of the claim that is not denied. 

Paragraph (3) applies only to the following: 

(a) A claim under a policy covering residential 

property; 

(b) A claim for building or contents coverage if the 

insured structure is 10,000 square feet or less and 

the policy covers only locations in Florida; or 

(c) A claim for content coverage under a tenants 

policy if the rented premises are 10,000 square feet 

or less and the policy covers only locations in 

Florida. 

E Sinkhole Collapse Coverage Removed 

Sinkhole Collapse coverage is removed as indicated 

in Paragraphs El through E4.; and coverage for 

Catastrophic Ground Cover Collapse is added 

instead as set forth in Paragraph F. 

I. In the Causes of Loss - Basic Form and in the 

Standard Property Policy, Sinkhole Collapse is 

deleted from the Covered Causes of Loss and 

sinkhole collapse is no longer an exception to the 

Earth Movement exclusion. 

2. In the Cause of Loss - Broad Form, Sinkhole 

Collapse is deleted from the Covered Causes of 

Loss and from the Additional Coverage - Collapse; 

and sinkhole collapse is no longer an exception to 

the Earth Movement exclusion. 

3. In the Cause of Loss - Special Form, sinkhole 

collapse is deleted from the "specified causes of 

loss" and is no longer an exception to the Earth 

Movement exclusion. 

4. In the Mortgageholders Errors and Omissions 

Coverage Form, sinkhole collapse is deleted from 

CP 01 25 07 08 Copyright, ISO Commercial Risk Services, Inc., 1994 Page 1 of 2 LI 

Case 1:20-cv-22055-CMA Document 1-2 Entered on FLSD Docket 05/15/2020 Page 22 of 104
the Covered Causes of Loss under Coverage B and 

from the "specified causes of loss, and is no 

longer an exception to the Earth Movement 

exclusion. 

Further, this Coverage Part does not insure against 

Sinkhole Loss as defined in Florida law unless and 

endorsement for Sinkhole Loss is made part of this 

policy. However, if Sinkhole Loss causes 

Catastrophic Ground Cover Collapse, coverage is 

provided for the resulting Catastrophic Ground 

Cover Collapse even if an endorsement for Sinkhole 

Loss is not made part of the policy. 

F. The following is added to this Coverage Part as a 

Covered Cause of Loss. In the Cause Of LossSpecial Form and Mortgageholders Errors And 

Omissions Coverage Form, the following is also 

added as a "specified cause of loss. However, as 

"specified cause of loss, the following does not 

apply to the Additional Coverage- Collapse. 

CATASTROPHIC GROUND COVER COLLAPSE 

We will pay for direct physical loss or damage to 

Covered Property caused by or resulting from 

catastrophic ground cover collapse, meaning 

geological activity that results in all of the 

following: 

(a) The abrupt collapse of the ground cover; 

(b) A depression in the ground cover clearly visible 

to the naked eye; 

(C) Structural damage to the building, including the 

foundation; and 

(d) The insured structure being condemned and 

ordered to the vacated by the governmental agency 

authorized by law to issue such an order for that 

structure. 

However, structural damage consisting merely of 

the settling or cracking of a foundation, structure or 

building does not constitute loss or damage 

resulting from a catastrophic ground cover collapse. 

The Earth Movement exclusion and the Collapse 

exclusion do not apply to coverage for Catastrophic 

Ground Cover Collapse. 

Coverage for Catastrophic Ground Cover Collapse 

does not increase the applicable Limit of Insurance. 

Regardless of whether loss or damage attributable 

to catastrophic ground cover collapse also qualifies 

as Sinkhole Loss or Earthquake (if either or both of 

those causes of loss are covered under the 

Coverage Part), only one Limit of Insurance will 

apply to such loss or damage. 

G. The following applies to the Additional Coverage 

- Civil Authority under the Business Income (And 

Extra Expense) Coverage Form, Business Income 

(Without Extra Expense) Coverage Form and Extra 

Expense Coverage Form: 

1. The Additional Coverage - Civil Authority 

included a requirement that the described premises 

are not more than one mile from the damaged 

property. With respect to described premises locate 

in Florida, such one -mile radius does not apply. 

2. The Additional Coverage - Civil Authority is 

limited to a coverage period of up to four weeks. 

With respect to described premises located in 

Florida, such four week period is replaced by a 

three-week period. 

3. Civil Authority coverage is subject to all other 

provisions of that Additional Coverage. 

Page 2 of 2 Copyright, ISO Commercial Risk Services, Inc., 1994 CPOI 25 07 08 

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IL 02 55 03 16 

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. 

FLORIDA CHANGES - CANCELLATION 

AND NONRENEWAL 

This endorsement modifies insurance provided under the following: 

CAPITAL ASSETS PROGRAM (OUTPUT POLICY) COVERAGE PART 

COMMERCIAL INLAND MARINE COVERAGE PART 

COMMERCIAL PROPERTY COVERAGE PART 

CRIME AND FIDELITY COVERAGE PART 

EQUIPMENT BREAKDOWN COVERAGE PART 

FARM COVERAGE PART 

STANDARD PROPERTY POLICY 

A. Paragraph 2. of the Cancellation Common Policy 

Condition is replaced by the following: 

2. Cancellation For Policies In Effect 90 Days 

Or Less 

a. If this policy has been in effect for 90 days 

or less, we may cancel this policy by 

mailing or delivering to the first Named 

Insured written notice of cancellation, 

accompanied by the specific reasons for 

cancellation, at least: 

(1) 10 days before the effective date of 

cancellation if we cancel for 

nonpayment of premium; or 

(2) 20 days before the effective date of 

cancellation if we cancel for any other 

reason, except we may cancel 

immediately if there has been: 

(a) A material misstatement or 

misrepresentation; or 

(b) A failure to comply with underwriting 

requirements established by the 

insurer. 

b. We may not cancel 

(1) On the basis of property insurance 

claims that are the result of an act of 

God, unless we can demonstrate, by 

claims frequency or otherwise, that you 

have failed to take action reasonably 

necessary as requested by us to 

prevent recurrence of damage to the 

insured property; or 

(2) Solely on the basis of a single property 

insurance claim which is the result of 

water damage, unless we can 

demonstrate that you have failed to take 

action reasonably requested by us to 

prevent a future similar occurrence of 

damage to the insured property. 

B. Paragraph 5. of the Cancellation Common Policy 

Condition is replaced by the following: 

5. If this policy is cancelled, we will send the first 

Named Insured any premium refund due. If we 

cancel, the refund will be pro rata. If the first 

Named Insured cancels, the refund may be 

less than pro rata. If the return premium is not 

refunded with the notice of cancellation or 

when this policy is returned to us, we will mail 

the refund within 15 working days after the 

date cancellation takes effect, unless this is an 

audit policy. 

If this is an audit policy, then, subject to your 

full cooperation with us or our agent in securing 

the necessary data for audit, we will return any 

premium refund due within 90 days of the date 

cancellation takes effect. If our audit is not 

completed within this time limitation, then we 

shall accept your own audit, and any premium 

refund due shall be mailed within 10 working 

days of receipt of your audit. 

The cancellation will be effective even if we 

have not made or offered a refund. 

IL 02 55 03 16 © Insurance Services Office, Inc., 2015 Page 1 of 3 

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C. The following is added to the Cancellation 

Common Policy Condition: 

7. Cancellation For Policies In Effect For More 

Than 90 Days 

a. If this policy has been in effect for more 

than 90 days, we may cancel this policy 

only for one or more of the following 

reasons: 

(1) Nonpayment of premium; 

(2) The policy was obtained by a material 

misstatement; 

(3) In the event of failure to comply, within 

90 days after the effective date of 

coverage, with underwriting 

requirements established by us before 

the effective date of coverage; 

(4) There has been a substantial change in 

the risk covered by the policy; 

(5) The cancellation is for all insureds under 

such policies for a given class of 

insureds; 

(6) On the basis of property insurance 

claims that are the result of an act of 

God, if we can demonstrate, by claims 

frequency or otherwise, that you have 

failed to take action reasonably 

necessary as requested by us to 

prevent recurrence of damage to the 

insured property; 

(7) On the basis of a single property 

insurance claim which is the result of 

water damage, if we can demonstrate 

that you have failed to take action 

reasonably requested by us to prevent a 

future similar occurrence of damage to 

the insured property; or 

(8) The cancellation of some or all of our 

policies is necessary to protect the best 

interests of the public or policyholders 

and such cancellation is approved by 

the Florida Office of Insurance 

Regulation. 

b. If we cancel this policy for any of these 

reasons, we will mail or deliver to the first 

Named Insured written notice of 

cancellation, accompanied by the specific 

reasons for cancellation, at least: 

(1) 10 days before the effective date of 

cancellation if cancellation is for 

nonpayment of premium; 

(2) 45 days before the effective date of 

cancellation if: 

(a) Cancellation is for one or more of the 

reasons stated in Paragraphs 7.a.(2) 

through 7.a.(7) above, and this policy 

does not cover a residential structure 

or its contents; or 

(b) Cancellation is based on the reason 

stated in Paragraph 7.a.(8) above; 

(3) 120 days before the effective date of 

cancellation if: 

(a) Cancellation is for one or more of the 

reasons stated in Paragraphs 7.a.(2) 

through 7.a.(7) above; and 

(b) This policy covers a residential 

structure or its contents. 

c. If this policy has been in effect for more 

than 90 days and covers a residential 

structure or its contents, we may not cancel 

this policy based on credit information 

available in public records. 

D. The following is added: 

Nonrenewal 

1. If we decide not to renew this policy, we will 

mail or deliver to the first Named Insured 

written notice of nonrenewal, accompanied by 

the specific reason for nonrenewal, at least: 

a. 45 days prior to the expiration of the policy 

if this policy does not cover a residential 

structure or its contents, or if nonrenewal is 

for the reason stated in Paragraph D.5.; or 

b. 120 days prior to the expiration of the policy 

if this policy covers a residential structure or 

its contents. 

2. Any notice of nonrenewal will be mailed or 

delivered to the first Named Insured at the last 

mailing address known to us. If notice is 

mailed, proof of mailing will be sufficient proof 

of notice. 

3. We may not refuse to renew this policy 

a. On the basis of property insurance claims 

that are the result of an act of God, unless 

we can demonstrate, by claims frequency 

or otherwise, that you have failed to take 

action reasonably necessary as requested 

by us to prevent recurrence of damage to 

the insured property; 

Page 2 of 3 © Insurance Services Office, Inc., 2015 IL 02 55 03 16 

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b. On the basis of filing of claims for sinkhole 

loss. However, we may refuse to renew this 

policy if: 

(1) The total of such property insurance 

claim payments for this policy equals or 

exceeds the policy limits in effect on the 

date of loss for property damage to the 

covered building; or 

(2) You have failed to repair the structure in 

accordance with the engineering 

recommendations upon which any loss 

payment or policy proceeds were based; 

or 

c. Solely on the basis of a single property 

insurance claim which is the result of water 

damage, unless we can demonstrate that 

you have failed to take action reasonably 

requested by us to prevent a future similar 

occurrence of damage to the insured 

property. 

4. Notwithstanding the provisions of Paragraph 

D.3., we may refuse to renew this policy if this 

policy includes Sinkhole Loss coverage. If we 

nonrenew this policy for purposes of removing 

Sinkhole Loss coverage, pursuant to section 

627.706, Florida Statutes, we will offer you a 

policy that includes catastrophic ground cover 

collapse coverage. 

5. Notwithstanding the provisions of Paragraph 

D.3., we may refuse to renew this policy if 

nonrenewal of some or all of our policies is 

necessary to protect the best interests of the 

public or policyholders and such nonrenewal is 

approved by the Florida Office of Insurance 

Regulation. 

E. Limitations On Cancellation And Nonrenewal 

In The Event Of Hurricane Or Wind Loss - 

Residential Property 

1. The following provisions apply to a policy 

covering a residential structure or its contents, 

if such property has sustained damage as a 

result of a hurricane or windstorm that is the 

subject of a declaration of emergency by the 

Governor and filing of an order by the 

Commissioner of Insurance Regulation: 

b. We may cancel or nonrenew the policy prior 

to restoration of the structure or its contents 

for any of the following reasons: 

(1) Nonpayment of premium; 

(2) Material misstatement or fraud related to 

the claim; 

(3) We determine that you have 

unreasonably caused a delay in the 

repair of the structure; or 

(4) We have paid the policy limits. 

If we cancel or nonrenew for nonpayment of 

premium, we will give you 10 days notice. If 

we cancel or nonrenew for a reason listed 

in Paragraph b.(2), b.(3) or b.(4), we will 

give you 45 days notice. 

2. With respect to a policy covering a residential 

structure or its contents, any cancellation or 

nonrenewal that would otherwise take effect 

during the duration of a hurricane will not take 

effect until the end of the duration of such 

hurricane, unless a replacement policy has 

been obtained and is in effect for a claim 

occurring during the duration of the hurricane. 

We may collect premium for the period of time 

for which the policy period is extended. 

3. With respect to Paragraph E.2., a hurricane is 

a storm system that has been declared to be a 

hurricane by the National Hurricane Center of 

the National Weather Service (hereafter 

referred to as NHC). The hurricane occurrence 

begins at the time a hurricane watch or 

hurricane warning is issued for any part of 

Florida by the NHC and ends 72 hours after 

the termination of the last hurricane watch or 

hurricane warning issued for any part of Florida 

by the NHC. 

a. Except as provided in Paragraph E.1.b., we 

may not cancel or nonrenew the policy until 

at least 90 days after repairs to the 

residential structure or its contents have 

been substantially completed so that it is 

restored to the extent that it is insurable by 

another insurer writing policies in Florida. If 

we elect to not renew the policy, we will 

provide at least 100 days notice that we 

intend to nonrenew 90 days after the 

substantial completion of repairs. 

IL 02 55 03 16 © Insurance Services Office, Inc., 2015 Page 3 of 3 

Case 1:20-cv-22055-CMA Document 1-2 Entered on FLSD Docket 05/15/2020 Page 26 of 104
Commercial Property Coverage Part Declarations 

ASPPR067 08/07 

POLICY NUMBER: AB7812920 EFFECTIVE DATE: 01/10/2020 RENEWAL OF: NEW 

NAMED INSURED: 

Cafe La Trova LLC 

DESCRIPTION OF PREMISES 

Prem. No. Bldg. No. Location Address 

1 1 971 SW 8th Street, Miami, FL 33130 

COVERAGES PROVIDED (Insurance at the described premises applies only for coverages for which a limit insurance is shown) 

Covered *Coins Rates 

Prem. No. Bldg. No. Coverage Limit of Insurance Causes of Loss VS 

1 1 Contents $150,000 CP1030 90% 

1 1 Improvements & Betterments $350,000 CP1030 90% 

1 1 Business Income $375,000 CP1030 1/4 

*If Extra Expense Coverage, Limits on Loss Payment 

OPTIONAL COVERAGES (Applicable only when entries are made in the schedule below) 

Prem. No. Bldg. No. 

1 1 

Prem. No. Bldg. No. 

1 1 

Exp. Date Coverage 

Inflation Guard Percentage 

Building Personal Property 

Amount Building Personal Including 

Property Stock 

x x 

*Monthly Limit *Max. Period *Ext. Period 

Indemnity (Fraction) Of Indemnity (X) Indemnity (Days) 

1/4 

*Applies to Business Income Only 

MORTGAGE HOLDERS(S) 

Prem. No. Bldg. No. Mortgage Holder Name Mailing Address 

DEDUCTIBLE: 1,000 All Other Perils Excluding Windstorm and Hail as per Form CP1054 06/07. 

Business Income Deductible is 72 Hours. 

FORMS AND ENDORSEMENTS 

Forms and Endorsements applying to this Coverage Part and made part of this policy at time of issue: Refer to ASPPRO06 07/07 

SCHEDULE OF FORMS AND ENDORSEMENTS 

THESE DECLARATIONS ARE PART OF THE POLICY DECLARATIONS CONTAINING THE NAME OF THE INSURED AND THE POLICY PERIOD. 

Includes copyrighted material of Insurance Services Office, Inc., with its permission 

600 Atlantic Avenue 21st Fl Boston Massachusetts 02210 Phone 617-532-7300 Fax 617-532-7314 

Case 1:20-cv-22055-CMA Document 1-2 Entered on FLSD Docket 05/15/2020 Page 27 of 104
TillS ENDORSEMENT CHANGES TIlE POLICY. PLEASE REM) IT CAREFULLY. 

OCCURRENCE LIMIT OF LIABILITY ENDORSEMENT 

It is understood and agreed that the following special terms and conditions apply to this policy: 

The Limit of Liability or Amount of Insurance shown on the Declarations Page of this policy, or endorsed onto 

this policy, is the total limit of the Company's liability applicable to each occurrence. Notwithstanding any other 

terms and conditions of this policy, in no event shall the liability of the Company exceed this limit or amount, 

irrespective of the number of locations involved. 

The term "Occurrence" shall mean any one loss, disaster, casualty or series of losses, disasters or casualties, arising 

out of one event. The duration and extent of any one loss, disaster, casualty or series of losses, disasters or 

casualties will be limited to all losses or series of losses occurring during any period of 168 consecutive hours 

arising out of, and directly occasioned by, the same event. When the terms applies to loss or series of losses from 

the perils of tornado, cyclone, hurricane, windstorm, hail, flood, earthquake, volcanic eruption, riot, riot attending a 

strike, civil commotion, and vandalism and malicious mischief, one event shall be construed to be all losses arising 

during a continuous period of 72 hours. When filing proof of loss, the Insured may elect the moment at which the 

72 hour period shall be deemed to have commenced, which shall not be earlier than when the first loss occurs to 

any covered property. 

2. The premium for this policy is based upon the Statement of Values on file with Company, or attached to this 

policy, in the event of loss hereunder, liability of the company, subject to the terms of paragraph one (1) above, 

shall be limited to the least of the following: 

A. The actual adjusted amount of loss, less applicable deductible(s). 

B. 100% of the individually stated value for each scheduled item of property insured, as shown on the latest 

Statement of Values on file with the Company, less applicable deductibles(s). 

C. The limit of Liability or Amount of Insurance shown on the face of this policy or endorsed onto this policy. 

All other terms and conditions of this policy remain unchanged. 

Policy Number: AB78 12920 

Named Insured: 

Cafe La Trova LLC 

This endorsement is effective on the inception date of the Policy unless otherwise stated herein: 

ASPPR068 08/07 

600 Atlantic Avenue 21st Fl Boston Massachusetts 02210 Phone 617-532-7300 Fax 617-532-7314 

Case 1:20-cv-22055-CMA Document 1-2 Entered on FLSD Docket 05/15/2020 Page 28 of 104
Equipment Breakdown Coverage Form Declarations 

Named insured: 

Cafe La Trova LLC 

Mailing Address: 971 SW 8th Street 

Miami, FL 33130 

Producer: Advanced Insurance Underwriters 

Mailing Address: 3250 N 29th Avenue 

Hollywood, FL 33020 

Policy Number: AB7812920 

Policy Period: 01/10/2020 to 01/10/2021 

at your Mailing Address shown above. 

Premium: Included 

12:01 a.m. Standard time 

These coverages apply to all locations listed under Covered Locations for the Equipment Breakdown 

Coverage Form. Covered Locations 

971 SW 8th Street, Miami, FL 33130 

Insurance applies only to a coverage for which a Limit, a number of Days, or the word Included is 

shown. If Included is shown then the limit for that coverage is part of the Equipment Breakdown Limit. 

Coverages 

Limits 

Equipment Breakdown Limit................... 

Property Damage................................ 

Off Premises Property Damage......... 

Business Income.................................. 

Extra Expense....................................... 

Extended Period of Restoration........... 

(Number of days of coverage) 

Service Interruption............................ 

Perishable Goods................................ 

Data Restoration.................................. 

Demolition........................................... 

Ordinance or Law............................... 

Expediting Expense............................. 

Hazardous Substances......................... 

Newly Acquired Locations................. 

(Number of days of coverage) 

$ 875,000 

Included 

$25,000 

Included 

Included 

5 Days 

Included in Business Income, Extra Expense, and 

Perishable Goods 

$25,000 

$25,000 

$25,000 

$25,000 

$25,000 

$25,000 

Included 

90 Days 

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Deductibles 

Direct Coverages $ 1,000 

Indirect Coverages........................................... 72 Hours 

Mortgage Holder/Loss Payee/Additional Insured: 

Name: 

Address: 

Forms Applicable: 

Description Form Number 

Equipment Breakdown Coverage Form............... 

Countersigned by 

(Authorized Representative) 

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Case 1:20-cv-22055-CMA Document 1-2 Entered on FLSD Docket 05/15/2020 Page 30 of 104
Equipment Breakdown Coverage Form 

Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights, duties, and what is 

and is not covered. 

Throughout this policy, the words "you" and "your" refer to the Named Insured shown in the Declarations. The words 

"we," "us" and "our" refer to the Company providing this Insurance. Other words and phrases that appear in quotation 

marks have special meaning. Refer to Section G - DEFINITIONS. Examples are shown for illustrative purposes only and 

do not represent predicted or expected outcomes. 

A. COVERAGE 

This Equipment Breakdown Coverage provides insurance for a Covered Cause of Loss as defined in A. 1. below. In the 

event of a Covered Cause of Loss, we will pay for loss as described in A.2. below. 

1. Covered Cause of Loss - "Accident" 

The Covered Cause of Loss for this Equipment Breakdown Coverage is an "accident." Without an "accident," 

there is no Equipment Breakdown Coverage. 

a. "Accident" means a fortuitous event that causes direct physical damage to "covered equipment." The event 

must be one of the following: 

(1) Mechanical breakdown, including rupture or bursting caused by centrifugal force; 

(2) Artificially generated electrical current, including electrical arcing, that damages electrical devices, appliances 

or wires; 

(3) Explosion, other than combustion explosion, of steam boilers, steam piping, steam engines or steam turbines; 

(4) An event inside steam boilers, steam pipes, steam engines or steam turbines that damages such equipment; 

(5) An event inside hot water boilers or other water heating equipment that damages such equipment; or 

(6) Bursting, cracking or splitting. 

"Accident" does not include any condition or event listed in Definition G. lb. 

b. "Covered Equipment" means the following: 

(1) Unless specified otherwise in the Declarations: 

(a) Equipment that generates, transmits or utilizes energy, including electronic communications and 

data processing equipment; or 

(b) Equipment which, during normal usage, operates under vacuum or pressure, other than the weight 

of its contents. 

(2) Except as specifically provided for under Off Premises Property Damage and Service Interruption, 

such equipment must be at a location described in the Declarations and must be owned or leased by 

you or operated under your control. 

"Covered equipment" does not include any property listed in Definition G.5.b. 

2. Coverages Provided 

This section lists the coverages that may apply 

in the event of an "accident." Each coverage is 

subject to a specific limit as listed below or as 

shown in the Declarations. See paragraph C.2. 

for details. 

These coverages apply only to the direct result 

of an "accident." For each coverage, we will 

pay only for that portion of the loss, damage or 

expense that is solely attributable to the 

"accident." 

a. Property Damage 

We will pay for physical damage to 

"covered property" that is at a location 

indicated in the Declarations at the time of 

the "accident." 

b. Off Premises Property Damage 

If you have transportable "covered 

equipment" that, at the time of the 

"accident," is within the Coverage 

Territory, but is not: 

(1) At a location indicated in the 

Declarations; or 

(2) At any other location owned or leased 

by you, 

We will pay up to $25,000 for physical 

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Case 1:20-cv-22055-CMA Document 1-2 Entered on FLSD Docket 05/15/2020 Page 31 of 104
(2) At any other location owned or leased or Perishable Goods. 

by you, f. Perishable Goods 

We will pay up to $25,000 for physical (1) We will pay for physical damage to 

damage to such "covered equipment." "perishable goods" due to 

c. Business Income "spoilage." 

(1) We will pay your actual loss of (2) We will also pay for physical 

"business income" during the damage to "perishable goods" due 

"period of restoration" that results to contamination from the release of 

directly from the necessary total or refrigerant, including but not 

partial interruption of your limited to ammonia. 

business. (3) We will also pay any necessary 

(2) We will also pay any necessary expenses you incur during the 

expenses you incur during the "period of restoration" to reduce the 

"period of restoration" to reduce the amount of loss under this coverage. 

amount of loss under this coverage. We will pay for such expenses to 

We will pay for such expenses to the extent that they do not exceed 

the extent that they do not exceed the amount of loss that otherwise 

the amount of loss that otherwise would have been payable under this 

would have been payable under this coverage. 

coverage. The most we will pay for loss, damage or 

(3) We will consider the actual expense under this coverage is $25,000. 

experience of your business before g. Data Restoration 

the "accident" and the probable (1) We will pay for your reasonable and experience you would have had necessary cost to research, replace without the "accident" in or restore lost "data." determining the amount of our 

payment. (2) We will also pay for yourloss and 

d. Extra Expense 

expense as defined under Business 

Income coverage and Extra Expense 

We will pay the reasonable and necessary coverage that is the result of g.(1) 

"extra expense" to operate your business above, if such coverage is otherwise 

during the "period of restoration." applicable under this policy. This 

e. Service Interruption coverage is included within and 

(1) We will pay for your loss, damage subject to your Data Restoration 

or expense as defined under limit. 

Business Income coverage, Extra The most we will pay for loss or expense 

Expense coverage or Perishable under this coverage is $25,000. 

Goods coverage caused by an h. Demolition 

"accident" to "covered equipment" (1) This coverage applies if an 

that is owned by a utility, landlord "accident" damages a building that 

or other supplier with whom you is "covered property" and the loss is 

have a contract to supply you with increased by an ordinance or law 

any of the following services: that: 

electrical power, waste disposal, air 

(a) Requires the demolition of a conditioning, refrigeration, heating, 

building that is otherwise natural gas, compressed air, water, 

reparable; steam, internet access, 

telecommunications services, wide (b) Is in force at the time of the 

area networks or data transmission. "accident"; and 

(2) Service Interruption coverage will (c) Is not addressed under 

not apply to Perishable Goods Hazardous Substances 

unless the failure or disruption of coverage. 

service exceeds 24 hours (2) We will pay for the following 

immediately following the 'accident.' additional costs to comply with 

The most we will pay for loss, damage or such ordinance or law: 

expense under this coverage is the limit that 

(a) Your actual and necessary cost applies to Business Income, Extra Expense 

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Case 1:20-cv-22055-CMA Document 1-2 Entered on FLSD Docket 05/15/2020 Page 32 of 104
1. 

to demolish and clear the site of had no such ordinance or law been 

the undamaged parts of the in force at the time of the 

building; and "accident." 

(b) Your actual and necessary cost (4) We will also pay for your loss and 

to reconstruct the undamaged expense as defined under Business 

parts of the building. Income coverage and Extra Expense 

(3) As used in this coverage, additional coverage that is the result of i.(1) 

costs mean those beyond what above, if such coverage is otherwise 

would have been payable under this applicable under this policy. This 

Equipment Breakdown Coverage coverage is included within and 

had no such ordinance or law been subject to your Ordinance or Law 

in force at the time of the limit. 

