Administrative Office: 

7233 East Butherus Drive, Scottsdale, Arizona 85260 

(480) 951-0905 

COMMERCIAL LINES POLICY

THIS POLICY IS NOT OBTAINED PRIMARILY FOR PERSONAL, FAMILY OR 

HOUSEHOLD PURPOSES. 

THIS POLICY CONSISTS OF: 

- Declarations; 

- Common Policy Conditions; and 

- One or more Coverage Parts. A Coverage Part consists of: 

- One or more Coverage Forms; and 

- Applicable Forms and Endorsements. 

In Witness Whereof, we have caused this policy to be executed and attested, and, if required by state law, this 

policy shall not be valid unless countersigned by our authorized representative.

Secretary President and CEO 

E001J (04/17) 

Case 0:22-cv-62300-BB Document 1-6 Entered on FLSD Docket 12/08/2022 Page 1 of 80
E001 (02/14)

COMMERCIAL LINES POLICY - COMMON POLICY DECLARATIONS

NAUTILUS INSURANCE COMPANY

Scottsdale, Arizona

Transaction Type: Policy No.

Renewal of Policy # Inspection Ordered:

Rewrite of Policy # Yes No

Cross Ref. Policy #

NIC Quote #

Named Insured and Mailing Address

(No., Street, Town or City, County, State, Zip Code)

Agent and Mailing Address Agency No.

(No., Street, Town or City, County, State, Zip Code)

Policy

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

Business Description: Tax State

Form of Business:

IN RETURN FOR THE PAYMENT OF THE PREMIUM, AND SUBJECT TO ALL THE TERMS OF THIS POLICY,

 WE WILL PROVIDE YOU THE INSURANCE STATED IN THIS POLICY.

THIS POLICY CONSISTS OF THE FOLLOWING COVERAGE PARTS FOR WHICH A PREMIUM IS INDICATED. 

THIS PREMIUM MAY BE SUBJECT TO ADJUSTMENT. PREMIUM

$

$

$

$

$

$

$

TOTAL ADVANCE PREMIUM $

$

$

TOTAL $

Form(s) and Endorsement(s) made a part of this policy at time of issue:

Refer to Schedule of Forms and Endorsements.

Countersigned: By

Countersignature or Authorized Representative, whichever is applicable

THESE DECLARATIONS TOGETHER WITH THE COMMON POLICY CONDITIONS, COVERAGE PART DECLARATIONS, COVERAGE PART COVERAGE

FORM(S) AND FORMS AND ENDORSEMENTS, IF ANY, ISSUED TO FORM A PART THEREOF, COMPLETE THE ABOVE NUMBERED POLICY.

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

NCCMSK Surplus Lines Tax Pinnacle Engineering & Development, Inc. 4334 Northwest 120th Avenue 01/30/2020 New Marcia A Whisman 28202 33098 FL Tax & Fee Schedule Policy Fee

TOTAL TAXES & FEES

NO FLAT CANCELLATION Water/Sewer Main & Drainage Construction Coral Springs CRCOne Inspection Fee Stamping Fee P134922 Commercial General Liability Coverage Part Minimum & Deposit FL 03215 NN1087682 Organization Including Corporation 01/23/2021 Charlotte 16th Floor, Suite 1600 227 West Trade Street Charlotte,NC 01/23/2020

Case 0:22-cv-62300-BB Document 1-6 Entered on FLSD Docket 12/08/2022 Page 2 of 80
POLICY NUMBER:

Named Insured:

SCHEDULE OF FORMS AND ENDORSEMENTS

The forms and endorsements shown on this Schedule constitute the entire policy at the time of issuance.

S902 (07/09) Page   of 

CG2196 (03/05) Silica or Silica-Related Dust Exclusion Organisms, Bioaerosols or Organic COMMERCIAL GENERAL LIABILITY CG2107 (05/14) Exclusion - Access or Disclosure of Organization L205 (11/10) Exclusion - Injury To Employees, Surveyors and Construction Management Pinnacle Engineering & Development, Inc. E906 (01/16) Service Of Suit Declarations 1

 (Occurrence Version) (Limited Form) CG2109 (06/15) Exclusion - Unmanned Aircraft L217 (06/17) Exclusion - Punitive or Exemplary Damages S013 (07/09) Minimum Earned Premium Endorsement E001 (02/14) Nautilus Insurance Company Common Policy S170 (07/09) Commercial General Liability Coverage Part CG0001 (04/13) Commercial General Liability Coverage Form Policyholders Contractors - Completed Operations L241 (07/09) Exclusion - Microorganisms, Biological Policy Jacket E602FL (09/17) Florida Changes - Cancellation And Nonrenewal Data-Related Liability - Limited Bodily CG2147 (12/07) Employment-Related Practices Exclusion Declarations Extension Declarations 2

L223 (06/07) Exclusion - Total Pollution Assets Control (OFAC) Advisory Notice to CG2037 (04/13) Additional Insured - Owners, Lessees or IL0021 (09/08) Nuclear Energy Liability Exclusion Contractors - Scheduled Person or IL0017 (11/98) Common Policy Conditions CG2173 (01/15) Exclusion of Certified Acts of Terrorism Contractors, Volunteers and Other Workers Contractors, Engineers, Architects, Confidential or Personal Information and NN1087682 E915 (07/13) U.S. Treasury Department's Office of Foreign E001J (04/17) Nautilus Insurance Company Commercial Lines STATE Injury Exception Not Included S150 (07/09) Commercial General Liability Coverage Part Endorsement (Broad Form) CG2010 (04/13) Additional Insured - Owners, Lessees or COMMON POLICY L216 (04/16) Amendment of Definitions - Insured Contract L219 (04/16) Exclusion - Professional Services -

Case 0:22-cv-62300-BB Document 1-6 Entered on FLSD Docket 12/08/2022 Page 3 of 80
POLICY NUMBER:

Named Insured:

SCHEDULE OF FORMS AND ENDORSEMENTS

The forms and endorsements shown on this Schedule constitute the entire policy at the time of issuance.

S902 (07/09) Page   of 

L416 (01/19) Contractors Extension Endorsement Pinnacle Engineering & Development, Inc. L408 (03/12) Changes - Civil Union Or Domestic Partnership To Us-Auto Status When Req In Contract Or L411 (05/18) Privacy Breach Coverage 2

S261 (07/09) Exclusion - Asbestos Residential Construction Operations L605 (06/07) Waiver of Transfer of Rights of Recovery L288 (01/15) Additional Conditions and Exclusions - Agrmt (Incl Comp Op) Allocated Loss Adjustment Expense) Colorado or New York Specified Date L351 (12/18) Underground Utility Limitation Against Others to Us L850 (05/09) Deductible Liability Insurance (Including Contractors Subcontracted Work 2

 Contaminants L335 (10/15) Exclusion - Construction Operations in L818 (12/18) Artisan Contr Ext-Add’l Insured-Waiver Of L601 (12/09) Amendment of Conditions - Premium Audit L305 (08/07) Exclusion - All Operations Covered By a NN1087682 Consolidated (Wrap-Up) Insurance Program L292 (06/07) Exclusion - Your Work Completed Prior to L342 (09/16) Exclusion - Continuous or Progressive Damage Transfer Of Rights Of Recovery Agnst Others S038 (04/16) Amendment of Liquor Liability Exclusion L251 (12/18) Coverage Limitation and Exclusion -

Case 0:22-cv-62300-BB Document 1-6 Entered on FLSD Docket 12/08/2022 Page 4 of 80
IL 00 17 11 98

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

COMMON POLICY CONDITIONS 

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

A. Cancellation 

 1. The first Named Insured shown in the Declarations may cancel this policy by mailing or delivering to us advance written notice of cancellation. 

