Unique Code : CAA-FAD-BCAHD-BAJBHDJIH-ICHBE-A Page 1 of 2

Digitally signed by The Honorable Gwen Marshall

Date: 2020.07.29 19:44:38 -04:00

Leon County Clerk of the Circuit Court and

Comptroller

Location: 301 S. Monroe Street, #100, Tallahassee,

Case 4:20-cv-00398-MW-MAF Document 1-3 Filed 08/07/20 Page 1 of 147
Unique Code : CAA-FAD-BCAHD-BAJBHDJIH-ICHBE-A Page 2 of 2

Case 4:20-cv-00398-MW-MAF Document 1-3 Filed 08/07/20 Page 2 of 147
*20-000198570*

*20-000198570*

RAD

cc to:

MAX M. MESSINGER

ATTORNEY

KANNER & PINTALUGA

925 S. FEDERAL HIGHWAY, 6TH FLOOR

BOCA RATON, FL 33432

HARI OM HARI INC. DBA LA CASA INN &

SUITES

CASE #: 2020 CA 001306

COURT: CIRCUIT COURT

COUNTY: LEON

PLAINTIFF(S) DFS-SOP #: 20-000198570

VS.

MT HAWLEY INSURANCE COMPANY

DEFENDANT(S)

_______________________________________/

SUMMONS, COMPLAINT, DISCOVERY

 

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 Friday, July

17, 2020 and a copy was forwarded by ELECTRONIC DELIVERY on Monday, July 20, 2020 to the

designated agent for the named entity as shown below.

 MT HAWLEY INSURANCE COMPANY

 JEFFREY D. FICK

 9025 N. LINDBERGH DRIVE

 PEORIA, IL 61615

*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

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 4:20-cv-00398-MW-MAF Document 1-3 Filed 08/07/20 Page 3 of 147
RECEIVED AS STATUTORY REGISTERED AGENT

on 17 July, 2020 and served on defendant or named party on 20 July, 2020

by the Florida Department of Financial Services

Case 4:20-cv-00398-MW-MAF Document 1-3 Filed 08/07/20 Page 4 of 147
Case 4:20-cv-00398-MW-MAF Document 1-3 Filed 08/07/20 Page 5 of 147
Case 4:20-cv-00398-MW-MAF Document 1-3 Filed 08/07/20 Page 6 of 147
Page 1 of 4

IN THE CIRCUIT COURT OF THE 2

nd

JUDICIAL CIRCUIT IN AND FOR 

LEON COUNTY, FLORIDA

HARI OM HARI, INC. DBA LA CASA

INN & SUITES, CASE NO.: 

Plaintiff,

v.

MT HAWLEY INSURANCE COMPANY, 

Defendant.

__________________________________/

PLAINTIFF’S COMPLAINT FOR BREACH OF CONTRACT & 

DEMAND FOR JURY TRIAL

COMES NOW, Plaintiff, HARI OM HARI, INC. DBA LA CASA INN & SUITES,

through the undersigned counsel, and hereby files this Complaint against Defendant, MT 

HAWLEY INSURANCE COMPANY, and as grounds therefore states as follows:

1. This is an action for damages in excess of THIRTY THOUSAND DOLLARS

($30,000.00), exclusive of interest, attorneys’ fees and costs, and is otherwise within the 

jurisdictional limits of this Court.

2. At all times material hereto, Defendant was an insurance company authorized to do

business in the State of Florida and doing business in Leon County, Florida.

3. At all times material hereto, the damaged property is located in Leon County,

Florida.

4. Prior to Hurricane Michael, Plaintiff sought and purchased homeowner’s insurance

from Defendant to cover the property located at 2801 N. Monroe Street, Tallahassee, FL 32303

(hereinafter “Insured Property”). Said policy of insurance, which is believed to be policy number 

MPC0601153, was issued by Defendant to Plaintiff to provide property insurance coverage for the 

Insured Property. See Exhibit A.

Filing # 110273533 E-Filed 07/15/2020 12:28:53 PM Case 4:20-cv-00398-MW-MAF Document 1-3 Filed 08/07/20 Page 7 of 147
Page 2 of 4

5. The Plaintiff has paid the premiums for the Contract prior to October 10, 2018.

6. The Insured Property sustained direct physical damage as a result of Hurricane 

Michael. 

7. The Contract was in full force and effect as of October 10, 2018.

8. Defendant received timely notice of the loss.

9. Defendant assigned the loss reported by Plaintiff a claim number believed to be

00461933.

10. Defendant and its agents requested and were given access and the opportunity to 

inspect the Insured Property and the reported damage arising from the loss.

11. Defendant has failed to issue any payments for the damages to Plaintiff’s property. 

12. This is an action relating to Defendant’s breach of contract for its failure to properly 

pay the full amount of insurance proceeds owed to Plaintiff. 

13. Jurisdiction and venue of this matter are proper in the Circuit Court for Leon

County, Florida.

COUNT I – BREACH OF CONTRACT

14. Plaintiff realleges and reincorporates paragraphs 1-14 as if fully stated herein, and 

further alleges as follows:

15. During the above Contract period the insured property sustained direct physical 

damages as a result of Hurricane Michael.

16. The Plaintiff provided timely notice of the loss above to the Defendant.

17. The Plaintiff has complied with all obligations and conditions precedent to this 

lawsuit and which would entitle Plaintiff to recover benefits under the Contract, or such conditions 

have been waived.

Case 4:20-cv-00398-MW-MAF Document 1-3 Filed 08/07/20 Page 8 of 147
Page 3 of 4

18. The Defendant has failed to provide complete coverage for the physical damages 

that occurred during the Contract period.

19. This failure is contrary to the terms of the Contract and constitutes a breach of the 

Contract.

20. The Plaintiff has been damaged by this breach in the form of unpaid insurance 

proceeds needed to restore the property to its pre-loss condition as a result of the Defendant 

refusing to pay the full amount owed under the Contract.

21. As a direct and proximate result of Defendant’s breach of contract, the Plaintiff has

been required to retain the services of the undersigned attorneys to represent and protect the 

interests of the Plaintiff and the Plaintiff has become obligated to pay them a reasonable fee for 

their services in bringing this action.

22. In the event that the Plaintiff prevails in this action, Plaintiff is entitled to an award 

of attorneys’ fees and costs pursuant to section 627.428, 626.9373 and 57.041, Florida Statutes 

and/or other Florida Law.

WHEREFORE, the Plaintiff demands judgment against Defendant for damages, including 

but not limited to damages owed under the Contract, attorneys’ fees and costs, and the Plaintiff 

demands trial by jury of all issues so triable.

DEMAND FOR JURY TRIAL

The Plaintiff further demand a trial by jury of all issues so triable as a matter of right.

Certificate of Service on the following page

Case 4:20-cv-00398-MW-MAF Document 1-3 Filed 08/07/20 Page 9 of 147
Page 4 of 4

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a certified copy of the foregoing has been served on 

Defendant.

KANNER & PINTALUGA, P.A.

Attorneys for Plaintiffs

925 S. Federal Highway, Sixth Floor

Boca Raton, FL 33432

Phone: (561) 424-0032

Fax: (561) 853-2188

Court Phone Number: (1-888) 824-7834

Email: aaltman@kpattorney.com

salexandre@kpattorney.com

FirstPartyEService@kpattorney.com

By:_/s/ Alexis Altman .

MAX M. MESSINGER, ESQ.

Florida Bar No.: 69988

ALEXIS ALTMAN, ESQ.

Florida Bar No.: 0105040

Case 4:20-cv-00398-MW-MAF Document 1-3 Filed 08/07/20 Page 10 of 147
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Case 4:20-cv-00398-MW-MAF Document 1-3 Filed 08/07/20 Page 11 of 147 Exhibit "A"
CNYR4!MMMMMMMMMMMMMMMMMMMMM CNYR4!MMMMMMMMMMMMMMMMMMMMMM

5QQ]R^^4!MMMMMMMMMMMMMMMMMMM 5QQ]R^^4!MMMMMMMMMMMMMMMMMMMM

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James Compton Richard Cheng

302 Knights Run #1240 Brown Insurance Services

Tampa, FL 33602 1418 W 23rd Street

A052540 Panama City, FL 32405

Case 4:20-cv-00398-MW-MAF Document 1-3 Filed 08/07/20 Page 12 of 147
NOTICE TO OUR BROKERS AND AGENTS

OF OUR CLAIM NOTIFICATION PROCEDURE

As part of our continuing effort to provide you with the best service available, ALL

CLAIMS, OCCURRENCES, INCIDENTS and LAWSUITS under this policy are to be

reported immediately to:

RLI Insurance Company

Email (preferred): New.Claim@rlicorp.com

Fax: (866) 692-6796

Phone: (800) 444-0406

Street Address: 9025 N. Lindbergh Drive, Peoria, IL 61615

Mailing Address: P.O. Box 3961, Peoria, IL 61612-3961

RIL 2131C (08/12)

Policy Number:

When reporting the incident, be prepared to supply a report of claim or the following

information:

1. Policy Number

2. Contact Person information (name, address, phone, etc.)

3. Nature of incident

4. Date of incident

When reporting multiple incidents, please send each loss notice separately.

Case 4:20-cv-00398-MW-MAF Document 1-3 Filed 08/07/20 Page 13 of 147 MPC0601153
RIL 2133B (01/15) Page 1 of 1

IMPORTANT NOTICE TO POLICYHOLDERS

TERRORISM RISK INSURANCE ACT, AS AMENDED

Under the Terrorism Risk Insurance Act, as amended (the "Act"), we must make coverage for "certified

acts of terrorism" available in the policies we offer. We notified you at the time of offer and purchase

of the policy to which this Notice is attached that this coverage was available and we gave you the right

to reject our offer of such terrorism coverage. If you elected to purchase the coverage, the premium

charged for such coverage is shown on the Declarations page of the policy. If you elected to reject the

coverage we have not charged your policy for terrorism coverage and have attached a terrorism

exclusion to your policy.

PLEASE NOTE: IF YOU REJECTED THE OFFER OF FEDERAL TERRORISM INSURANCE

COVERAGE, THAT REJECTION DOES NOT APPLY TO THE LIMITED EXTENT THAT

RELEVANT STATE LAW REQUIRES COVERAGE FOR FIRE LOSSES RESULTING FROM

CERTIFIED ACTS OF TERRORISM UNDER THE ACT.

You should know that where coverage is provided by this policy for losses resulting from certified acts

of terrorism, such losses may be partially reimbursed by the United States government under a formula

established by federal law. Under this formula, the United States government generally reimburses 85%

through 2015; 84% beginning on January 1, 2016; 83% beginning on January 1, 2017; 82% beginning

January 1, 2018; 81% beginning January 1, 2019 and 80% beginning January 1, 2020 of covered

terrorism losses exceeding the statutorily established deductible paid by the insurance company

providing the coverage.

You should also know that the Act contains a $100 billion cap that limits U.S. Government

reimbursement as well as insurers' liability for losses resulting from certified acts of terrorism when the

amount of such losses in any one calendar year exceeds $100 billion. If the aggregate insured losses for

all insurers exceed $100 billion, your coverage may be reduced.

Specific coverage terms for terrorism, including limitations and exclusions, are more fully described in

endorsements attached to the policy. Your policy may contain an exclusion for losses that are not

eligible for federal reinsurance under the Act.

Definitions: "Certified act of terrorism," as defined in Section 102(1) of the Act, means an act that is certified by

the Secretary of the Treasury – in consultation with the Secretary of Homeland Security, and the

Attorney General of the United States – to be an act of terrorism; to be a violent act or an act that is

dangerous to human life, property, or infrastructure; to have resulted in damage within the United States,

or outside the United States in the case of certain air carriers or vessels or the premises of a United

States mission; and to have been committed by an individual or individuals as part of an effort to coerce

the civilian population of the United States or to influence the policy or affect the conduct of the United

States Government by coercion.

Insured

Case 4:20-cv-00398-MW-MAF Document 1-3 Filed 08/07/20 Page 14 of 147
This Policyholder Notice does not provide coverage nor can it be construed to replace any

provisions of your policy. Please read your policy carefully to determine your rights, duties, and

what is and what is not covered by your policy. This Notice should only be used to provide

information concerning the possible impact of your insurance coverage as it relates to directives

issued by OFAC.

PLEASE READ THIS NOTICE CAREFULLY.

OFAC administers and enforces economic and trade sanctions and places restrictions on certain

transactions. OFAC acts pursuant to Executive Orders of the President of the United States and

specific legislation. OFAC has identified and named numerous foreign agents, front

organizations, terrorists, terrorist organizations, and narcotics traffickers, among others, as

“Specially Designated Nationals and Blocked Persons.” The complete list can be found on the

United States Treasury website – http://www.treas.gov/ofac.

Various trade or economic sanctions and other laws or regulations prohibit us from providing

insurance in certain circumstances. In accordance with OFAC regulations, if it is determined that

you or any other insured, or any person or entity claiming the benefits of this insurance has

violated U.S. sanctions law or is a Specially Designated National and Blocked Person, as

identified by OFAC, this insurance contract is considered a blocked or frozen contract and will

be considered null and void. When an insurance policy is considered to be a blocked or frozen

contract, all provisions of this insurance will be immediately subject to OFAC, and neither

payments nor premium refunds may be made without authorization from OFAC. Other

limitations on the premiums and payments may also apply.

NOTICE TO POLICYHOLDERS

RLI Underwriting Services, Inc.

Peoria, Illinois 61615

Policy Number:

UW 20342C (03/12) Page 1 of 1

REGARDING THE UNITED STATES TREASURY DEPARTMENT – 

OFFICE OF FOREIGN ASSETS CONTROL (OFAC)

MPC0601153

Insured

Case 4:20-cv-00398-MW-MAF Document 1-3 Filed 08/07/20 Page 15 of 147
Policy Number:

FRPRC 100 (05/16) Page

FIRE DECLARATION PAGE

Mt. Hawley Insurance Company

Peoria, Illinois 61615, USA

Renaissance Re Syndicate 1458 Lloyd's

London, EC3M 7HA, United Kingdom

Named Insured and Mailing Address: Agent/Broker and Mailing Address:

Policy Period: From to at 12:01 A.M. Standard Time at your mailing address shown above.

Authorized Signature

Unique Market Reference (UMR):

B087518R06F5001

90% 10%

06/13/2018 06/13/2019

MPC0601153

Hari Om Hari, Inc.

dba: La Casa Inn & Suites

2801 N Monroe St

Tallahassee, FL 32303

AmWINS Brokerage of FL LLC

10201 Centurion Pkwy N

Suite 500

Jacksonville, FL 32256

PG 6/20/2018

1 of 1

Insured

DESCRIPTION OF PREMISES

Covered Locations Listed Below:

2801 N Monroe St, Tallahassee, FL 32303

CAUSES OF LOSS: Special excluding Earthquake and Flood

Total coverage (limit) applicable Limit $ 5,510,528

Limitation applying to the following:

Business Income (and Extra Expense) Monthly Limit of Indemnity 1/3

Extended Period of Indemnity

Refer to CPR 2162, Specified Limits Endorsement

At no time will we pay more than $ for a loss due to a single occurrence or event.

Per Occurrence Loss Limit

5,510,528

DEDUCTIBLE(S): Refer to CPR 2218, Declarations - Deductible Addendum

FORMS MADE A PART OF THIS POLICY AT TIME OF ISSUE: See CPR 2150, Applicable Forms & Endorsements

PCA Fees $ 150

Total Premium $ 16,532

Amount Payable At Inception $ 16,682

Pro Rata Shares Applicable to this Combination Policy: Mt. Hawley Insurance Company will be responsible for

______ of all losses under this policy and Renaissance Re Syndicate 1458 Lloyd's will be responsible for ______ of all

losses under this policy. Each of the Companies will be severally (but not jointly) liable solely for its own pro rata share.

90% 10%

Case 4:20-cv-00398-MW-MAF Document 1-3 Filed 08/07/20 Page 16 of 147
ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED. 

Policy Number:

CPR 2147 (02/04) Page

MPC0601153

1 of 1

Insured

DECLARATIONS - SUB-LIMIT ADDENDUM

The total Limit of Liability as shown in the Declarations is subject to the following sub-limit(s). The sub-limit(s) shown is a

limit or amount per occurrence, except for Earthquake and Flood where an annual aggregate applies. The sub-limit(s)

shown are included in and do not increase the Limit of Liability shown in the Declarations. We will not, in any case, exceed

this sub-limit(s) in one disaster, casualty or event, no matter how many locations are involved.

Coverage Part or Item: Sub-Limit

Demolition & Increased Cost of Construction (B&C) $250,000

Fire Department Service Charges $5,000

Property in Transit $25,000

Unnamed Locations $25,000

Case 4:20-cv-00398-MW-MAF Document 1-3 Filed 08/07/20 Page 17 of 147
DECLARATIONS - DEDUCTIBLE ADDENDUM

Policy Number:

CPR 2218 (11/04) Page 

ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED. 