"accident." The most we will pay for loss, damage or 

(4) We will also pay for your loss and expense under this coverage is $25,000. 

expense as defined under Business j. Expediting Expenses 

Income coverage and Extra Expense With respect to your damaged "covered 

coverage that is the result of h.(1) property," we will pay the reasonable extra 

above, if such coverage is otherwise cost to: 

applicable under this policy. This (1) Make temporary repairs; and coverage is included within and 

subject to your Demolition limit. (2) Expedite permanent repairs or 

The most we will pay for loss, damage or permanent replacement. 

expense under this coverage is 25,OOO. The most we will pay for loss or expense 

Ordinance or Law under this coverage is $25,000. 

(1) This coverage applies if an L Hazardous Substances 

"accident" damages a building that (1) We will pay for the additional cost 

is "covered property" and the loss is to repair or replace "covered 

increased by an ordinance or law property" because of contamination 

that: by a "hazardous substance." This 

(a) Regulates the construction or includes the additional expenses to 

repair of buildings, including clean up or dispose of such 

property. This does not include "building utilities"; contamination of "perishable goods" 

(b) Is in force at the time of the by refrigerant, including but not 

"accident"; and limited to ammonia, which is 

(c) Is not addressed under addressed in Perishable Goods, 

Demolition coverage or A.2.f.(2). 

Hazardous Substances (2) As used in this coverage, additional 

coverage, costs mean those beyond what 

(2) We will pay for the following would have been payable under this 

additional costs to comply with Equipment Breakdown Coverage 

such ordinance or law: had no "hazardous substance" been 

(a) Your actual and necessary cost to involved. 

repair the damaged portions of (3) We will also pay for your loss and 

the building; expense as defined under Business 

(b) Your actual and necessary cost to Income coverage and Extra Expense 

reconstruct the damaged coverage that is the result of k.(1) 

portions of the building; and above, if such coverage is otherwise 

(c) Your actual and necessary cost to applicable under this policy. This 

bring undamaged portions of coverage is included within and 

the building into compliance subject to your Hazardous 

with the ordinance or law. Substances limit. 

(3) As used in this coverage, additional The most we will pay for loss, damage or 

costs mean those beyond what expense under this coverage is $25,000. 

would have been payable under this 1. Newly Acquired Locations 

Equipment Breakdown Coverage (1) You will notify us promptly of any 

newly acquired location that you 

have purchased or leased during the 

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Case 1:20-cv-22055-CMA Document 1-2 Entered on FLSD Docket 05/15/2020 Page 33 of 104
Policy Period. (4) We will charge you additional 

(2) All coverages applicable to any premium for newly acquired 

scheduled location under this equipment from the date the 

Equipment Breakdown Coverage equipment is installed. 

are extended to a newly acquired 

location that you have purchased or B. EXCLUSIONS 

leased during the Policy Period. We will not pay for any excluded loss, damage or 

(3) This coverage begins at the time expense, even though any other cause or event 

you acquire the property. As contributes concurrently or in any sequence to the 

respects newly constructed loss, damage or expense. 

properties, we will only consider 1. We will not pay for loss, damage or expense them to be acquired by you when caused directly or indirectly by any of the you have fully accepted the following, whether or not caused by or completed project. resulting from an "accident." 

(4) This coverage ends when any of the 

a. Fire and Explosion following first occurs: 

(a) This Policy expires; (1) Fire, including smoke from a fire. 

(b) 90 days expire after you acquire (2) Combustion explosion. This 

the location; includes, but is not limited to, a 

combustion explosion of any steam 

(c) The location is incorporated boiler or other fired vessel. 

into the regular coverage of this (3) Any other explosion, except as policy; or specifically provided in A. 1.a.(3). 

(d) The location is incorporated b. Ordinance or Law into the regular coverage of 

another Equipment Breakdown The enforcement of, or change in, any 

policy you have, ordinance, law, regulation, rule or ruling 

(5) If limits or deductibles vary by regulating or restricting repair, 

location, the highest limits and replacement, alteration, use, operation, 

deductibles will apply to newly construction or installation, except as 

acquired locations. However, the specifically provided in A.2.h., i. and k. 

most we will pay for loss, damage (Demolition, Ordinance or Law and 

or expense arising from any "one Hazardous Substances coverages). 

accident" is the amount shown as c. Earth Movement 

the Newly Acquired Locations limit Earth movement, whether natural or 

in the Declarations, human-made, including but not limited to 

(6) We will charge you additional earthquake, shock, tremor, subsidence, 

premium for newly acquired landslide, rock fall, earth sinking, sinkhole 

locations from the date you acquire collapse or tsunami. 

the property. d. Nuclear Hazard 

m. Course of Construction Nuclear reaction, detonation or radiation, 

This coverage is automatically included or radioactive contamination, however 

and does not need to be indicated in the caused. 

Declarations, e. War and Military Action 

(1) You will notify us promptly of any (1) War, including undeclared or civil 

expansion or rehabilitation of any war; 

location described in the (2) Warlike action by a military force, 

Declarations, including action in hindering or 

(2) All coverages applicable to any defending against an actual or 

location described in the expected attack, by any government, 

Declarations are extended to an sovereign or other authority using 

expansion or rehabilitation of that military personnel or other agents; or 

location. (3) Insurrection, rebellion, revolution, 

(3) This coverage begins at the time usurped power, political violence or 

you begin the expansion or action taken by governmental 

rehabilitation project. authority in hindering or defending 

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Case 1:20-cv-22055-CMA Document 1-2 Entered on FLSD Docket 05/15/2020 Page 34 of 104
against any of these. 

f. Water 

(1) Flood, surface water, waves, tides, 

tidal waves, overflow of any body of 

water, or their spray, all whether 

driven by wind or not; 

(2) Mudslide or mudflow; or 

(3) Water that backs up or overflows 

from a sewer, drain or sump. 

g. Failure to Protect Property 

Your failure to use all reasonable means to 

protect "covered property" from damage 

following an "accident." 

h. Fines 

Fine, penalty or punitive damage. 

Mold 

Mold, fungus, mildew or yeast, including 

any spores or toxins created or produced 

by or emanating from such mold, fungus, 

mildew or yeast. This includes, but is not 

limited to, costs arising from clean-up, 

remediation, containment, removal or 

abatement of such mold, fungus, mildew, 

yeast, spores or toxins. However, this 

exclusion does not apply to "spoilage" of 

personal property that is "perishable 

goods" to the extent that such "spoilage" 

is covered under Perishable Goods 

coverage. 

Deliberate Acts 

The deliberate act of any person to cause 

damage or harm, including but not limited 

to vandalism, malicious mischief or 

sabotage. 

2. We will not pay for an "accident" caused by or 

resulting from any of the following causes of 

loss: 

a. Lightning. 

b. Windstorm or Hail. However, this 

exclusion does not apply when: 

(1) "Covered equipment" located within 

a building or structure suffers an 

"accident" that results from 

wind-blown rain, snow, sand or dust; 

and 

(2) The building or structure did not 

first sustain wind or hail damage to 

its roof or walls through which the 

rain, snow, sand or dust entered. 

c. Collision or any physical contact caused 

by a "vehicle." This includes damage by 

objects falling from aircraft. However, this 

exclusion does not apply to any unlicensed 

"vehicles" which you own or which are 

operated in the course of your business. 

d. Riot or Civil Commotion. 

e. Leakage or discharge of any substance 

from an automatic sprinkler system, 

including collapse of a tank that is part of 

the system. 

f. Volcanic Action. 

g. An electrical insulation breakdown test. 

h. A hydrostatic, pneumatic or gas pressure 

test. 

i. Water or other means intended to 

extinguish a fire, even when such an 

attempt is unsuccessful. 

j. Elevator collision. 

We will not pay for an "accident" caused by or 

resulting from any of the following perils, if 

such peril is a covered cause of loss under 

another coverage part or policy of insurance 

you have, whether collectible or not, and 

without regard to whether or not the other 

coverage part or policy of insurance provides 

the same coverage or scope of coverage as this 

policy. 

a. Falling Objects. 

b. Weight of Snow, Ice or Sleet. 

c. Water Damage, meaning discharge or 

leakage of water or steam as the direct 

result of the breaking apart or cracking of 

any part of a system or appliance 

containing water or steam. 

d. Collapse. 

e. Breakage of Glass. 

f. Freezing caused by cold weather. 

g. Discharge of molten material from 

equipment, including the heat from such 

discharged material. 

4. Exclusions 2. and 3. do not apply if all of the 

following are true: 

a. The excluded peril occurs away from any 

location described in the Declarations and 

causes an electrical surge or other 

electrical disturbance; 

b. Such surge or disturbance is transmitted 

through utility service transmission lines 

to a described location; 

C. At the described location, the surge or 

disturbance results in an "accident" to 

"covered equipment" that is owned or 

operated under the control of you or your 

landlord; and 

d. The loss, damage or expense caused by 

such surge or disturbance is not a covered 

cause of loss under another coverage part 

or policy of insurance you have, whether 

collectible or not, and without regard to 

whether or not the other coverage part or 

policy of insurance provides the same 

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coverage or scope of coverage as this 

policy. 

5. With respect to Business Income, Extra 

Expense and Service Interruption coverages, we 

will also not pay for: 

a. Loss associated with business that would 

not or could not have been carried on if 

the "accident" had not occurred; 

b. Loss caused by your failure to use due 

diligence and dispatch and all reasonable 

means to resume business; 

c. That part of any loss that extends beyond 

or occurs after the "period of restoration." 

This includes, but is not limited to: 

(2) You failed to comply with; 

whether or not you were aware of such 

non-compliance. 

C. LIMITS OF INSURANCE 

Any payment made under this Equipment 

Breakdown Coverage will not be increased if more 

than one insured is shown in the Declarations or if 

you are comprised of more than one legal entity. 

1. Equipment Breakdown Limit 

The most we will pay for loss, damage or 

expense arising from any "one accident" is the 

amount shown as the Equipment Breakdown 

Limit in the Declarations. 

(1) "Business income" that would have 2. Coverage Limits been earned after the "period of 

restoration," even if such loss is the a. The limit of yourinsurance under each of 

direct result of the suspension, lapse the coverages listed in A.2. from loss, 

or cancellation of a contract during damage or expense arising from any "one 

the "period of restoration"; and accident" is the amount indicated for that 

(2) "Extra expense" to operate your coverage in this Equipment Breakdown 

business after the "period of Coverage or as shown in the Declarations. 

restoration," even if such loss is These limits are a part of, and not in 

contracted for and paid during the addition to, the Equipment Breakdown 

"period of restoration." Limit. If a coverage is shown as 

"Included," that coverage is provided up to 

d. Any increase in loss resulting from an the remaining amount of the Equipment 

agreement between you and your customer Breakdown Limit. If no limit is shown in 

or supplier. This includes, but is not the Declarations for a coverage, or if a 

limited to, contingent bonuses or penalties, coverage is shown as Excluded in the 

late fees, demand charges beyond the Declarations, that coverage will be 

calendar month when the damaged considered to have a limit of $0. 

property is repaired or replaced, demurrage b. If two or more coverage limits apply to the charges and liquidated damages. same loss or portion of a loss, we will pay 

6. With respect to Off Premises Property Damage only the smallest of the applicable limits 

coverage and Service Interruption coverage, we for that loss or portion of the loss. This 

will also not pay for an "accident" caused by or means that if: 

resulting from any of the perils listed in (1) You have a loss under one of the Exclusion 3. above, whether or not such peril is coverages listed in A.2.; and a covered cause of loss under another coverage 

part or policy of insurance you have, (2) All or part of the loss is not covered 

7. With respect to Data Restoration coverage, we because the applicable coverage is

Excluded or has a limit that is less will also not pay to reproduce: than the amount of your loss, 

a. Software programs or operating systems we will not pay the remaining amount of that are not commercially available; or such loss under any other coverage. 

b. "Data" that is obsolete, unnecessary or EXAMPLE useless to you. 

8. With respect to Demolition and Ordinance or Property Damage Limit: 7,OOO,OOO 

Law coverages, we will also not pay for: Business Income Limit: 5OO,OOO 

a. Increased demolition or reconstruction Hazardous Substances Limit: 25,OOO 

costs until they are actually incurred; or There is an "accident" that results in a loss of 

b. Loss due to any ordinance or law that: 100,000. If no "hazardous substance" had been 

(1) You were required to comply with involved, the property damage loss would have been 

before the loss, even if the building 10,000 and the business income loss would have 

was undamaged; and been 20,000. The presence of the "hazardous 

substance" increased the loss by $70,000 (increasing 

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the clean up and repair costs by $30,000 and 

increasing the business income loss by 40,000). 

We will pay $55,000 (10,000 property damage plus 

20,000 business income plus $25,000 hazardous 

substances). 

D. DEDUCTIBLES 

1. Deductibles for Each Coverage 

a. Unless the Declarations indicate that your 

deductible is combined for all coverages, 

multiple deductibles may apply to any 

"one accident." 

b. We will not pay for loss, damage or 

expense under any coverage until the 

amount of the covered loss or damage 

exceeds the deductible amount indicated 

for that coverage in the Declarations. We 

will then pay the amount of loss, damage 

or expense in excess of the applicable 

deductible amount, subject to the 

applicable limit indicated in the 

Declarations. 

c. If deductibles vary by type of "covered 

equipment" and more than one type of 

"covered equipment" is involved in any 

"one accident," only the highest deductible 

for each coverage will apply. 

d. The following applies when a deductible is 

expressed as a function of the horsepower 

rating of a refrigerating or air conditioning 

system. If more than one compressor is 

used with a single system, the horsepower 

rating of the largest motor or compressor 

will determine the horsepower rating of the 

system. 

2. Direct and Indirect Coverages 

a. Direct Coverages Deductibles and Indirect 

Coverages Deductibles may be indicated 

in the Declarations. 

b. Unless more specifically indicated in the 

Declarations: 

(1) Indirect Coverages Deductibles 

apply to Business Income and Extra 

Expense loss, regardless of where 

such coverage is provided in this 

Equipment Breakdown Coverage; 

and 

(2) Direct Coverages Deductibles apply 

to all remaining loss, damage or 

expense covered by this Equipment 

Breakdown Coverage. 

EXAMPLE 

An "accident" results in covered losses as 

follows: 

100,000 Total Loss (all applicable coverages) 

35,000 Business Income Loss 

(including $2,000 of business income loss 

payable under Data Restoration coverage) 

5,000 Extra Expense Loss 

In this case, the Indirect coverages loss 

totals $40,000 before application of the 

Indirect Coverages Deductible. The Direct 

coverages loss totals the remaining 

60,000 before application of the Direct 

Coverages Deductible. 

3. Application of Deductibles 

a. Dollar Deductibles 

We will not pay for loss, damage or 

expense resulting from any "one accident" 

until the amount of loss, damage or 

expense exceeds the applicable deductible 

or deductibles shown in the Declarations. 

We will then pay the amount of loss, 

damage or expense in excess of the 

applicable deductible or deductibles, 

subject to the applicable limits shown in 

the Declarations. 

b. Time Deductibles 

We will not be liable for any loss 

occurring during the specified number of 

hours shown in the Declarations 

immediately following the "accident." 

E. LOSS CONDITIONS 

The following conditions apply: 

1. Abandonment 

There can be no abandonment of any property 

to us. 

2. Defense 

We have the right, but are not obligated, to 

defend you against suits arising from claims of 

owners of property in your care, custody or 

control. When we do this, it will be at our 

expense. 

3. Duties in the Event of Loss or Damage 

You must see that the following are done in the 

event of loss or damage: 

a. Give us a prompt notice of the loss or 

damage, including a description of the 

property involved. 

b. You must reduce your loss, damage or 

expense, if possible, by: 

(1) Protecting property from further 

damage. We will not pay for your 

failure to protect property, as stated 

in Exclusion Big.; 

(2) Resuming business, partially or 

completely at the location of loss or 

at another location; 

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(3) Making up lost business within a 4. Errors and Omissions 

reasonable amount of time. This a. We will pay your loss covered by this 

includes working extra time or Equipment Breakdown coverage if such 

overtime at the location of loss or at loss is otherwise not payable solely 

another location. The reasonable because of any of the following: 

amount of time does not necessarily (1) Any error or unintentional omission end when the operations are in the description or location of resumed; property as insured under this 

(4) Using merchandise or other policy; 

property available to you; (2) Any failure through error to include 

(5) Using the property or services of any premises owned or occupied by 

others; and you at the inception of this policy; 

(6) Salvaging the damaged property. or 

c. Allow us a reasonable time and (3) Any error or unintentional omission 

opportunity to examine the property and by you that results in cancellation 

premises before repair or replacement is of any premises insured under this 

undertaken or physical evidence of the policy. 

"accident" is removed. But you must take b. No coverage is provided as a result of any 

whatever measures are necessary for error or unintentional omission by you in 

protection from further damage. the reporting of values or the coverage you 

d. Make no statement that will assume any requested. 

obligation or admit any liability, for any c. It is a condition of this coverage that such 

loss, damage or expense for which we may errors or unintentional omissions shall be 

be liable, without our consent, reported and corrected when discovered. 

e. Promptly send us any legal papers or The policy premium will be adjusted 

notices received concerning the loss, accordingly to reflect the date the premises 

damage or expense. should have been added had no error or 

f. As often as may be reasonably required, omission occurred. 

permit us to inspect your property, 5. Proving Your Loss 

premises and records. Also permit us to It is your responsibility, at your own expense, 

take samples of damaged and undamaged to provide documentation to us: 

property for inspection, testing and 

a. Demonstrating that the loss, damage or 

analysis, and permit us to make copies expense is the result of an "accident" from your books and records, covered under this Equipment Breakdown 

g. If requested, permit us to examine you and Coverage; and 

any of your agents, employees and b. Calculating the dollar amount of the loss, representatives under oath. We may damage and expense that you claim is examine any insured under oath while not covered. in the presence of any other insured. Such 

examination: Your responsibility in 5.a, above is without 

(1) May be at any time reasonably regard to whether or not the possible "accident" 

required; occurred at your premises or involved your 

equipment. 

(2) May be about any matter relating to 6. Salvage and Recoveries this insurance, yourloss, damage or 

expense, or your claim, including, When, in connection with any loss under this 

but not limited to, your books and Equipment Breakdown Coverage, any salvage 

records; and or recovery is received after the payment for 

(3) May be recorded by us by any such loss, the amount of the loss shall be 

methods we choose, refigured on the basis on which it would have 

been settled had the amount of salvage or 

h. Send us a signed, sworn proof of loss recovery been known at the time the loss was 

containing the information we request. originally determined. Any amounts thus found 

You must do this within 60 days after our to be due either party from the other shall be 

request. paid promptly. 

i. Cooperate with us in the investigation and 7. Valuation 

settlement of the claim. 

We will determine the value of "covered 

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Case 1:20-cv-22055-CMA Document 1-2 Entered on FLSD Docket 05/15/2020 Page 38 of 104
property" as follows: f. Except as specifically provided for under 

a. Except as specified otherwise, our payment Data Restoration coverage, "data" and 

for damaged "covered property" will be the "media" will be valued on the following 

smallest of: basis: 

(1) The cost to repair the damaged (1) For mass-produced and 

property; commercially available software, at 

(2) The cost to replace the damaged the replacement cost. 

property on the same site; or (2) For all other "data" and "media," at 

(3) The amount you actually spend that the cost of blank "media" for 

is necessary to repair or replace the reproducing the records. We will 

damaged property. not pay for "data" representing 

b. The amount of our payment will be based 

financial records based on the face 

value of such records. 

on the most cost-effective means to replace 

the function, capacity and remaining useful 

life of the damaged property. This may F. ADDITIONAL CONDITIONS 

include the use of generic, used or The following conditions apply in addition to the 

reconditioned parts, equipment or property. Loss Conditions: 

c. Except as described in d. below, you must 1. Additional Insured 

pay the extra cost of replacing damaged If a person or organization is designated in this 

property with property of a better kind or Equipment Breakdown Coverage as an 

quality or of a different size or capacity. additional insured, we will consider them to be 

d. Environmental, Safety and Efficiency an insured under this Equipment Breakdown 

Improvements Coverage only to the extent of their interest in 

If "covered equipment" requires the "covered property." 

replacement due to an "accident," we will 2. Bankruptcy 

pay your additional cost to replace with The bankruptcy or insolvency of you or your 

equipment that we agree is better for the estate will not relieve you or us of any 

environment, safer for people or more obligation under this Equipment Breakdown 

energy efficient than the equipment being Coverage. 

replaced, subject to the following 3. Conccalmcnt, Misrepresentation or Fraud conditions: 

(1) We will not pay more than 125% of We will not pay for any loss and coverage will 

what the cost would have been to be void if you or any additional insured at any 

replace with like kind and quality; time: 

(2) We will not pay to increase the size a. Intentionally cause or allow loss, damage 

or capacity of the equipment; or expense in order to collect on 

(3) This provision only applies to insurance; or 

Property Damage coverage; b. Intentionally conceal or misrepresent a 

(4) This provision does not increase any material fact concerning: 

of the applicable limits; and (1) This Equipment Breakdown 

(5) This provision does not apply to the Coverage; 

replacement of component parts. (2) The "covered property"; 

e. If any one of the following conditions is (3) Your interest in the "covered 

met, property held for sale by you will be property, or 

valued at the sales price as if no loss or (4) A claim under this Equipment 

damage had occurred, less any discounts Breakdown Coverage. 

and expenses that otherwise would have 4. Jurisdictional Inspections 

applied: It is your responsibility to comply with any 

(1) The property was manufactured by state or municipal boiler and pressure vessel 

you; regulations. If any "covered equipment" that is 

(2) The sales price of the property is "covered property" requires inspection to 

less than the replacement cost of the comply with such regulations, at your option 

property; or we agree to perform such inspection. We do not 

(3) You are unable to replace the warrant that conditions are safe or healthful. 

property before its anticipated sale. 5. Legal Action Against Us 

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Case 1:20-cv-22055-CMA Document 1-2 Entered on FLSD Docket 05/15/2020 Page 39 of 104
No one may bring a legal action against us 

under this Equipment Breakdown Coverage equipment" to you and each mortgage 

unless: holder shown in the Declarations in their 

a. There has been full compliance with all order of precedence, as interests in the 

the terms of this Equipment Breakdown "covered property" may appear. 

Coverage; and c. The mortgage holder has the right to 

b. The action is brought within two years receive loss payment even if the mortgage 

after the date of the "accident"; or holder has started foreclosure or similar 

c. We agree in writing that you have an action on the "covered property." 

obligation to pay for damage to "covered d. If we deny your claim because of your acts 

property" of others or until the amount of or because you have failed to comply with 

that obligation has been determined by the terms of this Equipment Breakdown 

final judgment or arbitration award. No Coverage, the mortgage holder will still 

one has the right under this policy to bring have the right to receive loss payment, 

us into an action to determine your provided the mortgage holder does all of 

liability, the following: 

6. Liberalization (1) Pays any premium due under this 

If we adopt any standard form revision for Equipment Breakdown Coverage at 

general use that would broaden the coverage our request if you have failed to do 

under this Equipment Breakdown Coverage so; 

without additional premium, the broadened (2) Submits a signed, sworn proof of 

coverage will apply to this Equipment loss within 60 days after receiving 

Breakdown Coverage commencing on the date notice from us of your failure to do 

that such revision becomes effective in the so; 

jurisdiction where the "accident" occurs. (3) Has notified us of any change in 

7. Loss Payable ownership or material change in risk 

a. We will pay you and the loss payee shown known to the mortgage holder; and 

in the Declarations for loss covered by this (4) Has complied with all other terms 

Equipment Breakdown Coverage, as and conditions of this Policy. 

interests may appear. The insurance covers All of the terms of this Equipment 

the interest of the loss payee unless the Breakdown Coverage will then apply 

loss results from conversion, secretion or directly to the mortgage holder. 

embezzlement on your part or on the Part e. If we pay the mortgage holder for any loss 

of the loss payee. and deny payment to you because of your 

b. We may cancel the policy as allowed by acts or because you have failed to comply 

the Cancellation Condition. Cancellation with the terms of this Equipment 

ends this agreement as to the loss payee's Breakdown Coverage: 

interest. If we cancel, we will mail you (1) The mortgage holder's right under 

and the loss payee the same advance the mortgage will be transferred to 

notice, us to the extent of the amount we 

c. If we make any payment to the loss payee, pay; and 

we will obtain their rights against any (2) The mortgage holder's right to 

other party. recover the full amount of the 

8. Maintaining Your Property and Equipment mortgage holder's claim will not be 

It is your responsibility to appropriately impaired. 

maintain your property and equipment. We will At our option, we may pay to the mortgage 

not pay your costs to maintain, operate, protect holder the whole principal on the mortgage 

or enhance your property or equipment, even if plus any accrued interest. In this event, 

such costs are to comply with our your mortgage and note will be transferred 

recommendations or prevent loss, damage or to us and you will pay your remaining 

expense that would be covered under this mortgage debt to us. 

policy. f. If we cancel this policy, we will give 

9. Mortgage Holders written notice to the mortgage holder at 

a. The term mortgage holder includes trustee, least: 

b. We will pay for direct damage to "covered (1) 10 days before the effective date of 

property" due to an "accident" to "covered cancellation if we cancel for your 

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Case 1:20-cv-22055-CMA Document 1-2 Entered on FLSD Docket 05/15/2020 Page 40 of 104
nonpayment of premium; or 

(2) 30 days before the effective date of 

cancellation if we cancel for any 

other reason. 

g. If we elect not to renew this policy, we 

will give written notice to the mortgage 

holder at least 10 days before the 

expiration date of this policy. 

h. If we suspend coverage, it will also be 

suspended as respects the mortgage holder. 

We will give written notice of the 

suspension to the mortgage holder. 

10. Other Insurance 

If there is other insurance that applies to the 

same loss, damage or expense, this Equipment 

Breakdown Coverage shall apply only as excess 

insurance after all other applicable insurance 

has been exhausted. 

11. Policy Period, Coverage Territory 

Under this Equipment Breakdown Coverage: 

a. The "accident" must occur during the 

Policy Period, but expiration of the policy 

does not limit our liability. 

b. The "accident" must occur within the 

following Coverage Territory: 

(1) The United States of America 

(including its territories and 

possessions); 

(2) Puerto Rico; and 

(3) Canada. 

12. Privilege to Adjust with Owner 

In the event of loss, damage or expense 

involving property of others in your care, 

custody or control, we have the right to settle 

the loss, damage or expense with respect to 

such property with the owner of the property. 

Settlement with owners of that property will 

satisfy any claim of yours. 