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

of cancellation at least: 

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

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

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

Named Insured's last mailing address known to 

us. 

 4. Notice of cancellation will state the effective 

date of cancellation. The policy period will end 

on that date. 

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

Named Insured any premium refund due. If we 

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

Named Insured cancels, the refund may be 

less than pro rata. The cancellation will be effective even if we have not made or offered a 

refund. 

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

B. Changes 

This policy contains all the agreements between 

you and us concerning the insurance afforded. 

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

of this policy with our consent. This policy's terms 

can be amended or waived only by endorsement 

issued by us and made a part of this policy. 

C. Examination Of Your Books And Records 

We may examine and audit your books and records as they relate to this policy at any time during 

the policy period and up to three years afterward. 

D. Inspections And Surveys 

 1. We have the right to: 

 a. Make inspections and surveys at any time; 

 b. Give you reports on the conditions we find; 

and 

 c. Recommend changes. 

 2. We are not obligated to make any inspections, 

surveys, reports or recommendations and any 

such actions we do undertake relate only to insurability and the premiums to be charged. We 

do not make safety inspections. We do not undertake to perform the duty of any person or 

organization to provide for the health or safety 

of workers or the public. And we do not warrant 

that conditions: 

 a. Are safe or healthful; or 

 b. Comply with laws, regulations, codes or 

standards. 

 3. Paragraphs 1. and 2. of this condition apply not 

only to us, but also to any rating, advisory, rate 

service or similar organization which makes insurance inspections, surveys, reports or recommendations. 

 4. Paragraph 2. of this condition does not apply to 

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

vessels or elevators. 

E. Premiums 

The first Named Insured shown in the Declarations: 

 1. Is responsible for the payment of all premiums; 

and 

 2. Will be the payee for any return premiums we 

pay. 

F. Transfer Of Your Rights And Duties Under This 

Policy 

Your rights and duties under this policy may not 

be transferred without our written consent except 

in the case of death of an individual named insured. 

If you die, your rights and duties will be transferred 

to your legal representative but only while acting 

within the scope of duties as your legal representative. Until your legal representative is appointed, anyone having proper temporary custody 

of your property will have your rights and duties 

but only with respect to that property. 

Case 0:22-cv-62300-BB Document 1-6 Entered on FLSD Docket 12/08/2022 Page 5 of 80
E915 (07/13) Includes copyrighted material of Insurance Services Office, Inc., with its permission. 

U.S. TREASURY DEPARTMENT'S 

OFFICE OF FOREIGN ASSETS CONTROL (OFAC) 

ADVISORY NOTICE TO POLICYHOLDERS 

PLEASE READ THIS NOTICE CAREFULLY. 

No coverage is provided by this Policyholder Notice nor can it be construed to replace any provisions of your 

policy. You should read your policy and review your Declarations page for complete information on the coverages 

you are provided. 

This Notice provides information concerning possible impact on your insurance coverage due to directives issued 

by OFAC. 

The Office of Foreign Assets Control (OFAC) administers and enforces sanctions policy, based on Presidential 

declarations of national emergency. OFAC has identified and listed numerous foreign agents, front organizations, 

terrorists, terrorist organizations and narcotics traffickers as Specially Designated Nationals. This list can be 

located on the United States Treasury's web site: http://www.treasury.gov/ofac. 

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, as 

identified by OFAC, this insurance will be considered a blocked or frozen contract and all provisions of this 

insurance are immediately subject to OFAC. When an insurance policy is considered to be such a blocked or 

frozen contract, no payments or premium refunds may be made without authorization from OFAC. Other 

limitations on the premiums and payments also apply. 

Case 0:22-cv-62300-BB Document 1-6 Entered on FLSD Docket 12/08/2022 Page 6 of 80
E906 (01/16)

SERVICE OF SUIT

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

Company hereby designates the Superintendent, Commissioner or Director of Insurance or other Officer specified 

for that purpose in the Statute, or his/her successor or successors in office, as its true and lawful attorney upon 

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

beneficiary hereunder arising out of this contract of insurance, and hereby designates the below named as the 

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

It is further agreed that service of process in such suit may be made upon Janet Shemanske, or her nominee of the 

Company at 7233 East Butherus Drive, Scottsdale, Arizona 85260, and that in any suit instituted against the 

Company upon this policy, it will abide by the final decision of such Court or of any Appellate Court in the event of 

an appeal. Nothing herein shall constitute a selection or designation of forum, or a waiver of any of the Company's 

rights to select a forum or court, including any of the federal courts of the United States.

Case 0:22-cv-62300-BB Document 1-6 Entered on FLSD Docket 12/08/2022 Page 7 of 80
S013 (07/09) Includes copyrighted material of Insurance Services Office, Inc., with its permission. 

POLICY NUMBER: 

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. 

MINIMUM EARNED PREMIUM ENDORSEMENT

If this policy is cancelled at your request, there will be a minimum earned premium retained by us of 

$ or % of the premium for this insurance, whichever is greater. 

Non-payment of premium is considered a request by the first Named Insured for cancellation of this policy. 

If a policy fee, inspection fee or expense constant is applicable to this policy, they will be fully earned and no 

refund will be made. 

All other terms and conditions of this policy remain unchanged. 

NN1087682 25

Case 0:22-cv-62300-BB Document 1-6 Entered on FLSD Docket 12/08/2022 Page 8 of 80
E602FL (09/17) Includes copyrighted material of Insurance Services Office, Inc., with its permission. 

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. 

FLORIDA CHANGES - CANCELLATION 

AND NONRENEWAL

This endorsement modifies insurance provided under the following: 

COMMERCIAL GENERAL LIABILITY COVERAGE PART 

PRODUCTS/COMPLETED OPERATIONS COVERAGE PART 

LIQUOR LIABILITY COVERAGE PART 

COMMERCIAL PROPERTY COVERAGE PART 

COMMERCIAL INLAND MARINE COVERAGE PART 

FARM COVERAGE PART 

CRIME AND FIDELITY COVERAGE PART 

STANDARD PROPERTY POLICY 

A. Paragraph A.2. Cancellation of Common Policy Conditions is replaced by the following: 

2. Cancellation of Policies In Effect 

a. For 90 Days Or Less 

If this policy has been in effect for 90 days or less, we may cancel this policy by mailing or delivering 

to the first Named Insured written notice of cancellation, accompanied by the reasons for cancellation, 

at least: 

(1) 10 days before the effective date of cancellation if we cancel for nonpayment of premium; or 

(2) 20 days before the effective date of cancellation if we cancel for any other reason, except we may 

cancel immediately if there has been: 

(a) A material misstatement or misrepresentation; or 

(b) A failure to comply with underwriting requirements established by the insurer. 

b. For More Than 90 Days

If this policy has been in effect for more than 90 days, we may cancel this policy by mailing or 

delivering to the first Named Insured written notice of cancellation, accompanied by the reasons for 

cancellation, at least: 

(1) 10 days before the effective date of cancellation if we cancel for nonpayment of premium; or 

(2) 45 days before the effective date of cancellation if we cancel for any other reason. 