The following deductible wording is in addition to all other deductible wording found elsewhere in this policy. All other

deductible wording found in and made a part of this policy also applies. Each claim for loss or damage will be adjusted

separately. 

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

MPC0601153

1 of 1

Insured

PERIL DEDUCTIBLE(S)

$5,000 Per Occurrence for All Covered Perils, except:

2.00% of the Total Insurable Values Per Building (including time element if applicable) at the time of loss or damage

subject to a minimum of $25,000 Per Occurrence for Named Storm

$25,000 Per Occurrence for Windstorm or Hail

Total Insurable Values is defined as the full value of covered property, including time element if applicable, subject to the

valuation terms and conditions of the policy. Total Insurable Values are calculated at the time of loss or damage.

Case 4:20-cv-00398-MW-MAF Document 1-3 Filed 08/07/20 Page 18 of 147
SPECIFIED LIMITS ENDORSEMENT

Policy Number:

Val.*

ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED. 

CPR 2162 (01/02) Page

 Limit of

Insurance

Prem./Loc.

No.

Bldg.

No.

 Type of Coverage Coins.

Percent

Description & Location

of Property Covered

* Valuation. Indicate: ACV (Actual Cash Value), ALS (Actual Loss Sustained), RCV (Replacement Cost Value),

SP (Selling Price) or SV (Stated Value).

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

MPC0601153

1 of 2

Insured

00001 001 $3,398,055 Building 80% RCV Built: 1985, Fire Resistive 

2801 N Monroe St 

Tallahassee, FL 32303 

Hotel 

00001 001 $300,000 Business Income 

(and Extra 

Expense)

N/A ALS Built: 1985, Fire Resistive 

2801 N Monroe St 

Tallahassee, FL 32303 

Hotel 

00001 001 $373,070 Business 

Personal 

Property

80% RCV Built: 1985, Fire Resistive 

2801 N Monroe St 

Tallahassee, FL 32303 

Hotel 

00001 001 $10,000 Light Poles N/A RCV Built: 1985, Fire Resistive 

2801 N Monroe St 

Tallahassee, FL 32303 

Hotel 

00001 001 $10,000 Outside Signs 80% RCV Built: 1985, Fire Resistive 

2801 N Monroe St 

Tallahassee, FL 32303 

Hotel 

00001 002 $1,157,100 Building 80% RCV Built: 1985, Fire Resistive 

2801 N Monroe St 

Tallahassee, FL 32303 

Hotel 

00001 002 $100,000 Business Income 

(and Extra 

Expense)

N/A ALS Built: 1985, Fire Resistive 

2801 N Monroe St 

Tallahassee, FL 32303 

Hotel 

00001 002 $122,303 Business 

Personal 

Property

80% RCV Built: 1985, Fire Resistive 

2801 N Monroe St 

Tallahassee, FL 32303 

Hotel 

Case 4:20-cv-00398-MW-MAF Document 1-3 Filed 08/07/20 Page 19 of 147
SPECIFIED LIMITS ENDORSEMENT

Policy Number:

Val.*

ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED. 

CPR 2162 (01/02) Page

 Limit of

Insurance

Prem./Loc.

No.

Bldg.

No.

 Type of Coverage Coins.

Percent

Description & Location

of Property Covered

* Valuation. Indicate: ACV (Actual Cash Value), ALS (Actual Loss Sustained), RCV (Replacement Cost Value),

SP (Selling Price) or SV (Stated Value).

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

MPC0601153

2 of 2

Insured

00001 003 $40,000 Building 80% RCV Built: 1985, Cast in Place 

2801 N Monroe St 

Tallahassee, FL 32303 

Pool 

Case 4:20-cv-00398-MW-MAF Document 1-3 Filed 08/07/20 Page 20 of 147
FORMS AND ENDORSEMENTS LISTED BELOW APPLY TO AND ARE MADE PART OF THIS POLICY AT TIME OF

ISSUE.

APPLICABLE FORMS & ENDORSEMENTS

Policy Number:

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

CPR 2150 (10/01) Page 

MPC0601153

1 of 2

Insured

CPR-2147(02/04) Declarations - SubLimit Addendum

CPR-2218(11/04) Declarations - Deductible Addendum

CPR-2162(01/02) Specified Limits Endorsement

CP-0010(06/07) Building and Personal Property Coverage Form

CP-0030(06/07) Business Income (and Extra Expense) Coverage Form

CP-1030(06/07) Causes Of Loss - Special Form

CP-0090(07/88) Commercial Property Conditions

IL-0017(11/98) Common Policy Conditions

CP-0415(10/00) Debris Removal Additional Insurance

CP-0440(06/07) Spoilage Coverage

CP-1430(10/00) Outdoor Trees, Shrubs and Plants

CP-1440(06/07) Outdoor Signs

CPR-2106(11/07) Automatic Acquisition Endorsement

CPR-2152F(02/04) Electronic Data Processing Endorsement

CPR-2161(11/13) Ordinance or Law Coverage

CPR-2170(03/02) Valuable Papers and Records

CPR-2177(03/02) Accounts Receivable

CPR-2200(10/01) Loss Payee/Additional Insured Endorsement

CPR-2207(03/02) Mortgagee Endorsement

CPR-2216(09/02) Fine Arts Endorsement

CPR-2224(03/03) Sewer Back Up Endorsement

CPR-2254(07/04) Extended Period of Indemnity Endorsement

CPR-2268(02/07) Protective Safeguard Endorsement

CPR-2274(04/12) Minimum Earned Premium Endorsement

CPR-2276(04/12) Non-Payment Of Premium

CPR-2281(12/14) Nuclear, Biological, Chemical, or Radioactive Exclusion

CPR-2282(02/15) Exclusion Of Cosmetic Damage To Roof Surfacing

CPR-2284(04/15) Fire Protection Equipment Recharge Endorsement

CPR-2285(04/15) Increased Perimeter Of Coverage Endorsement

CP-0125(07/08) Florida Changes

CP-1032(08/08) Water Exclusion Endorsement

CPR-2117(08/15) Definition of Occurrence

Case 4:20-cv-00398-MW-MAF Document 1-3 Filed 08/07/20 Page 21 of 147
APPLICABLE FORMS & ENDORSEMENTS

(cont'd)

CPR 2150 (10/01) Page 2 of 2

Insured

CPR-2133(10/01) Absolute Pollution Exclusion Endorsement

CPR-2165(04/13) Liberalization Clause Endorsement

CPR-2188(12/10) Exclusion of Certain Computer Related Losses

CPR-2230(03/08) Terrorism Exclusion

CPR-2237(08/03) Additional Covered Property Endorsement

CPR-2252(07/04) Property In Transit Endorsement

CPR-2261(09/04) Fire Department Service Charge Endorsement

CPR-2263(11/04) Unnamed Locations Extension

CPR-2269(06/09) Asbestos Exclusion

CPR-2291(08/15) Named Storm Definition

CPR-2295(02/16) Windstorm or Hail Loss Reporting Limitation Addendum

LMA-3100(09/10) Sanction Limitation And Exclusion Clause

LMA-5096(03/08) Several Liability Clause

NMA-1998(04/86) Service Of Suit Clause (U.S.A.)

RIL-099C(11/16) Service of Suit Endorsement

ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED. 

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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) 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 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, consisting of

the following unless otherwise specified in the

Declarations or on the Your Business Personal Property – Separation Of Coverage form:

(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;

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Policy Number:

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:

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(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 described in

the Declarations or in the open (or in a

vehicle) within 100 feet of the described

premises.

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;

i. 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;

l. 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;

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;

(b) Vehicles or self-propelled machines,

other than autos, you hold for sale;

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deductible plus the amount that we

pay for direct physical loss or damage

to the Covered Property that has sustained loss or damage.

(4) We will pay up to an additional $10,000

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.

Therefore, if (4) (a) and/or (4) (b) apply,

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

$10,000.

(5) Examples

The following examples assume that

there is no Coinsurance penalty.

EXAMPLE #1

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

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(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;

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 "stock" of trees, shrubs

or plants), 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 (3) and (4), we will

pay your expense to remove debris of

Covered Property caused by or resulting

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) Extract "pollutants" from land or

water; or

(b) 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

Insured

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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: $ 30,000

Debris Removal Expense Payable 

Basic Amount: $ 10,500

Additional Amount: $ 10,000

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).

The additional amount payable for debris removal expense is provided in accordance with the terms of Paragraph (4), because the debris removal expense ($30,000)

exceeds 25% of the loss payable plus the deductible

($30,000 is 37.5% of $80,000), and because the sum of

the loss payable and debris removal expense ($79,500 +

$30,000 = $109,500) would exceed the Limit of Insurance

($90,000). The additional amount of covered debris removal expense is $10,000, the maximum payable under

Paragraph (4). Thus the total payable for debris removal

expense in this example is $20,500; $9,500 of the debris

removal expense is not covered.

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) Required by local ordinance. No Deductible applies to this Additional Coverage.

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, unless a higher limit is shown in the Declarations, for 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.

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 enforcement 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.

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(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:

(a) You were required to comply with

before the loss, even when the building was undamaged; and

(b) You failed to comply with.

(5) Under this Additional Coverage, we will

not pay for:

(a) The enforcement of 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 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 repairs or replacement

are 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.

(b) If the building is repaired or replaced

at the same premises, or if you elect

to rebuild at another premises, the

most we will pay for the Increased

Cost of Construction, subject to the

provisions of e. (6) of this Additional

Coverage, is the increased cost of

construction at the same premises.

(c) If the ordinance or law requires relocation to another premises, the most

we will pay for the Increased Cost of

Construction, subject to the provisions of e. (6) of this Additional Coverage, is the increased cost of

construction at the new premises.

(8) This Additional Coverage is not subject to

the terms of the Ordinance Or Law Exclusion, to the extent that such Exclusion

would conflict with the provisions of this

Additional Coverage.

(9) The costs addressed in the Loss Payment

and Valuation Conditions, and the Replacement Cost Optional Coverage, in

this Coverage Form, do not include the

increased cost attributable to enforcement of an ordinance or law. The amount

payable under this Additional Coverage,

as stated in e. (6) of this Additional Coverage, is not subject to such limitation.

f. Electronic Data

(1) Under this Additional Coverage, electronic data has the meaning described under

Property Not Covered, Electronic Data.

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(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.

(3) The Covered Causes of Loss applicable

to Your Business Personal Property apply

to this Additional Coverage, Electronic

Data, subject to the following:

(a) If the Causes Of Loss – Special Form

applies, coverage under this Additional Coverage, Electronic Data, 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, Electronic Data, 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, Electronic Data.

(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 loss or damage

caused by or resulting from 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, modify, maintain, repair or replace that system.

(4) The most we will pay under this

Additional Coverage, Electronic Data, is

$2,500 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;

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(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; or

(iii) Business personal property that

you newly acquire, located at the

described premises.

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 on or at each

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.

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:

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(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 "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:

(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.

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:

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(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.

Each of these Extensions is additional insurance unless otherwise indicated. The Additional Condition,

Coinsurance, does not apply to these Extensions.

B. Exclusions And Limitations

See applicable Causes Of Loss Form as shown in the

Declarations.

C. 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.

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;

Insured

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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:

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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 #1

(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

Insured

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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:

(1) Notify the police if a law may have been

broken.

(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 claime.

(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 insured's

books and records. In the event of an examination, an insured's 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 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.

CP 00 10 06 07 © ISO Properties, Inc., 2007 

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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.

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 tenant's

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 sub-lessee

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:

CP 00 10 06 07 © ISO Properties, Inc., 2007 

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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.

The cost of building repairs or replacement

does not include the increased cost attributable to enforcement of any ordinance or law

regulating the construction, use or repair of

any property.

However, the following property will be valued

at the actual cash value even when attached

to the building:

(1) Awnings or floor coverings;

(2) Appliances for refrigerating, ventilating,

cooking, dishwashing or laundering; or

(3) Outdoor equipment or furniture.

c. "Stock" you have sold but not delivered at the

selling price less discounts and expenses you

otherwise would have had.

d. Glass at the cost of replacement with safetyglazing material if required by law.

e. Tenants' Improvements and Betterments at:

(1) Actual cash value of the lost or damaged

property if you make repairs promptly.

(2) A proportion of your original cost if you do

not make repairs promptly. We will determine the proportionate value as follows:

(a) Multiply the original cost by the number of days from the loss or damage

to the expiration of the lease; and

(b) Divide the amount determined in (a)

above by the number of days from

the installation of improvements to

the expiration of the lease.

If your lease contains a renewal option,

the expiration of the renewal option

period will replace the expiration of the

lease in this procedure.

(3) Nothing if others pay for repairs or

replacement.

CP 00 10 06 07 © ISO Properties, Inc., 2007 

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.

Instead, we will determine the most we will

pay using the following steps:

(1) Multiply the value of Covered Property at

the time of loss by the Coinsurance

percentage;

(2) Divide the Limit of Insurance of the property by the figure determined in Step (1);

(3) Multiply the total amount of loss, before

the application of any deductible, by the

figure determined in Step (2); and

(4) Subtract the deductible from the figure

determined in Step (3). We will pay the amount determined in Step

(4) 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.

EXAMPLE #1 (UNDERINSURANCE)

When: The value of the property is: $250,000

The Coinsurance percentage 80%

for it is:

The Limit of Insurance for it is: $100,000

The Deductible is: $ 250

The amount of loss is: $ 40,000

Step (1): $250,000 x 80% = $200,000

(the minimum amount of insurance to

meet your Coinsurance requirements)

Step (2): $100,000 ÷ $200,000 = .50

Insured

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Step (3): $40,000 x .50 = $20,000

Step (4): $20,000 – $250 = $19,750

We will pay no more than $19,750. The remaining

$20,250 is not covered.

EXAMPLE #2 (ADEQUATE INSURANCE)

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). 

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: $ 20,000

$ 50,000

CP 00 10 06 07 © ISO Properties, Inc., 2007 

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:

(1) Pays any premium due under this Coverage Part at our request if you have

failed to do so;

(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 mortgageholder's rights under the

mortgage will be transferred to us to the

extent of the amount we pay; and

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.

Insured

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(2) The mortgageholder's right to recover the

full amount of the mortgageholder's 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.

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

CP 00 10 06 07 © ISO Properties, Inc., 2007 

(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 applied 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:

(1) Personal property of others;

(2) Contents of a residence;

(3) Works of art, antiques or rare articles,

including etchings, pictures, statuary,

marbles, bronzes, porcelains and bric-abrac; or

Insured

Case 4:20-cv-00398-MW-MAF Document 1-3 Filed 08/07/20 Page 36 of 147
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(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 repairs or replacement are

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.

If a building is rebuilt at a new premises, the

cost described in e.(2) above is limited to the

cost which would have been incurred if the

building had been rebuilt at the original

premises.

f. The cost of repair or replacement does not

include the increased cost attributable to enforcement of 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.

b. 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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Case 4:20-cv-00398-MW-MAF Document 1-3 Filed 08/07/20 Page 37 of 147
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 the site at

which the described premises are located.

With respect to the requirements set forth in the

preceding paragraph, if you occupy only part of

the site at which the described premises are

located, your premises means:

(a) The portion of the building which you

rent, lease or occupy; and

(b) Any area within the building or on the

site at which the described premises

are located, if that area services, or is

used to gain access to, the described

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

BUSINESS INCOME (AND EXTRA EXPENSE) COVERAGE FORM

Policy Number:

CP 00 30 06 07 © ISO Properties, Inc., 2007 Page 1 of 10

A. Coverage

1. Business Income

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".

(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

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.

MPC0601153

Insured

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CP 00 30 06 07 © ISO Properties, Inc., 2007 Page 2 of 10

premises or temporary locations, including relocation expenses and costs to

equip and operate the replacement location or temporary location.

(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.

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.

Insured

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CP 00 30 06 07 © ISO Properties, Inc., 2007 Page 3 of 10

(ii) 30 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) 30 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.

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

Insured

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(4) The most we will pay under this Additional Coverage – Interruption of Computer

Operations is $2,500 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 in

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.

c. Insurance under this Extension for each

newly acquired location will end when any of

the following first occurs:

(1) This policy expires;

(2) 30 days expire after you acquire or begin

to construct the property; or

(3) You report values to us.

d. Interruption Of Computer Operations

(1) Under this Additional Coverage, electronic data has the meaning described

under Additional Limitation – Interruption

Of Computer Operations.

(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.

(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.

Insured

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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.

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.

Insured

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(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:

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 insured's

books and records. In the event of an examination, an insured's answers must be signed.

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

Insured

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(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 ordinary 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 #1 (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

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).

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);

Insured

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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:

(1) A Business Income Report/Work Sheet

must be submitted to us and must show

financial data for your "operations":

(a) During the 12 months prior to the

date of the Work Sheet; and

(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.

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.

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.

Insured

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"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 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".

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. 

4. Extended Period Of Indemnity

Under Paragraph A.5.c., Extended Business Income, the number 30 in Subparagraphs (1)(b)

and (2)(b) is replaced by the number shown in the

Declarations for this Optional Coverage.