13. Suspension 

Whenever "covered equipment" is found to be 

in, or exposed to, a dangerous condition, any of 

our representatives may immediately suspend 

the insurance against loss from an "accident" to 

that "covered equipment." This can be done by 

delivering or mailing a written notice of 

suspension to: 

a. Your last known address; or 

rata refund of premium for that "covered 

equipment" for the period of suspension. But 

the suspension will be effective even if we have 

not yet made or offered a refund. 

14. Transfer of Rights of Recovery Against 

Others to Us 

If any person or organization to or for whom 

we make payment under this Equipment 

Breakdown Coverage has rights to recover 

damages from another, those rights are 

transferred to us to the extent of our payment. 

That person or organization must do everything 

necessary to secure our rights and must do 

nothing after loss to impair them. But you may 

waive your rights against another party in 

writing: 

a. Prior to an "accident." 

b. After an "accident" only if, at time of the 

"accident," that party is one of the 

following: 

(1) Someone insured by this Policy; or 

(2) A business firm: 

(a) Owned or controlled by you; 

or 

(b) That owns or controls you. 

G. DEFINITIONS 

1. "Accident" 

a. "Accident" is defined in A. La. 

b. None of the following is an "accident," 

however caused and without regard to 

whether such condition or event is normal 

and expected or unusual and unexpected: 

(1) Depletion, deterioration, rust, 

corrosion, erosion, settling or wear and 

tear; 

(2) Any gradually developing condition; 

(3) Any defect, programming error, 

programming limitation, computer 

virus, malicious code, loss of "data," 

loss of access, loss of use, loss of 

functionality or other condition within 

or involving "data" or "media" of any 

kind; 

(4) Contamination by a "hazardous 

substance"; or 

b. The address where the "covered (5) Misalignment, miscalibration, tripping 

equipment" is located, off-line, or any condition which can be 

Once suspended in this way, your insurance can corrected by resetting, tightening, 

be reinstated only by an endorsement for that adjusting or cleaning, or by the 

"covered equipment." performance of maintenance. 

If we suspend your insurance, you will get a pro 2. "Building Utilities" means "covered 

equipment" permanently mounted on or in a 

building and used to provide any of the 

following services within the building: heating, 

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Case 1:20-cv-22055-CMA Document 1-2 Entered on FLSD Docket 05/15/2020 Page 41 of 104
3. 

4. 

5. 

ventilating, air conditioning, electrical power, 

hot water, elevator or escalator services, natural (15) Conveyors, cranes or hoists; or 

gas service or communications. "Building (16) Mobile Magnetic Resonance Imaging utilities" does not include personal property or equipment (MRI) until it has operated equipment used in manufacturing or processing. for four continuous hours at the 

"Buried Vessels or Piping" means any piping location where the "accident" occurs. 

or vessel buried or encased in the earth, 6. "Covered Property" concrete or other material, whether above or 

below grade, or in an enclosure which does not a. "Covered Property" means property that 

allow access for inspection and repair. you own or property that is in your care, 

"Business Income" means the sum of: 

custody or control and for which you are 

legally liable. Such property must be at a 

a. The Net Income (net profit or loss before location described in the Declarations 

income taxes) that would have been earned except as provided under Off Premises 

or incurred; and Property Damage coverage. 

b. Continuing normal and necessary b. None of the following is "covered 

operating expenses incurred, including property": 

employee payroll. (1) Accounts, bills, currency, deeds or 

"Covered Equipment" other evidences of debt, money, notes 

a. "Covered Equipment" is defined in A. 1.b. or securities; 

b. None of the following is "covered (2) Fine arts, jewelry, furs or precious 

equipment": stones; 

(1) Structure, including but not limited to (3) Precious metal, unless forming a part 

the structural portions of buildings and of "covered equipment"; 

towers, scaffolding, and any air (4) Animals; 

supported enclosure; (5) Contraband, or property in the course 

(2) Foundation; of illegal transportation or trade; 

(3) Cabinet, compartment, conduit or (6) Land (including land on which the 

ductwork; property is located), water, trees, 

(4) Insulating or refractory material; growing crops or lawns; 

(5) "Buried vessels or piping" and any (7) Shrubs or plants, unless held indoors 

other equipment located underground for retail sale; or 

or wholly or partly buried (8) Media used in trickle filters or other 

underground; sewage processing equipment, 

(6) Waste, drainage or sewer piping; including but not limited to biological 

(7) Piping, valves or fittings forming a or plastic media. 

part of a sprinkler or fire suppression 7. "Data" means information or instructions 

system; stored in digital code capable of being 

(8) Water piping that is not part of a processed by machinery. 

closed loop used to conduct heat or 8. "Extra Expense" means the additional cost 

cooling from a boiler or a refrigeration you incur to operate your business over and 

or air conditioning system; above the cost that you normally would have 

(9) "Vehicle" or any equipment mounted incurred to operate your business during the 

on a "vehicle", unless the "vehicle" is same period had no "accident" occurred. 

parked within the Coverage Territory 9. "Hazardous Substance" means any substance 

and the equipment is in use or that is hazardous to health or has been declared 

connected, ready for use; to be hazardous to health by a governmental 

(10) Satellite, spacecraft or any equipment agency. 

mounted on a satellite or spacecraft; 10. "Media" means material on which "data" is 

(11) Dragline, excavation or construction recorded, such as magnetic tapes, hard disks, 

equipment; optical disks or floppy disks. 

(12) Equipment manufactured by you for 11. "One Accident" means all "accidents" 

sale occurring at the same time from the same 

(13) "Data"; event. If an "accident" causes other "accidents," 

(14) Rotating biological contactors; all will be considered "one accident." 

12. "Period of Restoration" means the period of 

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Case 1:20-cv-22055-CMA Document 1-2 Entered on FLSD Docket 05/15/2020 Page 42 of 104
time that begins at the time of the "accident" 

and continues until the earlier of: 

a. The date the physical damage to "covered 

equipment" is repaired or replaced; or 

b. The date on which such damage could 

have been repaired or replaced with the 

exercise of due diligence and dispatch, 

plus an additional 5 days. 

13. "Perishable Goods" means any "covered 

property" subject to deterioration or 

impairment as a result of a change of 

conditions, including but not limited to 

temperature, humidity or pressure. 

14. "Spoilage" means any detrimental change in 

state. This includes but is not limited to thawing 

of frozen goods, warming of refrigerated goods, 

freezing of fresh goods, solidification of liquid 

or molten material and chemical reactions to 

material in process. 

15. "Vehicle" means any machine or apparatus that 

is used for transportation or moves under its 

own power. "Vehicle" includes, but is not 

limited to, car, truck, bus, trailer, train, aircraft, 

watercraft, forklift, bulldozer, tractor or 

harvester. 

However, any property that is stationary, 

permanently installed at a covered location and 

that receives electrical power from an external 

power source will not be considered a "vehicle." 

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Case 1:20-cv-22055-CMA Document 1-2 Entered on FLSD Docket 05/15/2020 Page 43 of 104
ASPPRO03 0204 

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. 

EXCLUSION OF TERRORISM (WITH UMITED EXCEPTION) 

AND EXCLUSION OF WAR AND MIUTARY ACTION 

This endorsement modifies insurance provided under the following: 

COMMERCIAL INLAND MARINE COVERAGE PART 

COMMERCIAL PROPERTY COVERAGE PART 

FARM COVERAGE PART 

STANDARD PROPERTY POLICY 

A. The War And Military Action Exclusion is 

replaced by the following Exclusion. With respect 

to any Coverage Form to which the War And 

Military Action Exclusion does not apply, that 

Exclusion is hereby as follows. 

WAR AND MIUTARY ACTION EXCLUSION 

We will not pay for loss or damage caused 

directly or indirectly by the following. Such loss 

or damage is excluded regardless of any other 

cause or event that contributes concurrently or in 

any sequence to the loss. 

1. War, including undeclared or civil war; or 

2. Warlike action by a military force, including 

action in hindering or defending against an 

actual or expected attack, by any 

government, sovereign or other authority 

using military personnel or other agents; or 

3. Insurrection, rebellion, revolution, usurped 

power, or action taken by governmental 

authority in hindering or defending against 

any of these. 

With respect to any action that comes within the 

terms of this exclusion and involves nuclear 

reaction or radiation, or radioactive 

contamination, this War And Military Action 

Exclusion supersedes the Nuclear Hazard 

Exclusion. 

B Regardless of the amount of damage and 

losses, the Terrorism Exclusion applies to any 

incident of terrorism that involves the use, 

release or escape of pathogenic or poisonous 

biological or chemical materials, or of nuclear 

materials, or to any incident that directly or 

indirectly results in nuclear reaction or 

radiation or radioactive contamination. 

In incidents of terrorism other than those 

described in the preceding sentence, the 

Terrorism Exclusion will not apply unless the 

damage to all types of property (in the United 

States, it territories and possesions, Puerto 

Rico and Canada) , sustained by all persons 

and entities affected by the terrorism(and 

including business interruption losses 

sustained by owners or occupants of such 

damaged property), all whether of not 

insured, exceeds a total of $25,000,000 

attributable to a single incident of terrorism or 

to multiple incidents which occur within a 

72-hour period and appear to be carried out in 

concert or to have a related purpose or 

common leadership. 

TERRORISM EXCLUSION 

We will not pay for loss or damage caused 

directly or indirectly by terrorism, including 

action in hindering or defending against an 

actual or expected incident of terrorism, Such 

loss or damage is excluded regardless of any 

other cause or event that contributes 

concurrently or in any sequence to the loss. 

Terrorism means activities against persons, 

organizations or property of any nature: 

1. That involve the following or preparation for 

the following: 

a. Use or threat of force or violence; 

b. Commission or threat of a dangerous act; or 

c. Commision or threat of an act that interferes 

with or disrupts an electronic, 

communication, information, or mechanical 

system; and 

2. When one or both of the following applies: 

a. The effect is to intimidate or coerce a 

government or the civilian population or any 

segment thereof, or to disrupt any segment of 

the economy; or 

Case 1:20-cv-22055-CMA Document 1-2 Entered on FLSD Docket 05/15/2020 Page 44 of 104
ASPPRO03 0204 

b. It appears that the intent is to intimidate or 

coerce a government, or to further political, 

ideological, religious, social or ecomic objectives or to 

express (or express opposition to) a philosophy or 

ideology.. 

But with respect to any such activity that also comes 

within the terms of the War And Military Action 

Exclusion, that exclusion supersedes this Terrorism 

Exclusion. 

In the event of an act of terrorism that involes nuclear 

reaction or radiation, or radioactive contamination, 

this Terrorism Exclusion supersedes the Nuclear 

Hazard Exclusion. 

Case 1:20-cv-22055-CMA Document 1-2 Entered on FLSD Docket 05/15/2020 Page 45 of 104
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE REM) IT CAREFULLY. 

NUCLEAR, BIOLOGICAL, CHEMICAL, OR RADIOLOGICAL 

TERRORISM EXCLUSION 

This endorsement modifies insurance provided under this Policy. 

In consideration of the premium charged, it is agreed that: 

1. Notwithstanding anything to the contrary contained within the Policy, the following exclusion is added to the 

Policy: 

Nuclear, Biological, Chemical, Or Radiological Terrorism 

No coverage willbe available under this insurance for any loss, cost, damage, expense, injury, claim or suit, 

caused by, arising out of, or resulting directly or indirectly, in whole or in part from any act of Nuclear, 

Biological, Chemical, Or Radiological Terrorism, regardless of any other cause or event that contributes 

concurrently or in any other sequence to the act of Nuclear, Biological, Chemical, Or Radiological 

Terrorism. 

2. For the purpose of this Endorsement the following Definitions are added to the Policy: 

Biological Agent means any pathogenic (disease producing) micro-organism(s) and/or biological produced 

toxin(s), including genetically modified organisms and chemically synthesized toxin(s) which caused illness, 

damage, injury or death in humans, animals, or plants. 

Chemical Agent means any compound which, when disseminated, produces incapacitating illness, or 

damaging and/or lethal effects on people, animals, plants, or property. 

Nuclear, Biological, Chemical, Or Radiological Terrorism means the: 

a. Dispersal, application, or release of radioactive material; 

b. Use of any nuclear weapon or device that involves or produces a nuclear reaction, nuclear radiation, or 

radioactive contamination; or 

c. Emission, discharge, dispersal, release, or escape of any solid, liquid or gaseous biological agent and/or 

chemical agent; 

by any person or group(s) of persons, whether acting alone, or on behalf of or in connection with any 

organization(s) or government(s), committed for political, religious, ideological purposes or reasons, including 

the intention to influence any government and/or to put the public, or any section of the public, in fear. 

ALL OTHER TERMS, CONDITIONS AND EXCLUSIONS REMAIN UNCHANGED. 

ASPCO023 1012 © Aspen Specialty Insurance Company, 2012 Page 1 of 1 

Case 1:20-cv-22055-CMA Document 1-2 Entered on FLSD Docket 05/15/2020 Page 46 of 104
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. 

SEEPAGE AND/OR POLLUTION AND/OR CONTAMINATION EXCLUSION 

INCLUDING DEBRIS REMOVAL AND COST OF CLEAN UP EXTENSION and 

AUTHORITIES EXCLUSION 

and 

ASBESTOS MATERIAL REMOVAL LIMITATION 

SEEPAGE AND/OR POLLUTION AND/OR CONTAMINATION EXCLUSON 

Notwithstanding any provision in the Policy to which this Endorsement is attached, this Policy does not 

insure against loss, damage, costs or expenses in connection with any kind or description of seepage and/or 

pollution and/or contamination, direct or indirect, arising from any cause whatsoever. 

Nevertheless, if fire is not excluded from this Policy and a fire arises directly or indirectly from seepage 

and/or pollution and/or contamination, any loss or damage insured under this Policy arising directly from that 

fire shall (subject to the terms, conditions and limitations of the Policy) be covered. 

However, if the insured property is the subject of direct physical loss or damage for which underwriters have 

paid or agreed to pay, then this Policy (subject to its terms, conditions and limitations) insures against direct 

physical loss or damage to the property insured hereunder caused by resulting seepage and/or pollution and/or 

contamination. 

The Insured shall give notice to the underwriters of intent to claim NO LATER THAN TWELVE (12) 

MONTHS AFTER THE DATE OF THE ORIGINAL PHYSICAL LOSS OR DAMAGE. 

DEBRIS REMOVAL AND COST OF CLEAN UP EXTENSION 

Notwithstanding the provisions of the preceding Exclusion in this Endorsement or any provision respecting 

seepage and/or pollution and/or contamination, and or debris removal and/or clean up in the Policy to which 

this Endorsement is attached, in the event of direct physical loss or damage to the property insured hereunder, 

this Policy (subject otherwise to its terms, conditions and limitations, including but not limited to any 

applicable deductible) also insures within the sum insured: 

(a) Expenses incurred in removal of debris of the property insured hereunder destroyed or damaged from the 

premises of the insured; and/or 

(b) Cost of clean up, at the premises of the Insured, made necessary as a result of such loss or damage. 

Provided that this Policy does not insure against the costs of decontamination or removal of water, soil or any 

other substance on or under such premises. 

ASPPRO81 

600 Atlantic Avenue 21st Fl Boston Massachusetts 02210 Phone 617-532-7300 Fax 617-532-7314 

Case 1:20-cv-22055-CMA Document 1-2 Entered on FLSD Docket 05/15/2020 Page 47 of 104
SEEPAGE AND/OR POLLUTON AND/OR CONTAMINATION EXCLUSION: continued 

It is a condition precedent to recovery under this Extension that Underwriters shall have paid or agreed to pay 

for physical loss or damage to the property insured hereunder unless such payment is precluded solely by the 

operation of any deductible and that the Insured shall give notice to the Underwriters of intent to claim for 

cost of removal of debris or cost of clean up NO LATER THAN TWELVE (12) MONTHS AFTER THE 

DATE OF SUCH PHYSICAL LOSS OR DAMAGE. 

AUTHORITIES EXCLUSION 

Notwithstanding any of the preceding provision of this Endorsement or any provision of the Policy to which 

this Endorsement is attached, this Policy does not insure against loss, damage, costs, expenses, fines or 

penalties incurred or sustained by or imposed on the Insured at the order of any Government Agency, Court or 

other Authority arising from any cause whatsoever. Without restricting the generality of the foregoing, the 

Policy does not cover claims arising out of the following U.S. legislation or amendments thereto: 

(a) Resource Conservation and Recovery Act (R.C.R.A.) commonly known as Solid Waste Disposal Act. 

(b) Comprehensive Environmental Response, Compensation and Liability Act (C.E.R.C.L.A.) commonly 

known as Superfund. 

(c) Superfund Amendments and Reauthorization Act (SARA.) commonly known as Superfund Two. 

ASBESTOS MATERIAL REMOVAL LIMITATION 

This policy does not insure loss, damage or expense to remove, or replace asbestos materials unless such 

materials are themselves damaged by an insured peril. 

Notwithstanding that competent Government Authority may declare all or parts of the insured premises unfit 

for occupancy without removal or modifications to asbestos materials, the Company's liability is limited to the 

proportion represented by the cost to repair the damaged part of the premises, not the entire property. 

Similarly, if the policy provides any coverage for business interruption, rental value or other loss of use or 

occupancy, such coverage shall be limited to the time necessary to repair or replace only the damaged 

portion(s) of the premises. 

Nothing in the Endorsement shall override any radioactive contamination exclusion clause in the Policy to 

which this Endorsement is attached. 

All other terms and conditions of this policy remain unchanged. 

ASPPRO81 

600 Atlantic Avenue 21st Fl Boston Massachusetts 02210 Phone 617-532-7300 Fax 617-532-7314 

Case 1:20-cv-22055-CMA Document 1-2 Entered on FLSD Docket 05/15/2020 Page 48 of 104
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. 

EXTERIOR INSULATION AND FINISHING SYSTEMS EXCLUSION 

ENDORSEMENT 

Buildings constructed of Exterior Insulation and Finishing Systems (EIFS), Dryvit, or Synthetic Stucco are excluded from 

coverage under this policy as respects the perils of Windstorm and Hail, and subsequent Water Damage, but only to the 

extent that those perils and subsequent Water Damage involve, or result from damage to areas of a building containing 

or covered by Exterior Insulation and Finishing Systems (EIFS), Dryvit, or Synthetic Stucco. 

All other terms and conditions of The Policy remain unchanged. 

ASPPR082 1014 Page 1 of 1 

Case 1:20-cv-22055-CMA Document 1-2 Entered on FLSD Docket 05/15/2020 Page 49 of 104
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. 

EXCLUSION AND LIMITED ADDITIONAL COVERAGE FOR FUNGUS 

This Endorsement modifies insurance provided under all Coverage Parts: 

A. The Following Exclusion is added: 

EXCLUSION - "Fungus", Wet Rot, Dry Rot and Bacteria 

We will not pay for loss or damage caused directly or indirectly by the presence, growth, proliferation, 

spread or any activity of fungus, wet or dry rot or bacteria. Such loss or damage is excluded regardless 

of any other cause or event that contributes concurrently or in any sequence to the loss. But if fungus, 

wet or dry rot or bacteria results in a covered cause of loss, we will pay for the loss or damage caused 

by the covered cause of loss. 

This exclusion does not apply: 

1. When "fungus", wet or dry rot or bacteria results from fire or lightning; or 

2. To the extent that coverage is provided in the Additional Coverage - Limited Coverage For "Fungus", 

Wet Rot, Dry Rot And Bacteria with respect to loss or damage by a cause of loss other than fire or 

lightning. 

B. The following Additional Coverage is added: 

ADDITIONAL COVERAGE - Limited Coverage for "Fungus", Wet Rot, Dry Rot and Bacteria 

1. This limited coverage applies only when the "fungus", wet or dry rot or bacteria is the result of one 

or more of the following causes that occurs during the policy period and only if all reasonable means 

were used to save and preserve the property from further damage at the time of and after that 

occurrence, and only if any loss resulting from the following is reported to us within 60 days of the 

occurrence. 

a. A covered cause of loss other than fire or lightning; or 

b. Flood, if Flood Coverage Endorsement applies to the affected premises. 

2. Under conditions described in item B.1. above, we will pay for loss or damage by "fungus", wet or 

dry rot or bacteria. As used in the Limited Coverage, the term loss or damage means: 

a. Direct physical loss or damage to Covered Property caused by "fungus", wet or dry rot or 

bacteria, including the cost of removal of the "fungus", wet or dry rot or bacteria; 

b. The cost to tear out and replace any part of the building or other property as needed to gain 

access to the "fungus", wet or dry rot or bacteria; and 

c. The cost of testing performed after removal, repair, replacement or restoration of the damaged 

property is completed, provided there is a reason to believe that "fungus, wet or dry rot or 

bacteria are present. 

ASPPRO89 Page 1 of 

600 Atlantic Avenue 21st Fl Boston Massachusetts 02210 Phone 617-532-7300 Fax 617-532-7314 

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3. The coverage provided under this Limited Coverage is limited to $15,000. Regardless of the number 

of claims, this limit is the most we will pay for the total of all loss or damage arising out of all 

occurrences which take place in a 12-month period (starting with the beginning of the present annual 

policy period). With respect to a particular occurrence of loss which results in fungus, wet or dry 

rot or bacteria continues to be present or active, or recurs, in a later policy period. 

4. The coverage provided under this Limited Coverage does not increase the applicable Limit of 

Insurance on any Covered Property. If a particular occurrence results in loss or damage by "fungus", 

wet or dry rot or bacteria, and other loss or damage, we will not pay more for the total of all loss or 

damage, than the applicable Limit of Insurance on the affected Covered Property. 

5. If there is covered loss or damage to Covered Property, not caused by "fungus", wet or dry rot or 

bacteria, loss payment will not be limited by the terms of this Limited Coverage, except to the extend 

that "fungus", wet or dry rot or bacteria causes an increase in the loss. Any such increase in the loss 

will be subject to the terms of this Limited Coverage. 

C. The following definition is added: 

"Fungus" means any type or form of fungus, including mold or mildew, and any mycotoxins, spores, 

scents or by-products produced or released by fungi. 

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ASPPRO89 

600 Atlantic Avenue 21st Fl Boston Massachusetts 02210 Phone 617-532-7300 Fax 617-532-7314 

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THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. 

COMMERCIAL PROPERTY EXTENSION 

SCHEDULE 

COVERAGE LIMIT OF INSURANCE 

Personal Effects Property of Others $5,000 

Fire Department Service Charge $5,000 

Fire Suppression System $5,000 

Computer Equipment $25,000 

Accounts Receivable $20,000 

Outdoor Property (Fence, Radio, TV, Antennas, Signs Only) $20,000 

Spoilage $10,000 

Valuable Papers $20,000 

Money and Securities $5,000 

Water Backup Or Overflow Of Sewers and Drains $5,000 

Employee Dishonesty $5,000 

In consideration of the $PREMlUMx premium charge, it is agreed that: 

The amounts of insurance stated in the above schedule apply in accordance with terms or such coverages and are 

separate from the Limits of Insurance shown on the Declarations for any of these coverages. The limits shown above 

do not increase the total Limits of Insurance shown on the Declarations. 

The following is added as an Additional Coverage to the CAUSES OF LOSS- SPECIAL FORM: 

1. PERSONAL EFFECTS AND PROPERTY OF OTHERS 

You may extend the insurance that applies to Your Business Personal Property to apply to: 

a. Personal effects owned by you, your officers, your partners or members, your managers or your employees. 

This extension does not apply to loss or damage by theft. 

b. Personal property of others in your care, custody or control. 

The most we will pay for loss or damage under this Extension is $5,000 at each described premises. Our 

payment for loss of or damage to personal property of others will only be for the account of the owner of the 

property. 

2. FIRE DEPARMENT SERVICE CHARGE 

When the fire department is called to save or protect Covered Property from a Covered Cause of Loss we will 

pay up to $5,000 for your liability for the fire department service charges: 

a. Assumed by contract or agreement prior to loss; or 

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b. Required by local ordinance 

3. FIRE SUPPRESSION SYSTEM 

a. We will pay: 

(1) To recharge or refill fire protective equipment; and 

(2) To clean up and remove the fire extinguishing agent; 

resulting from the discharge of a fire extinguishing agent from the protective equipment. 

b. The discharge must: 

(1) Be caused by a Covered Cause of Loss; 

(2) Result from the intended operation of the fire protective equipment to prevent or control a Covered 

Cause of Loss; or 

(3) Be accidental or result from a malfunction of the fire protective equipment. 

c. We will not pay for loss or damage: 

(1) If you fail to use reasonable care to maintain the fire protective equipment in proper operating condition; 

or 

(2) If caused by discharge at the time of servicing, refilling, or testing of the fire protective equipment. 

d. The most we will pay for loss under this coverage is $5,000 anyone occurrence. 

4. COMPUTER EQUIPMENT 

You may extend the insurance that applies to Your Business Personal Property to apply to: 

a. Computer equipment and related component parts that are: 

(1) Your property; or 

(2) The property of others that is in your care, custody or control; 

b. Your instructional material and prepackaged software programs purchased for use with your computer 

system; or 

c. Your blank electronic or magnetic "media". 

d. The most we will pay for loss or damage under the Extension is $25,000 at each described premises. 

5. ACCOUNTS RECEIVABLE 

You may extend the insurance that applies to Your Business Personal Property to: 

a. All amounts due from your customers that you are unable to collect; 

b. Interest charges on any loan required to offset amounts you are unable to collect pending our payment of 

these amounts; 

c. Collection expenses in excess of your normal collection expenses that are made necessary by the loss or 

damage; and 

d. Other reasonable expenses that you incur to establish your Records of Accounts Receivable; 

that result from loss or damage to your Records of Accounts Receivable. The most we will pay under this 

Extension is $20,000 at each described premises. 

6. OUTDOOR PROPERTY 

You may extend the insurance provided by this Coverage Form to apply to your outdoor fences, radio and 

television antennas (including satellite dishes), signs (other than signs attached to buildings), trees, shrubs and 

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plants (other than stock of trees, shrubs or plants), including debris removal expense, caused by or resulting 

from any of the following causes of loss if they are Covered Causes of Loss: 

a. Fire; 

b. Lightning; 

c. Explosion; 

d. Riot or Civil Commotion; 

e. Aircraft; or 

f. Wind. 

The most we will pay for loss or damage under this Extension is $20,000, but not more than $500 for any one 

tree, shrub or plant. These limits apply to any one occurrence, regardless of the types or number of items lost or 

damaged in that occurrence. 

7. SPOILAGE 

You may extend the insurance that applies to Your Business Personal Property for Covered Causes of Loss 

shown in the Declarations, but only with respect to coverage provided by this endorsement. 

a. Covered Property 

(1) Covered Property means "perishable stock" at the premises described in the Declarations owned by you 

or by others that is in your care, custody or control. 

b. Property Not Covered 

(1) Covered Property does not include property located: 

(a) On buildings; 

(b) In the open; or 

(C) In "vehicles". 