B. The following is added to Common Policy Conditions:

Nonrenewal 

1. If we decide not to renew this policy, we will mail or deliver to the first Named Insured written notice of 

nonrenewal, accompanied by the reason for nonrenewal, at least 45 days prior to the expiration of the 

policy. 

2. Any notice of nonrenewal will be mailed or delivered to the first Named Insured at the last mailing address 

known to us. If notice is mailed, proof of mailing will be sufficient proof of notice. 

All other terms and conditions remain unchanged. 

Case 0:22-cv-62300-BB Document 1-6 Entered on FLSD Docket 12/08/2022 Page 9 of 80
COMMERCIAL GENERAL LIABILITY COVERAGE PART DECLARATIONS

POLICY NUMBER:

Extension of Declarations is attached. Effective Date: 12:01 A.M. Standard Time

LIMITS OF INSURANCE If box is checked, refer to form S132 Amendment of Limits of Insurance.

General Aggregate Limit (Other Than Products/Completed Operations) $

Products/Completed Operations Aggregate Limit $

Personal and Advertising Injury Limit $ Any One Person Or Organization

Each Occurrence Limit $

Damage To Premises Rented To You Limit $ Any One Premises

Medical Expense Limit $ Any One Person

RETROACTIVE DATE (CG 00 02 ONLY)

This insurance does not apply to "bodily injury", "property damage" or "personal and advertising injury" which occurs 

before the Retroactive Date, if any, shown here: (Enter Date or "NONE" if no Retroactive Date applies)

BUSINESS DESCRIPTION AND LOCATION OF PREMISES

BUSINESS DESCRIPTION:

LOCATION OF ALL PREMISES YOU OWN, RENT, OR OCCUPY: Location address is same as mailing address.

Additional locations (if any) will be shown on form S170, Commercial General Liability Coverage Part Declarations

Extension.

LOCATION OF JOB SITE (If Designated Projects are to be Scheduled):

PREMIUM RATE ADVANCE

CODE # - CLASSIFICATION * BASIS Prem/Ops Prod/Comp PREMIUM

Ops

-

-

-

-

* PREMIUM BASIS SYMBOLS + = Products/Completed Operations are subject to the General Aggregate Limit

a = Area (per 1,000 sq. ft. of area) o = Total Operating Expenditures s = Gross Sales (per $1,000 of Gross Sales)

c = Total Cost (per $1,000 of Total Cost) (per $1,000 Total Operating Expenditures) t = See Classification

m = Admissions (per 1,000 Admissions) p = Payroll (per $1,000 of Payroll) u = Units (per unit)

FORMS AND ENDORSEMENTS (other than applicable Forms and Endorsements shown elsewhere in the policy)

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

Refer to Schedule of Forms and Endorsements

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

Includes copyrighted material of Insurance Services Office, Inc. with its permission. S150 (07/09)

1,000,000

Sewer Mains or Connections

Construction

t

5,000

Contractors - subcontracted work in

connection with construction,

reconstruction, repair or erection

of buildings NOC

99946

1,000,000 2,000,000 1

Water Mains or Connections

Construction

Water/Sewer Main & Drainage Construction100,000

98820

p

p

c

NN1087682

90792 915854334 Northwest 120th Avenue, Coral Springs, FL 33098 PREMIUM FOR THIS PAGE

First Party Privacy Breach Cov-Low

Hazard-Low Exposure

2,000,000 01/23/2020

Case 0:22-cv-62300-BB Document 1-6 Entered on FLSD Docket 12/08/2022 Page 10 of 80
COMMERCIAL GENERAL LIABILITY

COVERAGE PART DECLARATIONS EXTENSION

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

POLICY NUMBER: Effective Date: 12:01 A.M. Standard Time

LOCATION OF PREMISES

Location of All Premises You Own, Rent or Occupy:

PREMIUM

RATE

CODE # - CLASSIFICATION PREMIUM ADVANCE

* Prod/Comp BASIS Prem/Ops PREMIUM Ops

-

-

-

-

-

$

S170 (07/09) Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page of

L605-Waiver of Transfer of Rights

Against Others to Us (Scheduled)

t

L818 Artisan Contr Ext-Add’l

Insured-Waiver Of Transfer Of

Rights Of Recovery Agnst Others To

Us-Auto Status When Req In Contract

Or Agrmt (Incl Comp Op) 49950

CG2010-Owners, Lessees Or

Contractors - Scheduled Person Or

Organization

t

90612

PREMIUM FOR THIS COVERAGE PART t

L416-Contractors Extension

Endorsement

t

90813

t

1

NN1087682

90681 90656

1

CG2037-Owners, Lessees Or

Contractors - Completed Operations

01/23/2020

Case 0:22-cv-62300-BB Document 1-6 Entered on FLSD Docket 12/08/2022 Page 11 of 80
COMMERCIAL GENERAL LIABILITY

CG 00 01 04 13

CG 00 01 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 16

COMMERCIAL GENERAL LIABILITY 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, 

and any other person or organization qualifying as a 

Named Insured under this policy. The words "we", 

"us" and "our" refer to the company providing this 

insurance. 

The word "insured" means any person or organization 

qualifying as such under Section II – Who Is An 

Insured. 

Other words and phrases that appear in quotation 

marks have special meaning. Refer to Section V –

Definitions. 

SECTION I – COVERAGES 

COVERAGE A – BODILY INJURY AND PROPERTY 

DAMAGE LIABILITY 

 1. Insuring Agreement 

 a. We will pay those sums that the insured 

becomes legally obligated to pay as damages 

because of "bodily injury" or "property damage" 

to which this insurance applies. We will have 

the right and duty to defend the insured against 

any "suit" seeking those damages. However, 

we will have no duty to defend the insured 

against any "suit" seeking damages for "bodily 

injury" or "property damage" to which this 

insurance does not apply. We may, at our 

discretion, investigate any "occurrence" and 

settle any claim or "suit" that may result. But: 

 (1) The amount we will pay for damages is 

limited as described in Section III – Limits 

Of Insurance; and 

 (2) Our right and duty to defend ends when we 

have used up the applicable limit of 

insurance in the payment of judgments or 

settlements under Coverages A or B or 

medical expenses under Coverage C.