F. Definitions

1. "Finished stock" means stock you have

manufactured.

Insured

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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.

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

Insured

Case 4:20-cv-00398-MW-MAF Document 1-3 Filed 08/07/20 Page 47 of 147
(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.

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.

CAUSES OF LOSS – SPECIAL FORM

Words and phrases that appear in quotation marks have special meaning. Refer to Section G., Definitions.

Policy Number:

CP 10 30 06 07 © ISO Properties, Inc., 2007 Page 1 of 10

A. Covered Causes Of Loss

When Special is shown in the Declarations, Covered

Causes of Loss means Risks Of Direct Physical Loss

unless the loss is:

1. Excluded in Section B., Exclusions; or

2. Limited in Section C., Limitations;

that follow.

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 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 any earth sinking,

rising or shifting related to such event;

MPC0601153

Insured

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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, tides, tidal

waves, overflow of any body of water, or

their spray, all whether driven by wind or

not;

(2) Mudslide or mudflow;

(3) Water that backs up or overflows from a

sewer, drain or sump; or

(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.

But if Water, as described in g.(1) through

g.(4) above, results in fire, explosion or

sprinkler leakage, we will pay for the loss or

damage caused by that fire, explosion or

sprinkler leakage.

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

results in a "specified cause of loss", we will

pay for the loss or damage caused by that

"specified cause of loss".

This exclusion does not apply:

(1) When "fungus", wet or dry rot or bacteria

results from fire or lightning; or

Insured

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(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

(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;

Insured

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(ii) Breakage of building glass;

(iii) Weight of rain that collects on a

roof; or

(iv) Weight of people or personal

property.

l. 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

(4) Maintenance;

(2) You drain the equipment and shut off the

supply if the heat is not maintained.

h. Dishonest or criminal act by you, any of your

partners, members, officers, managers, employees (including leased employees), directors, trustees, authorized representatives

or anyone to whom you entrust the property

for any purpose:

(1) Acting alone or in collusion with others; or

(2) Whether or not occurring during the hours

of employment.

This exclusion does not apply to acts of destruction by your employees (including leased

employees); but theft by employees (including

leased employees) is not covered.

i. 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:

(a) To the extent that coverage is provided under the Additional Coverage

– Collapse; or

(b) To collapse caused by one or more of

the following:

(i) The "specified causes of loss";

Insured

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(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:

of part or all of any property on or off the

described premises.

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.

Insured

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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.

c. The interior of any building or structure, or to

personal property in the building or structure,

caused by or resulting from rain, snow, sleet,

ice, sand or dust, whether driven by wind or

not, unless:

(1) The building or structure first sustains

damage by a Covered Cause of Loss to

its roof or walls through which the rain,

snow, sleet, ice, sand or dust enters; or

(2) The loss or damage is caused by or

results from thawing of snow, sleet or ice

on the building or structure.

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.

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:

(1) Glass; or

(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.

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.

Insured

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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.

(2) Containers of property held for sale.

c. Builders' machinery, tools and equipment

owned by you or entrusted to you, provided

such property is Covered Property.

However, this limitation does not apply:

(1) If the property is located on or within 100

feet of the described premises, unless the

premises is insured under the Builders

Risk Coverage Form; or

(2) To Business Income Coverage or to Extra

Expense Coverage.

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:

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.

Insured

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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.. E. Additional Coverage – Limited Coverage For

"Fungus", Wet Rot, Dry Rot And Bacteria

1. The coverage described in E.2. and E.6. only applies 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.

a. A "specified cause of loss" other than fire or

lightning; or

b. Flood, if the Flood Coverage Endorsement

applies to the affected premises.

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

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;

b. Awnings, gutters and downspouts;

c. Yard fixtures;

d. Outdoor swimming pools;

e. Fences;

f. Piers, wharves and docks;

g. Beach or diving platforms or appurtenances;

h. Retaining walls; and

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.;

Insured

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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 vehicle's 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.

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.

3. 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 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.

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

causes 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

Insured

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2. "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.

c. Water damage means 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.

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.

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

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.

Insured

Case 4:20-cv-00398-MW-MAF Document 1-3 Filed 08/07/20 Page 57 of 147
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.

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.

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 will benefit 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 will pay 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 will not 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);

Policy Number:

CP 00 90 07 88 Copyright, ISO Commercial Risk Services, Inc., 1983, 1987 Page 1 of 2

MPC0601153

Insured

Case 4:20-cv-00398-MW-MAF Document 1-3 Filed 08/07/20 Page 58 of 147
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.

CP 00 90 07 88 Copyright, ISO Commercial Risk Services, Inc., 1983, 1987 Page 2 of 2

Insured

Case 4:20-cv-00398-MW-MAF Document 1-3 Filed 08/07/20 Page 59 of 147
IL 00 17 11 98

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

COMMON POLICY CONDITIONS

Policy Number:

Page 1 of 2

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.

Copyright, Insurance Services Office, Inc., 1998

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 afterward.

MPC0601153

Insured

Case 4:20-cv-00398-MW-MAF Document 1-3 Filed 08/07/20 Page 60 of 147
IL 00 17 11 98 Page 2 of 2

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.

Copyright, Insurance Services Office, Inc., 1998

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.

Insured

Case 4:20-cv-00398-MW-MAF Document 1-3 Filed 08/07/20 Page 61 of 147
DEBRIS REMOVAL ADDITIONAL INSURANCE

Policy Number:

This endorsement modifies insurance provided under the following: 

BUILDERS' RISK COVERAGE FORM

BUILDING AND PERSONAL PROPERTY COVERAGE FORM

CONDOMINIUM ASSOCIATION COVERAGE FORM

CONDOMINIUM COMMERCIAL UNIT-OWNERS COVERAGE FORM

STANDARD PROPERTY POLICY

TOBACCO SALES WAREHOUSES COVERAGE FORM 

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

CP 04 15 10 00 Copyright, Insurance Services Office, Inc., 1999 Page 1 of 1

SCHEDULE*

Prem. Bldg. Debris Removal Additional

No. No. Amount Premium

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

The additional amount of $10,000 for debris removal in

the Debris Removal Additional Coverages section is replaced by the higher amount shown in the Schedule. 

All All $25,000 Included

MPC0601153

Insured

Case 4:20-cv-00398-MW-MAF Document 1-3 Filed 08/07/20 Page 62 of 147
SPOILAGE COVERAGE 

Causes Of Loss:

Refrigeration

Prem. Bldg. Description Of Limit Of Maintenance Breakdown Or Power Selling

No. No. Property Insurance Deductible Agreement Contamination Outage Price

Policy Number:

CP 04 40 06 07 Page 1 of 2

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

The Coverage Form to which this endorsement applies is

extended to insure against direct physical loss or damage

by the Covered Causes of Loss, but only with respect to

coverage provided by this endorsement. 

A. Paragraph A.1., Covered Property, is replaced by

the following:

1. Covered Property

Covered Property means "perishable stock" at the

described premises owned by you or by others

that is in your care, custody or control.

B. With respect to the coverage provided by this endorsement, property located on buildings or in the

open or in vehicles is considered to be Property Not

Covered.

C. Paragraph A.3., Covered Causes Of Loss, is

replaced by the following:

3. Covered Causes Of Loss

Covered Causes of Loss means the following only

if indicated by an "X" in the Schedule:

a. Breakdown or Contamination, meaning:

(1) Change in temperature or humidity resulting from mechanical breakdown or mechanical failure of refrigerating, cooling or

humidity control apparatus or equipment,

only while such equipment or apparatus is

at the described premises; and

(2) Contamination by the refrigerant.

b. Power Outage, meaning change in temperature or humidity resulting from complete or

partial interruption of electrical power, either

on or off the described premises, due to

conditions beyond your control.

D. Selling Price

If Selling Price is indicated by an "X" in the Schedule,

the following is added to the Valuation Loss

Condition:

We will determine the value of finished "perishable

stock" in the event of loss or damage at:

1. The selling price, as if no loss or damage had

occurred;

2. Less discounts and expenses you otherwise

would have had.

© ISO Properties, Inc., 2006

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

This endorsement modifies insurance provided under the following:

BUILDING AND PERSONAL PROPERTY COVERAGE FORM

CONDOMINIUM COMMERCIAL UNIT-OWNERS COVERAGE FORM

SCHEDULE

$

$

$

$

$

$

$

$

$

$

All All Food and 25,000 See CPR2218 X

Beverage

MPC0601153

Insured

Case 4:20-cv-00398-MW-MAF Document 1-3 Filed 08/07/20 Page 63 of 147
E. Paragraph A.5., Coverage Extensions, does not

apply.

F. Paragraph B., Exclusions, is replaced by the

following:

B. Exclusions

1. Only the following Exclusions contained in

Paragraph B.1. of the Causes of Loss Form

applicable to this Coverage Part apply to

Spoilage Coverage:

a. Earth Movement;

b. Governmental Action;

c. Nuclear Hazard;

d. War And Military Action; and

e. Water.

2. The following Exclusions are added:

We will not pay for loss or damage caused by

or resulting from:

a. The disconnection of any refrigerating,

cooling or humidity control system from

the 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.

CP 04 40 06 07 Page 2 of 2

G. Paragraph D., Deductible, is replaced by the

following:

We will not pay for loss or damage in any one occurrence until the amount of loss or damage exceeds the

Deductible shown in the Schedule of this endorsement. We will then pay the amount of loss or damage

in excess of that Deductible, up to the applicable Limit

of Insurance. No other deductible in this policy applies

to the coverage provided by this endorsement.

H. Paragraph F., Additional Conditions, is replaced by

the following:

ADDITIONAL CONDITION

The following condition applies in addition to the Common Policy Conditions and the Commercial Property

Conditions.

REFRIGERATION MAINTENANCE AGREEMENTS

If Breakdown or Contamination is designated as a

Covered Cause of Loss and a refrigeration maintenance agreement is shown as applicable by an "X" in

the Schedule, the following condition applies:

You must maintain a refrigeration maintenance or

service agreement. If you voluntarily terminate this

agreement and do not notify us, the insurance

provided by this endorsement will be automatically

suspended at the involved location.

I. Paragraph G., Optional Coverages, does not apply.

J. The following is added to the Definitions:

"Perishable stock" means personal property:

a. Maintained under controlled conditions for its

preservation; and

b. Susceptible to loss or damage if the controlled

conditions change.

© ISO Properties, Inc., 2006

Insured

Case 4:20-cv-00398-MW-MAF Document 1-3 Filed 08/07/20 Page 64 of 147
This endorsement modifies insurance provided under the following: 

BUILDERS' RISK COVERAGE FORM

BUILDING AND PERSONAL PROPERTY COVERAGE FORM

CONDOMINIUM ASSOCIATION COVERAGE FORM

CONDOMINIUM COMMERCIAL UNIT-OWNERS COVERAGE FORM

STANDARD PROPERTY POLICY 

Policy Number:

CP 14 30 10 00 Page 1 of 1

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

Copyright, Insurance Services Office, Inc., 1999

Limit of Insurance Causes of

Prem. Bldg. Each Each Each All Loss Form Vehicle Additional

No. No. Tree Shrub Plant Items Applicable Exclusion Premium

SCHEDULE*

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

OUTDOOR TREES, SHRUBS AND PLANTS

A. The following is added to Covered Property:

Outdoor trees, shrubs and plants at locations described in the Schedule.

B. The following is deleted from Property Not Covered:

"Trees, shrubs or plants"

C. The most we will pay for loss or damage to covered

trees, shrubs and plants in any one occurrence is the

Limit of Insurance for All Items, subject to the separate limit applicable to Each Tree, Shrub or Plant,

shown in the Schedule.

D. Outdoor trees, shrubs and plants are subject to all applicable provisions of the Causes Of Loss Form indicated in the Schedule, as well as to the following

exclusions:

We will not pay for loss or damage to outdoor trees,

shrubs or plants, caused by or resulting from any of

the following:

1. Dampness or dryness of atmosphere;

2. Changes in or extremes of temperature; or

3. Rain, snow, ice or sleet.

E. If the Vehicle Exclusion option is designated in the

Schedule by an "X," we will not pay for loss or damage

caused by vehicles to outdoor trees, shrubs or plants.

All All $500 $500 $500 $25,000 Included

MPC0601153

Insured

Case 4:20-cv-00398-MW-MAF Document 1-3 Filed 08/07/20 Page 65 of 147
This endorsement modifies insurance provided under the following: 

BUILDING AND PERSONAL PROPERTY COVERAGE FORM

CONDOMINIUM ASSOCIATION COVERAGE FORM

CONDOMINIUM COMMERCIAL UNIT-OWNERS COVERAGE FORM

STANDARD PROPERTY POLICY 

Policy Number:

OUTDOOR SIGNS

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

CP 14 40 06 07 © ISO Properties, Inc., 2006 Page 1 of 1

SCHEDULE

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

With respect to the outdoor signs described in the Schedule, the provision in the Limits Of Insurance section which

pertains to signs does not apply. The limit applicable to

each sign is shown in the Schedule. The limit applicable

to each sign is the most we will pay for loss or damage to

the sign in any one occurrence.

Premises Number: Building Number:

Description Of Sign: 

Construction Of Sign: Entirely Metal Other

Limit Of Insurance: $

Coinsurance Percentage: %

Additional Premium: $

Premises Number: Building Number:

Description Of Sign: 

Construction Of Sign: Entirely Metal Other

Limit Of Insurance: $

Coinsurance Percentage: %

Additional Premium: $

Premises Number: Building Number:

Description Of Sign: 

Construction Of Sign: Entirely Metal Other

Limit Of Insurance: $

Coinsurance Percentage: %

Additional Premium: $

00001 001

X

See CPR2162

80

Included

MPC0601153

Insured

Case 4:20-cv-00398-MW-MAF Document 1-3 Filed 08/07/20 Page 66 of 147
A. We will pay for newly acquired property, not otherwise insured, which you acquire or become responsible for if you report the value(s) to us within days from the date of acquisition.

B. We will not pay:

1. More than the replacement cost of real property (if replacement cost is endorsed to this policy) or the actual cash

value of personal property; and, in no event for more than $__________________;

2. For any property you acquired or became responsible for if it is not reported to us within the days of acquisition; or

3. For any property you acquired or became responsible for before the inception of this policy.

4. More than the Limits of Insurance of the policy to which this endorsement is attached.

AUTOMATIC ACQUISITION ENDORSEMENT

Policy Number:

ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED. 

CPR 2106 (11/07) Page 1 of 1

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

60

60

500,000

MPC0601153

Insured

Case 4:20-cv-00398-MW-MAF Document 1-3 Filed 08/07/20 Page 67 of 147
1. LIMITS OF INSURANCE

Coverage is only provided under this endorsement for items A. through D. below when a dollar amount is shown

beside the coverage part. We will not pay more than the Limits of Insurance specified below in respect to any one

occurrence, and in no event will we pay more than the Limits of Insurance of the policy to which this endorsement is

attached.

A. Hardware: $

B. Software: $

C. Extra Expense:

D. Business Interruption: $

2. SPECIFIC HARDWARE OR SOFTWARE TO BE EXCLUDED

3. PROPERTY COVERED

We will pay for direct physical loss of or damage to covered property caused by a Covered Cause of Loss at the

premises described in the Schedule. Covered property, as used in this endorsement, means the type of property

described in this section if a Limit of Insurance is shown above for that type of property.

A. Hardware, meaning a network of electronic machine components including microprocessors (firmware) capable of

accepting instructions and information, processing the information according to the instructions, and producing

desired results; computer networks; and peripheral data processing equipment. Such equipment may be owned by

you or leased, rented or under your control. Hardware does not include communication systems or protection and

control systems.

B. Software, meaning electronic data processing, recording or storage software such as films, tapes, cards, discs,

drums or cells, and data and programming records used for electronic data processing or electronically controlled

equipment, stored on media.

C. Extra Expense

1. We will pay the actual and necessary extra expenses you incur during the "period of restoration":

a. To continue your "normal" electronic data processing operations that are interrupted due to direct physical

loss or damage caused by a Covered Cause of Loss to covered property owned, leased, rented or under

your control; while at the described premises;

b. To repair, replace, or restore any covered hardware or software, but only to the extent that they reduce the

loss otherwise payable under this coverage part.

2. We will not pay under this Extra Expense coverage for:

a. More than the actual loss sustained or the amount shown in item 1. LIMITS OF INSURANCE, C. Extra

Expense, whichever is less; or

b. Loss of profits or earnings resulting from a decrease or reduction of business.

ELECTRONIC DATA PROCESSING ENDORSEMENT

Policy Number:

CPR 2152F (02/04) Page 1 of 3

$

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

25,000

Included in above

Included in above

Included in above

MPC0601153

Insured

Case 4:20-cv-00398-MW-MAF Document 1-3 Filed 08/07/20 Page 68 of 147
D. Business Interruption

1. We will pay for the actual loss of "business income" you incur due to the necessary suspension of your "operations" during the "period of restoration." The suspension must be caused by direct physical loss or damage

as a result of a Covered Cause of Loss to covered property at the described premises, including personal

property in the open (or in a vehicle) within 100 feet of the described premises.