The following Exclusions are added: 

We will not pay for loss or damage caused directly or indirectly by any of the following. Such loss or damage is 

excluded regardless of any other cause or event that contributes concurrently or in any sequence to the loss: 

a. The disconnection of any refrigerating, cooling, or humidity control system from its source of power. 

b. The deactivation of electrical power caused by the manipulation of any switch or other device used to control 

the flow of electrical power or current. 

c. The inability of an Electrical Utility Company or other power source to provide sufficient power due to: 

(1) Lack of fuel; or 

(2) Governmental order. 

d. The inability of a power source at the described premises to provide sufficient power due to lack of 

generating capacity to meet demand. 

e. Breaking of any glass that is a permanent part of any refrigerating, cooling or humidity control unit. 

When Special is shown in the Declarations, Covered Causes of Loss includes: 

a. Breakdown or Contamination by: 

(1) Change in temperature or humidity resulting from mechanical breakdown or failure of refrigerating, 

cooling or humidity control apparatus or equipment, but only while such equipment or apparatus is at the 

premises described in the Declarations; and 

(2) Contamination by the refrigerant. 

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b. Power Outage, meaning a change in temperature or humidity resulting from complete or partial interruption 

of electrical power, resulting from a cause of loss by a covered peril on the premises described in the 

Declarations, due to conditions beyond your control. 

The most we will pay for any one occurrence is $10,000 per described premises. 

8. VALUABLE PAPERS 

Under this extension, the most we will pay to replace or restore the lost information is $20,000 at each described 

premises, unless a higher limit is shown in the Declarations. Such amount is additional insurance. We will also 

pay for the cost of blank material for reproducing the records (whether or not duplicates exist), and (when there 

is a duplicate) for the cost of labor to transcribe; or copy the records. The costs of blank material and labor are 

subject to the applicable Limit of Insurance on Your Business Personal Property and therefore coverage on such 

costs is not additional insurance. 

9. MONEY AND SECURITIES 

a. You may extend the insurance that applies to Your Business Personal Property to the loss of "money" and 

"securities" resulting from "theft," disappearance or destruction. 

b. The most we will pay under this Extension is $5,000 in any one policy year, regardless of the number of 

occurrences of loss or the number of premises. 

10. WATER BACKUP OR OVERFLOW OR SEWERS AND DRAINS 

a. We will pay for direct physical loss or damage to Covered Property caused by or resulting from water that 

backs up or overflows or is otherwise discharged from a sewer, drain, sump, or sump pump. 

b. The most we will pay for this extension is $5,000 at each described premises. 

11. EMPLOYEE DISHONESTY 

a. We will pay for direct loss of or damage to Business Personal Property and "money" and "securities" 

resulting from dishonest acts committed by any of your employees acting alone or in collusion with other 

persons (except you or your partner) with the manifest intent to: 

(1) Obtain financial benefit (other than salaries, commissions, fees, bonuses, promotions, awards, profit 

sharing, pensions or other employee benefits earned in the normal course of employment) for: 

(a) Any employee; or 

(b) Any other person or organization. 

b. We will not pay for loss or damage: 

(1) Resulting from any dishonest or criminal act that you or any of your partners or members commit 

whether action alone or in collusion with other persons. 

(2) Resulting from any dishonest act committed by any of your employees (except as provided in paragraph 

a. above), managers or directors: 

(a) Whether acting alone or in collusion with other persons; or 

(b) While performing services for you or otherwise. 

(3) The only proof of which as to its existence or amount is: 

(a) An inventory computation; or 

(b) A profit and loss computation. 

c. The most we will pay for loss or damage in any one occurrence under this extension is $5,000 at each 

described premises. 

d. All loss or damage: 

(1) Caused by one or more persons; or 

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(2) Involving a single act or series of acts; is considered one occurrence. 

e. This extension of coverage is cancelled as to any employee immediately upon discovery by: 

(1) You; or 

(2) Any of your partners, members, managers, officers or directors not in collusion with the employee; of any 

dishonest act committed by that employee before and after being hired by you. 

f. We will pay only for covered loss or damage sustained during the policy period and discovered by you during 

the policy period shown in the Declarations. 

g. With respect to this Employee Dishonesty extension of coverage, employee means: 

(1) Any natural person: 

(a) While in your service and for thirty (30) days after termination of service; 

(b) Who you compensate directly by salary, wages, or commissions; and 

(C) Who you have the right to direct and control while performing services for you 

(2) Any natural person who is furnished temporarily to you: 

(a) To substitute for a permanent employee as defined in paragraph (1) above, who is on leave; or 

(b) To meet seasonal or short-term workload conditions. 

(3) Any natural person who is leased to you under a written agreement between you and a labor leasing 

firm, to perform duties related to the conduct of your business, but does not mean a temporary employee 

as defined in paragraph (2) above; 

(4) Any natural person who is a former employee, direct, partner, member, manager, representative or 

trustee retained as a consultant while performing services for you; or 

(5) Any natural person who is a guest student or intern pursuing studies or duties, excluding, however, any 

such person while having care and custody of property outside any building you occupy in conducting 

your business. 

(6) But employee does not mean: 

(a) Any agent, broker, merchant, consignee, independent contractor or representative of the same 

general character; or 

(b) Any manager, director, or trustee except while performing acts coming within the usual duties of an 

employee. 

DEFINITIONS 

1. "Data" means information or instructions stored in digital code capable of being processed by machinery. 

2. "Media" means material on which "data" is recorded, such as magnetic tapes, hard disks, optical disks or floppy 

disks. 

3. Money" means: 

a. Currency, coins and bank notes in current use and having a face value; and 

b. Travelers checks, registered checks and money orders held for sale to the public. 

4. "Perishable Stock" means personal property: 

a. Maintained under temperature-controlled conditions for its preservation; and 

b. Susceptible to loss or damage if changes in or extremes of temperature result. 

5. "Securities" means negotiable and nonnegotiable instruments or contracts representing "money" and includes: 

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a. Tokens, tickets revenue and other stamps (whether represented by actual stamps or unused value in a 

meter) in current use; and 

b. Evidences of debt issued in connection with credit or charge cards, which cards are not issued by you; but 

does not include "money." 

6. Theft" means the unlawful taking of "money" and "securities" to the deprivation of the insured. 

7. "Vehicle" means, as respects this Additional Coverage only, any machine or apparatus that is used for 

transportation or moves under its own power. "Vehicle" includes, but is not limited to, car, truck, bus, trailer, train, 

aircraft, watercraft, forklift, bulldozer, tractor or harvester. 

However, any property that is stationary, permanently installed at a covered location and that receives electrical 

power from an external power source will not be considered a "vehicle." 

The coverage provided by this endorsement: 

1. Applies to your described premises listed on the Commercial Property Coverage Part Declarations; 

2. Is not subject to coinsurance; and 

3. Is subject to the deductible listed on the Commercial Property Part Declaration 

ALL OTHER TERMS, CONDITIONS AND EXCLUSIONS REMAIN UNCHANGED. 

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COMMERCIAL PROPERTY 

CP 00 10 10 12 

BUILDING AND PERSONAL PROPERTY 

COVERAGE FORM 

Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights, duties and 

what is and is not covered. 

Throughout this policy, the words "you" and "your" refer to the Named Insured shown in the Declarations. The 

words we, "us" and "our" refer to the company providing this insurance. 

Other words and phrases that appear in quotation marks have special meaning. Refer to Section H. Definitions. 

A. Coverage 

We will pay for direct physical loss of or damage to 

Covered Property at the premises described in the 

Declarations caused by or resulting from any 

Covered Cause of Loss. 

1. Covered Property 

Covered Property, as used in this Coverage 

Part, means the type of property described in 

this section, A.1., and limited in A.2. Property 

Not Covered, if a Limit Of Insurance is shown 

in the Declarations for that type of property. 

a. Building, meaning the building or structure 

described in the Declarations, including: 

(1) Completed additions; 

(2) Fixtures, including outdoor fixtures; 

(3) Permanently installed: 

(a) Machinery; and 

(b) Equipment; 

(4) Personal property owned by you that is 

used to maintain or service the building 

or structure or its premises, including: 

(a) Fire-extinguishing equipment; 

(b) Outdoor furniture; 

(c) Floor coverings; and 

(d) Appliances used for refrigerating, 

ventilating, cooking, dishwashing or 

laundering; 

(5) If not covered by other insurance: 

(a) Additions under construction, 

alterations and repairs to the building 

or structure; 

(b) Materials, equipment, supplies and 

temporary structures, on or within 

100 feet of the described premises, 

used for making additions, 

alterations or repairs to the building 

or structure. 

b. Your Business Personal Property consists 

of the following property located in or on the 

building or structure described in the 

Declarations or in the open (or in a vehicle) 

within 100 feet of the building or structure or 

within 100 feet of the premises described in 

the Declarations, whichever distance is 

greater: 

(1) Furniture and fixtures; 

(2) Machinery and equipment; 

(3) Stock; 

(4) All other personal property owned by you 

and used in your business; 

(5) Labor, materials or services furnished or 

arranged by you on personal property of 

others; 

(6) Your use interest as tenant in 

improvements and betterments. 

Improvements and betterments are 

fixtures, alterations, installations or 

additions: 

(a) Made a part of the building or 

structure you occupy but do not own; 

and 

(b)You acquired or made at your 

expense but cannot legally remove; 

(7) Leased personal property for which you 

have a contractual responsibility to 

insure, unless otherwise provided for 

under Personal Property Of Others. 

c. Personal Property Of Others that is: 

(1) In your care, custody or control; and 

(2) Located in or on the building or structure 

described in the Declarations or in the 

open (or in a vehicle) within 100 feet of 

the building or structure or within 100 

feet of the premises described in the 

Declarations, whichever distance is 

greater. 

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However, our payment for loss of or 

damage to personal property of others will 

only be for the account of the owner of the 

property. 

2. Property Not Covered 

Covered Property does not include: 

a. Accounts, bills, currency, food stamps or 

other evidences of debt, money, notes or 

securities. Lottery tickets held for sale are 

not securities; 

b. Animals, unless owned by others and 

boarded by you, or if owned by you, only as 

"stock" while inside of buildings; 

c. Automobiles held for sale; 

d. Bridges, roadways, walks, patios or other 

paved surfaces; 

e. Contraband, or property in the course of 

illegal transportation or trade; 

f. The cost of excavations, grading, backfilling 

or filling; 

g. Foundations of buildings, structures, 

machinery or boilers if their foundations are 

below: 

(1) The lowest basement floor; or 

(2) The surface of the ground, if there is no 

basement; 

h. Land (including land on which the property 

is located), water, growing crops or lawns 

(other than lawns which are part of a 

vegetated roof); 

L Personal property while airborne or 

waterborne; 

j. Bulkheads, pilings, piers, wharves or docks; 

k. Property that is covered under another 

coverage form of this or any other policy in 

which it is more specifically described, 

except for the excess of the amount due 

(whether you can collect on it or not) from 

that other insurance; 

I. Retaining walls that are not part of a 

building; 

m. Underground pipes, flues or drains; 

n. Electronic data, except as provided under 

the Additional Coverage, Electronic Data. 

Electronic data means information, facts or 

computer programs stored as or on, created 

or used on, or transmitted to or from 

computer software (including systems and 

applications software), on hard or floppy 

disks, CD-ROMs, tapes, drives, cells, data 

processing devices or any other repositories 

of computer software which are used with 

electronically controlled equipment. The 

term computer programs, referred to in the 

foregoing description of electronic data, 

means a set of related electronic 

instructions which direct the operations and 

functions of a computer or device 

connected to it, which enable the computer 

or device to receive, process, store, retrieve 

or send data. This paragraph, n., does not 

apply to your "stock" of prepackaged 

software, or to electronic data which is 

integrated in and operates or controls the 

buildings elevator, lighting, heating, 

ventilation, air conditioning or security 

system; 

o. The cost to replace or restore the 

information on valuable papers and records, 

including those which exist as electronic 

data. Valuable papers and records include 

but are not limited to proprietary 

information, books of account, deeds, 

manuscripts, abstracts, drawings and card 

index systems. Refer to the Coverage 

Extension for Valuable Papers And Records 

(Other Than Electronic Data) for limited 

coverage for valuable papers and records 

other than those which exist as electronic 

data; 

p. Vehicles or self-propelled machines 

(including aircraft or watercraft) that: 

(1) Are licensed for use on public roads; or 

(2) Are operated principally away from the 

described premises. 

This paragraph does not apply to: 

(a) Vehicles or self-propelled machines 

or autos you manufacture, process or 

warehouse; 

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(b) Vehicles or self-propelled machines, 

other than autos, you hold for sale; 

(c) Rowboats or canoes out of water at 

the described premises; or 

(d) Trailers, but only to the extent 

provided for in the Coverage 

Extension for Non-owned Detached 

Trailers; or 

q. The following property while outside of 

buildings: 

(1) Grain, hay, straw or other crops; 

(2) Fences, radio or television antennas 

(including satellite dishes) and their 

lead-in wiring, masts or towers, trees, 

shrubs or plants (other than trees, 

shrubs or plants which are "stock" or are 

part of a vegetated roof), all except as 

provided in the Coverage Extensions. 

3. Covered Causes Of Loss 

See applicable Causes Of Loss form as shown 

in the Declarations. 

4. Additional Coverages 

a. Debris Removal 

(1) Subject to Paragraphs (2), (3) and (4), 

we will pay your expense to remove 

debris of Covered Property and other 

debris that is on the described premises, 

when such debris is caused by or results 

from a Covered Cause of Loss that 

occurs during the policy period. The 

expenses will be paid only if they are 

reported to us in writing within 180 days 

of the date of direct physical loss or 

damage. 

(2) Debris Removal does not apply to costs 

to: 

(a) Remove debris of property of yours 

that is not insured under this policy, 

or property in your possession that 

is not Covered Property; 

(b) Remove debris of property owned by 

or leased to the landlord of the 

building where your described 

premises are located, unless you 

have a contractual responsibility to 

insure such property and it is insured 

under this policy; 

(c) Remove any property that is 

Property Not Covered, including 

property addressed under the 

Outdoor Property 

Coverage 

Extension; 

(d) Remove property of others of a type 

that would not be Covered Property 

under this Coverage Form; 

(e) Remove deposits of mud or earth 

from the grounds of the described 

premises; 

(f) Extract "pollutants" from land or 

water; or 

(g) Remove, restore or replace polluted 

land or water. 

(3) Subject to the exceptions in Paragraph 

(4), the following provisions apply: 

(a) The most we will pay for the total of 

direct physical loss or damage plus 

debris removal expense is the Limit 

of Insurance applicable to the 

Covered Property that has sustained 

loss or damage. 

(b) Subject to (a) above, the amount we 

will pay for debris removal expense 

is limited to 25% of the sum of the 

deductible plus the amount that we 

pay for direct physical loss or 

damage to the Covered Property that 

has sustained loss or damage. 

However, if no Covered Property has 

sustained direct physical loss or 

damage, the most we will pay for 

removal of debris of other property (if 

such removal is covered under this 

Additional Coverage) is $5,000 at 

each location. 

(4) We will pay up to an additional $25,000 

for debris removal expense, for each 

location, in any one occurrence of 

physical loss or damage to Covered 

Property, if one or both of the following 

circumstances apply: 

(a) The total of the actual debris removal 

expense plus the amount we pay for 

direct physical loss or damage 

exceeds the Limit of Insurance on 

the Covered Property that has 

sustained loss or damage. 

(b) The actual debris removal expense 

exceeds 25% of the sum of the 

deductible plus the amount that we 

pay for direct physical loss or 

damage to the Covered Property that 

has sustained loss or damage. 

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Example I 

Therefore, if (4)(a) and/or (4)(b) applies, 

our total payment for direct physical loss 

or damage and debris removal expense 

may reach but will never exceed the 

Limit of Insurance on the Covered 

Property that has sustained loss or 

damage, plus $25,000. 

(5) Examples 

The following examples assume that 

there is no Coinsurance penalty. 

The additional amount payable for debris removal 

expense is provided in accordance with the terms of 

Paragraph (4), because the debris removal expense 

($40,000) exceeds 25% of the loss payable plus the 

deductible ($40,000 is 50% of $80,000), and because 

the sum of the loss payable and debris removal 

expense ($79,500 + $40,000 = $119,500) would 

exceed the Limit of Insurance ($90,000). The 

additional amount of covered debris removal expense 

is $25,000, the maximum payable under Paragraph 

(4). Thus, the total payable for debris removal 

expense in this example is $35,500; $4,500 of the 

debris removal expense is not covered. 

Limit of Insurance: $ 90,000 

Amount of Deductible: $ 500 

Amount of Loss: $ 50,000 

Amount of Loss Payable: $ 49,500 

($50,000 - $500) 

Debris Removal Expense: $ 10,000 

Debris Removal Expense Payable: $ 10,000 

($10,000 is 20% of $50,000.) 

The debris removal expense is less than 25% of the 

sum of the loss payable plus the deductible. The sum 

of the loss payable and the debris removal expense 

($49,500 + $10,000 = $59,500) is less than the Limit 

of Insurance. Therefore, the full amount of debris 

removal expense is payable in accordance with the 

terms of Paragraph (3). 

Example 2 

Limit of Insurance: $ 90,000 

Amount of Deductible: $ 500 

Amount of Loss: $ 80,000 

Amount of Loss Payable: $ 79,500 

($80,000 - $500) 

Debris Removal Expense: $ 40,000 

Debris Removal Expense Payable 

Basic Amount: $10,500 

Additional Amount: $ 25,000 

The basic amount payable for debris removal expense 

under the terms of Paragraph (3) is calculated as 

follows: $80,000 ($79,500 + $500) x .25 = $20,000, 

capped at $10,500. The cap applies because the sum 

of the loss payable ($79,500) and the basic amount 

payable for debris removal expense ($10,500) cannot 

exceed the Limit of Insurance ($90,000). 

b. Preservation Of Property 

If it is necessary to move Covered Property 

from the described premises to preserve it 

from loss or damage by a Covered Cause of 

Loss, we will pay for any direct physical loss 

or damage to that property: 

(1) While it is being moved or while 

temporarily stored at another location; 

and 

(2) Only if the loss or damage occurs within 

30 days after the property is first moved. 

c. Fire Department Service Charge 

When the fire department is called to save 

or protect Covered Property from a Covered 

Cause of Loss, we will pay up to $1,000 for 

service at each premises described in the 

Declarations, unless a higher limit is shown 

in the Declarations. Such limit is the most 

we will pay regardless of the number of 

responding fire departments or fire units, 

and regardless of the number or type of 

services performed. 

This Additional Coverage applies to your 

liability for fire department service charges: 

(1) Assumed by contract or agreement prior 

to loss; or 

(2) Required by local ordinance. 

No Deductible applies to this Additional 

Coverage. 

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d. Pollutant Clean-up And Removal 

We will pay your expense to extract 

"pollutants" from land or water at the 

described premises if the discharge, 

dispersal, seepage, migration, release or 

escape of the "pollutants" is caused by or 

results from a Covered Cause of Loss that 

occurs during the policy period. The 

expenses will be paid only if they are 

reported to us in writing within 180 days of 

the date on which the Covered Cause of 

Loss occurs. 

This Additional Coverage does not apply to 

costs to test for, monitor or assess the 

existence, concentration or effects of 

"pollutants. But we will pay for testing 

which is performed in the course of 

extracting the "pollutants" from the land or 

water. 

The most we will pay under this Additional 

Coverage for each described premises is 

$10,000 for the sum of all covered 

expenses arising out of Covered Causes 

of Loss occurring during each separate 

12-month period of this policy. 

e. Increased Cost Of Construction 

(1) This Additional Coverage applies only 

to buildings to which the Replacement 

Cost Optional Coverage applies. 

(2) In the event of damage by a Covered 

Cause of Loss to a building that is 

Covered Property, we will pay the 

increased costs incurred to comply with 

the minimum standards of an ordinance 

or law in the course of repair, rebuilding 

or replacement of damaged parts of 

that property, subject to the limitations 

stated in e.(3) through e.(9) of this 

Additional Coverage. 

(3) The ordinance or law referred to in e.(2) 

of this Additional Coverage is an 

ordinance or law that regulates the 

construction or repair of buildings or 

establishes zoning or land use 

requirements at the described premises 

and is in force at the time of loss. 

(4) Under this Additional Coverage, we will 

not pay any costs due to an ordinance 

or law that: 

(5) Under this Additional Coverage, we will not 

pay for: 

(a) The enforcement of or compliance with 

any ordinance or law which 

requires demolition, repair, 

replacement, reconstruction, 

remodeling or remediation of property 

due to contamination by "pollutants" or 

due to the presence, growth, 

proliferation, spread or any activity of 

"fungus, wet or dry rot or bacteria; or 

(b) Any costs associated with the 

enforcement of or compliance with an 

ordinance or law which requires any 

insured or others to test for, monitor, 

clean up, remove, contain, treat, 

detoxify or neutralize, or in any way 

respond to, or assess the effects of 

"pollutants, "fungus, wet or dry rot or 

bacteria. 

(6) The most we will pay under this Additional 

Coverage, for each described building 

insured under this Coverage Form, is 

$10,000 or 5% of the Limit of Insurance 

applicable to that building, whichever is 

less. If a damaged building is covered 

under a blanket Limit of Insurance which 

applies to more than one building or item of 

property, then the most we will pay under 

this Additional Coverage, for that damaged 

building, is the lesser of $10,000 or 5% 

times the value of the damaged building as 

of the time of loss times the applicable 

Coinsurance percentage. 

The amount payable under this Additional 

Coverage is additional insurance. 

(7) With respect to this Additional 

Coverage: 

(a) We will not pay for the Increased Cost 

of Construction: 

(i) Until the property is actually 

repaired or replaced at the same or 

another premises; and 

(ii) Unless the repair or replacement is 

made as soon as reasonably 

possible after the loss or damage, 

not to exceed two years. We may 

extend this period in writing during 

the two years. 

(a) You were required to comply with 

before the loss, even when the 

building was undamaged; and 

(b) You failed to comply with. 

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(b) If the building is repaired or replaced (3) The Covered Causes of Loss 

at the same premises, or if you elect applicable to Your Business Personal 

to rebuild at another premises, the Property apply to this Additional 

most we will pay for the Increased Coverage, Electronic Data, subject to the 

Cost of Construction, subject to the following: 

provisions of e.(6) of this Additional (a) If the Causes Of Loss - Special 

Coverage, is the increased cost of Form applies, coverage under this 

construction at the same premises. Additional Coverage, Electronic 

(c) If the ordinance or law requires Data, is limited to the "specified 

relocation to another premises, the causes of loss" as defined in that 

most we will pay for the Increased form and Collapse as set forth in 

Cost of Construction, subject to the that form. 

provisions of e.(6) of this Additional (b) If the Causes Of Loss - Broad Form Coverage, is the increased cost of applies, coverage under this 

construction at the new premises. Additional Coverage, Electronic 

(8) This Additional Coverage is not subject Data, includes Collapse as set forth 

to the terms of the Ordinance Or Law in that form. 

Exclusion to the extent that such (c) If the Causes Of Loss form is 

Exclusion would conflict with the endorsed to add a Covered Cause provisions of this Additional Coverage, of Loss, the additional Covered 

(9) The costs addressed in the Loss Cause of Loss does not apply to the 

Payment and Valuation Conditions and coverage provided under this 

the Replacement Cost Optional Additional Coverage, Electronic 

Coverage, in this Coverage Form, do not Data. 

include the increased cost attributable to (d) The Covered Causes of Loss 

enforcement of or compliance with an include a virus, harmful code or 

ordinance or law. The amount payable similar instruction introduced into or 

under this Additional Coverage, as enacted on a computer system 

stated in e.(6) of this Additional (including electronic data) or a 

Coverage, is not subject to such network to which it is connected, 

limitation, designed to damage or destroy any 

f. Electronic Data part of the system or disrupt its 

(1) Under this Additional Coverage, normal operation. But there is no 

electronic data has the meaning coverage for loss or damage caused 

described under Property Not Covered, by or resulting from manipulation of 

Electronic Data. This Additional a 

Coverage does not apply to your "stock" computer system (including 

of prepackaged software, or to electronic electronic data) by any employee, 

data which is integrated in and operates including a temporary or leased 

or controls the buildings elevator, employee, or by an entity retained 

lighting, heating, ventilation, air by you or for you to inspect, design, 

conditioning or security system. install, modify, maintain, repair or 

replace that system. 

(2) Subject to the provisions of this 

Additional Coverage, we will pay for the 

cost to replace or restore electronic data 

which has been destroyed or corrupted 

by a Covered Cause of Loss. To the 

extent that electronic data is not 

replaced or restored, the loss will be 

valued at the cost of replacement of the 

media on which the electronic data was 

stored, with blank media of substantially 

identical type. 

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(4) The most we will pay under this Additional 

Coverage, Electronic Data, is $2,500 

(unless a higher limit is shown in the 

Declarations) for all loss or damage 

sustained in any one policy year, 

regardless of the number of occurrences of 

loss or damage or the number of premises, 

locations or computer systems involved. If 

loss payment on the first occurrence does 

not exhaust this amount, then the balance 

is available for subsequent loss or damage 

sustained in but not after that policy year. 

With respect to an occurrence which 

begins in one policy year and continues or 

results in additional loss or damage in a 

subsequent policy year(s), all loss or 

damage is deemed to be sustained in the 

policy year in which the occurrence began. 

5. Coverage Extensions 

Except as otherwise provided, the following 

Extensions apply to property located in or on the 

building described in the Declarations or in the 

open (or in a vehicle) within 100 feet of the 

described premises. 

If a Coinsurance percentage of 80% or more, or a 

Value Reporting period symbol, is shown in the 

Declarations, you may extend the insurance 

provided by this Coverage Part as follows: 

a. Newly Acquired Or Constructed Property 

(1) Buildings 

If this policy covers Building, you may 

extend that insurance to apply to: 

(a) Your new buildings while being built on 

the described premises; and 

(b) Buildings you acquire at locations, 

other than the described premises, 

intended for: 

(i) Similar use as the building 

described in the Declarations; or 

(ii) Use as a warehouse. 

The most we will pay for loss or damage 

under this Extension is $250,000 at each 

building. 

(2) Your Business Personal Property 

(a) If this policy covers Your Business Personal 

Property, you may extend that insurance to 

apply to: 

(i) Business personal property, 

including such property that you newly 

acquire, at any location you acquire other 

than at fairs, trade shows or exhibitions; or 

(ii) Business personal property, 

including such property that you newly 

acquire, located at your newly constructed 

or acquired buildings at the location 

described in the Declarations. 

The most we will pay for loss or damage 

under this Extension is $100,000 at each 

building. 

(b) This Extension does not apply to: 

(i) Personal property of others that is 

temporarily in your possession in the 

course of installing or performing work on 

such property; or 

(ii) Personal property of others that is 

temporarily in your possession in the 

course of your manufacturing or 

wholesaling activities. 