No other obligation or liability to pay sums or 

perform acts or services is covered unless 

explicitly provided for under Supplementary 

Payments – Coverages A and B.

b. This insurance applies to "bodily injury" and 

"property damage" only if: 

 (1) The "bodily injury" or "property damage" is 

caused by an "occurrence" that takes place 

in the "coverage territory"; 

 (2) The "bodily injury" or "property damage" 

occurs during the policy period; and 

(3) Prior to the policy period, no insured listed 

under Paragraph 1. of Section II – Who Is 

An Insured and no "employee" authorized 

by you to give or receive notice of an 

"occurrence" or claim, knew that the "bodily 

injury" or "property damage" had occurred, 

in whole or in part. If such a listed insured 

or authorized "employee" knew, prior to the 

policy period, that the "bodily injury" or 

"property damage" occurred, then any 

continuation, change or resumption of such 

"bodily injury" or "property damage" during 

or after the policy period will be deemed to 

have been known prior to the policy period. 

 c. "Bodily injury" or "property damage" which 

occurs during the policy period and was not, 

prior to the policy period, known to have 

occurred by any insured listed under 

Paragraph 1. of Section II – Who Is An Insured 

or any "employee" authorized by you to give or 

receive notice of an "occurrence" or claim, 

includes any continuation, change or 

resumption of that "bodily injury" or "property 

damage" after the end of the policy period.

 d. "Bodily injury" or "property damage" will be 

deemed to have been known to have occurred 

at the earliest time when any insured listed 

under Paragraph 1. of Section II – Who Is An 

Insured or any "employee" authorized by you to 

give or receive notice of an "occurrence" or 

claim: 

 (1) Reports all, or any part, of the "bodily injury" 

or "property damage" to us or any other 

insurer; 

(2) Receives a written or verbal demand or 

claim for damages because of the "bodily 

injury" or "property damage"; or 

(3) Becomes aware by any other means that 

"bodily injury" or "property damage" has 

occurred or has begun to occur. 

 e. Damages because of "bodily injury" include 

damages claimed by any person or 

organization for care, loss of services or death 

resulting at any time from the "bodily injury". 

Case 0:22-cv-62300-BB Document 1-6 Entered on FLSD Docket 12/08/2022 Page 12 of 80
Page 2 of 16 © Insurance Services Office, Inc., 2012 CG 00 01 04 13

 2. Exclusions 

This insurance does not apply to: 

 a. Expected Or Intended Injury 

"Bodily injury" or "property damage" expected 

or intended from the standpoint of the insured. 

This exclusion does not apply to "bodily injury" 

resulting from the use of reasonable force to 

protect persons or property. 

 b. Contractual Liability 

"Bodily injury" or "property damage" for which 

the insured is obligated to pay damages by 

reason of the assumption of liability in a 

contract or agreement. This exclusion does not 

apply to liability for damages: 

 (1) That the insured would have in the absence 

of the contract or agreement; or 

 (2) Assumed in a contract or agreement that is 

an "insured contract", provided the "bodily 

injury" or "property damage" occurs 

subsequent to the execution of the contract 

or agreement. Solely for the purposes of 

liability assumed in an "insured contract", 

reasonable attorneys' fees and necessary 

litigation expenses incurred by or for a party 

other than an insured are deemed to be 

damages because of "bodily injury" or 

"property damage", provided: 

 (a) Liability to such party for, or for the cost 

of, that party's defense has also been 

assumed in the same "insured contract"; 

and

(b) Such attorneys' fees and litigation 

expenses are for defense of that party 

against a civil or alternative dispute 

resolution proceeding in which damages 

to which this insurance applies are 

alleged. 

 c. Liquor Liability 

"Bodily injury" or "property damage" for which 

any insured may be held liable by reason of: 

 (1) Causing or contributing to the intoxication of 

any person; 

 (2) The furnishing of alcoholic beverages to a 

person under the legal drinking age or 

under the influence of alcohol; or 

 (3) Any statute, ordinance or regulation relating 

to the sale, gift, distribution or use of 

alcoholic beverages. 

This exclusion applies even if the claims 

against any insured allege negligence or other 

wrongdoing in: 

 (a) The supervision, hiring, employment, 

training or monitoring of others by that 

insured; or 

 (b) Providing or failing to provide 

transportation with respect to any 

person that may be under the influence 

of alcohol; 

if the "occurrence" which caused the "bodily 

injury" or "property damage", involved that 

which is described in Paragraph (1), (2) or (3)

above.

However, this exclusion applies only if you are 

in the business of manufacturing, distributing, 

selling, serving or furnishing alcoholic 

beverages. For the purposes of this exclusion, 

permitting a person to bring alcoholic 

beverages on your premises, for consumption 

on your premises, whether or not a fee is 

charged or a license is required for such 

activity, is not by itself considered the business 

of selling, serving or furnishing alcoholic 

beverages. 

 d. Workers' Compensation And Similar Laws 

Any obligation of the insured under a workers' 

compensation, disability benefits or 

unemployment compensation law or any 

similar law. 

 e. Employer's Liability 

"Bodily injury" to: 

 (1) An "employee" of the insured arising out of 

and in the course of: 

 (a) Employment by the insured; or 

 (b) Performing duties related to the conduct 

of the insured's business; or 

 (2) The spouse, child, parent, brother or sister 

of that "employee" as a consequence of 

Paragraph (1) above. 

This exclusion applies whether the insured 

may be liable as an employer or in any other 

capacity and to any obligation to share 

damages with or repay someone else who 

must pay damages because of the injury. 

This exclusion does not apply to liability 

assumed by the insured under an "insured 

contract".

Case 0:22-cv-62300-BB Document 1-6 Entered on FLSD Docket 12/08/2022 Page 13 of 80
CG 00 01 04 13 © Insurance Services Office, Inc., 2012 Page 3 of 16

 f. Pollution 

 (1) "Bodily injury" or "property damage" arising 

out of the actual, alleged or threatened 

discharge, dispersal, seepage, migration, 

release or escape of "pollutants": 

 (a) At or from any premises, site or location 

which is or was at any time owned or 

occupied by, or rented or loaned to, any 

insured. However, this subparagraph 

does not apply to: 

 (i) "Bodily injury" if sustained within a 

building and caused by smoke, 

fumes, vapor or soot produced by or 

originating from equipment that is 

used to heat, cool or dehumidify the 

building, or equipment that is used to 

heat water for personal use, by the 

building's occupants or their guests; 

 (ii) "Bodily injury" or "property damage" 

for which you may be held liable, if 

you are a contractor and the owner 

or lessee of such premises, site or 

location has been added to your 

policy as an additional insured with 

respect to your ongoing operations 

performed for that additional insured 

at that premises, site or location and 

such premises, site or location is not 

and never was owned or occupied 

by, or rented or loaned to, any 

insured, other than that additional 

insured; or 

 (iii) "Bodily injury" or "property damage" 

arising out of heat, smoke or fumes 

from a "hostile fire"; 

 (b) At or from any premises, site or location 

which is or was at any time used by or 

for any insured or others for the 

handling, storage, disposal, processing 

or treatment of waste; 

 (c) Which are or were at any time 

transported, handled, stored, treated, 

disposed of, or processed as waste by 

or for:

 (i) Any insured; or 

 (ii) Any person or organization for whom 

you may be legally responsible; or 

 (d) At or from any premises, site or location 

on which any insured or any contractors 

or subcontractors working directly or 

indirectly on any insured's behalf are 

performing operations if the "pollutants" 

are brought on or to the premises, site 

or location in connection with such 

operations by such insured, contractor 

or subcontractor. However, this 

subparagraph does not apply to: 

 (i) "Bodily injury" or "property damage" 

arising out of the escape of fuels, 

lubricants or other operating fluids 

which are needed to perform the 

normal electrical, hydraulic or 

mechanical functions necessary for 

the operation of "mobile equipment" 

or its parts, if such fuels, lubricants 

or other operating fluids escape from 

a vehicle part designed to hold, store 

or receive them. This exception does 

not apply if the "bodily injury" or 

"property damage" arises out of the 

intentional discharge, dispersal or 

release of the fuels, lubricants or 

other operating fluids, or if such 

fuels, lubricants or other operating 

fluids are brought on or to the 

premises, site or location with the 

intent that they be discharged, 

dispersed or released as part of the 

operations being performed by such 

insured, contractor or subcontractor; 

 (ii) "Bodily injury" or "property damage" 

sustained within a building and 

caused by the release of gases, 

fumes or vapors from materials 

brought into that building in 

connection with operations being 

performed by you or on your behalf 

by a contractor or subcontractor; or 

 (iii) "Bodily injury" or "property damage" 

arising out of heat, smoke or fumes 

from a "hostile fire". 