2. We will only pay for loss of "business income" that occurs within 12 consecutive months after the date of direct physical loss or damage.

4. PROPERTY NOT COVERED

A. Accounts, bills, money, currency, notes, securities, or other evidences of debt, securities, valuable papers, records, abstracts, deeds, manuscripts, program documentation or other documents except those that are in software form, and then only in that form;

B. Property rented or leased to others while away from your premises;

C. Your stock in trade; and/or

D. Any machinery or equipment, other than hardware, whether or not controlled by a data processing system.

5. EXCLUSIONS

A. Actual work upon the property covered.

B. Error or omission in machine programming or instructions to machine.

C. Errors, omissions or deficiencies in design, specifications, materials or workmanship.

D. Loss from processing operations.

6. VALUATION

A. The value of covered property will be based on the actual cash value at the time of the loss (with a deduction for

depreciation). We will not pay more than what it will cost to repair, rebuild or replace the property with other

property of like kind and quality. We will also not pay more than the amount shown under item 1. LIMITS OF

INSURANCE. B. In determining the amount of loss when extra expense coverage is provided, the following also apply:

1. The salvage value of any property bought for temporary use will be deducted from the amount of loss extra

expense; and

2. We will not pay for any increase in loss due to your failure to use reasonable efforts to resume all or part of

your business. This includes making use of other locations and property to reduce the loss.

7. RESUMPTION OF OPERATIONS

As soon as practicable after any loss, you must resume complete or partial business "operations" of the covered

property and, as much as practicable, reduce or dispense with the additional charges and expenses that are being

incurred.

CPR 2152F (02/04) Page 2 of 3

Insured

Case 4:20-cv-00398-MW-MAF Document 1-3 Filed 08/07/20 Page 69 of 147
8. DEFINITIONS

A. "Normal" means the conditions that would have existed had no loss occurred.

B. "Business income" means:

1. Net Income (net profit or loss before income taxes) that would have been earned or incurred; and

2. Continuing "normal" operating expenses incurred, including payroll.

C. "Operations" means your business activities occurring at the described premises.

D. "Period of restoration" means the period of time that:

1. Begins with the date of direct physical loss or damage caused by or resulting from any Covered Cause of Loss

at the described premises; and

2. Ends on the date when the property at the described premises should be repaired, rebuilt or replaced with

reasonable speed and similar quality, or 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 any ordinance or

law that:

(a) Regulates the construction, use or repair, or requires the tearing down of any property; or

(b) 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."

CPR 2152F (02/04) Page 3 of 3

ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED. 

Insured

Case 4:20-cv-00398-MW-MAF Document 1-3 Filed 08/07/20 Page 70 of 147
ORDINANCE OR LAW COVERAGE

Coverage B, Demolition

Cost Limit Of Insurance

Policy Number:

CPR 2161 (11/13) Page 1 of 4

Coverage C, Increased Cost Of

Construction Limit Of Insurance

These Limits Of Insurance do not increase the Per Occurrence Loss Limit, as stated in the Declarations, and apply to all

locations unless specified below:

A. Coverage

Each Coverage – Coverage A, Coverage B and Coverage C – is provided under this endorsement only if that Coverage(s) is indicated by entry in the above limits section and then only with respect to the building(s) identified for that

Coverage(s).

The Coverage(s) provided by this endorsement applies only if both A.1. and A.2. are satisfied and are then subject to

the qualifications set forth in A.3.

1. The ordinance or law:

a. Regulates the demolition, construction or repair of buildings, or establishes zoning or land use requirements

at the described premises; and

b. Is in force at the time of loss.

But coverage under this endorsement applies only in response to the minimum requirements of the ordinance or

law. Losses and costs incurred in complying with recommended actions or standards that exceed actual requirements are not covered under this endorsement.

2. a. The building sustains direct physical damage that is covered under this policy and as a direct result of such

covered damage, you are required to comply with the ordinance or law; or

b. The building sustains both direct physical damage that is covered under this policy and direct physical

damage that is not covered under this policy, and as a direct result of the building damage in its entirety, you

are required to comply with the ordinance or law.

c. But if the building sustains direct physical damage that is not covered under this policy, and such damage is

the subject of the ordinance or law, then there is no coverage under this endorsement even if the building has

also sustained covered direct physical damage.

3. In the situation described in A.2.b. above, we will not pay the full amount of loss otherwise payable under the

terms of Coverages A, B, and/or C of this endorsement. Instead, we will pay a proportion of such loss, meaning

the proportion that the covered direct physical damage bears to the total direct physical damage.

Coverage A, Loss To Undamaged Portion

Of Building Limit Of Insurance

$ _________________ $ _________________ $ _______________

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

Included See CPR2147 See CPR2147

MPC0601153

Insured

Case 4:20-cv-00398-MW-MAF Document 1-3 Filed 08/07/20 Page 71 of 147
However, if the covered direct physical damage, alone, would have resulted in a requirement to comply with the

ordinance or law, then we will pay the full amount of loss otherwise payable under the terms of Coverages A, B

and/or C of this endorsement.

B. We will not pay under Coverage A, B or C of this endorsement for:

1. Enforcement of or compliance with any ordinance or law which requires the 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

2. The costs associated with the enforcement of or compliance with any 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.

C. Coverage A – Coverage For Loss To The Undamaged Portion Of The Building. With respect to the building that has sustained covered direct physical damage, we will pay under Coverage A for the

loss to the undamaged portion of the building as a consequence of a requirement to comply with an ordinance or law

that requires demolition of undamaged parts of the same building.

Coverage A is included within the Limit Of Insurance applicable to the covered property shown in the Declarations. This is not additional insurance.

D. Coverage B – Demolition Cost Coverage. With respect to the building that has sustained covered direct physical damage, we will pay the cost to demolish and

clear the site of undamaged parts of the same building as a consequence of a requirement to comply with an

ordinance or law that requires demolition of such undamaged property.

Any coinsurance conditions do not apply to Demolition Cost Coverage. E. Coverage C – Increased Cost Of Construction Coverage. With respect to the building that has sustained covered direct physical damage, we will pay the increased cost to:

(1) Repair or reconstruct damaged portions of that building caused by a covered peril; and/or

(2) Reconstruct or remodel undamaged portions of that building, whether or not demolition is required;

when the increased cost is a consequence of a requirement to comply with the minimum standards of the

ordinance or law.

However:

(1) This coverage applies only if the restored or remodeled property is intended for similar occupancy as the

current property, unless such occupancy is not permitted by zoning or land use ordinance or law.

(2) We will not pay for the increased cost of construction if the building is not repaired, reconstructed or

remodeled.

Any coinsurance Conditions do not apply to Increased Cost of Construction. F. Loss Payment

1. All following loss payment provisions, F.2. through F.4., are subject to the apportionment procedures set forth in

Section A.3. of this endorsement.

CPR 2161 (11/13) Page 2 of 4

Insured

Case 4:20-cv-00398-MW-MAF Document 1-3 Filed 08/07/20 Page 72 of 147
2. When there is a loss to an undamaged portion of a building to which Coverage A applies, the loss payment for

that building, including damaged and undamaged portions, will be determined as follows:

a. If the Replacement Cost Coverage Option applies and the property is being repaired or replaced, on the same

or another premises, we will not pay more than the lesser of:

(1) The amount you actually spend to repair, rebuild or reconstruct the building, but not for more than the

amount it would cost to restore the building on the same premises and to the same height, floor area,

style and comparable quality of the original property insured; or

(2) The applicable Loss to Undamaged Portion of Building Limit of Insurance shown above; or

(3) The Limit Of Insurance applicable to the covered building or structure; or

(4) The values you provided to us for the specific property involved in the loss which were accepted by us

prior to the loss.

b. If the Replacement Cost Coverage Option applies and the property is not repaired or replaced, or if the

Replacement Cost Coverage Option does not apply, we will not pay more than the lesser of:

(1) The actual cash value of the building at the time of loss; or

(2) The Loss to Undamaged Portion of Building Limit of Insurance shown above; or

(3) The Limit Of Insurance shown in the Declarations as applicable to the covered building; or

(4) The values you provided to us for the specific property involved in the loss which were accepted by us

prior to the loss.

3. We will not pay more under Coverage B – Demolition Cost Coverage than the lesser of the following:

a. The amount you actually spend to demolish and clear the site of the described premises; or

b. The applicable Demolition Cost Limit of Insurance shown in the Schedule above.

4. Under Coverage C – Increased Cost of Construction Coverage:

a. We will not pay:

(1) Until the property is actually repaired or replaced, at the same or another premises; and

(2) Unless the repairs or replacement are 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.

b. If the building or structure is repaired or replaced at the same premises, or if you elect to rebuild at another

premises, the most we will pay is the lesser of:

(1) The increased cost of construction at the same premises; or

(2) The applicable Increased Cost of Construction Limit of Insurance shown in the Schedule above.

c. If the ordinance or law at the time of loss requires relocation to another premises, the most we will pay is the

lesser of:

(1) The increased cost of construction at the new premises; or

CPR 2161 (11/13) Page 3 of 4

Insured

Case 4:20-cv-00398-MW-MAF Document 1-3 Filed 08/07/20 Page 73 of 147
(2) The applicable Increased Cost of Construction Limit of Insurance shown in the Schedule above; or

(3) Limit shown in the Declarations.

G. Under this endorsement we will not pay for loss due to any ordinance or law that you were required to comply with

before the loss, even if the building was undamaged. Ordinance or law violations that exist independent of a covered

cause of loss are not covered.

H. The terms of this endorsement apply per occurrence and are a part of, and not in addition to, the Per Occurrence

Loss

ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED. 

CPR 2161 (11/13) Page 4 of 4

Insured

Case 4:20-cv-00398-MW-MAF Document 1-3 Filed 08/07/20 Page 74 of 147
We will pay for direct physical loss of or damage to "Valuable Papers and Records," as defined below and subject to the

following provisions: 

1. COVERED PROPERTY

This extension of coverage applies to "Valuable Papers and Records" while on the "Premises" located at the following

locations (except as provided for in paragraph 2.) and is subject to the limit indicated below:

A. All "Valuable Papers and Records" not specified in B. below:

LOCATION: LIMIT OF LIABILITY:

$

B. Specified Articles:

DESCRIPTION OF ARTICLES: LIMIT OF LIABILITY:

$

2. DEFINITIONS

"Valuable Papers and Records" means written, printed or inscribed documents, manuscripts or records, including

books, maps, films, drawings, abstracts, deeds or mortgages. "Valuable Papers and Records" does not mean "money"

or "securities," converted data, programs or instructions used in your data processing operations, including the materials on which the data is recorded.

"Premises" means the interior of that portion of the building at the location(s) designated above that you occupy for

your business.

"Money" means currency, coins, bullion and bank notes whether or not in current use, as well as travelers checks,

registered checks and money orders held for sale to the public.

"Securities" means all negotiable and non-negotiable instruments or contracts representing either money or other

property and includes revenue and other stamps in current use, tokens and tickets. "Securities" also means evidences of debt issued in connection with credit or charge cards, which cards are not of your own issue. "Securities"

does not include money.

3. EXCLUSIONS

The following exclusions apply to coverage provided by this endorsement and are in addition to exclusions contained

elsewhere in this policy:

A. This endorsement does not insure against physical loss of or damage to:

1. Property not specifically declared, described and valued in paragraph 1.B. of this endorsement if such property cannot be replaced with other of like kind and quality or restored to usable conditions;

VALUABLE PAPERS AND RECORDS

Policy Number:

CPR 2170 (03/02) Page 1 of 2

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

MPC0601153

All 25,000

N/A N/A

Insured

Case 4:20-cv-00398-MW-MAF Document 1-3 Filed 08/07/20 Page 75 of 147
2. Property held as samples or for sale or for delivery after sale; or

3. Data processing equipment and media. Media means magnetic tapes, disk packs, diskettes, paper tapes,

cards, and other material on which data is stored. It includes data stored on the media.

B. This endorsement does not insure against loss resulting from:

1. Errors or omissions in processing or copying;

 2. Unauthorized instructions to transfer property to any person or to any place;

3. Voluntary parting with any property by the insured or any associate, proprietor, partner, director, trustee, officer, employee or agent of any insured if induced to do so by any fraudulent scheme, trick, device or false

pretense.

4. LIMIT OF INSURANCE

We will not pay more than:

A. The amount scheduled under paragraph 1.B. of this endorsement; or

B. The least of the following if not scheduled under paragraph 1.B. of this endorsement:

1. The cost to research (to the extent necessary) and replace the "Valuable Papers and Records"; or

2. The cost to repair or restore the "Valuable Papers or Records"; or

3. The applicable limit stated in this endorsement.

However, we will not, in any case, pay more than the Per Occurrence Loss Limit shown in the Declarations in one disaster, casualty, or event, no matter how many locations are involved.

ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED. 

CPR 2170 (03/02) Page 2 of 2

Insured

Case 4:20-cv-00398-MW-MAF Document 1-3 Filed 08/07/20 Page 76 of 147
We will pay for direct physical loss of or damage to Accounts Receivable, as defined below and subject to the following

provisions: 

1. COVERAGE

A. We will pay:

1. All sums due from your customers that you are unable to collect thereof as the direct result of loss of or damage to records of accounts receivable;

2. Interest charges on any loan required to offset amounts you are unable to collect pending our payment of

these amounts;

3. Collection expenses in excess of your normal collection expenses that are made necessary by the loss or

damage;

4. Other reasonable expenses that you incur to re-establish your records of accounts receivable;

That result from direct physical loss of or damage to your records of accounts receivable.

B. This extension of coverage applies to records of accounts receivable while on the "premises" at the following locations and is subject to Limit of Insurance indicated below:

LOCATION LIMIT OF INSURANCE

$

$

2. PERILS NOT COVERED

We will not pay for loss or damage:

A. Caused directly or indirectly by bookkeeping, accounting or billing errors or omissions;

B. That requires any audit of records or an inventory computation to prove its factual existence;

C. Due to alteration, falsification, manipulation, concealment, destruction or disposal of records of accounts receivable done to conceal the wrongful giving, taking, obtaining or withholding of money, securities or other property,

but only to the extent to such wrongful giving, taking, obtaining or withholding;

D. Unauthorized instructions to transfer property to any person or to any place;

E. Due to an error or omission in programming; or

F. Caused by providing improper data entry instructions.

3. DEFINITION

"Premises" means the interior of that portion of the building at the location(s) designated above that you occupy for

your business.

ACCOUNTS RECEIVABLE

Policy Number:

CPR 2177 (03/02) Page 1 of 2

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

25,000

MPC0601153

All

Insured

Case 4:20-cv-00398-MW-MAF Document 1-3 Filed 08/07/20 Page 77 of 147
4. DETERMINATION OF RECEIVABLES

A. If you cannot accurately establish the amount of accounts receivable outstanding as of the time of loss or damage, the following method will be used:

1. Determine the total of the average monthly amounts of accounts receivable for the 12 months immediately

preceding the month in which the loss or damage occurs; and

2. Adjust that total for any normal fluctuations in the amount of accounts receivable for the month in which the

loss or damage occurred or for any demonstrated variance from the average for that month.

B. The following will be deducted from the total amount of accounts receivable, however that amount is established:

1. The amount of the accounts for which there is no loss or damage;

2. The amount of the accounts that you are able to re-establish or collect;

3. An amount to allow for probable bad debts that you are normally unable to collect; and

4. All unearned interest and service charges.

However, we will not, in any case, pay more than the Per Occurrence Loss Limit shown in the Declarations in one

disaster, casualty, or event, no matter how many locations are involved.

ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED. 

CPR 2177 (03/02) Page 2 of 2

Insured

Case 4:20-cv-00398-MW-MAF Document 1-3 Filed 08/07/20 Page 78 of 147
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

Loss payee(s) and/or additional insured(s) are added as follows:

LOSS PAYEE/ADDITIONAL INSURED ENDORSEMENT

Policy Number:

ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED. 

CPR 2200 (10/01) Page

MPC0601153

1 of 1

Insured

LOSS PAYEE

Capital City Bank

P.O. Box 900

Tallahassee, FL 32302-0000

#Location 00001-001

Ascentium Capital LLC

ISAOA

P.O. Box 979059

Miami, FL 33197-0000

#Loan #2168872

Case 4:20-cv-00398-MW-MAF Document 1-3 Filed 08/07/20 Page 79 of 147
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

MORTGAGEE ENDORSEMENT

The following Mortgage Holder(s) is added:

Policy Number:

ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED. 