(3) Period Of Coverage 

With respect to insurance provided under this 

Coverage Extension for Newly Acquired Or 

Constructed Property, coverage will end when 

any of the following first occurs: 

(a) This policy expires; 

(b) 30 days expire after you acquire the property 

or begin construction of that part of the 

building that would qualify as covered 

property; or 

(c) You report values to us. 

We will charge you additional premium for values 

reported from the date you acquire the property 

or begin construction of that part of the building 

that would qualify as covered property. 

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b. Personal Effects And Property Of Others 

You may extend the insurance that applies 

to Your Business Personal Property to apply 

to: 

(1) Personal effects owned by you, your 

officers, your partners or members, your 

managers or your employees. This 

Extension does not apply to loss or 

damage by theft. 

(2) Personal property of others in your care, 

custody or control. 

The most we will pay for loss or damage 

under this Extension is $2,500 at each 

described premises. Our payment for loss of 

or damage to personal property of others 

will only be for the account of the owner of 

the property. 

c. Valuable Papers And Records (Other Than 

Electronic Data) 

(1)You may extend the insurance that 

applies to Your Business Personal 

Property to apply to the cost to replace 

or restore the lost information on 

valuable papers and records for which 

duplicates do not exist. But this 

Extension does not apply to valuable 

papers and records which exist as 

electronic data. Electronic data has the 

meaning described under Property Not 

Covered, Electronic Data. 

(2) If the Causes Of Loss - Special Form 

applies, coverage under this Extension is 

limited to the "specified causes of loss" 

as defined in that form and Collapse as 

set forth in that form. 

(3) If the Causes Of Loss - Broad Form 

applies, coverage under this Extension 

includes Collapse as set forth in that 

form. 

(4) Under this Extension, the most we will 

pay to replace or restore the lost 

information is $2,500 at each described 

premises, unless a higher limit is shown 

in the Declarations. Such amount is 

additional insurance. We will also pay for 

the cost of blank material for reproducing 

the records (whether or not duplicates 

exist) and (when there is a duplicate) for 

the cost of labor to transcribe or copy the 

records. The costs of blank material and 

labor are subject to the applicable Limit 

of Insurance on Your Business Personal 

Property and, therefore, coverage of 

such costs is not additional insurance. 

d. Property Off-premises 

(1) You may extend the insurance provided 

by this Coverage Form to apply to your 

Covered Property while it is away from 

the described premises, if it is: 

(a) Temporarily at a location you do not 

own, lease or operate; 

(b) In storage at a location you lease, 

provided the lease was executed after 

the beginning of the current policy 

term; or 

(c) At any fair, trade show or exhibition. 

(2) This Extension does not apply to 

property: 

(a) In or on a vehicle; or 

(b) In the care, custody or control of your 

salespersons, unless the property is 

in such care, custody or control at a 

fair, trade show or exhibition. 

(3) The most we will pay for loss or damage 

under this Extension is $10,000. 

e. Outdoor Property 

You may extend the insurance provided by 

this Coverage Form to apply to your outdoor 

fences, radio and television antennas 

(including satellite dishes), trees, shrubs and 

plants (other than trees, shrubs or plants 

which are "stock" or are part of a vegetated 

roof), including debris removal expense, 

caused by or resulting from any of the 

following causes of loss if they are Covered 

Causes of Loss: 

(1) Fire; 

(2) Lightning; 

(3) Explosion; 

(4) Riot or Civil Commotion; or 

(5) Aircraft. 

The most we will pay for loss or damage 

under this Extension is $1,000, but not more 

than $250 for any one tree, shrub or plant. 

These limits apply to any one occurrence, 

regardless of the types or number of items 

lost or damaged in that occurrence. 

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Subject to all aforementioned terms and 

limitations of coverage, this Coverage 

Extension includes the expense of removing 

from the described premises the debris of 

trees, shrubs and plants which are the 

property of others, except in the situation in 

which you are a tenant and such property is 

owned by the landlord of the described 

premises. 

f. Non-owned Detached Trailers 

(1) You may extend the insurance that 

applies to Your Business Personal 

Property to apply to loss or damage to 

trailers that you do not own, provided 

that: 

(a) The trailer is used in your business; 

(b) The trailer is in your care, custody or 

control at the premises described in 

the Declarations; and 

(c) You have a contractual responsibility 

to pay for loss or damage to the 

trailer. 

(2) We will not pay for any loss or damage 

that occurs: 

(a) While the trailer is attached to any 

motor vehicle or motorized 

conveyance, whether or not the 

motor vehicle or motorized 

conveyance is in motion; 

(b) During hitching or unhitching 

operations, or when a trailer 

becomes accidentally unhitched 

from a motor vehicle or motorized 

conveyance. 

(3) The most we will pay for loss or damage 

under this Extension is $5,000, unless a 

higher limit is shown in the Declarations. 

(4) This insurance is excess over the 

amount due (whether you can collect on 

it or not) from any other insurance 

covering such property. B. 

g. Business Personal Property Temporarily 

In Portable Storage Units 

(1) You may extend the insurance that C. 

applies to Your Business Personal 

Property to apply to such property while 

temporarily stored in a portable storage 

unit (including a detached trailer) located 

within 100 feet of the building or 

structure described in the Declarations 

or within 100 feet of the premises 

described in the Declarations, whichever 

distance is greater. 

(2) If the applicable Covered Causes of Loss 

form or endorsement contains a 

limitation or exclusion concerning loss or 

damage from sand, dust, sleet, snow, ice 

or rain to property in a structure, such 

limitation or exclusion also applies to 

property in a portable storage unit. 

(3) Coverage under this Extension: 

(a) Will end 90 days after the business 

personal property has been placed in 

the storage unit; 

(b) Does not apply if the storage unit 

itself has been in use at the 

described premises for more than 90 

consecutive days, even if the 

business personal property has been 

stored there for 90 or fewer days as 

of the time of loss or damage. 

(4) Under this Extension, the most we will 

pay for the total of all loss or damage to 

business personal property is $10,000 

(unless a higher limit is indicated in the 

Declarations for such Extension) 

regardless of the number of storage 

units. Such limit is part of, not in addition 

to, the applicable Limit of Insurance on 

Your Business Personal Property. 

Therefore, payment under this Extension 

will not increase the applicable Limit of 

Insurance on Your Business Personal 

Property. 

(5) This Extension does not apply to loss or 

damage otherwise covered under this 

Coverage Form or any endorsement to 

this Coverage Form or policy, and does 

not apply to loss or damage to the 

storage unit itself. 

Each of these Extensions is additional 

insurance unless otherwise indicated. The 

Additional Condition, Coinsurance, does not 

apply to these Extensions. 

Exclusions And Limitations 

See applicable Causes Of Loss form as shown in 

the Declarations. 

Limits Of Insurance 

The most we will pay for loss or damage in any 

one occurrence is the applicable Limit Of 

Insurance shown in the Declarations. 

The most we will pay for loss or damage to 

outdoor signs, whether or not the sign is attached 

to a building, is $2,500 per sign in any one 

occurrence. 

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The amounts of insurance stated in the following 

Additional Coverages apply in accordance with the 

terms of such coverages and are separate from 

the Limit(s) Of Insurance shown in the 

Declarations for any other coverage: 

1. Fire Department Service Charge; 

2. Pollutant Clean-up And Removal; 

3. Increased Cost Of Construction; and 

4. Electronic Data. 

Payments under the Preservation Of Property 

Additional Coverage will not increase the 

applicable Limit of Insurance. 

D. Deductible 

In any one occurrence of loss or damage 

(hereinafter referred to as loss), we will first reduce 

the amount of loss if required by the Coinsurance 

Condition or the Agreed Value Optional Coverage. 

If the adjusted amount of loss is less than or equal 

to the Deductible, we will not pay for that loss. If 

the adjusted amount of loss exceeds the 

Deductible, we will then subtract the Deductible 

from the adjusted amount of loss and will pay the 

resulting amount or the Limit of Insurance, 

whichever is less. 

When the occurrence involves loss to more than 

one item of Covered Property and separate Limits 

of Insurance apply, the losses will not be combined 

in determining application of the Deductible. But 

the Deductible will be applied only once per 

occurrence. 

Example I 

(This example assumes there is no Coinsurance 

penalty.) 

Deductible: $ 250 

Limit of Insurance - Building 1: $ 60,000 

Limit of Insurance - Building 2: $ 80,000 

Loss to Building 1: $ 60,100 

Loss to Building 2: $ 90,000 

The amount of loss to Building 1 ($60,100) is less 

than the sum ($60,250) of the Limit of Insurance 

applicable to Building 1 plus the Deductible. 

The Deductible will be subtracted from the amount of 

loss in calculating the loss payable for Building 1: 

$60,100 

-250 

$ 59,850 Loss Payable - Building 1 

The Deductible applies once per occurrence and 

therefore is not subtracted in determining the amount 

of loss payable for Building 2. Loss payable for 

Building 2 is the Limit of Insurance of $80,000. 

Total amount of loss payable: 

$59,850 + $80,000 = $139,850 

Example 2 

(This example, too, assumes there is no Coinsurance 

penalty.) 

The Deductible and Limits of Insurance are the same 

as those in Example 1. 

Loss to Building 1: $ 70,000 

(Exceeds Limit of Insurance plus Deductible) 

Loss to Building 2: $ 90,000 

(Exceeds Limit of Insurance plus Deductible) 

Loss Payable - Building 1: $60,000 

(Limit of Insurance) 

Loss Payable - Building 2: $80,000 

(Limit of Insurance) 

Total amount of loss payable: $140,000 

E. Loss Conditions 

The following conditions apply in addition to the 

Common Policy Conditions and the Commercial 

Property Conditions: 

1. Abandonment 

There can be no abandonment of any property 

to us. 

2. Appraisal 

If we and you disagree on the value of the 

property or the amount of loss, either may 

make written demand for an appraisal of the 

loss. In this event, each party will select a 

competent and impartial appraiser. The two 

appraisers will select an umpire. If they cannot 

agree, either may request that selection be 

made by a judge of a court having jurisdiction. 

The appraisers will state separately the value 

of the property and amount of loss. If they fail 

to agree, they will submit their differences to 

the umpire. A decision agreed to by any two 

will be binding. Each party will: 

a. Pay its chosen appraiser; and 

b. Bear the other expenses of the appraisal 

and umpire equally. 

If there is an appraisal, we will still retain our 

right to deny the claim. 

3. Duties In The Event Of Loss Or Damage 

a. You must see that the following are done in 

the event of loss or damage to Covered 

Property: 

(I) Notify the police if a law may have been 

broken. 

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(2) Give us prompt notice of the loss or 

damage. Include a description of the 

property involved. 

(3) As soon as possible, give us a 

description of how, when and where the 

loss or damage occurred. 

(4) Take all reasonable steps to protect the 

Covered Property from further damage, 

and keep a record of your expenses 

necessary to protect the Covered 

Property, for consideration in the 

settlement of the claim. This will not 

increase the Limit of Insurance. 

However, we will not pay for any 

subsequent loss or damage resulting 

from a cause of loss that is not a 

Covered Cause of Loss. Also, if feasible, 

set the damaged property aside and in 

the best possible order for examination. 

(5) At our request, give us complete 

inventories of the damaged and 

undamaged property. Include quantities, 

costs, values and amount of loss 

claimed. 

(6)As often as may be reasonably required, 

permit us to inspect the property proving 

the loss or damage and examine your 

books and records. 

Also, permit us to take samples of 

damaged and undamaged property for 

inspection, testing and analysis, and 

permit us to make copies from your 

books and records. 

(7) Send us a signed, sworn proof of loss 

containing the information we request to 

investigate the claim. You must do this 

within 60 days after our request. We will 

supply you with the necessary forms. 

(8) Cooperate with us in the investigation or 

settlement of the claim. 

b. We may examine any insured under oath, 

while not in the presence of any other 

insured and at such times as may be 

reasonably required, about any matter 

relating to this insurance or the claim, 

including an insureds books and records. In 

the event of an examination, an insureds 

answers must be signed. 

4. Loss Payment 

a. In the event of loss or damage covered by 

this Coverage Form, at our option, we will 

either: 

(1) Pay the value of lost or damaged 

property; 

(2) Pay the cost of repairing or replacing the 

lost or damaged property, subject to b. 

below; 

(3) Take all or any part of the property at an 

agreed or appraised value; or 

(4) Repair, rebuild or replace the property 

with other property of like kind and 

quality, subject to b. below. 

We will determine the value of lost or 

damaged property, or the cost of its repair 

or replacement, in accordance with the 

applicable terms of the Valuation Condition 

in this Coverage Form or any applicable 

provision which amends or supersedes the 

Valuation Condition. 

b. The cost to repair, rebuild or replace does 

not include the increased cost attributable to 

enforcement of or compliance with any 

ordinance or law regulating the construction, 

use or repair of any property. 

c. We will give notice of our intentions within 30 

days after we receive the sworn proof of 

loss. 

d. We will not pay you more than your financial 

interest in the Covered Property. 

e. We may adjust losses with the owners of 

lost or damaged property if other than you. 

If we pay the owners, such payments will 

satisfy your claims against us for the 

owners property. We will not pay the 

owners more than their financial interest in 

the Covered Property. 

f. We may elect to defend you against suits 

arising from claims of owners of property. 

We will do this at our expense. 

g. We will pay for covered loss or damage 

within 30 days after we receive the sworn 

proof of loss, if you have complied with all of 

the terms of this Coverage Part, and: 

(1) We have reached agreement with you 

on the amount of loss; or 

(2) An appraisal award has been made. 

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h. A party wall is a wall that separates and is 

common to adjoining buildings that are 

owned by different parties. In settling covered 

losses involving a party wall, we will pay a 

proportion of the loss to the party wall based 

on your interest in the wall in proportion to the 

interest of the owner of the adjoining building. 

However, if you elect to repair or replace your 

building and the owner of the adjoining 

building elects not to repair or replace that 

building, we will pay you the full value of the 

loss to the party wall, subject to all applicable 

policy provisions including Limits of 

Insurance, the Valuation and Coinsurance 

Conditions and all other provisions of this 

Loss Payment Condition. Our payment under 

the provisions of this paragraph does not 

alter any right of subrogation we may have 

against any entity, including the owner or 

insurer of the adjoining building, and does not 

alter the terms of the Transfer Of Rights Of 

Recovery Against Others To Us Condition in 

this policy. 

5. Recovered Property 

If either you or we recover any property after 

loss settlement, that party must give the other 

prompt notice. At your option, the property will 

be returned to you. You must then return to us 

the amount we paid to you for the property. We 

will pay recovery expenses and the expenses to 

repair the recovered property, subject to the 

Limit of Insurance. 

6. Vacancy 

a. Description Of Terms 

(1) As used in this Vacancy Condition, the 

term building and the term vacant have 

the meanings set forth in (1)(a) and (1)(b) 

below: 

(a) When this policy is issued to a tenant, 

and with respect to that tenants 

interest in Covered Property, building 

means the unit or suite rented or 

leased to the tenant. Such building is 

vacant when it does not contain 

enough business personal property to 

conduct customary operations. 

(b) When this policy is issued to the owner 

or general lessee of a building, 

building means the entire building. 

Such building is vacant unless at least 

31% of its total square footage is: 

(i) Rented to a lessee or sublessee 

and used by the lessee or 

sublessee to conduct its 

customary operations; and/or 

(ii) Used by the building owner to 

conduct customary operations. 

(2) Buildings under construction or 

renovation are not considered vacant. 

b. Vacancy Provisions 

If the building where loss or damage occurs 

has been vacant for more than 60 consecutive 

days before that loss or damage occurs: 

(1) We will not pay for any loss or damage 

caused by any of the following, even if 

they are Covered Causes of Loss: 

(a) Vandalism; 

(b) Sprinkler leakage, unless you have 

protected the system against freezing; 

(c) Building glass breakage; 

(d) Water damage; 

(e) Theft; or 

(f) Attempted theft. 

(2) With respect to Covered Causes of Loss 

other than those listed in b.(1)(a) through 

b.(1)(f) above, we will reduce the amount 

we would otherwise pay for the loss or 

damage by 15%. 

7. Valuation 

We will determine the value of Covered 

Property in the event of loss or damage as 

follows: 

a. At actual cash value as of the time of loss or 

damage, except as provided in b., c., d. and 

e. below. 

b. If the Limit of Insurance for Building 

Satisfies the Additional Condition, 

Coinsurance, and the cost to repair or 

replace the damaged building property is 

$2,500 or less, we will pay the cost of 

building repairs or replacement. 

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The cost of building repairs or replacement Instead, we will determine the most we will 

does not include the increased cost pay using the following steps: 

attributable to enforcement of or compliance (1) Multiply the value of Covered Property 

with any ordinance or law regulating the at the time of loss by the Coinsurance 

construction, use or repair of any property. percentage; 

However, the following property will be (2) Divide the Limit of Insurance of the valued at the actual cash value, even when property by the figure determined in 

attached to the building: Step (1); 

(1) Awnings or floor coverings; (3) Multiply the total amount of loss, before 

(2) Appliances for refrigerating, ventilating, the application of any deductible, by the 

cooking, dishwashing or laundering; or figure determined in Step (2); and 

(3) Outdoor equipment or furniture. (4) Subtract the deductible from the figure 

c. "Stock" you have sold but not delivered at determined in Step (3). 

the selling price less discounts and We will pay the amount determined in Step 

expenses you otherwise would have had. (4) or the Limit of Insurance, whichever is 

d. Glass at the cost of replacement with less. For the remainder, you will either have 

safety-glazing material if required by law. to rely on other insurance or absorb the loss 

yourself. 

e. Tenants Improvements and Betterments at: 

(1) Actual cash value of the lost or damaged Example I (Underinsurance) 

property if you make repairs promptly. When: The value of the property is: $250,000 

(2) A proportion of your original cost if you The Coinsurance percentage 

do not make repairs promptly. We will for it is: 80% 

determine the proportionate value as The Limit of Insurance for it is: $ 100,000 

follows: The Deductible is: $250 

(a) Multiply the original cost by the The amount of loss is: $ 40,000 

number of days from the loss or Step (1): $250,000 x 80% = $200,000 damage to the expiration of the 

lease; and (the minimum amount of insurance to meet 

(b) Divide the amount determined in (a) your Coinsurance requirements) 

above by the number of days from Step (2): $100,000. $200,000 = .50 

the installation of improvements to Step (3): $40,000 x.50 = $20,000 

the expiration of the lease. Step (4): $20,000 —$250 = $19,750 

If your lease contains a renewal option, 

the expiration of the renewal option We will pay no more than $19,750. The remaining 

period will replace the expiration of the $20,250 is not covered. 

lease in this procedure. Example 2 (Adequate Insurance) 

(3) Nothing if others pay for repairs or 

replacement. 

F. Additional Conditions 

The following conditions apply in addition to the 

Common Policy Conditions and the Commercial 

Property Conditions: 

1. Coinsurance 

If a Coinsurance percentage is shown in the 

Declarations, the following condition applies: 

a. We will not pay the full amount of any loss if 

the value of Covered Property at the time of 

loss times the Coinsurance percentage 

shown for it in the Declarations is greater 

than the Limit of Insurance for the property. 

When: The value of the property is: $250,000 

The Coinsurance percentage 

for it is: 80% 

The Limit of Insurance for it is: $ 200,000 

The Deductible is: $250 

The amount of loss is: $ 40,000 

The minimum amount of insurance to meet your 

Coinsurance requirement is $200,000 ($250,000 x 

80%). Therefore, the Limit of Insurance in this 

example is adequate, and no penalty applies. We will 

pay no more than $39,750 ($40,000 amount of loss 

minus the deductible of $250). 

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b. If one Limit of Insurance applies to two or 

more separate items, this condition will 

apply to the total of all property to which the 

limit applies. 

Example 3 

When: The value of the property is: 

Building at Location 1: $ 75,000 

Building at Location 2: $ 100,000 

Personal Property 

at Location 2: $ 75,000 

$ 250,000 

The Coinsurance percentage 

for it is: 90% 

The Limit of Insurance for 

Buildings and Personal Property 

at Locations 1 and 2 is: $ 180,000 

The Deductible is: $ 1,000 

The amount of loss is: 

Building at Location 2: $ 30,000 

Personal Property 

at Location 2: $ 20000 

$ 50,000 

Step (1): $250,000 x 90% = $225,000 

(the minimum amount of insurance to meet 

your Coinsurance requirements and to 

avoid the penalty shown below) 

Step (2): $180,000. $225,000 = .80 

Step (3): $50,000 x.80 = $40,000 

Step (4): $40,000 - $1,000 = $39,000 

We will pay no more than $39,000. The remaining 

$11,000 is not covered. 

2. Mortgageholders 

a. The term mortgageholder includes trustee. 

b. We will pay for covered loss of or damage to 

buildings or structures to each 

mortgageholder shown in the Declarations in 

their order of precedence, as interests may 

appear. 

c. The mortgageholder has the right to receive 

loss payment even if the mortgageholder 

has started foreclosure or similar action on 

the building or structure. 

d. If we deny your claim because of your acts 

or because you have failed to comply with 

the terms of this Coverage Part, the 

mortgageholder will still have the right to 

receive loss payment if the mortgageholder: 

(2) Submits a signed, sworn proof of loss 

within 60 days after receiving notice 

from us of your failure to do so; and 

(3) Has notified us of any change in 

ownership, occupancy or substantial 

change in risk known to the 

mortgageholder. 

All of the terms of this Coverage Part will 

then apply directly to the mortgageholder. 

e. If we pay the mortgageholder for any loss or 

damage and deny payment to you because 

of your acts or because you have failed to 

comply with the terms of this Coverage Part: 

(1) The mortgageholders rights under the 

mortgage will be transferred to us to the 

extent of the amount we pay; and 

(2) The mortgageholders right to recover 

the full amount of the mortgageholders 

claim will not be impaired. 

At our option, we may pay to the 

mortgageholder the whole principal on the 

mortgage plus any accrued interest. In this 

event, your mortgage and note will be 

transferred to us and you will pay your 

remaining mortgage debt to us. 

f. If we cancel this policy, we will give written 

notice to the mortgageholder at least: 

(1) 10 days before the effective date of 

cancellation if we cancel for your 

nonpayment of premium; or 

(2) 30 days before the effective date of 

cancellation if we cancel for any other 

reason. 

g. If we elect not to renew this policy, we will 

give written notice to the mortgageholder at 

least 10 days before the expiration date of 

this policy. 

G. Optional Coverages 

If shown as applicable in the Declarations, the 

following Optional Coverages apply separately to 

each item: 

1. Agreed Value 

a. The Additional Condition, Coinsurance, does 

not apply to Covered Property to which this 

Optional Coverage applies. We will pay no 

more for loss of or damage to that property 

than the proportion that the Limit of 

Insurance under this Coverage Part for the 

property bears to the Agreed Value shown 

for it in the Declarations. 

(1) Pays any premium due under this 

Coverage Part at our request if you have 

failed to do so; 

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b. If the expiration date for this Optional 

Coverage shown in the Declarations is not 

extended, the Additional Condition, 

Coinsurance, is reinstated and this Optional 

Coverage expires. 

c. The terms of this Optional Coverage apply 

only to loss or damage that occurs: 

(1) On or after the effective date of this 

Optional Coverage; and 

(2) Before the Agreed Value expiration date 

shown in the Declarations or the policy 

expiration date, whichever occurs first. 

2. Inflation Guard 

a. The Limit of Insurance for property to which 

this Optional Coverage applies will 

automatically increase by the annual 

percentage shown in the Declarations. 

b. The amount of increase will be: 

(1) The Limit of Insurance that applied on 

the most recent of the policy inception 

date, the policy anniversary date, or any 

other policy change amending the Limit 

of Insurance, times 

(2) The percentage of annual increase 

shown in the Declarations, expressed 

as a decimal (example: 8% is .08), 

times 

(3) The number of days since the beginning 

of the current policy year or the 

effective date of the most recent policy 

change amending the Limit of 

Insurance, divided by 365. 

Example 

If: The applicable Limit of Insurance is: $ 100,000 

The annual percentage increase is: 8% 

The number of days since the 

beginning of the policy year 

(or last policy change) is: 146 

The amount of increase is: 

$100,000 x .08 x 146 365 = $ 3,200 

3. Replacement Cost 

a. Replacement Cost (without deduction for 

depreciation) replaces Actual Cash Value in 

the Valuation Loss Condition of this 

Coverage Form. 

b. This Optional Coverage does not apply to: 

(4) Stock, unless the Including Stock" 

option is shown in the Declarations. 

Under the terms of this Replacement Cost 

Optional Coverage, tenants improvements 

and betterments are not considered to be 

the personal property of others. 

c. You may make a claim for loss or damage 

covered by this insurance on an actual cash 

value basis instead of on a replacement cost 

basis. In the event you elect to have loss or 

damage settled on an actual cash value 

basis, you may still make a claim for the 

additional coverage this Optional Coverage 

provides if you notify us of your intent to do 

so within 180 days after the loss or damage. 

d. We will not pay on a replacement cost basis 

for any loss or damage: 

(1) Until the lost or damaged property is 

actually repaired or replaced; and 

(2) Unless the repair or replacement is 

made as soon as reasonably possible 

after the loss or damage. 

With respect to tenants improvements and 

betterments, the following also apply: 

(3) If the conditions in d.(1) and d.(2) above 

are not met, the value of tenants 

improvements and betterments will be 

determined as a proportion of your 

original cost, as set forth in the Valuation 

Loss Condition of this Coverage Form; 

and 

(4) We will not pay for loss or damage to 

tenants improvements and betterments 

if others pay for repairs or replacement. 

e. We will not pay more for loss or damage on 

a replacement cost basis than the least of 

(1), (2) or (3), subject to f. below: 

(1) The Limit of Insurance applicable to the 

lost or damaged property; 

(2) The cost to replace the lost or damaged 

property with other property: 

(a) Of comparable material and quality; 

and 

(b) Used for the same purpose; or 

(3) The amount actually spent that is 

necessary to repair or replace the lost or 

damaged property. 

(1) Personal property of others; If a building is rebuilt at a new premises, the 

cost described in e.(2) above is limited to the 

(2) Contents of a residence; cost which would have been incurred if the 

(3) Works of art, antiques or rare articles, building had been rebuilt at the original 

including etchings, pictures, statuary, premises. 

marbles, bronzes, porcelains and 

bric-a-brac; or 

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f. The cost of repair or replacement does not 

include the increased cost attributable to 

enforcement of or compliance with any 

ordinance or law regulating the construction, 

use or repair of any property. 

4. Extension Of Replacement Cost To Personal 

Property Of Others 

a. If the Replacement Cost Optional Coverage 

is shown as applicable in the Declarations, 

then this Extension may also be shown as 

applicable. If the Declarations show this 

Extension as applicable, then Paragraph 

3.b.(1) of the Replacement Cost Optional 

Coverage is deleted and all other provisions 

of the Replacement Cost Optional Coverage 

apply to replacement cost on personal 

property of others. 