 (e) At or from any premises, site or location 

on which any insured or any contractors 

or subcontractors working directly or 

indirectly on any insured's behalf are 

performing operations if the operations 

are to test for, monitor, clean up, 

remove, contain, treat, detoxify or 

neutralize, or in any way respond to, or 

assess the effects of, "pollutants". 

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 (2) Any loss, cost or expense arising out of 

any:

 (a) Request, demand, order or statutory or 

regulatory requirement that any insured 

or others test for, monitor, clean up, 

remove, contain, treat, detoxify or 

neutralize, or in any way respond to, or 

assess the effects of, "pollutants"; or 

 (b) Claim or suit by or on behalf of a 

governmental authority for damages 

because of testing for, monitoring, 

cleaning up, removing, containing, 

treating, detoxifying or neutralizing, or in 

any way responding to, or assessing the 

effects of, "pollutants". 

However, this paragraph does not apply to 

liability for damages because of "property 

damage" that the insured would have in the 

absence of such request, demand, order or 

statutory or regulatory requirement, or such 

claim or "suit" by or on behalf of a 

governmental authority. 

 g. Aircraft, Auto Or Watercraft 

"Bodily injury" or "property damage" arising out 

of the ownership, maintenance, use or 

entrustment to others of any aircraft, "auto" or 

watercraft owned or operated by or rented or 

loaned to any insured. Use includes operation 

and "loading or unloading". 

This exclusion applies even if the claims 

against any insured allege negligence or other 

wrongdoing in the supervision, hiring, 

employment, training or monitoring of others by 

that insured, if the "occurrence" which caused 

the "bodily injury" or "property damage" 

involved the ownership, maintenance, use or 

entrustment to others of any aircraft, "auto" or 

watercraft that is owned or operated by or 

rented or loaned to any insured. 

This exclusion does not apply to: 

 (1) A watercraft while ashore on premises you 

own or rent; 

 (2) A watercraft you do not own that is: 

 (a) Less than 26 feet long; and 

 (b) Not being used to carry persons or 

property for a charge; 

 (3) Parking an "auto" on, or on the ways next 

to, premises you own or rent, provided the 

"auto" is not owned by or rented or loaned 

to you or the insured; 

(4) Liability assumed under any "insured 

contract" for the ownership, maintenance or 

use of aircraft or watercraft; or 

 (5) "Bodily injury" or "property damage" arising 

out of: 

 (a) The operation of machinery or 

equipment that is attached to, or part of, 

a land vehicle that would qualify under 

the definition of "mobile equipment" if it 

were not subject to a compulsory or 

financial responsibility law or other 

motor vehicle insurance law where it is 

licensed or principally garaged; or 

 (b) The operation of any of the machinery 

or equipment listed in Paragraph f.(2) or 

f.(3) of the definition of "mobile 

equipment". 

 h. Mobile Equipment 

"Bodily injury" or "property damage" arising out 

of:

 (1) The transportation of "mobile equipment" by 

an "auto" owned or operated by or rented or 

loaned to any insured; or 

 (2) The use of "mobile equipment" in, or while 

in practice for, or while being prepared for, 

any prearranged racing, speed, demolition, 

or stunting activity. 

 i. War 

"Bodily injury" or "property damage", however 

caused, arising, directly or indirectly, out of: 

 (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.

 j. Damage To Property 

"Property damage" to: 

 (1) Property you own, rent, or occupy, including 

any costs or expenses incurred by you, or 

any other person, organization or entity, for 

repair, replacement, enhancement, 

restoration or maintenance of such property 

for any reason, including prevention of 

injury to a person or damage to another's 

property; 

 (2) Premises you sell, give away or abandon, if 

the "property damage" arises out of any 

part of those premises; 

 (3) Property loaned to you; 

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 (4) Personal property in the care, custody or 

control of the insured; 

 (5) That particular part of real property on 

which you or any contractors or 

subcontractors working directly or indirectly 

on your behalf are performing operations, if 

the "property damage" arises out of those 

operations; or 

 (6) That particular part of any property that 

must be restored, repaired or replaced 

because "your work" was incorrectly 

performed on it. 

Paragraphs (1), (3) and (4) of this exclusion do 

not apply to "property damage" (other than 

damage by fire) to premises, including the 

contents of such premises, rented to you for a 

period of seven or fewer consecutive days. A 

separate limit of insurance applies to Damage 

To Premises Rented To You as described in 

Section III – Limits Of Insurance. 

Paragraph (2) of this exclusion does not apply 

if the premises are "your work" and were never 

occupied, rented or held for rental by you. 

Paragraphs (3), (4), (5) and (6) of this 

exclusion do not apply to liability assumed 

under a sidetrack agreement. 

Paragraph (6) of this exclusion does not apply 

to "property damage" included in the "productscompleted operations hazard". 

 k. Damage To Your Product 

"Property damage" to "your product" arising out 

of it or any part of it. 

 l. Damage To Your Work 

"Property damage" to "your work" arising out of 

it or any part of it and included in the "productscompleted operations hazard". 

This exclusion does not apply if the damaged 

work or the work out of which the damage 

arises was performed on your behalf by a 

subcontractor. 

 m. Damage To Impaired Property Or Property 

Not Physically Injured 

"Property damage" to "impaired property" or 

property that has not been physically injured, 

arising out of: 

 (1) A defect, deficiency, inadequacy or 

dangerous condition in "your product" or 

"your work"; or 

 (2) A delay or failure by you or anyone acting 

on your behalf to perform a contract or 

agreement in accordance with its terms. 

This exclusion does not apply to the loss of use 

of other property arising out of sudden and 

accidental physical injury to "your product" or 

"your work" after it has been put to its intended 

use. 

 n. Recall Of Products, Work Or Impaired 

Property 

Damages claimed for any loss, cost or 

expense incurred by you or others for the loss 

of use, withdrawal, recall, inspection, repair, 

replacement, adjustment, removal or disposal 

of:

 (1) "Your product"; 

 (2) "Your work"; or 

 (3) "Impaired property"; 

if such product, work, or property is withdrawn 

or recalled from the market or from use by any 

person or organization because of a known or 

suspected defect, deficiency, inadequacy or 

dangerous condition in it. 

 o. Personal And Advertising Injury 

"Bodily injury" arising out of "personal and 

advertising injury". 

 p. Electronic Data 

Damages arising out of the loss of, loss of use 

of, damage to, corruption of, inability to access, 

or inability to manipulate electronic data. 

However, this exclusion does not apply to 

liability for damages because of "bodily injury". 