CPR 2207 (03/02) Page 

MPC0601153

1 of 1

Insured

Capital City Bank

P.O. Box 900

Tallahassee, FL 32302-0000

#Location 00001-001

Case 4:20-cv-00398-MW-MAF Document 1-3 Filed 08/07/20 Page 80 of 147
FINE ARTS ENDORSEMENT

Policy Number:

A. Covered Property includes coverage for fine arts, meaning paintings, etchings, pictures, tapestries, rare or art glass,

art glass windows, valuable rugs, statuary, sculptures, "antique" furniture, "antique" jewelry, bric-a-brac, porcelains,

and similar property of rarity, historical value, or artistic merit.

B. The Limit of Insurance as shown in the Declarations is subject to a sub-limit of $ ________________. This sub-limit is

a limit or amount per occurrence, and is included in and does not increase the Limit of Insurance shown in the Declarations. We will not, in any case, exceed this sub-limit in one disaster, casualty or event, no matter how many locations are involved.

C. “Antique" means an object having value because its craftsmanship is in the style or fashion of former times, and because it is 100 or more years old.

CPR 2216 (09/02) Page 1 of 1

ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED. 

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

25,000

MPC0601153

Insured

Case 4:20-cv-00398-MW-MAF Document 1-3 Filed 08/07/20 Page 81 of 147
ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED. 

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

The most we pay for loss caused by water that backs up through a sewer or drain is $_________________ per

occurrence. This Limit of Insurance is a part of, and not in addition to, the Per Occurrence Loss Limit shown in the

Declarations. $___________________ will be deducted from each loss.

Policy Number:

SEWER BACK UP ENDORSEMENT

CPR 2224 (03/03) Page 1 of 1

MPC0601153

25,000

See CPR2218

Insured

Case 4:20-cv-00398-MW-MAF Document 1-3 Filed 08/07/20 Page 82 of 147
EXTENDED PERIOD OF INDEMNITY ENDORSEMENT

When made a part of this policy, this endorsement changes the definition of Covered Property to include coverage for Extended Period of Indemnity and becomes a part of the Business Income endorsement(s) made a part of this policy.

If the necessary "suspension" of your "operations" produces a Business Income or "Rental Value" loss payable under this

policy, we will pay for the actual loss of Business Income or "Rental Value" you incur during the period that: 

1. Begins on the date property (except "finished stock") is actually repaired, rebuilt or replaced and "operations" are resumed or tenantability is restored; and

2. Ends on the earlier of:

(a) The date you could restore your "operations" or tenant occupancy, with reasonable speed, to the level which

would generate the business income or "Rental Value" amount that would have existed if no direct physical loss or

damage had occurred; or

(b) _____ consecutive days after the date determined in 1. above.

However, Extended Period of Indemnity does not apply to loss of Business Income or "Rental Value" incurred as a result of

unfavorable business conditions caused by the impact of the covered peril in the area where the described premises are

located. 

Loss of Business Income or "Rental Value" must be caused by direct physical loss or damage at the described premises

caused by or resulting from a covered peril. 

Policy Number:

ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED. 

CPR 2254 (07/04) Page 1 of 1

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

90

MPC0601153

Insured

Case 4:20-cv-00398-MW-MAF Document 1-3 Filed 08/07/20 Page 83 of 147
As a condition of this insurance, it is understood and agreed that the protective devices or services set forth in the

Schedule below will be maintained in complete working order.

PROTECTIVE SAFEGUARD ENDORSEMENT

Policy Number:

CPR 2268 (02/07) Page 1 of 2

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

"P-1" Automatic Sprinkler System, including related supervisory services. Automatic Sprinkler System means any

automatic fire protective or extinguishing system, including connected sprinklers and discharge nozzles, ducts, pipes,

valves, fittings, tanks, pumps and private fire protection mains.

"P-2" Automatic Fire Alarm, protecting the entire building, that is connected to a central station, or reporting to a public or

private fire alarm station.

"P-3" Security Service, with a recording system or watch clock, making hourly rounds covering the entire building when

the premises are not in actual operation.

"P-4" Service Contract, with a privately owned fire department providing fire protection service to the described premises.

"BR-1" Automatic Burglary Alarm, protecting the entire building, that signals to an outside central station or a police

station.

"BR-2" Automatic Burglary Alarm, protecting the entire building, that has a loud sounding gong or siren on the outside

of the building.

Schedule

Protective Device or Service Location

MPC0601153

Insured

P-2, SD-1 All Bldgs.

Case 4:20-cv-00398-MW-MAF Document 1-3 Filed 08/07/20 Page 84 of 147
ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED. 

CPR 2268 (02/07) Page 2 of 2

"CC-1" Cooking Equipment Safeguard, meaning a U.L. approved automatic extinguishing system protecting all cooking

equipment, hoods and duct areas. In addition, you must: 

A. Maintain the extinguishing system and all associated equipment in complete working order, and give us immediate

notice of any impairment or suspension of the automatic extinguishing system; and

B. Maintain the services of an independent contractor for the express purpose of cleaning and degreasing, not less

often than once every six (6) months, all hood and duct systems installed in conjunction with cooking units at the

locations described. You must give us immediate notice of any impairment or suspension of such service.

"P-9" The protective system or service set forth in the above Schedule.

"SP-1" Secured premises, meaning all premises entryways (gates, doors and windows) are locked to prevent

unauthorized entry.

"SD-1" Fully functional Smoke Detectors are properly located in all units. "UT-1" Utilities are on to prevent freezing of any and all pipes and drains.

We will not pay for loss or damage if the protective safeguard or service listed in the above Schedule was not maintained

in complete working order and such failure to maintain contributed directly or indirectly to the loss or damage or to the

extent of such loss or damage.

Insured

Case 4:20-cv-00398-MW-MAF Document 1-3 Filed 08/07/20 Page 85 of 147
ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED. 

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

It is agreed that this policy does not insure against loss or damage arising from asbestos material, including but not limited

to costs or expenses incurred by the Insured as a result of any of the following:

(1) asbestos material removal, containment, or other abatement;

(2) demolition or increased cost of construction, repair, debris removal, or loss of use necessitated by the

enforcement of any law or ordinance regulating asbestos material; and/or

(3) any governmental direction or request declaring that such asbestos material present in or part of or utilized on any

undamaged portion of the insured's property can no longer be used for the purpose for which it was intended or

installed and must be removed or modified;

Nor does any coverage provided by this policy apply to payment for the investigation or defense of any loss, damage or

any cost, loss of use expense, fine or penalty or for any expense or claim or suit related to any of the above.

Policy Number:

ASBESTOS EXCLUSION

CPR 2269 (06/09) Page 1 of 1

MPC0601153

Insured

Case 4:20-cv-00398-MW-MAF Document 1-3 Filed 08/07/20 Page 86 of 147
FLORIDA CHANGES

This endorsement modifies insurance provided under the following: 

COMMERCIAL PROPERTY COVERAGE PART 

CP 01 25 07 08 Page 1 of 2

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

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 caused by

windstorm 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.

© Insurance Services Office, Inc., 2008

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

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 judgment;

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

Policy Number:

MPC0601153

Insured

Case 4:20-cv-00398-MW-MAF Document 1-3 Filed 08/07/20 Page 87 of 147
(c) A claim for contents coverage under

a tenant's 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 E.1. through E.4.; and coverage for

Catastrophic Ground Cover Collapse is added instead

as set forth in Paragraph F.

1. 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 Causes 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 Causes 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

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 an

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

this policy.

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

Covered Cause Of Loss. In the Causes Of Loss – Special Form and Mortgageholders Errors And

Omissions Coverage Form, the following is also

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

"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 be 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 this 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 includes

a requirement that the described premises are not

more than one mile from the damaged property.

With respect to described premises located 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.

CP 01 25 07 08 © Insurance Services Office, Inc., 2008 Page 2 of 2

Insured

Case 4:20-cv-00398-MW-MAF Document 1-3 Filed 08/07/20 Page 88 of 147
A. The exclusion in Paragraph B. replaces the Water

Exclusion in this Coverage Part or Policy.

B. 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).

© Insurance Services Office, Inc., 2008 

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

This endorsement modifies insurance provided under the following: 

COMMERCIAL PROPERTY COVERAGE PART 

STANDARD PROPERTY POLICY 

Policy Number:

WATER EXCLUSION ENDORSEMENT

CP 10 32 08 08 Page 1 of 1

MPC0601153

Insured

Case 4:20-cv-00398-MW-MAF Document 1-3 Filed 08/07/20 Page 89 of 147
Occurrence means the total loss or damage caused by a distinct, single incidence of a peril or combination of perils

insured against, except:

A. For a single atmospheric disturbance including tornado, cyclone, hurricane, windstorm, hail, tropical storm or cyclone,

typhoon, hail and winter storm/freeze, an occurrence is limited to the total of all losses, damage, or expenses sustained or commencing during a continuous 144 hour period;

B. For riot, riot attending a strike and civil commotion an occurrence is limited to the total of all losses, damage or expenses sustained or commencing during a continuous 96 hour period.

In reference to items A. and B. above, you may decide when the applicable continuous number of hour period begins.

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

Policy Number:

CPR 2117 (08/15) Page 1 of 1

DEFINITION OF OCCURRENCE

ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED.

MPC0601153

Insured

Case 4:20-cv-00398-MW-MAF Document 1-3 Filed 08/07/20 Page 90 of 147
This endorsement replaces any existing terms and/or exclusions regarding pollution liability within this policy. 

We will not pay for loss, damage, cost or expense caused directly or indirectly by any of the following. Such loss, damage, cost or expense is excluded regardless of any other cause or event that contributes concurrently or in any sequence

to the loss: 

A. Property damage arising out of the actual, alleged or threatened discharge, dispersal, release or escape of "pollutants," or contaminants;

1. At or from premises owned, leased, rented or occupied by you,

2. At or from any site or location used by or for you or others for the handling, storage, disposal, processing or treatment of waste,

3. Which are at any time transported, handled, stored, treated, disposed of or processed as waste by or for you or

any person or organization for whom you may be legally responsible, or,

4. At or from any site or location on which you or any contractors or subcontractors working directly or indirectly on

your behalf are performing operations;

a. If the "pollutants" are brought on or to the site or location in connection with such operations, or

b. If the operations are to test for, monitor, clean up, remove, contain, treat, detoxify or neutralize the "pollutants."

B. Any loss, damage, cost or expense arising out of any governmental direction or request that you test for, monitor,

clean up, treat, remove, detoxify or neutralize "pollutants" or in any way respond to or assess the effects of

"pollutants."

This includes loss or damage caused by or resulting from contributing to or made worse by actual, alleged or threatened

release, discharge, escape or dispersal of contaminants and/or pollutants, all of which direct or indirect, proximate or remote, or in whole or in part, caused by, contributed to, or aggravated by any damage insured by the policy. 

"Pollutants" means any solid, liquid, gaseous or thermal irritant or contaminant, including smoke, vapor, soot, fumes,

acids, alkalis, chemicals and waste. In addition to "pollutants" to be disposed of, waste also includes materials to be recycled, reconditioned or reclaimed. It also includes any material which after its release, dispersal or discharge, can cause

or threaten damage to human health and/or human welfare, or causes or threatens damage, deteriorations, loss of value,

marketability and/or loss of use, to insured property; including, but not limited to bacteria, fungi, virus, or hazardous substances as listed in the Federal Pollution Control Act, Clean Air Act, Resource Conservation and Recovery Act of 1976

and/or Toxic Substances Control Act or as designated by the U.S. Environmental Protection Agency.

ABSOLUTE POLLUTION EXCLUSION ENDORSEMENT

Policy Number:

ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED. 

CPR 2133 (10/01) Page 1 of 1

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

MPC0601153

Insured

Case 4:20-cv-00398-MW-MAF Document 1-3 Filed 08/07/20 Page 91 of 147
It is understood and agreed that if form CP 00 90 is attached and made a part of this policy, Paragraph E. Liberalization

is deleted.

It is further understood and agreed that if form CP 00 99 is attached and made a part of this policy, Paragraph 6.

Liberalization under Section H. Additional Conditions is deleted.

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

Policy Number:

CPR 2165 (04/13) Page 1 of 1

LIBERALIZATION CLAUSE ENDORSEMENT

ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED.

MPC0601153

Insured

Case 4:20-cv-00398-MW-MAF Document 1-3 Filed 08/07/20 Page 92 of 147
EXCLUSION OF CERTAIN COMPUTER RELATED LOSSES

THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED. PLEASE READ IT CAREFULLY.

A. We will not pay for loss or damage, whether direct or indirect, to "electronic data processing equipment":

1. Arising from "computer virus" and/or "computer hacking";

2. Caused by the transfer or delivery of covered property from a covered location or your computer to a person or

place outside of a covered location on the basis of unauthorized or fraudulent instructions, including but not

limited to instructions transmitted by a computer, whether or not owned by you, or via any telecommunications

transmission method;

3. Arising from costs to research, replace or restore the information contained on electronic or magnetic media;

4. Arising from electrical disturbance including electrical or magnetic damage, disturbance of electronic recordings,

or erasure of electronic recordings;

5. Arising from power supply disturbance including interruption of power supply, power surge, blackout, or brownout;

6. During the period when your business is interrupted as a result of loss to your web site operation whether or not

maintained or operated by you and whether or not located at the described premises;

7. Arising from the failure, malfunction or inadequacy of:

a. Such "electronic data processing equipment" whether belonging to you or to others;

b. Any products, and any services, data or functions that directly or indirectly use or rely on, in any manner, such

"electronic data processing equipment" due to the inability to correctly recognize, process, distinguish,

interpret, or accept one or more dates or times. An example is the inability of computer software to recognize

the year 2000; and/or

8. Arising from any advice, consultation, design, evaluation, inspection, installation, maintenance, repair,

replacement or supervision provided or done by you or for you to determine, rectify or test for, any potential or

actual problems described in this endorsement.

Such loss or damage is excluded regardless of any other cause or event that contributes concurrently or in any

sequence to the loss or damage.

B. However, if direct physical loss or damage from a covered peril results, then subject to all of its terms and conditions,

we will only pay for the resulting direct physical loss or damage.

C. Claims for resulting physical loss or damage at multiple locations will constitute a separate occurrence at each

location.

D. DEFINITIONS

1. "Computer virus" means the introduction into a computer of any self-replicating electronic data processing code or

other code that is intended to:

a. Result in the deletion, destruction, generation, or modification of data;

Policy Number:

CPR 2188 (12/10) Page 1 of 2

MPC0601153

Insured

Case 4:20-cv-00398-MW-MAF Document 1-3 Filed 08/07/20 Page 93 of 147
b. Alter, contaminate, corrupt, degrade, or destroy the integrity, quality, or performance of data;

c. Damage, destroy, or cause malfunction, inadequacy, degradation, or corruption of any hardware or

processing, recording, or storage media used with hardware; or

d. Deny access to or services from your computer, your computer network or web site.

2. "Computer hacking" means an unauthorized intrusion by an individual or group of individuals, whether employed

by you or not, into a computer or computer network that can:

a. Result in the deletion, destruction, generation, or modification of data;

b. Alter, contaminate, corrupt, degrade, or destroy the integrity, quality, or performance of data;

c. Result in the scanning or copying of data;

d. Cause damage, destruction, inadequacy, malfunction, degradation, or corruption of any hardware or

processing, recording, or storage media used with hardware; or

e. Result in the denial of access to or denial of services from your computer, your computer network, or web site.

3. "Electronic data processing equipment" includes the following items:

a. Computer hardware, including microprocessors;

b. Computer application software;

c. Computer operating systems and related software;

d. Computer networks;

e. Microprocessors (computer chips) not part of any computer system;

f. Any other computerized or electronic equipment or components; or

g. 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 items a. through f. above. This includes any advice, consultation, design,

evaluation, inspection, installation, maintenance, repair, replacement or supervision provided or done by you

or for you to determine, rectify or test for, any potential problems with items listed in a. through f. above.

ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED. 

CPR 2188 (12/10) Page 2 of 2

Insured

Case 4:20-cv-00398-MW-MAF Document 1-3 Filed 08/07/20 Page 94 of 147
1. We will not pay for loss, damage, cost or expense caused directly or indirectly by "terrorism" including "certified acts of

terrorism," as defined in the Terrorism Risk Insurance Act, as amended, unless specifically provided by endorsement

to this policy or any action taken to control, prevent, or suppress terrorism. Such loss, damage, cost or expense is

excluded regardless of any other cause or event that contributes concurrently or in any sequence to this loss.

2. The following definition is added and applies under this endorsement wherever the term "terrorism" is used.

"Terrorism" means activities against persons, organizations or property of any nature:

A. That involve the following or preparation for the following:

1. Use or threat of force or violence; or

2. Commission or threat of a dangerous act; or

3. Commission or threat of an act that interferes with or disrupts an electronic, communication, information, or

mechanical system; and

B. When one or both of the following applies:

1. 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

2. It appears that the intent is to intimidate or coerce a government, or to further polictical, ideological, religious,

social or economic objectives or to express (or express opposition to) a philosophy or ideology.

3. Fire Exception

The following provision applies only where relevant state law requires coverage for fire losses resulting from acts of

terrorism, and where a premium for such has been paid.