With respect to replacement cost on the 

personal property of others, the following 

limitation applies: 

If an item(s) of personal property of others is 

subject to a written contract which governs 

your liability for loss or damage to that 

item(s), then valuation of that item(s) will be 

based on the amount for which you are 

liable under such contract, but not to exceed 

the lesser of the replacement cost of the 

property or the applicable Limit of Insurance. 

H. Definitions 

1. "Fungus" means any type or form of fungus, 

including mold or mildew, and any mycotoxins, 

spores, scents or by-products produced or 

released by fungi. 

2. "Pollutants" means any solid, liquid, gaseous or 

thermal irritant or contaminant, including 

smoke, vapor, soot, fumes, acids, alkalis, 

chemicals and waste. Waste includes materials 

to be recycled, reconditioned or reclaimed. 

3. Stock" means merchandise held in storage or 

for sale, raw materials and in-process or 

finished goods, including supplies used in their 

packing or shipping. 

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COMMERCIAL PROPERTY 

CP 0030 10 12 

BUSINESS INCOME (AND EXTRA EXPENSE) 

COVERAGE FORM 

Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights, duties and 

what is and is not covered. 

Throughout this policy, the words "you" and "your" refer to the Named Insured shown in the Declarations. The 

words we, "us" and "our" refer to the company providing this insurance. 

Other words and phrases that appear in quotation marks have special meaning. Refer to Section F. Definitions. 

A. Coverage With respect to the requirements set forth in 

1. Business Income the preceding paragraph, if you occupy only 

part of a building, your premises means: 

Business Income means the: 

a. Net Income (Net Profit or Loss before 

income taxes) that would have been 

earned or incurred; and 

b. Continuing normal operating expenses 

incurred, including payroll. 

For manufacturing risks, Net Income includes 

the net sales value of production. 

Coverage is provided as described and limited 

below for one or more of the following options 

for which a Limit Of Insurance is shown in the 

Declarations: 

(1) Business Income Including "Rental 

Value. 

(a) The portion of the building which you 

rent, lease or occupy; 

(b)The area within 100 feet of the 

building or within 100 feet of the 

premises described in the 

Declarations, whichever distance is 

greater (with respect to loss of or 

damage to personal property in the 

open or personal property in a 

vehicle); and 

(c) Any area within the building or at the 

described premises, if that area 

services, or is used to gain access to, 

the portion of the building which you 

rent, lease or occupy. 

(2) Business Income Other Than "Rental 

Value. 

(3) "Rental Value. 

If option (1) above is selected, the term 

Business Income will include "Rental Value. If 

option (3) above is selected, the term Business 

Income will mean "Rental Value" only. 

If Limits of Insurance are shown under more 

than one of the above options, the provisions of 

this Coverage Part apply separately to each. 

We will pay for the actual loss of Business 

Income you sustain due to the necessary 

"suspension" of your "operations" during the 

"period of restoration. The "suspension" must 

be caused by direct physical loss of or damage 

to property at premises which are described in 

the Declarations and for which a Business 

Income Limit Of Insurance is shown in the 

Declarations. The loss or damage must be 

caused by or result from a Covered Cause of 

Loss. With respect to loss of or damage to 

personal property in the open or personal 

property in a vehicle, the described premises 

include the area within 100 feet of such 

premises. 

2. Extra Expense 

a. Extra Expense Coverage is provided at the 

premises described in the Declarations only 

if the Declarations show that Business 

Income Coverage applies at that premises. 

b. Extra Expense means necessary expenses 

you incur during the "period of restoration" 

that you would not have incurred if there 

had been no direct physical loss or damage 

to property caused by or resulting from a 

Covered Cause of Loss. 

We will pay Extra Expense (other than the 

expense to repair or replace property) to: 

(1) Avoid or minimize the "suspension" of 

business and to continue operations at 

the described premises or at 

replacement premises or temporary 

locations, including relocation expenses 

and costs to equip and operate the 

replacement location or temporary 

location. 

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(2) Minimize the "suspension" of business if 

you cannot continue "operations. 

We will also pay Extra Expense to repair or 

replace property, but only to the extent it 

reduces the amount of loss that otherwise 

would have been payable under this 

Coverage Form. 

3. Covered Causes Of Loss, Exclusions And 

Limitations 

See applicable Causes Of Loss form as shown 

in the Declarations. 

4. Additional Limitation - Interruption Of 

Computer Operations 

a. Coverage for Business Income does not 

apply when a "suspension" of "operations" 

is caused by destruction or corruption of 

electronic data, or any loss or damage to 

electronic data, except as provided under 

the Additional Coverage, Interruption Of 

Computer Operations. 

b. Coverage for Extra Expense does not apply 

when action is taken to avoid or minimize a 

"suspension" of "operations" caused by 

destruction or corruption of electronic data, 

or any loss or damage to electronic data, 

except as provided under the Additional 

Coverage, Interruption Of Computer 

Operations. 

c. Electronic data means information, facts or 

computer programs stored as or on, created 

or used on, or transmitted to or from 

computer software (including systems and 

applications software), on hard or floppy 

disks, CD-ROMs, tapes, drives, cells, data 

processing devices or any other repositories 

of computer software which are used with 

electronically controlled equipment. The 

term computer programs, referred to in the 

foregoing description of electronic data, 

means a set of related electronic 

instructions which direct the operations and 

functions of a computer or device 

connected to it, which enable the computer 

or device to receive, process, store, retrieve 

or send data. 

d. This Additional Limitation does not apply 

when loss or damage to electronic data 

involves only electronic data which is 

integrated in and operates or controls a 

buildings elevator, lighting, heating, 

ventilation, air conditioning or security 

system. 

5. Additional Coverages 

a. Civil Authority 

In this Additional Coverage, Civil Authority, 

the described premises are premises to 

which this Coverage Form applies, as 

shown in the Declarations. 

When a Covered Cause of Loss causes 

damage to property other than property at 

the described premises, we will pay for the 

actual loss of Business Income you sustain 

and necessary Extra Expense caused by 

action of civil authority that prohibits access 

to the described premises, provided that 

both of the following apply: 

(1)Access to the area immediately 

surrounding the damaged property is 

prohibited by civil authority as a result of 

the damage, and the described premises 

are within that area but are not more 

than one mile from the damaged 

property; and 

(2) The action of civil authority is taken in 

response to dangerous physical 

conditions resulting from the damage or 

continuation of the Covered Cause of 

Loss that caused the damage, or the 

action is taken to enable a civil authority 

to have unimpeded access to the 

damaged property. 

Civil Authority Coverage for Business 

Income will begin 72 hours after the time of 

the first action of civil authority that prohibits 

access to the described premises and will 

apply for a period of up to four consecutive 

weeks from the date on which such 

coverage began. 

Civil Authority Coverage for Extra Expense 

will begin immediately after the time of the 

first action of civil authority that prohibits 

access to the described premises and will 

end: 

(1) Four consecutive weeks after the date of 

that action; or 

(2) When your Civil Authority Coverage for 

Business Income ends; 

whichever is later. 

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b. Alterations And New Buildings 

We will pay for the actual loss of Business 

Income you sustain and necessary Extra 

Expense you incur due to direct physical 

loss or damage at the described premises 

caused by or resulting from any Covered 

Cause of Loss to: 

(1) New buildings or structures, whether 

complete or under construction; 

(2) Alterations or additions to existing 

buildings or structures; and 

(3) Machinery, equipment, supplies or 

building materials located on or within 

100 feet of the described premises and: 

(a) Used in the construction, alterations 

or additions; or 

(b) Incidental to the occupancy of new 

buildings. 

If such direct physical loss or damage 

delays the start of "operations, the "period 

of restoration" for Business Income 

Coverage will begin on the date 

"operations" would have begun if the direct 

physical loss or damage had not occurred. 

c. Extended Business Income 

(1) Business Income Other Than 

"Rental Value" 

If the necessary "suspension" of your 

"operations" produces a Business 

Income loss payable under this policy, 

we will pay for the actual loss of 

Business Income you incur during the 

period that: 

(a) Begins on the date property (except 

"finished stock) is actually repaired, 

rebuilt or replaced and "operations" 

are resumed; and 

(b) Ends on the earlier of 

(i) The date you could restore your 

"operations, with reasonable 

speed, to the level which would 

generate the business income 

amount that would have existed if 

no direct physical loss or damage 

had occurred; or 

(ii) 60 consecutive days after the date 

determined in (1)(a) above. 

However, Extended Business Income 

does not apply to loss of Business 

Income incurred as a result of 

unfavorable business conditions caused 

by the impact of the Covered Cause of 

Loss in the area where the described 

premises are located. 

Loss of Business Income must be 

caused by direct physical loss or 

damage at the described premises 

caused by or resulting from any Covered 

Cause of Loss. 

(2) "Rental Value" 

If the necessary "suspension" of your 

"operations" produces a "Rental Value" 

loss payable under this policy, we will 

pay for the actual loss of "Rental Value" 

you incur during the period that: 

(a) Begins on the date property is actually 

repaired, rebuilt or replaced and 

tenantability is restored; and 

(b) Ends on the earlier of: 

(i) The date you could restore 

tenant occupancy, with 

reasonable speed, to the level 

which would generate the "Rental 

Value" that would have existed if 

no direct physical loss or damage 

had occurred; or 

(ii) 60 consecutive days after the date 

determined in (2)(a) above. 

However, Extended Business Income 

does not apply to loss of "Rental Value" 

incurred as a result of unfavorable 

business conditions caused by the 

impact of the Covered Cause of Loss in 

the area where the described premises 

are located. 

Loss of "Rental Value" must be caused 

by direct physical loss or damage at the 

described premises caused by or 

resulting from any Covered Cause of 

Loss. 

d. Interruption Of Computer Operations 

(1) Under this Additional Coverage, 

electronic data has the meaning described 

under Additional Limitation - Interruption 

Of Computer Operations. 

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(2) Subject to all provisions of this 

Additional Coverage, you may extend 

the insurance that applies to Business 

Income and Extra Expense to apply to a 

"suspension" of "operations" caused by 

an interruption in computer operations 

due to destruction or corruption of 

electronic data due to a Covered Cause 

of Loss. However, we will not provide 

coverage under this Additional Coverage 

when the Additional Limitation - 

Interruption Of Computer Operations 

does not apply based on Paragraph 

A.4.d. therein. 

(3) With respect to the coverage provided 

under this Additional Coverage, the 

Covered Causes of Loss are subject to 

the following: 

(a) If the Causes Of Loss - Special 

Form applies, coverage under this 

Additional Coverage, Interruption Of 

Computer Operations, is limited to 

the "specified causes of loss" as 

defined in that form and Collapse as 

set forth in that form. 

(b) If the Causes Of Loss - Broad Form 

applies, coverage under this 

Additional Coverage, Interruption Of 

Computer Operations, includes 

Collapse as set forth in that form. 

(c) If the Causes Of Loss form is 

endorsed to add a Covered Cause of 

Loss, the additional Covered Cause 

of Loss does not apply to the 

coverage provided under this 

Additional Coverage, Interruption Of 

Computer Operations. 

(d) The Covered Causes of Loss include 

a virus, harmful code or similar 

instruction introduced into or enacted 

on a computer system (including 

electronic data) or a network to which 

it is connected, designed to damage 

or destroy any part of the system or 

disrupt its normal operation. But 

there is no coverage for an 

interruption related to manipulation of 

a computer system (including 

electronic data) by any employee, 

including a temporary or leased 

employee, or by an entity retained by 

you or for you to inspect, design, 

install, maintain, repair or replace 

that system. 

(4) The most we will pay under this 

Additional Coverage, Interruption Of 

Computer Operations, is $2,500 (unless 

a higher limit is shown in the 

Declarations) for all loss sustained and 

expense incurred in any one policy year, 

regardless of the number of interruptions 

or the number of premises, locations or 

computer systems involved. If loss 

payment relating to the first interruption 

does not exhaust this amount, then the 

balance is available for loss or expense 

sustained or incurred as a result of 

subsequent interruptions in that policy 

year. A balance remaining at the end of 

a policy year does not increase the 

amount of insurance in the next policy 

year. With respect to any interruption 

which begins in one policy year and 

continues or results in additional loss or 

expense in a subsequent policy year(s), 

all loss and expense is deemed to be 

sustained or incurred in the policy year 

in which the interruption began. 

(5) This Additional Coverage, Interruption Of 

Computer Operations, does not apply to 

loss sustained or expense incurred after 

the end of the "period of restoration, 

even if the amount of insurance stated in 

(4) above has not been exhausted. 

6. Coverage Extension 

If a Coinsurance percentage of 50% or more is 

shown in the Declarations, you may extend the 

insurance provided by this Coverage Part as 

follows: 

Newly Acquired Locations 

a. You may extend your Business Income and 

Extra Expense Coverages to apply to 

property at any location you acquire other 

than fairs or exhibitions. 

b. The most we will pay under this Extension, 

for the sum of Business Income loss and 

Extra Expense incurred, is $100,000 at 

each location, unless a higher limit is shown 

in the Declarations. 

c. Insurance under this Extension for each 

newly acquired location will end when any 

of the following first occurs: 

(1) This policy expires; 

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(2) 30 days expire after you acquire or begin 

to construct the property; or 

(3) You report values to us. 

We will charge you additional premium for 

values reported from the date you acquire 

the property. 

The Additional Condition, Coinsurance, does 

not apply to this Extension. 

B. Limits Of Insurance 

The most we will pay for loss in any one 

occurrence is the applicable Limit Of Insurance 

shown in the Declarations. 

Payments under the following coverages will not 

increase the applicable Limit of Insurance: 

1. Alterations And New Buildings; 

2. Civil Authority; 

3. Extra Expense; or 

4. Extended Business Income. 

The amounts of insurance stated in the 

Interruption Of Computer Operations Additional 

Coverage and the Newly Acquired Locations 

Coverage Extension apply in accordance with the 

terms of those coverages and are separate from 

the Limit(s) Of Insurance shown in the 

Declarations for any other coverage. 

C. Loss Conditions 

The following conditions apply in addition to the 

Common Policy Conditions and the Commercial 

Property Conditions: 

1. Appraisal 

If we and you disagree on the amount of Net 

Income and operating expense or the amount 

of loss, either may make written demand for an 

appraisal of the loss. In this event, each party 

will select a competent and impartial appraiser. 

The two appraisers will select an umpire. If they 

cannot agree, either may request that selection 

be made by a judge of a court having 

jurisdiction. The appraisers will state separately 

the amount of Net Income and operating 

expense or amount of loss. If they fail to agree, 

they will submit their differences to the umpire. 

A decision agreed to by any two will be binding. 

Each party will: 

a. Pay its chosen appraiser; and 

b. Bear the other expenses of the appraisal 

and umpire equally. 

If there is an appraisal, we will still retain our 

right to deny the claim. 

2. Duties In The Event Of Loss 

a. You must see that the following are done in 

the event of loss: 

(1) Notify the police if a law may have been 

broken. 

(2) Give us prompt notice of the direct 

physical loss or damage. Include a 

description of the property involved. 

(3) As soon as possible, give us a 

description of how, when and where the 

direct physical loss or damage occurred. 

(4) Take all reasonable steps to protect the 

Covered Property from further damage, 

and keep a record of your expenses 

necessary to protect the Covered 

Property, for consideration in the 

settlement of the claim. This will not 

increase the Limit of Insurance. 

However, we will not pay for any 

subsequent loss or damage resulting 

from a cause of loss that is not a 

Covered Cause of Loss. Also, if feasible, 

set the damaged property aside and in 

the best possible order for examination. 

(5) As often as may be reasonably required, 

permit us to inspect the property proving 

the loss or damage and examine your 

books and records. 

Also permit us to take samples of 

damaged and undamaged property for 

inspection, testing and analysis, and 

permit us to make copies from your 

books and records. 

(6) Send us a signed, sworn proof of loss 

containing the information we request to 

investigate the claim. You must do this 

within 60 days after our request. We will 

supply you with the necessary forms. 

(7) Cooperate with us in the investigation or 

settlement of the claim. 

(8) If you intend to continue your business, 

you must resume all or part of your 

"operations" as quickly as possible. 

b. We may examine any insured under oath, 

while not in the presence of any other 

insured and at such times as may be 

reasonably required, about any matter 

relating to this insurance or the claim, 

including an insureds books and records. In 

the event of an examination, an insureds 

answers must be signed. 

CP 00 30 10 12 © Insurance Services Office, Inc., 2011 Page 5 of 9 

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3. Loss Determination 

a. The amount of Business Income loss will be 

determined based on: 

(1) The Net Income of the business before 

the direct physical loss or damage 

occurred; 

(2) The likely Net Income of the business if 

no physical loss or damage had 

occurred, but not including any Net 

Income that would likely have been 

earned as a result of an increase in the 

volume of business due to favorable 

business conditions caused by the 

impact of the Covered Cause of Loss on 

customers or on other businesses; 

(3) The operating expenses, including 

payroll expenses, necessary to resume 

"operations" with the same quality of 

service that existed just before the direct 

physical loss or damage; and 

(4) Other relevant sources of information, 

including: 

(a) Your financial records 

and 

accounting procedures; 

(b) Bills, invoices and other vouchers; 

and 

(c) Deeds, liens or contracts. 

b. The amount of Extra Expense will be 

determined based on: 

(1) All expenses that exceed the normal 

operating expenses that would have 

been incurred by "operations" during the 

"period of restoration" if no direct 

physical loss or damage had occurred. 

We will deduct from the total of such 

expenses: 

(a) The salvage value that remains of 

any property bought for temporary 

use during the "period of 

restoration, once "operations" are 

resumed; and 

(b) Any Extra Expense that is paid for 

by other insurance, except for 

insurance that is written subject to 

the same plan, terms, conditions and 

provisions as this insurance; and 

(2) Necessary expenses that reduce the 

Business Income loss that otherwise 

would have been incurred. 

c. Resumption Of Operations 

We will reduce the amount of your 

(1) Business Income loss, other than Extra 

Expense, to the extent you can resume 

your "operations, in whole or in part, by 

using damaged or undamaged property 

(including merchandise or stock) at the 

described premises or elsewhere. 

(2) Extra Expense loss to the extent you 

can return "operations" to normal and 

discontinue such Extra Expense. 

d. If you do not resume "operations, or do not 

resume "operations" as quickly as possible, 

we will pay based on the length of time it 

would have taken to resume "operations" 

as quickly as possible. 

4. Loss Payment 

We will pay for covered loss within 30 days 

after we receive the sworn proof of loss, if you 

have complied with all of the terms of this 

Coverage Part, and: 

a. We have reached agreement with you on 

the amount of loss; or 

b. An appraisal award has been made. 

D. Additional Condition 

COINSURANCE 

If a Coinsurance percentage is shown in the 

Declarations, the following condition applies in 

addition to the Common Policy Conditions and the 

Commercial Property Conditions. 

We will not pay the full amount of any Business 

Income loss if the Limit of Insurance for Business 

Income is less than: 

1. The Coinsurance percentage shown for 

Business Income in the Declarations; times 

2. The sum of: 

a. The Net Income (Net Profit or Loss before 

income taxes), and 

b. Operating expenses, including payroll 

expenses, 

that would have been earned or incurred (had 

no loss occurred) by your "operations" at the 

described premises for the 12 months following 

the inception, or last previous anniversary date, 

of this policy (whichever is later). 

Page 6 of 9 © Insurance Services Office, Inc., 2011 CP 00 30 10 12 

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Instead, we will determine the most we will pay 

using the following steps: 

Step (1): Multiply the Net Income and operating 

expense for the 12 months following the 

inception, or last previous anniversary 

date, of this policy by the Coinsurance 

percentage; 

Step (2): Divide the Limit of Insurance for the 

described premises by the figure 

determined in Step (1); and 

Step (3): Multiply the total amount of loss by the 

figure determined in Step (2). 

We will pay the amount determined in Step (3) or 

the limit of insurance, whichever is less. For the 

remainder, you will either have to rely on other 

insurance or absorb the loss yourself. 

In determining operating expenses for the purpose 

of applying the Coinsurance condition, the 

following expenses, if applicable, shall be 

deducted from the total of all operating expenses: 

(1) Prepaid freight - outgoing; 

(2) Returns and allowances; 

(3) Discounts; 

(4) Bad debts; 

(5) Collection expenses; 

(6) Cost of raw stock and factory supplies 

consumed (including transportation 

charges); 

(7) Cost of merchandise sold (including 

transportation charges); 

(8) Cost of other supplies consumed 

(including transportation charges); 

(9) Cost of services purchased from 

outsiders (not employees) to resell, that 

do not continue under contract; 

(10)Power, heat and refrigeration expenses 

that do not continue under contract (if 

Form CP 15 11 is attached); 

(11)All payroll expenses or the amount of 

payroll expense excluded (if Form CP 

15 10 is attached); and 

(12)Special deductions for mining properties 

(royalties unless specifically included in 

coverage; actual depletion commonly 

known as unit or cost depletion - not 

percentage depletion; welfare and 

retirement fund charges based on 

tonnage; hired trucks). 

Example I (Underinsurance) 

When: The Net Income and operating 

expenses for the 12 months 

following the inception, or last 

previous anniversary date, of 

this policy at the described 

premises would have been: $ 400,000 

The Coinsurance percentage is: 50% 

The Limit of Insurance is: $ 150,000 

The amount of loss is: $ 80,000 

Step (1): $400,000 x 50% = $200,000 

(the minimum amount of insurance to 

meet your Coinsurance requirements) 

Step (2): $150,000. $200,000 = .75 

Step (3): $80,000 x.75 = $60,000 

We will pay no more than $60,000. The remaining 

$20,000 is not covered. 

Example 2 (Adequate Insurance) 

When: The Net Income and operating 

expenses for the 12 months 

following the inception, or last 

previous anniversary date, of 

this policy at the described 

premises would have been: $ 400,000 

The Coinsurance percentage is: 50% 

The Limit of Insurance is: $ 200,000 

The amount of loss is: $ 80,000 

The minimum amount of insurance to meet your 

Coinsurance requirement is $200,000 ($400,000 x 

50%). Therefore, the Limit of Insurance in this 

example is adequate and no penalty applies. We will 

pay no more than $80,000 (amount of loss). 

This condition does not apply to Extra Expense 

Coverage. 

E. Optional Coverages 

If shown as applicable in the Declarations, the 

following Optional Coverages apply separately to 

each item. 

1. Maximum Period Of Indemnity 

a. The Additional Condition, Coinsurance, does 

not apply to this Coverage Form at the 

described premises to which this Optional 

Coverage applies. 

CP 00 30 10 12 © Insurance Services Office, Inc., 2011 Page 7 of 9 

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b. The most we will pay for the total of 

Business Income loss and Extra Expense is 

the lesser of: 

(1) The amount of loss sustained and 

expenses incurred during the 120 days 

immediately following the beginning of 

the "period of restoration; or 

(2) The Limit Of Insurance shown in the 

Declarations. 

2. Monthly Limit Of Indemnity 

a. The Additional Condition, Coinsurance, does 

not apply to this Coverage Form at the 

described premises to which this Optional 

Coverage applies. 

b. The most we will pay for loss of Business 

Income in each period of 30 consecutive 

days after the beginning of the "period of 

restoration" is: 

(1) The Limit of Insurance, multiplied by 

(2) The fraction shown in the Declarations 

for this Optional Coverage. 

Example 

When: The Limit of Insurance is:$ 120,000 

The fraction shown in the 

Declarations for this Optional 

Coverage is: 1/4 

The most we will pay for loss in 

each period of 30 consecutive 

days is: $ 30,000 

($120,000 x 1/4 = $30,000) 

If, in this example, the actual 

amount of loss is: 

Days 1-30: $ 40,000 

Days 31-60: $20,000 

Days 61-90: $ 30,000 

$ 90,000 

We will pay: 

Days 1-30: $ 30,000 

Days 31-60: $20,000 

Days 61-90: $ 30,000 

$ 80,000 

The remaining $10,000 is not covered. 

3. Business Income Agreed Value a. To 

activate this Optional Coverage: 

(b) Estimated for the 12 months 

immediately following the inception 

of this Optional Coverage. 

(2) The Declarations must indicate that the 

Business Income Agreed Value Optional 

Coverage applies, and an Agreed Value 

must be shown in the Declarations. The 

Agreed Value should be at least equal 

to: 

(a) The Coinsurance percentage shown 

in the Declarations; multiplied by 

(b) The amount of Net Income and 

operating expenses for the following 

12 months you report on the Work 

Sheet. 

b. The Additional Condition, Coinsurance, is 

suspended until: 

(1) 12 months after the effective date of this 

Optional Coverage; or 

(2) The expiration date of this 

policy; whichever occurs first. 

c. We will reinstate the Additional Condition, 

Coinsurance, automatically if you do not 

submit a new Work Sheet and Agreed 

Value: 

(1) Within 12 months of the effective date of 

this Optional Coverage; or 

(2) When you request a change in your 

Business Income Limit of Insurance. 

d. If the Business Income Limit of Insurance is 

less than the Agreed Value, we will not pay 

more of any loss than the amount of loss 

multiplied by: 

(1) The Business Income Limit of 

Insurance; divided by 

(2) The Agreed Value. 

Example 

When: The Limit of Insurance is: $ 100,000 

The Agreed Value is: $ 200,000 

The amount of loss is: $ 80,000 

Step (1): $100,000. $200,000 = .50 

Step (2): .50 x $80,000 = $40,000 

We will pay $40,000. The remaining $40,000 is not 

covered. 

(1) A Business Income Report/Work Sheet 

4. Extended Period Of Indemnity 

must be submitted to us and must show Under Paragraph A.5.c., Extended Business 

financial data for your operations: Income, the number 60 in Subparagraphs 

(a) During the 12 months prior to the 

(1)(b) and (2)(b) is replaced by the number 

shown in the Declarations for this Optional 

date of the Work Sheet; and Coverage. 

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F. Definitions 

1. "Finished stock" means stock you have 

manufactured. 

"Finished stock" also includes whiskey and 

alcoholic products being aged, unless there is a 

Coinsurance percentage shown for Business 

Income in the Declarations. 

"Finished stock" does not include stock you 

have manufactured that is held for sale on the 

premises of any retail outlet insured under this 

Coverage Part. 

2. "Operations" means: 

a. Your business activities occurring at the 

described premises; and 

b. The tenantability of the described premises, 

if coverage for Business Income Including 

"Rental Value" or "Rental Value" applies. 

3. "Period of restoration" means the period of time 

that: 

a. Begins 

(1) 72 hours after the time of direct physical 

loss or damage for Business Income 

Coverage; or 

(2) Immediately after the time of direct 

physical loss or damage for Extra 

Expense Coverage; 

caused by or resulting from any Covered 

Cause of Loss at the described premises; 

and 

b. Ends on the earlier of: 

(1) The date when the property at the 

described premises should be repaired, 

rebuilt or replaced with reasonable speed 

and similar quality; or 

(2) The date when business is resumed at a 

new permanent location. 