As used in this exclusion, electronic data 

means information, facts or programs stored as 

or on, created or used on, or transmitted to or 

from computer software, including systems and 

applications software, hard or floppy disks, CDROMs, tapes, drives, cells, data processing 

devices or any other media which are used 

with electronically controlled equipment. 

 q. Recording And Distribution Of Material Or 

Information In Violation Of Law 

"Bodily injury" or "property damage" arising 

directly or indirectly out of any action or 

omission that violates or is alleged to violate: 

 (1) The Telephone Consumer Protection Act 

(TCPA), including any amendment of or 

addition to such law; 

(2) The CAN-SPAM Act of 2003, including any 

amendment of or addition to such law; 

(3) The Fair Credit Reporting Act (FCRA), and 

any amendment of or addition to such law, 

including the Fair and Accurate Credit 

Transactions Act (FACTA); or 

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 (4) Any federal, state or local statute, 

ordinance or regulation, other than the 

TCPA, CAN-SPAM Act of 2003 or FCRA 

and their amendments and additions, that 

addresses, prohibits, or limits the printing, 

dissemination, disposal, collecting, 

recording, sending, transmitting, 

communicating or distribution of material or 

information.

Exclusions c. through n. do not apply to damage 

by fire to premises while rented to you or 

temporarily occupied by you with permission of the 

owner. A separate limit of insurance applies to this 

coverage as described in Section III – Limits Of 

Insurance. 

COVERAGE B – PERSONAL AND ADVERTISING 

INJURY LIABILITY

 1. Insuring Agreement 

 a. We will pay those sums that the insured 

becomes legally obligated to pay as damages 

because of "personal and advertising injury" to 

which this insurance applies. We will have the 

right and duty to defend the insured against 

any "suit" seeking those damages. However, 

we will have no duty to defend the insured 

against any "suit" seeking damages for 

"personal and advertising injury" to which this 

insurance does not apply. We may, at our 

discretion, investigate any offense and settle 

any claim or "suit" that may result. But: 

 (1) The amount we will pay for damages is 

limited as described in Section III – Limits 

Of Insurance; and 

 (2) Our right and duty to defend end when we 

have used up the applicable limit of 

insurance in the payment of judgments or 

settlements under Coverages A or B or 

medical expenses under Coverage C.

No other obligation or liability to pay sums or 

perform acts or services is covered unless 

explicitly provided for under Supplementary 

Payments – Coverages A and B.

 b. This insurance applies to "personal and 

advertising injury" caused by an offense arising 

out of your business but only if the offense was 

committed in the "coverage territory" during the 

policy period. 

 2. Exclusions 

This insurance does not apply to: 

 a. Knowing Violation Of Rights Of Another 

"Personal and advertising injury" caused by or 

at the direction of the insured with the 

knowledge that the act would violate the rights 

of another and would inflict "personal and 

advertising injury". 

 b. Material Published With Knowledge Of 

Falsity 

"Personal and advertising injury" arising out of 

oral or written publication, in any manner, of 

material, if done by or at the direction of the 

insured with knowledge of its falsity. 

 c. Material Published Prior To Policy Period 

"Personal and advertising injury" arising out of 

oral or written publication, in any manner, of 

material whose first publication took place 

before the beginning of the policy period. 

 d. Criminal Acts 

"Personal and advertising injury" arising out of 

a criminal act committed by or at the direction 

of the insured. 

 e. Contractual Liability 

"Personal and advertising injury" for which the 

insured has assumed liability in a contract or 

agreement. This exclusion does not apply to 

liability for damages that the insured would 

have in the absence of the contract or 

agreement. 

 f. Breach Of Contract 

"Personal and advertising injury" arising out of 

a breach of contract, except an implied 

contract to use another's advertising idea in 

your "advertisement". 

 g. Quality Or Performance Of Goods – Failure 

To Conform To Statements 

"Personal and advertising injury" arising out of 

the failure of goods, products or services to 

conform with any statement of quality or 

performance made in your "advertisement". 

 h. Wrong Description Of Prices 

"Personal and advertising injury" arising out of 

the wrong description of the price of goods, 

products or services stated in your 

"advertisement". 

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 i. Infringement Of Copyright, Patent, 

Trademark Or Trade Secret 

"Personal and advertising injury" arising out of 

the infringement of copyright, patent, 

trademark, trade secret or other intellectual 

property rights. Under this exclusion, such 

other intellectual property rights do not include 

the use of another's advertising idea in your 

"advertisement". 

However, this exclusion does not apply to 

infringement, in your "advertisement", of 

copyright, trade dress or slogan. 

 j. Insureds In Media And Internet Type 

Businesses 

"Personal and advertising injury" committed by 

an insured whose business is: 

 (1) Advertising, broadcasting, publishing or 

telecasting; 

(2) Designing or determining content of web 

sites for others; or 

(3) An Internet search, access, content or 

service provider. 

However, this exclusion does not apply to 

Paragraphs 14.a., b. and c. of "personal and 

advertising injury" under the Definitions 

section. 

For the purposes of this exclusion, the placing 

of frames, borders or links, or advertising, for 

you or others anywhere on the Internet, is not 

by itself, considered the business of 

advertising, broadcasting, publishing or 

telecasting. 

 k. Electronic Chatrooms Or Bulletin Boards 

"Personal and advertising injury" arising out of 

an electronic chatroom or bulletin board the 

insured hosts, owns, or over which the insured 

exercises control. 

 l. Unauthorized Use Of Another's Name Or 

Product

"Personal and advertising injury" arising out of 

the unauthorized use of another's name or 

product in your e-mail address, domain name 

or metatag, or any other similar tactics to 

mislead another's potential customers. 

 m. Pollution 

"Personal and advertising injury" arising out of 

the actual, alleged or threatened discharge, 

dispersal, seepage, migration, release or 

escape of "pollutants" at any time. 

 n. Pollution-related 

Any loss, cost or expense arising out of any: 

 (1) Request, demand, order or statutory or 

regulatory requirement that any insured or 

others test for, monitor, clean up, remove, 

contain, treat, detoxify or neutralize, or in 

any way respond to, or assess the effects 

of, "pollutants"; or

(2) Claim or suit by or on behalf of a 

governmental authority for damages 

because of testing for, monitoring, cleaning 

up, removing, containing, treating, 

detoxifying or neutralizing, or in any way 

responding to, or assessing the effects of, 

"pollutants".

 o. War 

"Personal and advertising injury", however 

caused, arising, directly or indirectly, out of: 

 (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.

 p. Recording And Distribution Of Material Or 

Information In Violation Of Law 

"Personal and advertising injury" arising 

directly or indirectly out of any action or 

omission that violates or is alleged to violate: 

(1) The Telephone Consumer Protection Act 

(TCPA), including any amendment of or 

addition to such law; 

(2) The CAN-SPAM Act of 2003, including any 

amendment of or addition to such law; 

(3) The Fair Credit Reporting Act (FCRA), and 

any amendment of or addition to such law, 

including the Fair and Accurate Credit 

Transactions Act (FACTA); or 

(4) Any federal, state or local statute, 

ordinance or regulation, other than the 

TCPA, CAN-SPAM Act of 2003 or FCRA 

and their amendments and additions, that 

addresses, prohibits, or limits the printing, 

dissemination, disposal, collecting, 

recording, sending, transmitting, 

communicating or distribution of material or 

information.