If an act of terrorism results in fire, we will pay for the loss or damage caused by that fire. This exception for fire

applies only to direct loss or damage by fire to covered property. This exception does not apply to coverage for

business income, extra expense, or fire legal liability.

4. Neither the terms of this endorsement nor the terms of any other terrorism endorsement attached to this policy

provide coverage for any loss that would otherwise be excluded by this policy under:

A. Exclusions that address war, military action, or nuclear hazard; or

B. Any other exclusion.

5. The absence of any other terrorism endorsement does not imply coverage for any loss that would otherwise be excluded by this policy under:

A. Exclusions that address war, military action, or nuclear hazard; or

B. Any other exclusion.

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

Policy Number:

CPR 2230 (03/08) Page 1 of 1

 TERRORISM EXCLUSION 

ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED.

MPC0601153

Insured

Case 4:20-cv-00398-MW-MAF Document 1-3 Filed 08/07/20 Page 95 of 147
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

This policy is changed to include the following even though the item(s) listed may be excluded elsewhere in this policy:

ADDITIONAL COVERED PROPERTY ENDORSEMENT

ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED. 

Policy Number:

CPR 2237 (08/03) Page

MPC0601153

1 of 1

Insured

Light Poles

Case 4:20-cv-00398-MW-MAF Document 1-3 Filed 08/07/20 Page 96 of 147
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

A. COVERED PROPERTY

We will pay for direct physical loss caused by a Covered Cause of Loss to Covered Property described in the

Declarations while in due course of "transit" including loading and unloading.

1. If property described in the Declarations includes property of others, we only cover property of others to the extent

of your legal liability for direct physical loss caused by a covered peril.

2. We only cover loading and unloading if the described property is loaded from or unloaded onto a sidewalk, street,

loading dock, or similar area that is adjacent to the indicated mode of transportation.

B. PROPERTY NOT COVERED

1. Objects of art, antiques, or fur garments.

2. Property of others that you are responsible for as a carrier for hire or an arranger of transportation. This includes

carloader, consolidator, broker, freight forwarder, or shipping association.

3. Contraband or property in the course of illegal transportation or trade.

4. Exported or imported property that is covered under any ocean marine cargo policy that anyone has obtained to

cover exports or imports or while on an ocean or air conveyance.

5. Jewelry, precious or semi-precious stones, gold, silver, platinum, or other precious metals or alloys.

6. Property for which you are contractually liable under a lease agreement with any transportation carrier.

7. Animals including cattle or poultry unless death is caused or made necessary by a Covered Cause of Loss.

8. Mail shipments in the custody of the U.S. Postal Service.

9. Accounts, bills, currency, food stamps, or other evidences of debt, lottery tickets not held for sale, money, notes, or

securities.

10. Samples while in the custody of a sales representative.

11. Property held in storage.

C. LIMIT OF INSURANCE

We will not, in any case, pay more than the Per Occurrence Loss Limit shown in the Declarations in one disaster,

casualty, or event, no matter how many locations and/or modes of transportation are involved.

D. VALUATION

1. The value of covered property is based on the following:

a. The value of covered property is based on the invoice amount plus accrued costs, pre-paid charges, and

charges since shipment.

PROPERTY IN TRANSIT ENDORSEMENT

CPR 2252 (07/04) Page 1 of 2

Policy Number:

MPC0601153

Insured

Case 4:20-cv-00398-MW-MAF Document 1-3 Filed 08/07/20 Page 97 of 147
ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED. 

b. In the absence of an invoice the value of covered property will be based on the actual cash value at the time of

loss (with a deduction for depreciation).

2. The value of a lost or damaged article which is part of a pair or set is based on a reasonable proportion of the

value of the entire pair or set. The loss is not considered a total loss of the pair or set.

3. The value of a lost or damaged part of an item that consists of several parts when it is complete is based on the

value of only the lost or damaged part or the cost to repair or replace it.

E. ADDITIONAL CONDITION

You may accept bills of lading or shipping receipts issued by carriers for hire that limit their liability to less than the

actual cash value of the covered property.

F. DEFINITION

"Transit" means the shipment of covered property by you and the shipment:

1. Begins at the point of transport where you accept property into your care, custody, or control for the transportation

of the property to a specific destination;

2. Includes the ordinary, reasonable, and necessary stops, interruptions, delays, or transfers incidental to the route

and method of shipment, including rest periods taken by the driver(s); and

3. Ends upon acceptance of the goods by or on behalf of the consignee at the specified destination.

CPR 2252 (07/04) Page 2 of 2

Insured

Case 4:20-cv-00398-MW-MAF Document 1-3 Filed 08/07/20 Page 98 of 147
ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED. 

FIRE DEPARTMENT SERVICE CHARGES ENDORSEMENT

Policy Number:

CPR 2261 (09/04) Page 1 of 1

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

When made a part of this policy, this endorsement replaces any Fire Department Service Charge wording that may appear

elsewhere in this policy.

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

your fire department service charges that are:

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

2. Required by local ordinance.

B. The most we will pay for this coverage under this endorsement in any one loss is the amount specifically stated in the

Declarations. This Limit of Insurance is part of, and not in addition to, the Per Occurrence Loss Limit shown in the

Declarations.

MPC0601153

Insured

Case 4:20-cv-00398-MW-MAF Document 1-3 Filed 08/07/20 Page 99 of 147
ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED. 

UNNAMED LOCATIONS EXTENSION

Policy Number:

CPR 2263 (11/04) Page 1 of 1

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

This policy is extended to cover direct physical loss or damage to your Covered Property from a Covered Cause of Loss

when that Covered Property is at a location(s) other than described in this policy.

The most we will pay for coverage under this endorsement in any one loss is the amount specifically stated for Unnamed

Locations in the Declarations. This Limit of Insurance is part of, and not in addition to, the Per Occurrence Loss Limit

shown in the Declarations.

 

MPC0601153

Insured

Case 4:20-cv-00398-MW-MAF Document 1-3 Filed 08/07/20 Page 100 of 147
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

Policy Number:

CPR 2274 (04/12) Page 1 of 1

MINIMUM EARNED PREMIUM ENDORSEMENT

ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED.

This endorsement changes Cancellation conditions elsewhere in the policy as follows:

If you cancel this policy, the earned premium will be calculated as follows:

(1)

(2)

MPC0601153

If the abbreviated term provides coverage for less than 50 days during the period June 1 through November 1, the

premium earned for the policy term will be calculated as per the policy Cancellation terms but subject to a minimum

earned premium of 35% of the annual policy premium or $5,786, whichever is greater.

If the abbreviated term provides coverage for 50 or more days during the period June 1 through November 1, the

premium earned for the policy term will be calculated as per the policy Cancellation terms but subject to a minimum

earned premium of 100% of the annual policy premium or $16,532, whichever is greater.

Insured

Case 4:20-cv-00398-MW-MAF Document 1-3 Filed 08/07/20 Page 101 of 147
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

Policy Number:

CPR 2276 (04/12) Page 1 of 1

NON-PAYMENT OF PREMIUM

ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED.

Your failure to make a timely payment of any premium due either at inception of this policy or for any subsequent

endorsement will be considered a request by you to us to cancel the policy.

If we cancel for non-payment of premium, the minimum earned premium, as determined by the Minimum Earned Premium

Endorsement included in this policy, will be immediately due and payable.

At our discretion, we may consider reinstating coverage if you pay us the full amount of premium due prior to the effective

date of cancellation.

However, payment of overdue premium by you will not guarantee the reinstatement of coverage. Should we decide not to

reinstate coverage, any unearned premium will be refunded accordingly.

MPC0601153

Insured

Case 4:20-cv-00398-MW-MAF Document 1-3 Filed 08/07/20 Page 102 of 147
ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED. 

We will not pay for loss, damage, cost, or expense directly or indirectly from:

1) The use or threatened use of nuclear, biological, chemical, radioactive substances or the like, however caused.

2) The accidental discharge of nuclear, biological, chemical, radioactive substances or the like, however caused.

Policy Number:

NUCLEAR, BIOLOGICAL, CHEMICAL OR RADIOACTIVE EXCLUSION

CPR 2281 (12/14) Page 1 of 1

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

MPC0601153

Insured

Case 4:20-cv-00398-MW-MAF Document 1-3 Filed 08/07/20 Page 103 of 147
ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED. 

A. The following applies with respect to loss or damage by wind and/or hail to any building and/or structure covered

under this policy unless otherwise indicated below:

We will not pay for cosmetic damage to roof surfacing caused by wind and/or hail.

For the purpose of this endorsement:

1. Cosmetic damage means that the wind and/or hail caused marring, pitting or other superficial damage that altered

the appearance of the roof surfacing, but such damage does not prevent the roof from continuing to function as a

barrier to entrance of the elements to the same extent as it did before the cosmetic damage occurred.

2. Roof surfacing refers to the shingles, tiles, cladding, metal or synthetic sheeting or similar materials covering the

roof and includes all materials used in securing the roof surface and all materials applied to or under the roof

surface for moisture protection, as well as roof flashing.

Exceptions to the above are as follows:

Policy Number:

EXCLUSION OF COSMETIC DAMAGE TO ROOF SURFACING

CPR 2282 (02/15) Page 1 of 1

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

MPC0601153

Insured

Case 4:20-cv-00398-MW-MAF Document 1-3 Filed 08/07/20 Page 104 of 147
ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED. 

Policy Number:

FIRE PROTECTION EQUIPMENT RECHARGE ENDORSEMENT

CPR 2284 (04/15) Page 1 of 1

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

MPC0601153

We will pay up to $5,000 for expenses incurred to recharge fire suppression systems or extinguishers when such systems

or extinguishers are discharged to fight a hostile fire on the covered premises or if discharged due to another covered

cause of loss. No deductible applies to this coverage.

Insured

Case 4:20-cv-00398-MW-MAF Document 1-3 Filed 08/07/20 Page 105 of 147
ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED. 

Policy Number:

INCREASED PERIMETER OF COVERAGE ENDORSEMENT

CPR 2285 (04/15) Page 1 of 1

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

MPC0601153

The Building and Personal Coverage Form, CP-0010, is amended to increase the distance referenced in Section A, item

1, Covered Property, Your Business Personal Property, as well as the Personal Property of Others item, from 100 feet to

1,000 feet.

Insured

Case 4:20-cv-00398-MW-MAF Document 1-3 Filed 08/07/20 Page 106 of 147
The following definition is added to this policy:

“Named storm” means a weather-related event involving wind that has been assigned a formal name by the National

Hurricane Center, National Weather Service, World Meteorological Organization or Central Pacific Hurricane Center. The

term “named storm” includes any organized weather system with a defined surface circulation that has maximum

sustained wind speeds of at least 39 miles per hour including tropical storms, hurricanes, tropical cyclones, typhoons and

all resultant atmospheric disturbance and weather phenomena. Under the terms of this definition, a “named storm” begins

at the time a warning is issued for the area in which the affected property is located and ends 24 hours after the

termination of the last watch or warning issued for that area by one of the above referenced entities. 

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

Policy Number:

CPR 2291 (08/15) Page 1 of 1

NAMED STORM DEFINITION

ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED.

MPC0601153

Insured

Case 4:20-cv-00398-MW-MAF Document 1-3 Filed 08/07/20 Page 107 of 147
Regardless of anything to the contrary in the policy to which this endorsement is attached, the following limitations apply

in reference to reporting of claims under this policy:

1. With respect to loss or damage caused by windstorm or hail, including any named storm, any claim must be filed with

us not later than one year after the date of the loss or damage that is the subject of the claim, except that a claim may

be filed after the first anniversary of the date of the loss or damage for good cause shown by the person filing the

claim; and

2. Any legal action brought against us under the policy for loss or damage caused by windstorm or hail must be brought

within the earlier of the following:

a. Two years and one day from the date we accept or reject the claim; or

b. Three years and one day from the date of the loss or damage that is the subject of the claim.

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

Policy Number:

CPR 2295 (02/16) Page 1 of 1

WINDSTORM OR HAIL LOSS REPORTING LIMITATION ADDENDUM

ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED.

MPC0601153

Insured

Case 4:20-cv-00398-MW-MAF Document 1-3 Filed 08/07/20 Page 108 of 147
No (re)insurer shall be deemed to provide cover and no (re)insurer shall be liable to pay any claim or provide any benefit

hereunder to the extent that the provision of such cover, payment of such claim or provision of such benefit would expose

that (re)insurer to any sanction, prohibition or restriction under United Nations resolutions or the trade or economic

sanctions, laws or regulations of the European Union, United Kingdom or United States of America.

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

Policy Number:

LMA 3100 (09/10) Page 1 of 1

SANCTION LIMITATION AND EXCLUSION CLAUSE

MPC0601153

Insured

Case 4:20-cv-00398-MW-MAF Document 1-3 Filed 08/07/20 Page 109 of 147
PLEASE READ CAREFULLY – This affects your Insurers’ participation in your policy.

The liability of an insurer under this contract is several and not joint with other insurers party to this contract. An insurer is

liable only for the proportion of liability it has underwritten. An insurer is not jointly liable for the proportion of liability

underwritten by any other insurer. Nor is an insurer otherwise responsible for any liability of any other insurer that may

underwrite this contract. 

The proportion of liability under this contract underwritten by an insurer (or, in the case of a Lloyd’s syndicate, the total of

the proportions underwritten by all the members of the syndicate taken together) is shown in this contract. 

In the case of a Lloyd’s syndicate, each member of the syndicate (rather than the syndicate itself) is an insurer. Each

member has underwritten a proportion of the total shown for the syndicate (that total itself being the total of the

proportions underwritten by all the members of the syndicate taken together). The liability of each member of the

syndicate is several and not joint with other members. A member is liable only for that member’s proportion. A member is

not jointly liable for any other member’s proportion. Nor is any member otherwise responsible for any liability of any other

insurer that may underwrite this contract. The business address of each member is Lloyd’s, One Lime Street, London

EC3M 7HA. The identity of each member of a Lloyd’s syndicate and their respective proportion may be obtained by writing

to Market Services, Lloyd’s, at the above address. 

Although reference is made at various points in this clause to “this contract” in the singular, where the circumstances so

require this should be read as a reference to contracts in the plural. 

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

Policy Number:

LMA 5096 (03/08) Page 1 of 1

SEVERAL LIABILITY CLAUSE

MPC0601153

Insured

Case 4:20-cv-00398-MW-MAF Document 1-3 Filed 08/07/20 Page 110 of 147
and that in any suit instituted against any one of them upon this contract, Underwriters will abide by the final decision of

such Court or of any Appellate Court in the event of an appeal.

The above-named are authorized and directed to accept service of process on behalf of Underwriters in any such suit

and/or upon the request of the Insured (or Reinsured) to give a written undertaking to the Insured (or Reinsured) that they

will enter a general appearance upon Underwriters' behalf in the event such a suit shall be instituted.

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

Underwriters hereon hereby designate the Superintendent, Commissioner or Director of Insurance or other officer

specified for that purpose in the statute, or his successor or successors in office, as their true and lawful attorney upon

whom may be served any lawful process in any action, suit or proceeding instituted by or on behalf of the Insured (or

Reinsured) or any beneficiary hereunder arising out of this contract of insurance (or reinsurance), and hereby designate

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

Messrs, Mendes & Mount

750 Seventh Avenue

New York, New York 10019-6829

USA

It is agreed that in the event of the failure of the Underwriters hereon to pay any amount claimed to be due hereunder, the

Underwriters hereon, at the request of the Insured (or Reinsured), will submit to the jurisdiction of a Court of competent

jurisdiction within the United States. Nothing in this Clause constitutes or should be understood to constitute a waiver of

Underwriters' 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.

It is further agreed that service of process in such suit may be made upon 

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

Policy Number:

NMA 1998 (04/86) Page 1 of 1

SERVICE OF SUIT CLAUSE (U.S.A.)

MPC0601153

Insured

Case 4:20-cv-00398-MW-MAF Document 1-3 Filed 08/07/20 Page 111 of 147
RIL 099C (11/16) Page 1 of 1

It is understood and agreed that in the event of the failure of the Company to pay any amount claimed to be due hereunder, the Company, at the request of the Named Insured, will submit to the jurisdiction of a court of competent

jurisdiction within the United States of America. The foregoing shall not constitute a waiver of the right of the Company to

remove, remand or transfer such suit to any other court of competent jurisdiction in accordance with the applicable

statutes of the state or United States pertinent hereto. In any suit instituted against them upon this contract, the Company

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

It is further agreed that service of process in such suit may be made upon the Superintendent, Commissioner, or Director

of Insurance or other person specified for that purpose in the statute or his successor or successors in office as their true

and lawful attorney upon whom may be served any lawful process in any action, suit, or proceeding instituted by or on

behalf of the Named Insured or any beneficiary hereunder arising out of this contract of insurance.