"Period of restoration" does not include any 

increased period required due to the 

enforcement of or compliance with any 

ordinance or law that: 

(1) Regulates the construction, use or 

repair, or requires the tearing down, of 

any property; or 

(2) Requires any insured or others to test for, 

monitor, clean up, remove, contain, 

treat, detoxify or neutralize, or in any 

way respond to, or assess the effects of 

"pollutants. 

The expiration date of this policy will not cut 

short the "period of restoration. 

4. "Pollutants" means any solid, liquid, gaseous or 

thermal irritant or contaminant, including 

smoke, vapor, soot, fumes, acids, alkalis, 

chemicals and waste. Waste includes 

materials to be recycled, reconditioned or 

reclaimed. 

5. "Rental Value" means Business Income that 

consists of: 

a. Net Income (Net Profit or Loss before 

income taxes) that would have been earned 

or incurred as rental income from tenant 

occupancy of the premises described in the 

Declarations as furnished and equipped by 

you, including fair rental value of any 

portion of the described premises which is 

occupied by you; and 

b. Continuing normal operating expenses 

incurred in connection with that premises, 

including: 

(1) Payroll; and 

(2) The amount of charges which are the 

legal obligation of the tenant(s) but 

would otherwise be your obligations. 

6. "Suspension" means: 

a. The slowdown or cessation of your 

business activities; or 

b. That a part or all of the described premises 

is rendered untenantable, if coverage for 

Business Income Including "Rental Value" 

or "Rental Value" applies. 

CP 00 30 10 12 © Insurance Services Office, Inc., 2011 Page 9 of 9 

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CP 0090 0788 

COMMERCIAL PROPERTY CONDITIONS 

This Coverage Part is subject to the following 

conditions, the Common Policy Conditions and 

applicable Loss Conditions and Additional Conditions 

in Commercial Property Coverage Forms. 

A. CONCEALMENT, MISREPRESENTATION OR 

FRAUD 

This Coverage Part is void in any case of fraud by 

you as it relates to this Coverage Part at any time. 

It is also void if you or any other insured, at any 

time, intentionally conceal or misrepresent a 

material fact concerning: 

1. This Coverage Part; 

2. The Covered Property; 

3. Your interest in the Covered Property; or 

4. A claim under this Coverage Part. 

B. CONTROL OF PROPERTY 

Any act or neglect of any person other than you 

beyond your direction or control will not affect 

this insurance. 

The breach of any condition of this Coverage Part 

at any one or more locations will not affect 

coverage at any location where, at the time of 

loss or damage, the breach of condition does not 

exist. 

C. INSURANCE UNDER TWO OR MORE 

COVERAGES 

If two or more of this policy's coverages apply to 

the same loss or damage, we will not pay more 

than the actual amount of the loss or damage. 

D. LEGAL ACTION AGAINST US 

No one may bring a legal action against us under 

this Coverage Part unless: 

1. There has been full compliance with all of the 

terms of this Coverage Part; and 

2. The action is brought within 2 years after the 

date on which the direct physical loss or 

damage occurred. 

E. LIBERALIZATION 

If we adopt any revision that would broaden the 

coverage under this Coverage Part without additional premium within 45 days prior to or during 

the policy period, the broadened coverage will 

immediately apply to this Coverage Part. 

F. NO BENEFIT TO BAILEE 

No person or organization, other than you, having custody of Covered Property willbenefit from 

this insurance. 

G. OTHER INSURANCE 

1. You may have other insurance subject to the 

same plan, terms, conditions and provisions 

as the insurance under this Coverage Part. If 

you do, we willpay our share of the covered 

loss or damage. Our share is the proportion 

that the applicable Limit of Insurance under 

this Coverage Part bears to the Limits Of 

Insurance of all insurance covering on the 

same basis. 

2. If there is other insurance covering the same 

loss or damage, other than that described in 

1. above, we will pay only for the amount of 

covered loss or damage in excess of the 

amount due from that other insurance, 

whether you can collect on it or not. But we 

willnot pay more than the applicable Limit of 

Insurance. 

H. POLICY PERIOD, COVERAGE TERRITORY 

Under this Coverage Part: 

1. We cover loss or damage commencing: 

a. During the policy period shown in the 

Declarations; and 

b. Within the coverage territory. 

2. The coverage territory is: 

a. The United States of America (including 

its territories and possessions); 

b. Puerto Rico; and 

c. Canada. 

I. TRANSFER OF RIGHTS OF RECOVERY 

AGAINST OTHERS TO US 

If any person or organization to or for whom we 

make payment under this Coverage Part has 

rights to recover damages from another, those 

rights are transferred to us to the extent of our 

payment. That person or organization must do 

everything necessary to secure our rights and 

must do nothing after loss to impair them. But 

you may waive your rights against another party 

in writing: 

1. Prior to a loss to your Covered Property or 

Covered Income. 

2. After a loss to your Covered Property or Covered Income only if, at time of loss, that party 

is one of the following: 

a. Someone insured by this insurance; 

b. A business firm: 

(1) Owned or controlled by you; or 

(2) That owns or controls you; or 

c. Your tenant. 

This will not restrict your insurance. 

CF 189 (7-88) 

CP 00 90 07 88 Copyright, ISO Commercial Risk Services, Inc., 1983, 1987 Page 1 of 1 

Case 1:20-cv-22055-CMA Document 1-2 Entered on FLSD Docket 05/15/2020 Page 83 of 104
POLICY NUMBER: AB7812920 COMMERCIAL PROPERTY 

CP 10 54 06 07 

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. 

WINDSTORM OR HAIL EXCLUSION 

Coverage This endorsement modifies insurance provided under the following: 

CAUSES OF LOSS - BASIC FORM 

CAUSES OF LOSS - BROAD FORM 

CAUSES OF LOSS - SPECIAL FORM 

STANDARD PROPERTY POLICY 

SCHEDULE 

I Premises Number I Buildina Number I 

I Information required to complete this Schedule, if not shown above, will be shown in the Declarations. I 

With respect to the location(s) indicated in the Schedule, the following provisions apply. 

A. The following is added to the Exclusions section 

and is therefore not a Covered Cause of Loss: 

WINDSTORM OR HAIL 

We will not pay for loss or damage 

1. Caused directly or indirectly by Windstorm or 

Hail, regardless of any other cause or event 

that contributes concurrently or in any sequence to the loss or damage; or 

2. Caused by rain, snow, sand or dust, whether 

driven by wind or not, if that loss or damage 

would not have occurred but for the Windstorm 

or Hail. 

But if Windstorm or Hail results in a cause of 

loss other than rain, snow, sand or dust, and 

that resulting cause of loss is a Covered Cause 

of Loss, we will pay for the loss or damage 

caused by such Covered Cause of Loss. For 

example, if the Windstorm or Hail damages a 

heating system and fire results, the loss or 

damage attributable to the fire is covered subject to any other applicable policy provisions. 

B. The terms of the Windstorm Or Hail exclusion, or 

the inapplicability of this exclusion to a particular 

loss, do not serve to create coverage for any loss 

that would otherwise be excluded under this policy. 

C. Under Additional Coverage - Collapse, in the 

Causes Of Loss - Broad Form, Windstorm or Hail 

is deleted from Paragraph 2.a. 

D. In the Causes Of Loss - Special Form, Windstorm 

or Hail is deleted from the "specified causes of 

loss. 

E. Under Additional Coverage Extensions - Property In Transit, in the Causes Of Loss - Special 

Form, Windstorm or Hail is deleted from Paragraph b.(1). 

CP 10 54 06 07 © ISO Properties, Inc., 2007 Page 1 of 1 

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PROTECTIVE SAFEGUARDS 

FAILURE TO COMPLY WITH THE PROTECTIVE SA FEGUA RD CLAUSES SPECIFIED AS 

APPLICABLE IN THE SCHEDULE BELOW SHALL SUSPEND THIS INSURANCE. 

PROTECTIVE SAFEGUARD CLAUSE(S) 

In consideration of the premium at which this policy is written, based on the protection of the premises by the 

protective safeguard system or systems indicated below, it is a condition of this policy that the insured shall 

exercise due diligence in maintaining in complete working order all equipment and services pertaining to the system 

which are under the control of the insured, including any special maintenance or service requirements indicated 

below. It is also a condition of this insurance that the insured shall give immediate notice to your insurance agent of 

any impairment in or suspension of any equipment or service pertaining the the system within the knowledge of the 

insured. 

A. D Automatic Sprinkler System. 

In further consideration of the premium at which this policy is written, it is a condition of this policy 

that the insured shall have the automatic sprinkler system serviced by an independent contractor 

licensed to service and maintain automatic sprinkler systems in the state in which the premises 

are located. It is also a condition of this policy that the insured shall have the automatic sprinkler 

system inspected and tested at least once per year by an independent contractor licensed to 

inspect and test automatic sprinkler systems in the state in which the premises are located. 

B rl Automatic Fire Alarm, reporting to a public or private fire alarm station. 

C.i. Fj Automatic Burglar Alarm, reporting to a public or private fire alarm station. 

C.i.i. E Certified UL (Underwriters Laboratory) approved central station alarm covering all openings in the 

insureds premises; with motion detectors, covering all Contents/Business Personal 

Property covered for burglary. 

D. Automatic Extinguishing System and Hood and Duct Cleaning. 

It is a condition of this insurance that all ranges, deep-fat fryers, broilers and other cooking 

appliances, including their hoods, are protected by an approved, automatic fire extinguishing 

system, and insofar as such protective equipment is under the control of the insured, due 

diligence shall be used to maintain such system in complete working order. 

All automatic extinguishing systems and hoods and duct work shall be cleaned and inspected by an 

outside cleaning service no less than twice a year. 

It is a condition of this insurance shall all hoods and ducts are equipped with approved grease 

filters which shall be routinely cleaned. 

E U 24-Hour Professional on Premises Guard Service. 

F. D 

All other terms and conditions remain unchanged. 

This endorsement to take effect on the 10 day of January 2020 

Attaching to an forming part of Certificate No. AB7812920 Aspen Specialty 

Issued to: 

Cafe La Trova LLC 

ADVANCED E & S OF FLORIDA 

1H9910 12/05 

Case 1:20-cv-22055-CMA Document 1-2 Entered on FLSD Docket 05/15/2020 Page 85 of 104
Alarm Warranty 

If at the time of a loss there is no Central Station 

Burglar Alarm System or the system is not in full force 

and operational, then a theft sub-limit of $10,000 shall be applied. 

AW 2010 

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COMMERCIAL PROPERTY 

CP 1030 10 12 

CAUSES OF LOSS - SPECIAL FORM 

Words and phrases that appear in quotation marks have special meaning. Refer to Section G. Definitions. 

A. Covered Causes Of Loss 

When Special is shown in the Declarations, 

Covered Causes of Loss means direct physical 

loss unless the loss is excluded or limited in this 

policy. 

B. Exclusions 

1. We will not pay for loss or damage caused 

directly or indirectly by any of the following. 

Such loss or damage is excluded regardless of 

any other cause or event that contributes 

concurrently or in any sequence to the loss. 

a. Ordinance Or Law 

The enforcement of or compliance with any 

ordinance or law: 

(1) Regulating the construction, use or 

repair of any property; or 

(2) Requiring the tearing down of any 

property, including the cost of removing 

its debris. 

This exclusion, Ordinance Or Law, applies 

whether the loss results from: 

(a) An ordinance or law that is enforced 

even if the property has not been 

damaged; or 

(b) The increased costs incurred to 

comply with an ordinance or law in 

the course of construction, repair, 

renovation, remodeling or demolition 

of property, or removal of its debris, 

following a physical loss to that 

property. 

b. Earth Movement 

(1) Earthquake, including tremors and 

aftershocks and any earth sinking, rising 

or shifting related to such event; 

(2) Landslide, including any earth sinking, 

rising or shifting related to such event; 

(3) Mine subsidence, meaning subsidence 

of a man-made mine, whether or not 

mining activity has ceased; 

(4) Earth sinking (other than sinkhole 

collapse), rising or shifting including soil 

conditions which cause settling, cracking 

or other disarrangement of foundations 

or other parts of realty. Soil conditions 

include contraction, expansion, freezing, 

thawing, erosion, improperly compacted 

soil and the action of water under the 

ground surface. 

But if Earth Movement, as described in 

b.(1) through (4) above, results in fire or 

explosion, we will pay for the loss or 

damage caused by that fire or explosion. 

(5) Volcanic eruption, explosion or effusion. 

But if volcanic eruption, explosion or 

effusion results in fire, building glass 

breakage or Volcanic Action, we will pay 

for the loss or damage caused by that 

fire, building glass breakage or Volcanic 

Action. 

Volcanic Action means direct loss or 

damage resulting from the eruption of a 

volcano when the loss or damage is 

caused by: 

(a) Airborne volcanic blast or airborne 

shock waves; 

(b) Ash, dust or particulate matter; or 

(c) Lava flow. 

With respect to coverage for Volcanic 

Action as set forth in (5)(a), (5)(b) and 

(5)(c), all volcanic eruptions that occur 

within any 168-hour period will constitute 

a single occurrence. 

Volcanic Action does not include the 

cost to remove ash, dust or particulate 

matter that does not cause direct 

physical loss or damage to the 

described property. 

This exclusion applies regardless of 

whether any of the above, in Paragraphs 

(1) through (5), is caused by an act of 

nature or is otherwise caused. 

CP10301012 © Insurance Services Office, Inc., 2011 Page 1 of 10 

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c. Governmental Action 

Seizure or destruction of property by order 

of governmental authority. 

But we will pay for loss or damage caused 

by or resulting from acts of destruction 

ordered by governmental authority and 

taken at the time of a fire to prevent its 

spread, if the fire would be covered under 

this Coverage Part. 

d. Nuclear Hazard 

Nuclear reaction or radiation, or radioactive 

contamination, however caused. 

But if nuclear reaction or radiation, or 

radioactive contamination, results in fire, we 

will pay for the loss or damage caused by 

that fire. 

e. Utility Services 

The failure of power, communication, water 

or other utility service supplied to the 

described premises, however caused, if the 

failure: 

(1) Originates away from the described 

premises; or 

(2) Originates at the described premises, 

but only if such failure involves 

equipment used to supply the utility 

service to the described premises from 

a source away from the described 

premises. 

Failure of any utility service includes lack of 

sufficient capacity and reduction in supply. 

Loss or damage caused by a surge of 

power is also excluded, if the surge would 

not have occurred but for an event causing 

a failure of power. 

But if the failure or surge of power, or the 

failure of communication, water or other 

utility service, results in a Covered Cause of 

Loss, we will pay for the loss or damage 

caused by that Covered Cause of Loss. 

Communication services include but are not 

limited to service relating to Internet access 

or access to any electronic, cellular or 

satellite network. 

f. War And Military Action 

(1) War, including undeclared or civil war; 

(2) Warlike action by a military force, 

including action in hindering or 

defending against an actual or expected 

attack, by any government, sovereign or 

other authority using military personnel 

or other agents; or 

(3) Insurrection, rebellion, revolution, 

usurped power, or action taken by 

governmental authority in hindering or 

defending against any of these. 

g. Water 

(1) Flood, surface water, waves (including 

tidal wave and tsunami), tides, tidal 

water, overflow of any body of water, or 

spray from any of these, all whether or 

not driven by wind (including storm 

surge); 

(2) Mudslide or mudflow; 

(3) Water that backs up or overflows or is 

otherwise discharged from a sewer, 

drain, sump, sump pump or related 

equipment; 

(4) Water under the ground surface 

pressing on, or flowing or seeping 

through: 

(a) Foundations, walls, floors or paved 

surfaces; 

(b) Basements, whether paved or not; or 

(c) Doors, windows or other openings; 

or 

(5) Waterborne material carried or 

otherwise moved by any of the water 

referred to in Paragraph (1), (3) or (4), 

or material carried or otherwise moved 

by mudslide or mudflow. 

This exclusion applies regardless of 

whether any of the above, in Paragraphs 

(1) through (5), is caused by an act of 

nature or is otherwise caused. An example 

of a situation to which this exclusion applies 

is the situation where a dam, levee, seawall 

or other boundary or containment system 

fails in whole or in part, for any reason, to 

contain the water. 

But if any of the above, in Paragraphs (1) 

through (5), results in fire, explosion or 

sprinkler leakage, we will pay for the loss or 

damage caused by that fire, explosion or 

sprinkler leakage (if sprinkler leakage is a 

Covered Cause of Loss). 

h. "Fungus", Wet Rot, Dry Rot And Bacteria 

Presence, growth, proliferation, spread or 

any activity of "fungus, wet or dry rot or 

bacteria. 

But if "fungus, wet or dry rot or bacteria 

result in a "specified cause of loss, we will 

pay for the loss or damage caused by that 

"specified cause of loss. 

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This exclusion does not apply: 

(1) When "fungus, wet or dry rot or 

bacteria result from fire or lightning; or 

(2) To the extent that coverage is provided 

in the Additional Coverage, Limited 

Coverage For Fungus, Wet Rot, Dry 

Rot And Bacteria, with respect to loss or 

damage by a cause of loss other than 

fire or lightning. 

Exclusions B.1.a. through B.1.h. apply whether 

or not the loss event results in widespread 

damage or affects a substantial area. 

2. We will not pay for loss or damage caused by 

or resulting from any of the following: 

a. Artificially generated electrical, magnetic or 

electromagnetic energy that damages, 

disturbs, disrupts or otherwise interferes 

with any: 

(1) Electrical or electronic wire, device, 

appliance, system or network; or 

(2) Device, appliance, system or network 

utilizing cellular or satellite technology. 

For the purpose of this exclusion, electrical, 

magnetic or electromagnetic energy 

includes but is not limited to: 

(a) Electrical current, including arcing; 

(b) Electrical charge produced or 

conducted by a magnetic or 

electromagnetic field; 

(C) Pulse of electromagnetic energy; or 

(d) Electromagnetic waves or 

microwaves. 

But if fire results, we will pay for the loss or 

damage caused by that fire. 

b. Delay, loss of use or loss of market. 

c. Smoke, vapor or gas from agricultural 

smudging or industrial operations. 

d.(1) Wear and tear; 

(2) Rust or other corrosion, decay, 

deterioration, hidden or latent defect or 

any quality in property that causes it to 

damage or destroy itself; 

(3) Smog; 

(4) Settling, cracking, shrinking or 

expansion; 

(5) Nesting or infestation, or discharge or 

release of waste products or secretions, 

by insects, birds, rodents or other 

animals. 

(6) Mechanical breakdown, including 

rupture or bursting caused by centrifugal 

force. But if mechanical breakdown 

results in elevator collision, we will pay 

for the loss or damage caused by that 

elevator collision. 

(7) The following causes of loss to personal 

property: 

(a) Dampness or dryness of 

atmosphere; 

(b) Changes in or extremes of 

temperature; or 

(C) Marring or scratching. 

But if an excluded cause of loss that is 

listed in 2.d.(1) through (7) results in a 

"specified cause of loss" or building glass 

breakage, we will pay for the loss or 

damage caused by that "specified cause of 

loss" or building glass breakage. 

e. Explosion of steam boilers, steam pipes, 

steam engines or steam turbines owned or 

leased by you, or operated under your 

control. But if explosion of steam boilers, 

steam pipes, steam engines or steam 

turbines results in fire or combustion 

explosion, we will pay for the loss or 

damage caused by that fire or combustion 

explosion. We will also pay for loss or 

damage caused by or resulting from the 

explosion of gases or fuel within the furnace 

of any fired vessel or within the flues or 

passages through which the gases of 

combustion pass. 

f. Continuous or repeated seepage or leakage 

of water, or the presence or condensation 

of humidity, moisture or vapor, that occurs 

over a period of 14 days or more. 

g. Water, other liquids, powder or molten 

material that leaks or flows from plumbing, 

heating, air conditioning or other equipment 

(except fire protective systems) caused by 

or resulting from freezing, unless: 

(1) You do your best to maintain heat in the 

building or structure; or 

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(2) You drain the equipment and shut off 

the supply if the heat is not maintained. 

h. Dishonest or criminal act (including theft) by 

you, any of your partners, members, 

officers, managers, employees (including 

temporary employees and leased workers), 

directors, trustees or authorized 

representatives, whether acting alone or in 

collusion with each other or with any other 

party; or theft by any person to whom you 

entrust the property for any purpose, 

whether acting alone or in collusion with 

any other party. 

This exclusion: 

(1) Applies whether or not an act occurs 

during your normal hours of operation; 

(2) Does not apply to acts of destruction by 

your employees (including temporary 

employees and leased workers) or 

authorized representatives; but theft by 

your employees (including temporary 

employees and leased workers) or 

authorized representatives is not 

covered. 

L Voluntary parting with any property by you 

or anyone else to whom you have entrusted 

the property if induced to do so by any 

fraudulent scheme, trick, device or false 

pretense. 

j. Rain, snow, ice or sleet to personal 

property in the open. 

k. Collapse, including any of the following 

conditions of property or any part of the 

property: 

(1) An abrupt falling down or caving in; 

(2) Loss of structural integrity, including 

separation of parts of the property or 

property in danger of falling down or 

caving in; or 

(3) Any cracking, bulging, sagging, bending, 

leaning, settling, shrinkage or expansion 

as such condition relates to (1) or (2) 

above. 

But if collapse results in a Covered Cause 

of Loss at the described premises, we will 

pay for the loss or damage caused by that 

Covered Cause of Loss. 

This exclusion, k., does not apply: 

(b) To collapse caused by one or more 

of the following: 

(i) The "specified causes of loss; 

(ii) Breakage of building glass; 

(iii) Weight of rain that collects on a 

roof; or 

(iv) Weight of people or personal 

property. 

I. Discharge, dispersal, seepage, migration, 

release or escape of "pollutants" unless the 

discharge, dispersal, seepage, migration, 

release or escape is itself caused by any of 

the "specified causes of loss. But if the 

discharge, dispersal, seepage, migration, 

release or escape of "pollutants" results in a 

"specified cause of loss, we will pay for the 

loss or damage caused by that "specified 

cause of loss. 

This exclusion, I., does not apply to 

damage to glass caused by chemicals 

applied to the glass. 

m. Neglect of an insured to use all reasonable 

means to save and preserve property from 

further damage at and after the time of loss. 

3. We will not pay for loss or damage caused by 

or resulting from any of the following, 3.a. 

through 3.c. But if an excluded cause of loss 

that is listed in 3.a. through 3.c. results in a 

Covered Cause of Loss, we will pay for the 

loss or damage caused by that Covered Cause 

of Loss. 

a. Weather conditions. But this exclusion only 

applies if weather conditions contribute in 

any way with a cause or event excluded in 

Paragraph 1. above to produce the loss or 

damage. 

b. Acts or decisions, including the failure to act 

or decide, of any person, group, 

organization or governmental body. 

c. Faulty, inadequate or defective: 

(1) Planning, zoning, development, 

surveying, siting; 

(2) Design, specifications, workmanship, 

repair, construction, renovation, 

remodeling, grading, compaction; 

(3) Materials used in repair, construction, 

renovation or remodeling; or 

(a) To the extent that coverage is (4) Maintenance; 

provided under the Additional of part or all of any property on or off the 

Coverage, Collapse; or described premises. 

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4. Special Exclusions 

The following provisions apply only to the 

specified Coverage Forms: 

a. Business Income (And Extra Expense) 

Coverage Form, Business Income 

(Without Extra Expense) Coverage Form, 

Or Extra Expense Coverage Form 

We will not pay for: 

(1) Any loss caused by or resulting from: 

(a) Damage or destruction of "finished 

stock; or 

(b) The time required to reproduce 

"finished stock. 

This exclusion does not apply to Extra 

Expense. 

(2) Any loss caused by or resulting from 

direct physical loss or damage to radio 

or television antennas (including satellite 

dishes) and their lead-in wiring, masts or 

towers. 

(3) Any increase of loss caused by or 

resulting from: 

(a) Delay in rebuilding, repairing or 

replacing the property or resuming 

"operations, due to interference at 

the location of the rebuilding, repair 

or replacement by strikers or other 

persons; or 

(b) Suspension, lapse or cancellation of 

any license, lease or contract. But if 

the suspension, lapse or cancellation 

is directly caused by the 

"suspension" of "operations, we will 

cover such loss that affects your 

Business Income during the "period 

of restoration" and any extension of 

the "period of restoration" in 

accordance with the terms of the 

Extended Business Income 

Additional Coverage and the 

Extended Period Of Indemnity 

Optional Coverage or any variation 

of these. 

(4) Any Extra Expense caused by or 

resulting from suspension, lapse or 

cancellation of any license, lease or 

contract beyond the "period of 

restoration. 

(5) Any other consequential loss. 

b. Leasehold Interest Coverage Form 

(1) Paragraph B.1.a., Ordinance Or Law, 

does not apply to insurance under this 

Coverage Form. 

(2) We will not pay for any loss caused by: 

(a) Your cancelling the lease; 

(b) The suspension, lapse or 

cancellation of any license; or 

(c) Any other consequential loss. 

c. Legal Liability Coverage Form 

(1) The following exclusions do not apply to 

insurance under this Coverage Form: 

(a) Paragraph B.1.a. Ordinance Or Law; 

(b) Paragraph B.1.c. Governmental 

Action; 

(c) Paragraph B.1.d. Nuclear Hazard; 

(d) Paragraph B.1.e. Utility Services; 

and 

(e) Paragraph B.1.f. War And Military 

Action. 

(2) The following additional exclusions apply 

to insurance under this Coverage Form: 

(a) Contractual Liability 

We will not defend any claim or 

"suit, or pay damages that you are 

legally liable to pay, solely by reason 

of your assumption of liability in a 

contract or agreement. But this 

exclusion does not apply to a written 

lease agreement in which you have 

assumed liability for building damage 

resulting from an actual or attempted 

burglary or robbery, provided that: 

(i) Your assumption of liability was 

executed prior to the accident; 

and 

(ii) The building is Covered Property 

under this Coverage Form. 

(b) Nuclear Hazard 

We will not defend any claim or 

"suit, or pay any damages, loss, 

expense or obligation, resulting from 

nuclear reaction or radiation, or 

radioactive contamination, however 

caused. 

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5. Additional Exclusion 

The following provisions apply only to the 

specified property: 

Loss Or Damage To Products 

We will not pay for loss or damage to any 

merchandise, goods or other product caused 

by or resulting from error or omission by any 

person or entity (including those having 

possession under an arrangement where work 

or a portion of the work is outsourced) in any 

stage of the development, production or use of 

the product, including planning, testing, 

processing, packaging, installation, 

maintenance or repair. This exclusion applies 

to any effect that compromises the form, 

substance or quality of the product. But if such 

error or omission results in a Covered Cause of 

Loss, we will pay for the loss or damage 

caused by that Covered Cause of Loss. 