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COVERAGE C – MEDICAL PAYMENTS 

 1. Insuring Agreement 

 a. We will pay medical expenses as described 

below for "bodily injury" caused by an accident: 

 (1) On premises you own or rent; 

(2) On ways next to premises you own or rent; 

or 

 (3) Because of your operations; 

provided that: 

 (a) The accident takes place in the 

"coverage territory" and during the policy 

period; 

 (b) The expenses are incurred and reported 

to us within one year of the date of the 

accident; and 

 (c) The injured person submits to 

examination, at our expense, by 

physicians of our choice as often as we 

reasonably require. 

 b. We will make these payments regardless of 

fault. These payments will not exceed the 

applicable limit of insurance. We will pay 

reasonable expenses for: 

 (1) First aid administered at the time of an 

accident; 

 (2) Necessary medical, surgical, X-ray and 

dental services, including prosthetic 

devices; and 

 (3) Necessary ambulance, hospital, 

professional nursing and funeral services. 

 2. Exclusions 

We will not pay expenses for "bodily injury": 

 a. Any Insured 

To any insured, except "volunteer workers". 

 b. Hired Person 

To a person hired to do work for or on behalf of 

any insured or a tenant of any insured. 

 c. Injury On Normally Occupied Premises 

To a person injured on that part of premises 

you own or rent that the person normally 

occupies. 

 d. Workers' Compensation And Similar Laws 

To a person, whether or not an "employee" of 

any insured, if benefits for the "bodily injury" 

are payable or must be provided under a 

workers' compensation or disability benefits 

law or a similar law. 

 e. Athletics Activities 

To a person injured while practicing, instructing 

or participating in any physical exercises or 

games, sports, or athletic contests. 

 f. Products-Completed Operations Hazard 

Included within the "products-completed 

operations hazard". 

 g. Coverage A Exclusions 

Excluded under Coverage A.

SUPPLEMENTARY PAYMENTS – COVERAGES A 

AND B 

 1. We will pay, with respect to any claim we 

investigate or settle, or any "suit" against an 

insured we defend: 

 a. All expenses we incur. 

 b. Up to $250 for cost of bail bonds required 

because of accidents or traffic law violations 

arising out of the use of any vehicle to which 

the Bodily Injury Liability Coverage applies. We 

do not have to furnish these bonds. 

 c. The cost of bonds to release attachments, but 

only for bond amounts within the applicable 

limit of insurance. We do not have to furnish 

these bonds. 

 d. All reasonable expenses incurred by the 

insured at our request to assist us in the 

investigation or defense of the claim or "suit", 

including actual loss of earnings up to $250 a 

day because of time off from work. 

 e. All court costs taxed against the insured in the 

"suit". However, these payments do not include 

attorneys' fees or attorneys' expenses taxed 

against the insured. 

 f. Prejudgment interest awarded against the 

insured on that part of the judgment we pay. If 

we make an offer to pay the applicable limit of 

insurance, we will not pay any prejudgment 

interest based on that period of time after the 

offer.

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 g. All interest on the full amount of any judgment 

that accrues after entry of the judgment and 

before we have paid, offered to pay, or 

deposited in court the part of the judgment that 

is within the applicable limit of insurance. 

These payments will not reduce the limits of 

insurance. 

 2. If we defend an insured against a "suit" and an 

indemnitee of the insured is also named as a party 

to the "suit", we will defend that indemnitee if all of 

the following conditions are met: 

 a. The "suit" against the indemnitee seeks 

damages for which the insured has assumed 

the liability of the indemnitee in a contract or 

agreement that is an "insured contract"; 

 b. This insurance applies to such liability 

assumed by the insured; 

 c. The obligation to defend, or the cost of the 

defense of, that indemnitee, has also been 

assumed by the insured in the same "insured 

contract";

 d. The allegations in the "suit" and the information 

we know about the "occurrence" are such that 

no conflict appears to exist between the 

interests of the insured and the interests of the 

indemnitee; 

 e. The indemnitee and the insured ask us to 

conduct and control the defense of that 

indemnitee against such "suit" and agree that 

we can assign the same counsel to defend the 

insured and the indemnitee; and 

 f. The indemnitee: 

 (1) Agrees in writing to: 

 (a) Cooperate with us in the investigation, 

settlement or defense of the "suit"; 

 (b) Immediately send us copies of any 

demands, notices, summonses or legal 

papers received in connection with the 

"suit"; 

 (c) Notify any other insurer whose coverage 

is available to the indemnitee; and 

 (d) Cooperate with us with respect to 

coordinating other applicable insurance 

available to the indemnitee; and 

 (2) Provides us with written authorization to: 

 (a) Obtain records and other information 

related to the "suit"; and 

 (b) Conduct and control the defense of the 

indemnitee in such "suit". 

So long as the above conditions are met, 

attorneys' fees incurred by us in the defense of 

that indemnitee, necessary litigation expenses 

incurred by us and necessary litigation expenses 

incurred by the indemnitee at our request will be 

paid as Supplementary Payments. 

Notwithstanding the provisions of Paragraph 

2.b.(2) of Section I – Coverage A – Bodily Injury 

And Property Damage Liability, such payments will 

not be deemed to be damages for "bodily injury" 

and "property damage" and will not reduce the 

limits of insurance.

Our obligation to defend an insured's indemnitee 

and to pay for attorneys' fees and necessary 

litigation expenses as Supplementary Payments 

ends when we have used up the applicable limit of 

insurance in the payment of judgments or 

settlements or the conditions set forth above, or 

the terms of the agreement described in 

Paragraph f. above, are no longer met. 

SECTION II – WHO IS AN INSURED 

 1. If you are designated in the Declarations as: 

 a. An individual, you and your spouse are 

insureds, but only with respect to the conduct 

of a business of which you are the sole owner. 

 b. A partnership or joint venture, you are an 

insured. Your members, your partners, and 

their spouses are also insureds, but only with 

respect to the conduct of your business. 

 c. A limited liability company, you are an insured. 

Your members are also insureds, but only with 

respect to the conduct of your business. Your 

managers are insureds, but only with respect 

to their duties as your managers. 

 d. An organization other than a partnership, joint 

venture or limited liability company, you are an 

insured. Your "executive officers" and directors 

are insureds, but only with respect to their 

duties as your officers or directors. Your 

stockholders are also insureds, but only with 

respect to their liability as stockholders.

e. A trust, you are an insured. Your trustees are 

also insureds, but only with respect to their 

duties as trustees. 

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 2. Each of the following is also an insured: 

 a. Your "volunteer workers" only while performing 

duties related to the conduct of your business, 

or your "employees", other than either your 

"executive officers" (if you are an organization 

other than a partnership, joint venture or limited 

liability company) or your managers (if you are 

a limited liability company), but only for acts 

within the scope of their employment by you or 

while performing duties related to the conduct 

of your business. However, none of these 

"employees" or "volunteer workers" are 

insureds for: 

 (1) "Bodily injury" or "personal and advertising 

injury":

 (a) To you, to your partners or members (if 

you are a partnership or joint venture), 

to your members (if you are a limited 

liability company), to a co-"employee" 

while in the course of his or her 

employment or performing duties related 

to the conduct of your business, or to 

your other "volunteer workers" while 

performing duties related to the conduct 

of your business; 

 (b) To the spouse, child, parent, brother or 

sister of that co-"employee" or 

"volunteer worker" as a consequence of 

Paragraph (1)(a) above; 

 (c) For which there is any obligation to 

share damages with or repay someone 

else who must pay damages because of 

the injury described in Paragraph (1)(a)

or (b) above; or 

 (d) Arising out of his or her providing or 

failing to provide professional health 

care services. 