The Company hereby designates Craig W. Kliethermes, President, 

9025 N. Lindbergh Drive, Peoria, Illinois 61615 as the person to whom the said Superintendent, Commissioner, or

Director of Insurance is authorized to mail such process or a true copy thereof, in compliance with the applicable statutes

governing said service of process in the state or jurisdiction in which a cause of action under this contract of insurance

arises.

SERVICE OF SUIT ENDORSEMENT

ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED.

RLI Underwriting Services, Inc.

Policy Number:

RLI Underwriting Services, Inc.

Peoria, Illinois 61615

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

MPC0601153

Insured

Case 4:20-cv-00398-MW-MAF Document 1-3 Filed 08/07/20 Page 112 of 147
Any person who knowingly and with intent to defraud any insurance company or other person

files an application for insurance or statement of claim containing any materially false,

incomplete, or misleading information, or conceals information concerning any material fact

thereto, commits a fraudulent insurance act, which is a crime punishable by incarceration, and

shall also be subject to civil penalties.

ATTENTION POLICYHOLDER:

KEEP THIS NOTICE WITH YOUR INSURANCE PAPERS

RIL 200C (07/98) Page 1 of 1

RLI Underwriting Services, Inc.

Peoria, Illinois 61615

Policy Number:

MPC0601153

Insured

Case 4:20-cv-00398-MW-MAF Document 1-3 Filed 08/07/20 Page 113 of 147
Page 1 of 6

IN THE CIRCUIT COURT OF THE 2

nd

JUDICIAL CIRCUIT IN AND FOR 

LEON COUNTY, FLORIDA

HARI OM HARI, INC. DBA LA CASA

INN & SUITES, CASE NO.:

Plaintiff,

v.

MT HAWLEY INSURANCE COMPANY,

Defendant.

__________________________________/

PLAINTIFF’S FIRST REQUESTS FOR PRODUCTION TO DEFENDANT

COMES NOW, Plaintiff, HARI OM HARI, INC. DBA LA CASA INN & SUITES,

through the undersigned counsel, and hereby files its First Requests for Production to Defendant,

MT HAWLEY INSURANCE COMPANY:

1. A certified copy of the subject insurance policy, including any and all

endorsements, addendums, attachments and enclosures.

2. Any and all applications for any and all insurance with the Defendant, including

the subject insurance policy, including any photographs taken in the underwriting policy.

3. The complete underwriting file for the subject insurance policy.

4. Any and all checks, drafts, documents, items, notices, pamphlets, questionnaires,

surveys, and/or instruments evidencing payment to the Plaintiff and/or the Plaintiff’s

representatives for the subject claim. (note this includes, but it not limited to, any

correspondences, letters, reports, and/or estimates enclosed or attached with payment).

5. Any and all recorded statements, whether by a named insured, additional insured,

or behalf of the insured for the subject claim.

Filing # 110273533 E-Filed 07/15/2020 12:28:53 PM Case 4:20-cv-00398-MW-MAF Document 1-3 Filed 08/07/20 Page 114 of 147
Page 2 of 6

6. Any and all recorded statements Defendant relied upon in making a coverage

determination for the subject claim.

7. Any and all recorded statements of the Plaintiff taken over the past 3 years.

8. Any reports discussing any damages and/or the lack of damages to the subject

property.

9. Any and all notes and/or reports reflecting any statements of the Plaintiff and/or

the Plaintiff’s representatives in reference to the subject claim.

10. Any and all notes and/or reports reflecting any statements of the Plaintiff and/or

the Plaintiff’s representatives that Defendant relied upon and/or considered in making a coverage

decision for the subject claim.

11. Any and all examinations under oaths taken for the subject claim.

12. Any and all statements contemplated by Fla. Stat.§ 92.33, whether by Plaintiff,

additional insured, or on behalf of the Plaintiff.

13. Any and all photographs of the subject property taken prior to the subject loss

date.

14. Any and all photographs of the subject property taken after the subject loss date.

15. Any and all photographs taken in reference to the subject claim.

16. Any and all photographs that Defendant and/or its representatives relied upon

and/or considered in making a coverage determination for the subject claim.

17. Any and all photographs taken on behalf of the Defendant and/or its

representatives for any subsequent insurance claims.

18. Any and all reports taken on behalf of the Defendant and/or its representatives for

any subsequent insurance claims.

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Page 3 of 6

19. Any and all video taken for the subject claim by Defendant and/or its

representatives.

20. Any and all correspondences, emails, text messages and/or communications sent

by the Defendant in reference to the subject claim.

21. Any and all correspondences, emails, text messages and/or communications sent

by the Defendant in reference to the subject insurance policy.

22. Any and all correspondences, emails, text messages and/or communications

received by the Defendant in reference to the subject claim.

23. Any and all correspondences, emails, text messages and/or communications

received by the Defendant in reference to the subject insurance policy.

24. Any estimates prepared by Defendant and/or on Defendant’s behalf for the

subject claim.

25. Any estimates prepared by Defendant and/or on Defendant’s behalf for any

subsequent insurance claims.

26. Any estimates Defendant received in reference to the subject claim.

27. Any and all communications between Defendant and any individual who

inspected the subject property on Defendant’s behalf.

28. Any and all reports prepared by any individual who inspected the subject property

on Defendant’s behalf.

29. Any and all invoices for any individual who inspected the subject property on

Defendant’s behalf.

30. Any requests for a sworn proof of loss for the subject claim.

31. Any requests for an examination under oath for the subject claim.

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Page 4 of 6

32. Any requests for compliance with any post loss obligation under the subject

policy in reference to the subject claim.

33. Any documents communicating a coverage decision to the Plaintiff for the subject

claim.

34. Any receipts and/or invoices for repairs in reference to the subject claim.

35. Documents relating to the initial inspection and/or appraisal for the original

inception of the subject insurance policy, including any reports such as a “four point” inspection.

36. Any reservation of rights letter(s) sent by the Defendant and/or on Defendant’s

behalf in reference to the subject claim.

37. Any documentation evidencing the credentials and/or licensing information for

any individual who inspected the subject property in reference to the subject claim.

38. Any documentation evidencing the credentials and/or licensing information for

any individual on behalf of the Defendant who communicated with the Plaintiff and/or to an

individual on the Plaintiff’s behalf for the subject claim.

39. Any estimate that Defendant and/or a representative of Defendant has prepared

for the subject property for the past 5 years.

40. Any estimate that Defendant and/or a representative of Defendant has prepared

for the subject property for the past 3 years.

41. Any and all communications and/or contracts Defendant received on behalf of the

Plaintiff for the subject claim.

42. Any estimates, contracts and/or proposals Defendant received from Plaintiff

and/or on Plaintiff’s behalf for the subject claim.

43. Any requests for appraisal submitted by anyone for the subject claim.

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Page 5 of 6

44. If Defendant claims the claimed damages were pre-existing, any documents that

support this assertion.

45. If Defendant claims the claimed damages were long term, any documents that

support this assertion.

46. If Defendant claims the claimed damages were due to wear and tear, any

documents that support this assertion.

47. Any documents reflecting Defendant invoking its option to repair under the

policy.

48. Any documents that support the affirmative defenses asserted by Defendant.

49. Any and all documents relating to any alleged material misrepresentation(s)

regarding the subject claim.

50. Any and all documents relating to any alleged failure to cooperate of the Plaintiff

regarding the subject claim.

51. Any and all documents the Defendant relied upon and/or considered in making a

coverage decision for the subject claim.

52. Any reports from any person retained by the Defendant to evaluate the damages at

the subject property for the subject claim.

53. Any documents in reference to any prior insurance claim(s) that Defendant is

relying upon in adjusting the subject insurance claim.

54. Any documents in reference to any prior insurance claim(s) made by the Plaintiff

for the last 10 years.

55. Any documents in reference to any prior insurance claim(s) made by the Plaintiff

for the last 5 years.

Case 4:20-cv-00398-MW-MAF Document 1-3 Filed 08/07/20 Page 118 of 147
Page 6 of 6

56. Any evidence of the subject insurance policy being provided to Plaintiff from the

time of the reporting of the subject insurance claim until the time of the filing of this action.

57. Any evidence of the subject property showing that permits are not necessary in

order to complete the repairs.

58. Any documentation showing Defendant accepted and retained the deductible

payment made by Plaintiff.

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a certified copy of the foregoing has been served on

Defendant.

KANNER & PINTALUGA, P.A.

Attorneys for Plaintiffs

925 S. Federal Highway, Sixth Floor

Boca Raton, FL 33432

Phone: (561) 424-0032

Fax: (561) 853-2188

Court Phone Number: (1-888) 824-7834

Email: aaltman@kpattorney.com

salexandre@kpattorney.com

FirstPartyEService@kpattorney.com

By:_/s/ Alexis Altman .

MAX M. MESSINGER, ESQ.

Florida Bar No.: 69988

ALEXIS ALTMAN, ESQ.

Florida Bar No.: 0105040

Case 4:20-cv-00398-MW-MAF Document 1-3 Filed 08/07/20 Page 119 of 147
Page 1 of 4

IN THE CIRCUIT COURT OF THE 2

nd

JUDICIAL CIRCUIT IN AND FOR 

LEON COUNTY, FLORIDA

HARI OM HARI, INC. DBA LA CASA

INN & SUITES, CASE NO.:

Plaintiff,

v.

MT HAWLEY INSURANCE COMPANY,

Defendant.

__________________________________/

PLAINTIFF’S FIRST REQUEST FOR ADMISSIONS TO DEFENDANT

COMES NOW, Plaintiff, HARI OM HARI, INC. DBA LA CASA INN & SUITES,

through the undersigned counsel, and hereby files its First Request for Admissions to Defendant,

MT HAWLEY INSURANCE COMPANY:

1. Please admit Defendant found that under insurance policy number MPC0601153,

Plaintiff’s claim, assigned claim number 00461933, was determined to be caused by a covered

cause of loss.

2. Please admit Defendant found that insurance policy number MPC0601153 did not

provide coverage for any portion Plaintiff’s claim, assigned claim number 00461933.

3. Please admit Defendant has not issued payment for claim number 00461933 to the

Plaintiff prior to the initiation of this lawsuit.

4. Please admit that any payment issued by Defendant to Plaintiff under claim

number 00461933 prior to the initiation of this action did not include any amount for overhead

and profit.

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Page 2 of 4

5. Please admit Defendant’s pre-suit estimate under insurance policy MPC0601153

for claim number 00461933 was insufficient to provide the actual cash value of the repairs

needed to return the insured property to its pre-loss condition.

6. Please admit the adjuster whose services Defendant employed to inspect the

insured property relating to claim number 00461933 did not have a Florida adjuster’s license at

the time of the inspection.

7. Please admit Defendant does not know the credentials of any adjuster who

inspected the insured property for claim number 00461933.

8. Please admit Defendant did not have a licensed contractor inspect Plaintiff’s

property for claim number 00461933 prior to the initiation of this lawsuit.

9. Please admit Defendant did not have a Florida-licensed General Contractor

inspect Plaintiff’s property for claim number 00461933 prior to the initiation of this lawsuit.

10. Please admit Defendant did not have a Florida-licensed roofer examine Plaintiff’s

property for claim number 00461933 prior to the initiation of this lawsuit.

11. Please admit the individual who prepared the repair estimate/report Defendant

relied upon for its coverage and/or payment determinations in claim number 00461933 lacks the

licenses required by Florida Statutes to perform the construction and repair services said

individual included in his/her estimate.

12. Please admit that the repair estimate/report Defendant relied upon for its coverage

and/or payment determinations in claim number 00461933 includes the unmodified prices

provided by the Xactimate software price lists.

13. Please admit Defendant did not request an examination under oath of Plaintiff for

claim number 00461933 prior to the initiation of this action.

Case 4:20-cv-00398-MW-MAF Document 1-3 Filed 08/07/20 Page 121 of 147
Page 3 of 4

14. Please admit Defendant did not request a sworn proof of loss for claim number

00461933 prior to the initiation of this action.

15. Please admit Defendant did not offer to make any repairs at the subject property

under claim number 00461933 prior to the initiation of this action.

16. Please admit Defendant did not request a recorded statement of Plaintiff for claim

number 00461933.

17. Please admit that it will be necessary to acquire building permits in order to

complete the repairs outlined by the Defendant’s adjuster’s repair estimate for the subject

property under claim number 00461933.

18. Please admit Defendant invoked its option to repair under the contract. 

19. Please admit Defendant voluntarily accepted and retained the full deductible

payment made by Plaintiff, and thereafter refused to restore the subject property back to its preloss condition.

 

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a certified copy of the foregoing has been served on

Defendant.

KANNER & PINTALUGA, P.A.

Attorneys for Plaintiffs

925 S. Federal Highway, Sixth Floor

Boca Raton, FL 33432

Phone: (561) 424-0032

Fax: (561) 853-2188

Court Phone Number: (1-888) 824-7834

Email: aaltman@kpattorney.com

salexandre@kpattorney.com

FirstPartyEService@kpattorney.com

By:_/s/ Alexis Altman .

MAX M. MESSINGER, ESQ.

Florida Bar No.: 69988

Case 4:20-cv-00398-MW-MAF Document 1-3 Filed 08/07/20 Page 122 of 147
Page 4 of 4

ALEXIS ALTMAN, ESQ.

Florida Bar No.: 0105040

Case 4:20-cv-00398-MW-MAF Document 1-3 Filed 08/07/20 Page 123 of 147
Page 1 of 9

IN THE CIRCUIT COURT OF THE 2

nd

JUDICIAL CIRCUIT IN AND FOR 

LEON COUNTY, FLORIDA

HARI OM HARI, INC. DBA LA CASA

INN & SUITES, CASE NO.:

Plaintiff,

v.

MT HAWLEY INSURANCE COMPANY,

Defendant.

__________________________________/

PLAINTIFF’S NOTICE OF SERVICE OF FIRST INTERROGATORIES

TO DEFENDANT

COMES NOW, Plaintiff, HARI OM HARI, INC. DBA LA CASA INN & SUITES,

through the undersigned counsel, and hereby files its First Set of Interrogatories to Defendant,

MT HAWLEY INSURANCE COMPANY, to be answered in writing and under oath within

forty-five (45) days after service hereof as provided by Florida Rule of Civil Procedure 1.340.

[Certificate of Service on Following Page]

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Page 2 of 9

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a certified copy of the foregoing has been served on

Defendant.

KANNER & PINTALUGA, P.A.

Attorneys for Plaintiffs

925 S. Federal Highway, Sixth Floor

Boca Raton, FL 33432

Phone: (561) 424-0032

Fax: (561) 853-2188

Court Phone Number: (1-888) 824-7834

Email: aaltman@kpattorney.com

salexandre@kpattorney.com

FirstPartyEService@kpattorney.com

By:_/s/ Alexis Altman .

MAX M. MESSINGER, ESQ.

Florida Bar No.: 69988

ALEXIS ALTMAN, ESQ.

Florida Bar No.: 0105040

Case 4:20-cv-00398-MW-MAF Document 1-3 Filed 08/07/20 Page 125 of 147
Page 3 of 9

PLAINTIFF’S FIRST INTERROGATORIES TO DEFENDANT

1. What is your name, address, and, if you are answering for someone else, your official

position or relationship with the party to whom the interrogatories are directed?

Answer:

2. Describe any and all policies of insurance which you contend cover or may cover the

allegations set forth in Plaintiff’s complaint, detailing as to such policies the name of the

insurer, the number of the policy, the available limits of liability, and the name and

address of the custodian of the policy.

Answer:

3. Please state if you contend the loss as alleged in the complaint is not covered under the

subject insurance policy as referenced in the complaint. If so, please state the specific

language in the insurance policy that you are relying upon as well as the facts to support

this policy language.

Answer:

4. Please state with specificity any conditions precedent or subsequent to the Plaintiff’s

claims that you contend have not been fulfilled by the Plaintiff, if any exist.

Answer:

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Page 4 of 9

5. Please state if any payments have been made for the claim as referenced in the complaint

to and/or on the behalf of the Plaintiff. If any payments have been made, please state the

date of the payments, who the payments were made to and the basis for the payments.

Answer:

6. State separately the facts upon which you rely on for each affirmative defense in your

Answer to the Plaintiff’s Complaint.

Answer:

7. List the names, addresses and telephone numbers of all persons who are believed or

known by you, your agents, or your attorneys to have any knowledge concerning any of

the issues in this lawsuit, and specify the subject matter about which the witness has

knowledge.

Answer:

8. Please state the amount of covered damages Defendant estimated for the subject

insurance claim prior to the initiation of this action. If no number was estimated, please

state the basis for such.

Answer:

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Page 5 of 9

9. Please provide a list of the names and current addresses of any and all individuals

employed by or agents of the Defendant who were in any way involved with the handling

of Plaintiff’s claim, including those individuals who inspected, photographed or

otherwise visited the subject property for any purpose after the subject date of loss but

prior to the institution of this litigation. Please also provide a short statement of the

persons knowledge and involvement.

Answer:

10. Please state any and all dates Defendant provided the subject insurance policy to Plaintiff

and/or Plaintiff’s representative. State how the policy was provided and who the policy

was provided. 