C. Limitations 

The following limitations apply to all policy forms 

and endorsements, unless otherwise stated: 

1. We will not pay for loss of or damage to 

property, as described and limited in this 

section. In addition, we will not pay for any loss 

that is a consequence of loss or damage as 

described and limited in this section. 

a. Steam boilers, steam pipes, steam engines 

or steam turbines caused by or resulting 

from any condition or event inside such 

equipment. But we will pay for loss of or 

damage to such equipment caused by or 

resulting from an explosion of gases or fuel 

within the furnace of any fired vessel or 

within the flues or passages through which 

the gases of combustion pass. 

b. Hot water boilers or other water heating 

equipment caused by or resulting from any 

condition or event inside such boilers or 

equipment, other than an explosion. 

d. Building materials and supplies not 

attached as part of the building or structure, 

caused by or resulting from theft. 

However, this limitation does not apply to: 

(1) Building materials and supplies held for 

sale by you, unless they are insured 

under the Builders Risk Coverage Form; 

or 

(2) Business Income Coverage or Extra 

Expense Coverage. 

e. Property that is missing, where the only 

evidence of the loss or damage is a 

shortage disclosed on taking inventory, or 

other instances where there is no physical 

evidence to show what happened to the 

property. 

f. Property that has been transferred to a 

person or to a place outside the described 

premises on the basis of unauthorized 

instructions. 

g. Lawns, trees, shrubs or plants which are 

part of a vegetated roof, caused by or 

resulting from: 

(1) Dampness or dryness of atmosphere or 

of soil supporting the vegetation; 

(2) Changes in or extremes of temperature; 

(3) Disease; 

(4) Frost or hail; or 

(5) Rain, snow, ice or sleet. 

2. We will not pay for loss of or damage to the 

following types of property unless caused by 

the "specified causes of loss" or building glass 

breakage: 

a. Animals, and then only if they are killed or 

their destruction is made necessary. 

b. Fragile articles such as statuary, marbles, 

chinaware and porcelains, if broken. This 

restriction does not apply to: 

c. The interior of any building or structure, or (1) Glass; or 

to personal property in the building or (2) Containers of property held for sale. structure, caused by or resulting from rain, 

snow, sleet, ice, sand or dust, whether c. Builders machinery, tools and equipment 

driven by wind or not, unless: owned by you or entrusted to you, provided 

(1) The building or structure first sustains such property is Covered Property. 

damage by a Covered Cause of Loss to However, this limitation does not apply: 

its roof or walls through which the rain, (1) If the property is located on or within 

snow, sleet, ice, sand or dust enters; or 100 feet of the described premises, 

(2) The loss or damage is caused by or unless the premises is insured under the 

results from thawing of snow, sleet or Builders Risk Coverage Form; or 

ice on the building or structure. (2) To Business Income Coverage or to 

Extra Expense Coverage. 

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3. The special limit shown for each category, a. 

through d., is the total limit for loss of or 

damage to all property in that category. The 

special limit applies to any one occurrence of 

theft, regardless of the types or number of 

articles that are lost or damaged in that 

occurrence. The special limits are (unless a 

higher limit is shown in the Declarations): 

a. $2,500 for furs, fur garments and garments 

trimmed with fur. 

b. $2,500 for jewelry, watches, watch 

movements, jewels, pearls, precious and 

semiprecious stones, bullion, gold, silver, 

platinum and other precious alloys or 

metals. This limit does not apply to jewelry 

and watches worth $100 or less per item. 

c. $2,500 for patterns, dies, molds and forms. 

d. $250 for stamps, tickets, including lottery 

tickets held for sale, and letters of credit. 

These special limits are part of, not in addition 

to, the Limit of Insurance applicable to the 

Covered Property. 

This limitation, C.3., does not apply to 

Business Income Coverage or to Extra 

Expense Coverage. 

4. We will not pay the cost to repair any defect to 

a system or appliance from which water, other 

liquid, powder or molten material escapes. But 

we will pay the cost to repair or replace 

damaged parts of fire-extinguishing equipment 

if the damage: 

a. Results in discharge of any substance from 

an automatic fire protection system; or 

b. Is directly caused by freezing. 

However, this limitation does not apply to 

Business Income Coverage or to Extra 

Expense Coverage. 

D. Additional Coverage - Collapse 

The coverage provided under this Additional 

Coverage, Collapse, applies only to an abrupt 

collapse as described and limited in D.1. through 

D.7. 

1. For the purpose of this Additional Coverage, 

Collapse, abrupt collapse means an abrupt 

falling down or caving in of a building or any 

part of a building with the result that the 

building or part of the building cannot be 

occupied for its intended purpose. 

2. We will pay for direct physical loss or damage 

to Covered Property, caused by abrupt 

collapse of a building or any part of a building 

that is insured under this Coverage Form or 

that contains Covered Property insured under 

this Coverage Form, if such collapse is caused 

by one or more of the following: 

a. Building decay that is hidden from view, 

unless the presence of such decay is 

known to an insured prior to collapse; 

b. Insect or vermin damage that is hidden 

from view, unless the presence of such 

damage is known to an insured prior to 

collapse; 

c. Use of defective material or methods in 

construction, remodeling or renovation if the 

abrupt collapse occurs during the course of 

the construction, remodeling or renovation. 

d. Use of defective material or methods in 

construction, remodeling or renovation if the 

abrupt collapse occurs after the 

construction, remodeling or renovation is 

complete, but only if the collapse is caused 

in part by: 

(1) A cause of loss listed in 2.a. or 2.b.; 

(2) One or more of the "specified causes of 

loss; 

(3) Breakage of building glass; 

(4) Weight of people or personal property; 

or 

(5) Weight of rain that collects on a roof. 

3. This Additional Coverage - Collapse does 

not apply to: 

a. A building or any part of a building that is in 

danger of falling down or caving in; 

b. A part of a building that is standing, even if 

it has separated from another part of the 

building; or 

c. A building that is standing or any part of a 

building that is standing, even if it shows 

evidence of cracking, bulging, sagging, 

bending, leaning, settling, shrinkage or 

expansion. 

4. With respect to the following property: 

a. Outdoor radio or television antennas 

(including satellite dishes) and their lead-in 

wiring, masts or towers; 

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b. Awnings, gutters and downspouts; E. Additional Coverage - Limited Coverage For 

c. Yard fixtures; "Fungus", Wet Rot, Dry Rot And Bacteria 

d. Outdoor swimming pools; 1. The coverage described in E.2. and E.6. only 

applies when the "fungus, wet or dry rot or 

e. Fences; bacteria are the result of one or more of the 

f. Piers, wharves and docks; following causes that occur during the policy 

g. Beach or diving platforms or period and only if all reasonable means were 

used to save and preserve the property from appurtenances; further damage at the time of and after that 

h. Retaining walls; and occurrence: 

i. Walks, roadways and other paved surfaces; 

if an abrupt collapse is caused by a cause of 

loss listed in 2.a. through 2.d., we will pay for 

loss or damage to that property only if: 

(1) Such loss or damage is a direct result of 

the abrupt collapse of a building insured 

under this Coverage Form; and 

(2) The property is Covered Property under 

this Coverage Form. 

5. If personal property abruptly falls down or 

caves in and such collapse is not the result of 

abrupt collapse of a building, we will pay for 

loss or damage to Covered Property caused by 

such collapse of personal property only if: 

a. The collapse of personal property was 

caused by a cause of loss listed in 2.a. 

through 2.d.; 

b. The personal property which collapses is 

inside a building; and 

c. The property which collapses is not of a 

kind listed in 4., regardless of whether that 

kind of property is considered to be 

personal property or real property. 

The coverage stated in this Paragraph 5. does 

not apply to personal property if marring and/or 

scratching is the only damage to that personal 

property caused by the collapse. 

6. This Additional Coverage, Collapse, does not 

apply to personal property that has not abruptly 

fallen down or caved in, even if the personal 

property shows evidence of cracking, bulging, 

sagging, bending, leaning, settling, shrinkage 

or expansion. 

7. This Additional Coverage, Collapse, will not 

increase the Limits of Insurance provided in 

this Coverage Part. 

8. The term Covered Cause of Loss includes the 

Additional Coverage, Collapse, as described 

and limited in D.1. through D.7. 

a. A "specified cause of loss" other than fire or 

lightning; or 

b. Flood, if the Flood Coverage Endorsement 

applies to the affected premises. 

This Additional Coverage does not apply to 

lawns, trees, shrubs or plants which are part of 

a vegetated roof. 

2. We will pay for loss or damage by "fungus, 

wet or dry rot or bacteria. As used in this 

Limited Coverage, the term loss or damage 

means: 

a. Direct physical loss or damage to Covered 

Property caused by "fungus, wet or dry rot 

or bacteria, including the cost of removal of 

the "fungus, wet or dry rot or bacteria; 

b. The cost to tear out and replace any part of 

the building or other property as needed to 

gain access to the "fungus, wet or dry rot 

or bacteria; and 

c. The cost of testing performed after removal, 

repair, replacement or restoration of the 

damaged property is completed, provided 

there is a reason to believe that "fungus, 

wet or dry rot or bacteria are present. 

The coverage described under E.2. of this 

Limited Coverage is limited to $15,000. 

Regardless of the number of claims, this limit is 

the most we will pay for the total of all loss or 

damage arising out of all occurrences of 

"specified causes of loss" (other than fire or 

lightning) and Flood which take place in a 

12-month period (starting with the beginning of 

the present annual policy period). With respect 

to a particular occurrence of loss which results 

in "fungus, wet or dry rot or bacteria, we will 

not pay more than a total of $15,000 even if the 

"fungus, wet or dry rot or bacteria continue to 

be present or active, or recur, in a later policy 

period. 

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4. The coverage provided under this Limited 

Coverage does not increase the applicable 

Limit of Insurance on any Covered Property. If 

a particular occurrence results in loss or 

damage by "fungus, wet or dry rot or bacteria, 

and other loss or damage, we will not pay 

more, for the total of all loss or damage, than 

the applicable Limit of Insurance on the 

affected Covered Property. 

If there is covered loss or damage to Covered 

Property, not caused by "fungus, wet or dry 

rot or bacteria, loss payment will not be limited 

by the terms of this Limited Coverage, except 

to the extent that "fungus, wet or dry rot or 

bacteria cause an increase in the loss. Any 

such increase in the loss will be subject to the 

terms of this Limited Coverage. 

5. The terms of this Limited Coverage do not 

increase or reduce the coverage provided 

under Paragraph F.2. (Water Damage, Other 

Liquids, Powder Or Molten Material Damage) 

of this Causes Of Loss form or under the 

Additional Coverage, Collapse. 

6. The following, 6.a. or 6.b., applies only if 

Business Income and/or Extra Expense 

Coverage applies to the described premises 

and only if the "suspension" of "operations" 

satisfies all terms and conditions of the 

applicable Business Income and/or Extra 

Expense Coverage Form: 

a. If the loss which resulted in "fungus, wet or 

dry rot or bacteria does not in itself 

necessitate a "suspension" of "operations, 

but such "suspension" is necessary due to 

loss or damage to property caused by 

"fungus, wet or dry rot or bacteria, then our 

payment under Business Income and/or 

Extra Expense is limited to the amount of 

loss and/or expense sustained in a period 

of not more than 30 days. The days need 

not be consecutive. 

b. If a covered "suspension" of "operations" 

was caused by loss or damage other than 

"fungus, wet or dry rot or bacteria but 

remediation of "fungus, wet or dry rot or 

bacteria prolongs the "period of restoration, 

we will pay for loss and/or expense 

sustained during the delay (regardless of 

when such a delay occurs during the 

"period of restoration), but such coverage 

is limited to 30 days. The days need not be 

consecutive. 

F. Additional Coverage Extensions 

1. Property In Transit 

This Extension applies only to your personal 

property to which this form applies. 

a. You may extend the insurance provided by 

this Coverage Part to apply to your 

personal property (other than property in 

the care, custody or control of your 

salespersons) in transit more than 100 feet 

from the described premises. Property must 

be in or on a motor vehicle you own, lease 

or operate while between points in the 

coverage territory. 

b. Loss or damage must be caused by or 

result from one of the following causes of 

loss: 

(1) Fire, lightning, explosion, windstorm or 

hail, riot or civil commotion, or 

vandalism. 

(2) Vehicle collision, upset or overturn. 

Collision means accidental contact of 

your vehicle with another vehicle or 

object. It does not mean your vehicles 

contact with the roadbed. 

(3) Theft of an entire bale, case or package 

by forced entry into a securely locked 

body or compartment of the vehicle. 

There must be visible marks of the 

forced entry. 

c. The most we will pay for loss or damage 

under this Extension is $5,000. 

This Coverage Extension is additional 

insurance. The Additional Condition, 

Coinsurance, does not apply to this Extension. 

2. Water Damage, Other Liquids, Powder Or 

Molten Material Damage 

If loss or damage caused by or resulting from 

covered water or other liquid, powder or molten 

material damage loss occurs, we will also pay 

the cost to tear out and replace any part of the 

building or structure to repair damage to the 

system or appliance from which the water or 

other substance escapes. This Coverage 

Extension does not increase the Limit of 

Insurance. 

3. Glass 

a. We will pay for expenses incurred to put up 

temporary plates or board up openings if 

repair or replacement of damaged glass is 

delayed. 

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c. Water damage means 

(1) Accidental discharge or leakage of water 

or steam as the direct result of the 

breaking apart or cracking of a 

plumbing, heating, air conditioning or 

other system or appliance (other than a 

sump system including its related 

equipment and parts), that is located on 

the described premises and contains 

water or steam; and 

(2) Accidental discharge or leakage of water 

or waterborne material as the direct 

result of the breaking apart or cracking 

of a water or sewer pipe that is located 

off the described premises and is part of 

a municipal potable water supply system 

or municipal sanitary sewer system, if 

the breakage or cracking is caused by 

wear and tear. 

But water damage does not include loss or 

damage otherwise excluded under the 

terms of the Water Exclusion. Therefore, for 

example, there is no coverage under this 

policy in the situation in which discharge or 

leakage of water results from the breaking 

apart or cracking of a pipe which was 

caused by or related to weather-induced 

flooding, even if wear and tear 

contributed to the breakage or cracking. As 

another example, and also in accordance 

with the terms of the Water Exclusion, there 

is no coverage for loss or damage caused 

by or related to weather-induced flooding 

which follows or is exacerbated by pipe 

breakage or cracking attributable to wear 

and tear. 

To the extent that accidental discharge or 

leakage of water falls within the criteria set 

forth in c.(1) or c.(2) of this definition of 

"specified causes of loss," such water is not 

subject to the provisions of the Water 

Exclusion which preclude coverage for 

surface water or water under the surface of 

the ground. 

b. We will pay for expenses incurred to 

remove or replace obstructions when 

repairing or replacing glass that is part of a 

building. This does not include removing or 

replacing window displays. 

This Coverage Extension F.3. does not 

increase the Limit of Insurance. 

G. Definitions 

"Fungus" means any type or form of fungus, 

including mold or mildew, and any mycotoxins, 

spores, scents or by-products produced or 

released by fungi. 

"Specified causes of loss" means the following: 

fire; lightning; explosion; windstorm or hail; 

smoke; aircraft or vehicles; riot or civil 

commotion; vandalism; leakage from 

fire-extinguishing equipment; sinkhole collapse; 

volcanic action; falling objects; weight of snow, 

ice or sleet; water damage. 

a. Sinkhole collapse means the sudden 

sinking or collapse of land into underground 

empty spaces created by the action of 

water on limestone or dolomite. This cause 

of loss does not include: 

(1) The cost of filling sinkholes; or 

(2) Sinking or collapse of land into 

man-made underground cavities. 

b. Falling objects does not include loss or 

damage to: 

(1) Personal property in the open; or 

(2) The interior of a building or structure, or 

property inside a building or structure, 

unless the roof or an outside wall of the 

building or structure is first damaged by 

a falling object. 

Page lOoflO © Insurance Services Office, Inc., 2011 CP10301012 

Case 1:20-cv-22055-CMA Document 1-2 Entered on FLSD Docket 05/15/2020 Page 96 of 104
EXHIBIT B 

Case 1:20-cv-22055-CMA Document 1-2 Entered on FLSD Docket 05/15/2020 Page 97 of 104
March 23, 2020 

VIA ELECTRONIC MAIL: 

Property. claims(aspenspecialty.com 

Aspen Specialty Insurance Company 

do Aspen Specialty Insurance Management Company 

Claims Department 

125 Summer Street 

Boston, MA 02110 

Re: NOTICE OF CLAIM 

Cafe La Trova LLC I Insurance Policy No. AB7812920 

To Whom it May Concern: 

This law firm represents Café La Trova LLC ("Café La Trova") in connection with this 

matter. Please direct all future communications concerning this matter to the attention of the 

undersigned. 

Café La Trova is a restaurant located at 971 SW 81h Street, Miami, FL 33130 (the 

"Property"). Commencing on or about March 15, 2020, Café La Trova was subject to a business 

interruption, loss of service, and loss of use of the Property as a result of the Coronavirus (COVID19). Further, the City of Miami issued an order mandating that all Dine-in Restaurants and Bars 

(which includes Café La Trova) be closed effective as of March 17, 2020 at 11:59pm, and on or 

about March 19, 2019, Miami-Dade County issued a similar order (attached hereto). As a direct 

and proximate result of the foregoing, Café La Trova has lost complete use of the Property and 

will continue to do so for the foreseeable future. 

Accordingly, Café La Trova hereby provides notice of a claim under all applicable 

provisions of the Aspen Specialty Insurance Company Insurance Policy No. AB7812920 (the 

"Policy"), as it relates to, inter a/ia, our loss of use of the Property, business interruption, property 

damage, loss of income, loss of perishable goods, and service interruption. 

We look forward to working with you to amicably and expeditiously resolve this claim. If 

you require any additional information or wish to discuss this matter further, please do not hesitate 

to contact my office. 

Case 1:20-cv-22055-CMA Document 1-2 Entered on FLSD Docket 05/15/2020 Page 98 of 104
Aspen Specialty Insurance Company 

March 23, 2020 

Page 2 

This letter expressly reserves and does not waive all of Café La Trova's rights and 

positions without limitation. 

Very truly yours, 

/5/ Mason Pertnoy 

MASON A. PERTNOY 

CC: 

Mr. Brian Traino 

Risk Strategies Company 

3250 N 29th Ave 

Hollywood, FL 33020 

btraino(risk-strateqies.com 

Nancy Howze 

Risk Strategies Company 

3250 N 291h Ave 

Hollywood, FL 33020 

nhowze(risk-strateqies. com 

SoLowsKY & ALLEN, P.L. 

Case 1:20-cv-22055-CMA Document 1-2 Entered on FLSD Docket 05/15/2020 Page 99 of 104
MIAM 

ITi 

MIAMI-DADE COUNTY EMERGENCY ORDER 07-20 

WHEREAS, Section 252.38(3)(a), Florida Statutes, gives political subdivisions the authority to 

declare and enact a State of Local Emergency for a period of up to seven days, thereby waiving 

the procedures and formalities otherwise required of the political subdivision by law; and 

WHEREAS, on March 1, 2020, the Governor of Florida issued Executive Order Number 20-51, 

directing the State Health Officer and Surgeon General to declare a Public Health Emergency due 

to the discovery of COVID- 19/novel Coronavirus in Florida; and 

WHEREAS, on March 9, 2020, the Governor of Florida issued Executive Order Number 20-52, 

declaring a State of Emergency for the state of Florida related to C OVID- 19/novel Coronavirus; 

and 

WHEREAS, on March 12, 2020, the County Mayor declared a State of Emergency for all of 

Miami-Dade County; and 

WHEREAS, COVID-19/novel Coronavirus poses a health risk to Miami-Dade County residents, 

particularly elderly residents and those who are immunosuppressed or otherwise have high-risk 

medical conditions; and 

WHEREAS, minimization of contact is necessary to avoid risk of COVID-19 infection for the 

residents of the County; and 

WHEREAS, the Centers for Disease Control (CDC) has issued guidance entitled "15 Days to Slow 

the Spread," encouraging social distancing and maintaining a 6 foot separation between residents 

to slow the spread of infection and that events with more than ten attendees either be cancelled or 

held virtually; and 

WHEREAS, the CDC guidelines are based upon the amount of community spread within a 

community and become more stringent where there is minimal to moderate or substantial 

community spread; and 

WHEREAS, section 8B-7(2)(f) of the Code authorizes the County Mayor to order the closure of 

any commercial establishment; and 

Page 1 of 5 

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Miami-Dade County Declaration of Local State of Emergency 

WHEREAS, sections 8B-7(2)(e) and (o) of the Code authorize the County Mayor to limit the 

movement of persons inside Miami-Dade County in order to safeguard life and health, 

THEREFORE, as County Mayor of Miami-Dade County, I hereby order: 

All non-essential retail and commercial establishments are ordered closed. 

2. Essential retail and commercial businesses, which may remain open, are: 

a. Healthcare providers, including, but not limited to, hospitals, doctors' and dentists' 

offices, urgent care centers, clinics, rehabilitation facilities, physical therapists, mental health 

professionals, psychiatrists, therapists, and pharmacies; 

b. Grocery stores, farmers' markets, farm and produce stands, supermarkets, food 

banks, convenience stores, and other establishments engaged in the retail sale of canned food, dry 

goods, fresh fruits and vegetables, pet supply, fresh meats, fish, and poultry, and any other 

household consumer products (such as cleaning and personal care products). This authorization 

includes stores that sell groceries and also sell other non-grocery products, and products necessary 

to maintaining the safety, sanitation, and essential operations of residences; 

C. Food cultivation, including farming, livestock, and fishing; 

d. Businesses that provide food, shelter, social services, and other necessities of life 

for economically disadvantaged or otherwise needy individuals; 

e. Newspapers, television, radio, and other media services; 

f. Gas stations and auto-supply, auto-repair, and related facilities; 

g. Banks and related financial institutions; 

h. Hardware stores; 

i. Contractors and other tradesmen, appliance repair personnel, exterminators, and 

other service providers who provide services that are necessary to maintaining the safety, 

sanitation, and essential operation of residences and other structures; 

Businesses providing mailing and shipping services, including post office boxes; 

k. Private colleges, trade schools, and technical colleges, but only as needed to 

facilitate online or distance learning; 

1. Laundromats, dry cleaners, and laundry service providers; 

in. Restaurants and other facilities that prepare and serve food, but subject to the 

limitations and requirements of Emergency Order 3-20. Schools and other entities that typically 

Page 2 of 5 

Case 1:20-cv-22055-CMA Document 1-2 Entered on FLSD Docket 05/15/2020 Page 101 of

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Miami-Dade County Declaration of Local State of Emergency 

provide free food services to students or members of the public may continue to do so on the 

condition that the food is provided to students or members of the public on a pick-up and takeaway 

basis only. Schools and other entities that provide food services under this exemption shall not 

permit the food to be eaten at the site where it is provided, or at any other gathering site; 

n. Businesses that supply office products needed for people to work from home; 

o. Businesses that supply other essential businesses with the support or supplies 

necessary to operate, and which do not interact with the general public; 

P. Businesses that ship or deliver groceries, food, goods, or services directly to 

residences; 

q. Airlines, taxis, and other private transportation providers providing transportation 

services via automobile, truck, bus, or train; 

r. Home-based care for seniors, adults, or children; 

S. Assisted living facilities, nursing homes, and adult day care centers, and senior 

residential facilities; 

t. Professional services, such as legal or accounting services, when necessary to 

assist in compliance with legally mandated activities; 

U. Landscape and pool care businesses, including residential landscape and pool care 

services; 

V. Childcare facilities providing services that enable employees exempted in this 

Order to work as permitted. To the extent possible, childcare facilities should operate under the 

following mandatory conditions: 

1. Childcare must be carried out in stable groups of 10 or fewer (inclusive of 

childcare providers for the group). 

2. Children and child care providers shall not change from one group to another. 

3. If more than one group of children is cared for at one facility, each group shall 

be in a separate room. Groups shall not mix or interact with each other. 

W. Businesses operating at any airport, seaport, or other government facility, including 

parks and government offices; 

X. Pet supply stores; 

Y. Logistics providers, including warehouses, trucking, consolidators, fumigators, and 

handlers; 

Z. Telecommunications providers, including sales of computer or telecommunications 

devices and the provision of home telecommunications; 

Page 3 of 5 

Case 1:20-cv-22055-CMA Document 1-2 Entered on FLSD Docket 05/15/2020 Page 102 of

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Miami-Dade County Declaration of Local State of Emergency 

aa. Provision of propane or natural gas; 

bb. Office space and administrative support necessary to perform any of the abovelisted activities; 

CC. Open construction sites, irrespective of the type of building; 

dd. Architectural, engineering, or land surveying services; 

ee. Factories, manufacturing facilities, bottling plants, or other industrial uses; 

if. Waste management services, including collection and disposal of waste; and 

gg. Any business that is interacting with customers solely through electronic or 

telephonic means, and delivering products via mailing, shipping, or delivery services 

3. This order does not affect or limit the operations of Miami-Dade County, any public utility, 

any municipality, the Miami-Dade County School District, or any State or Federal office or 

facility, except that such entities shall abide by the restrictions of any County, Municipal, State or 

Federal emergency order, as applicable. 

4. This order does not limit the number of persons who may be physically present performing 

services at any location where an essential business is being conducted except as expressly set 

forth herein or otherwise governed by any State or Federal order or regulation. Employers and 

employees are urged, but are not required, to practice social distancing, such as keeping six feet 

between persons and limiting group size to less than ten people. 

5. This order does not limit the number of persons who may be physically present at any 

religious service. Persons attending religious services are urged, but are not required, to practice 

social distancing, such as keeping six feet between persons and limiting group size to less than ten 

people. 

6. The County Mayor may amend the provisions of paragraph 2, 3, and 4 by written notice to 

the County Clerk. 

7. The provisions of this order shall serve as minimum standards. Municipalities may impose 

more stringent standards within their jurisdictions. 

8. This order shall expire upon the expiration of the existing Miami-Dade County State of 

Local Emergency, except that if such State of Local Emergency is extended, this order shall also 

be deemed to extend for the duration of such extension. This order may be cancelled earlier by 

action of the County Mayor. 

9. This order shall be effective as of 9:00 p.m., March 19, 2020. 

Page 4 of 5 

Case 1:20-cv-22055-CMA Document 1-2 Entered on FLSD Docket 05/15/2020 Page 103 of

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Miami-Dade County Declaration of Local State of Emergency 

9. This order shall be effective as of 9:00 p.m., March 19, 2020. 

10. This order shall be provided to all appropriate media consistent with the requirements of 

section 8B-7(2)(n) of the Code of Miami-Dade County. 

Enacted: 

Signed:_ 

0 E Mr, ON- 0~

Witness: 

Cancelled: 

Signed: 

COUNTY MAYOR 

Date: Time:: 

Witness: 

Page 5 of 5 

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