Answer:

11. For any and all policy defenses which you reasonably believe are available with regards

to the claim made by the Plaintiff herein: Describe in detail the factual and legal basis for

any such defenses and give complete names, residence addresses, business addresses, and

telephone numbers of each person believed or known by you, your agents or attorneys, to

have knowledge of the facts which would provide the basis for any such defense.

Answer:

12. For each denied or withheld payment for the subject claim listed above, state in detail the

legal ground and the factual basis upon which the claim was denied, the exact wording of

any policy provisions, or the exact wording of any statutory language or case law upon

which you base your denial or withholding of payment.

Answer:

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Page 6 of 9

13. Please state the name of any individual who inspected Plaintiff’s property for the subject

claim number, the date(s) of the inspection(s), the qualification(s) of the individual(s), the

opinions reported back to the Defendant, the amount of times the Defendant has hired

these individual(s) in the past 3 years and the amount of money the Defendant has paid

these individuals and/or these individuals companies in the last 3 years. 

Answer:

14. Please state if any permits are necessary in order to complete the repairs the Defendant

estimated for the subject claim number. If Defendant claims permits are not necessary,

please state the basis for this opinion.

Answer:

15. State the name and address of every person known to you, your agents, or your attorneys

who has knowledge about or possession, custody, or control of any estimate of damage,

model, plat, map, drawing, motion picture, video tape, or photograph pertaining to any

fact or issue involved in this controversy; and describe as to each, what item such person

has, the name and address of the person who took or prepared it, and the date it was taken

or prepared.

Answer:

16. Please state if any person who inspected the subject property for the insurance claim as

referenced in the complaint prepared any sort of report. If so, please state the date the

report was prepared, who prepared the report, the conclusions of the report, if you are

claiming the report is not discoverable, the basis for claiming the report is not

discoverable and if you relied upon the report in making a coverage determination for the

subject insurance claim. 

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Page 7 of 9

Answer:

17. Please state how the amount of recoverable depreciation was calculated for the subject

claim. If any formulas, calculations and/or documents were relied upon, please

specifically state what these were and who is in possession of them so that they can be

requested in discovery.

Answer:

18. Please state the date that you received notice of this claim, who reported the claim and

what specifically was reported.

Answer:

19. If you claim you were unable to pay Plaintiff’s claim because you had insufficient

information or the notice of claim did not have sufficient support, state: When you first

realized that you had insufficient information, each and every effort made by you to

obtain the needed information, when you informed the Plaintiff of the need for further

information and when you gave up trying to obtain the needed information.

Answer:

20. Please state if the subject insurance policy was provided to the Plaintiff and/or the

Plaintiff’s representatives anytime during the time period of the subject claim being

reported until the filing of this action. If the subject insurance policy was not provided

during this time period please state the basis for not providing the subject insurance

policy.

Answer:

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Page 8 of 9

21. Please state if Plaintiff and/or Plaintiff’s representatives requested the subject insurance

policy prior to the initiation of this action. If so, please state the date Defendant received

this request and the date Defendant complied with the request for the subject insurance

policy

Answer:

22. Please state if overhead and profit was paid for the subject claim and the amount. If it was

paid, please state how it was calculated and the basis for payment. If it was not paid,

please state the basis for not paying it and cite to the provision in the insurance policy

that overhead and profit would not be owed for the subject claim.

Answer:

Case 4:20-cv-00398-MW-MAF Document 1-3 Filed 08/07/20 Page 131 of 147
Page 9 of 9

Jurat Page

Dated _________________, 2020.

Signature of Agent for Defendant

STATE OF

COUNTY OF

BEFORE ME, the undersigned authority, personally appeared the Agent for Defendant

_______________________________, who is personally known to me or who produced

____________________ as identification, and who deposed and stated that the information

contained in the foregoing Answers to Interrogatories is true and correct, to the best of his/her

knowledge and belief.

SWORN AND SUBSCRIBED before me in the aforesaid County and State this _____

day of ______________________, 2020.

Notary Public

Commission No.

(Name of Notary typed, printed or stamped)

My commission expires: __________

Case 4:20-cv-00398-MW-MAF Document 1-3 Filed 08/07/20 Page 132 of 147
Page 1 of 6

IN THE CIRCUIT COURT OF THE 2

nd

JUDICIAL CIRCUIT IN AND FOR 

LEON COUNTY, FLORIDA

HARI OM HARI, INC. DBA LA CASA

INN & SUITES, CASE NO.:

Plaintiff,

v.

MT HAWLEY INSURANCE COMPANY,

Defendant.

__________________________________/

PLAINTIFF’S NOTICE OF TAKING VIDEO DEPOSITION DUCES TECUM OF

DEFENDANT’S DESIGNATED CORPORATE REPRESENTATIVE PURSUANT TO

RULE 1.310(b)(6)

PLEASE TAKE NOTICE that Plaintiff, HARI OM HARI, INC. DBA LA CASA INN &

SUITES, through the undersigned counsel will take the deposition, by oral examination of the

following person pursuant to Fla.R.Civ.P. 1.310(b)(6) as indicated below or at such other

location, time, and date as is mutually agreed upon by counsel or ordered by the Court, before an

associate or deputy court reporter who is not of counsel to the parties or interested in the events

of this cause.

NAME DATE/TIME PLACE

Corporate representative designated by

the Defendant to testify as to the topics

listed in Schedule A of this notice. The

persons so designated must testify about

matters known or reasonably available

to the Defendant. Fla. R. Civ. P.

1.310(b)(6).

To be provided by

Defendant within 30

days of receipt of the

summons. If no date is

provided a date will be

selected by the

Plaintiff.

KANNER &

PINTALUGA, P.A.

925 S. Federal Highway,

Sixth Floor

Boca Raton, FL 33432

The deponent is directed to produce for inspection and/or copying the documents listed in

schedule B of this notice 10 days prior to the scheduled deposition. This is in an effort to

expedite the deposition in order to allow Plaintiff to review the documents prior to the

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Page 2 of 6

deposition. If the documents are not provided prior to the deposition the Defendant is put on

notice that Plaintiff will reserve the necessary time prior to the deposition in order to review the

documents. Plaintiff will reimburse deponent for all reasonable costs associated with producing

the requested documents as allowed by the Florida Rules of Civil Procedure. If any documents

are being claimed as privileged, Defendant must file a privilege log prior to the deposition with

enough time for the Court to rule upon said objections prior to the deposition. 

The deposition is being taken for the purpose of discovery, use at trial and/or for such

other purposes as permitted under the Florida Rules of Civil Procedure.

The deposition will be videotaped and the name and address of the operator will be

provided after Defendant provides the date and location of the deposition as referenced above.

**Documents responsive to Schedule B of this notice over which Defendant has

claimed a privilege need not be produced to Plaintiff, but must be brought to the deposition

should the need arise to refresh the witness’ recollection as to questions regarding nonprivileged matters. Plaintiff stipulate that the witness’ use of such documents to refresh

recollection will not waive any privilege Defendant has claimed over such documents, nor

entitle Plaintiff to review or receive production of such documents at the deposition, and

Plaintiff retain the right to challenge any claims of privilege prior to or after the deposition.**

[Certificate of Service on Following Page]

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Page 3 of 6

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a certified copy of the foregoing has been served on

Defendant.

KANNER & PINTALUGA, P.A.

Attorneys for Plaintiffs

925 S. Federal Highway, Sixth Floor

Boca Raton, FL 33432

Phone: (561) 424-0032

Fax: (561) 853-2188

Court Phone Number: (1-888) 824-7834

Email: aaltman@kpattorney.com

salexandre@kpattorney.com

FirstPartyEService@kpattorney.com

By:_/s/ Alexis Altman .

MAX M. MESSINGER, ESQ.

Florida Bar No.: 69988

ALEXIS ALTMAN, ESQ.

Florida Bar No.: 0105040

Case 4:20-cv-00398-MW-MAF Document 1-3 Filed 08/07/20 Page 135 of 147
Page 4 of 6

SCHEDULE “A”

1. The Corporate Representative who can identify by full name and company title all

persons who participated in the handling of Plaintiff’s insurance claim that is the subject of this

action.

2. The Corporate Representative who can testify as to the complete investigation of

Plaintiff’s insurance claim that is the subject of this action.

3. The Corporate Representative who can testify as to any payments that were made

to the Plaintiff and/or on their behalf in reference to the insurance claim that is the subject of this

action.

4. The Corporate Representative who can testify as to the valuation of the insurance

claim that is the subject of this action.

5. The Corporate Representative who can testify as to the affirmative defenses

asserted by Defendant in this action.

6. The Corporate Representative who can testify as to Defendant’s responses to

written discovery in this action.

7. The Corporate Representative who can testify as to the insurance policy that is the

subject of this action.

8. The Corporate Representative who can testify as to the date the Defendant

anticipated litigation as to the insurance claim that is the subject of this claim.

9. The credentials of any individual who inspected the Plaintiff’s property in

reference to the insurance claim that is the subject of this claim.

10. The credentials of any individual who Defendant retained to make repairs at the

Plaintiff’s property for the subject claim.

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Page 5 of 6

SCHEDULE “B”

1. All documents the deponent reviewed in preparation of this deposition.

2. All documents the deponent will rely upon in responding to the topics listed in

Schedule “A” during the deposition.

3. The privilege log for any documents Defendant is claiming a privilege as to for

the deposition.

4. The entire claim file for Plaintiff’s insurance claim that is the subject of this

action.

5. Any documents associated with the calculation of Plaintiff’s insurance claim that

is the subject of this action.

6. The credentials of any person who inspected and/or handled the insurance claim

that is the subject of this claim.

7. The credentials of any person who Defendant retained to make repairs at the

subject property for the subject claim.

8. Any reports prepared for the insurance claim that is the subject of this action.

9. Any invoices for services performed in reference to the insurance claim that is the

subject of this action.

10. Any documents reflecting payments of any amounts in reference to the insurance

that is the subject of this action.

11. Any documents as to the directives and/or parameters for any inspections

conducted on behalf of the Defendant for Plaintiff’s insurance claim that is the subject of this

action.

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Page 6 of 6

12. Any communications (including emails and/or text messages) that are anyway

associated with Plaintiff’s insurance claim that is the subject of this action.

13. The insurance policy that is the subject of this action.

14. The underwriting file for the insurance policy that is the subject of this action.

15. Any documents that Defendant is relying upon in defense to this action.

Case 4:20-cv-00398-MW-MAF Document 1-3 Filed 08/07/20 Page 138 of 147
Page 1 of 4

IN THE CIRCUIT COURT OF THE 2

nd

JUDICIAL CIRCUIT IN AND FOR 

LEON COUNTY, FLORIDA

HARI OM HARI, INC. DBA LA CASA

INN & SUITES, CASE NO.:

Plaintiff,

v.

MT HAWLEY INSURANCE COMPANY,

Defendant.

__________________________________/

PLAINTIFF’S NOTICE OF TAKING VIDEO DEPOSITION DUCES TECUM OF

CARLOS CAGADOS

PLEASE TAKE NOTICE that Plaintiff, HARI OM HARI, INC. DBA LA CASA INN &

SUITES, through the undersigned counsel will take the deposition, by oral examination of the

following person pursuant to Fla.R.Civ.P. 1.310(b)(1) as indicated below or at such other

location, time, and date as is mutually agreed upon by counsel or ordered by the Court, before an

associate or deputy court reporter who is not of counsel to the parties or interested in the events

of this cause.

Name Date/Time Place

CARLOS CAGADOS To be provided by

Defendant within 30

days of receipt of the

summons. If no date

is provided a date

will be selected by

the Plaintiff.

The city to be provided by

Defendant within 30 days of

receipt of the summons and

Plaintiff will select a Court

Reporter’s office in that city. If

no city is provided the location

will be selected by the Plaintiff.

The deponent is directed to produce for inspection and/or copying the documents listed in

schedule A of this notice 10 days prior to the scheduled deposition. This is in an effort to

expedite the deposition in order to allow Plaintiff to review the documents prior to the

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Page 2 of 4

deposition. If the documents are not provided prior to the deposition the Defendant is put on

notice that Plaintiff will reserve the necessary time prior to the deposition in order to review the

documents. Plaintiff will reimburse deponent for all reasonable costs associated with producing

the requested documents as allowed by the Florida Rules of Civil Procedure. If any documents

are being claimed as privileged, Defendant must file a privilege log prior to the deposition with

enough time for the Court to rule upon said objections prior to the deposition. 

The deposition is being taken for the purpose of discovery, use at trial and/or for such

other purposes as permitted under the Florida Rules of Civil Procedure.

The deposition will be videotaped, and the name and address of the operator will be

provided after Defendant provides the date and location of the deposition as referenced above.

**Documents responsive to Schedule A of this notice over which Defendant has

claimed a privilege need not be produced to Plaintiff but must be brought to the deposition

should the need arise to refresh the witness’ recollection as to questions regarding nonprivileged matters. Plaintiff stipulate that the witness’ use of such documents to refresh

recollection will not waive any privilege Defendant has claimed over such documents, nor

entitle Plaintiff to review or receive production of such documents at the deposition, and

Plaintiff retain the right to challenge any claims of privilege prior to or after the deposition.**

[Certificate of Service on Following Page]

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Page 3 of 4

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a certified copy of the foregoing has been served on

Defendant.

KANNER & PINTALUGA, P.A.

Attorneys for Plaintiffs

925 S. Federal Highway, Sixth Floor

Boca Raton, FL 33432

Phone: (561) 424-0032

Fax: (561) 853-2188

Court Phone Number: (1-888) 824-7834

Email: aaltman@kpattorney.com

salexandre@kpattorney.com

FirstPartyEService@kpattorney.com

By:_/s/ Alexis Altman .

MAX M. MESSINGER, ESQ.

Florida Bar No.: 69988

ALEXIS ALTMAN, ESQ.

Florida Bar No.: 0105040

Case 4:20-cv-00398-MW-MAF Document 1-3 Filed 08/07/20 Page 141 of 147
Page 4 of 4

SCHEDULE “A”

1. All documents the deponent reviewed in preparation of this deposition.

2. Any communications such as email, letters, faxes, text messages, etc. between the

deponent and the Plaintiff and/or Plaintiff’s representatives for the subject insurance claim.

3. Any communications such as email, letters, faxes, text messages, etc. prepared

and/or sent by the deponent in reference to the subject claim.

4. Any reports prepared and/or reviewed by the deponent for the subject claim.

Case 4:20-cv-00398-MW-MAF Document 1-3 Filed 08/07/20 Page 142 of 147
SERVICE OF PROCESS PACKING SLIP

PLEASE VERIFY THAT YOU HAVE RECEIVED A PACKET FOR EACH CASE LISTED FOR THIS PACKAGE. IF YOU HAVE QUESTIONS

OR MISSING PACKETS, PLEASE CALL (850) 413-4200

1 Packet(s) provided by ELECTRONIC DELIVERY for:

JEFFREY D. FICK

9025 N. LINDBERGH DRIVE

IL, PEORIA 61615

Received Served DFS-SOP # Case # Plaintiff County Court

MT HAWLEY INSURANCE COMPANY

RAD 07/17/2020 07/20/2020 20-000198570 2020 CA 001306 HARI OM HARI INC LEON CIRCUIT COURT

Page 1 of

1

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Case 4:20-cv-00398-MW-MAF Document 1-3 Filed 08/07/20 Page 143 of 147
Unique Code : CAA-FAD-BCAHD-BAJBHDJJE-ICHBF-I Page 1 of 1

Digitally signed by The Honorable Gwen Marshall

Date: 2020.07.29 19:44:43 -04:00

Leon County Clerk of the Circuit Court and

Comptroller

Location: 301 S. Monroe Street, #100, Tallahassee,

Case 4:20-cv-00398-MW-MAF Document 1-3 Filed 08/07/20 Page 144 of 147
Unique Code : CAA-FAD-BCAHD-BAJBHDJJG-ICHBH-C Page 1 of 1

Digitally signed by The Honorable Gwen Marshall

Date: 2020.07.29 19:44:52 -04:00

Leon County Clerk of the Circuit Court and

Comptroller

Location: 301 S. Monroe Street, #100, Tallahassee,

Case 4:20-cv-00398-MW-MAF Document 1-3 Filed 08/07/20 Page 145 of 147
Unique Code : CAA-FAD-BCAHD-BAJBJDFHE-ICHBI-I Page 1 of 2

Digitally signed by The Honorable Gwen Marshall

Date: 2020.07.29 19:44:56 -04:00

Leon County Clerk of the Circuit Court and

Comptroller

Location: 301 S. Monroe Street, #100, Tallahassee,

Case 4:20-cv-00398-MW-MAF Document 1-3 Filed 08/07/20 Page 146 of 147
Unique Code : CAA-FAD-BCAHD-BAJBJDFHE-ICHBI-I Page 2 of 2

Case 4:20-cv-00398-MW-MAF Document 1-3 Filed 08/07/20 Page 147 of 147