(2) "Property damage" to property: 

 (a) Owned, occupied or used by; 

 (b) Rented to, in the care, custody or 

control of, or over which physical control 

is being exercised for any purpose by; 

you, any of your "employees", "volunteer 

workers", any partner or member (if you are 

a partnership or joint venture), or any 

member (if you are a limited liability 

company). 

 b. Any person (other than your "employee" or 

"volunteer worker"), or any organization while 

acting as your real estate manager. 

 c. Any person or organization having proper 

temporary custody of your property if you die, 

but only:

 (1) With respect to liability arising out of the 

maintenance or use of that property; and 

 (2) Until your legal representative has been 

appointed. 

 d. Your legal representative if you die, but only 

with respect to duties as such. That 

representative will have all your rights and 

duties under this Coverage Part. 

 3. Any organization you newly acquire or form, other 

than a partnership, joint venture or limited liability 

company, and over which you maintain ownership 

or majority interest, will qualify as a Named 

Insured if there is no other similar insurance 

available to that organization. However: 

 a. Coverage under this provision is afforded only 

until the 90th day after you acquire or form the 

organization or the end of the policy period, 

whichever is earlier; 

b. Coverage A does not apply to "bodily injury" or 

"property damage" that occurred before you 

acquired or formed the organization; and 

 c. Coverage B does not apply to "personal and 

advertising injury" arising out of an offense 

committed before you acquired or formed the 

organization. 

No person or organization is an insured with respect 

to the conduct of any current or past partnership, joint 

venture or limited liability company that is not shown 

as a Named Insured in the Declarations. 

SECTION III – LIMITS OF INSURANCE 

 1. The Limits of Insurance shown in the Declarations 

and the rules below fix the most we will pay 

regardless of the number of: 

 a. Insureds; 

 b. Claims made or "suits" brought; or 

 c. Persons or organizations making claims or 

bringing "suits". 

 2. The General Aggregate Limit is the most we will 

pay for the sum of: 

 a. Medical expenses under Coverage C;

 b. Damages under Coverage A, except damages 

because of "bodily injury" or "property damage" 

included in the "products-completed operations 

hazard"; and 

 c. Damages under Coverage B.

Case 0:22-cv-62300-BB Document 1-6 Entered on FLSD Docket 12/08/2022 Page 21 of 80
CG 00 01 04 13 © Insurance Services Office, Inc., 2012 Page 11 of 16

 3. The Products-Completed Operations Aggregate 

Limit is the most we will pay under Coverage A for 

damages because of "bodily injury" and "property 

damage" included in the "products-completed 

operations hazard". 

 4. Subject to Paragraph 2. above, the Personal And 

Advertising Injury Limit is the most we will pay 

under Coverage B for the sum of all damages 

because of all "personal and advertising injury" 

sustained by any one person or organization. 

 5. Subject to Paragraph 2. or 3. above, whichever 

applies, the Each Occurrence Limit is the most we 

will pay for the sum of:

 a. Damages under Coverage A; and 

 b. Medical expenses under Coverage C

because of all "bodily injury" and "property 

damage" arising out of any one "occurrence". 

 6. Subject to Paragraph 5. above, the Damage To 

Premises Rented To You Limit is the most we will 

pay under Coverage A for damages because of 

"property damage" to any one premises, while 

rented to you, or in the case of damage by fire, 

while rented to you or temporarily occupied by you 

with permission of the owner. 

 7. Subject to Paragraph 5. above, the Medical 

Expense Limit is the most we will pay under 

Coverage C for all medical expenses because of 

"bodily injury" sustained by any one person. 

The Limits of Insurance of this Coverage Part apply 

separately to each consecutive annual period and to 

any remaining period of less than 12 months, starting 

with the beginning of the policy period shown in the 

Declarations, unless the policy period is extended 

after issuance for an additional period of less than 12 

months. In that case, the additional period will be 

deemed part of the last preceding period for purposes 

of determining the Limits of Insurance. 

SECTION IV – COMMERCIAL GENERAL LIABILITY 

CONDITIONS 

 1. Bankruptcy 

Bankruptcy or insolvency of the insured or of the 

insured's estate will not relieve us of our 

obligations under this Coverage Part. 

 2. Duties In The Event Of Occurrence, Offense, 

Claim Or Suit

 a. You must see to it that we are notified as soon 

as practicable of an "occurrence" or an offense 

which may result in a claim. To the extent 

possible, notice should include: 

 (1) How, when and where the "occurrence" or 

offense took place; 

 (2) The names and addresses of any injured 

persons and witnesses; and 

 (3) The nature and location of any injury or 

damage arising out of the "occurrence" or 

offense. 

 b. If a claim is made or "suit" is brought against 

any insured, you must: 

 (1) Immediately record the specifics of the 

claim or "suit" and the date received; and 

 (2) Notify us as soon as practicable. 

You must see to it that we receive written 

notice of the claim or "suit" as soon as 

practicable. 

c. You and any other involved insured must: 

 (1) Immediately send us copies of any 

demands, notices, summonses or legal 

papers received in connection with the 

claim or "suit"; 

 (2) Authorize us to obtain records and other 

information;

 (3) Cooperate with us in the investigation or 

settlement of the claim or defense against 

the "suit"; and

 (4) Assist us, upon our request, in the 

enforcement of any right against any 

person or organization which may be liable 

to the insured because of injury or damage 

to which this insurance may also apply. 

 d. No insured will, except at that insured's own 

cost, voluntarily make a payment, assume any 

obligation, or incur any expense, other than for 

first aid, without our consent. 

 3. Legal Action Against Us 

No person or organization has a right under this 

Coverage Part: 

 a. To join us as a party or otherwise bring us into 

a "suit" asking for damages from an insured; or 

 b. To sue us on this Coverage Part unless all of 

its terms have been fully complied with. 

A person or organization may sue us to recover on 

an agreed settlement or on a final judgment 

against an insured; but we will not be liable for 

damages that are not payable under the terms of 

this Coverage Part or that are in excess of the 

applicable limit of insurance. An agreed settlement 

means a settlement and release of liability signed 

by us, the insured and the claimant or the 

claimant's legal representative. 

Case 0:22-cv-62300-BB Document 1-6 Entered on FLSD Docket 12/08/2022 Page 22 of 80
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 4. Other Insurance 

If other valid and collectible insurance is available 

to the insured for a loss we cover under 

Coverages A or B of this Coverage Part, our 

obligations are limited as follows: 

 a. Primary Insurance 

This insurance is primary except when

Paragraph b. below applies. If this insurance is 

primary, our obligations are not affected unless 

any of the other insurance is also primary. 

Then, we will share with all that other 

insurance by the method described in

Paragraph c. below. 

 b. Excess Insurance 

(1) This insurance is excess over: 

 (a) Any of the other insurance, whether 

primary, excess, contingent or on any 

other basis: 

(i) That is Fire, Extended Coverage, 

Builder's Risk, Installation Risk or 

similar coverage for "your work"; 

(ii) That is Fire insurance for premises 

rented to you or temporarily 

occupied by you with permission of 

the owner; 

(iii) That is insurance purchased by you 

to cover your liability as a tenant for 

"property damage" to premises 

rented to you or temporarily 

occupied by you with permission of 

the owner; or 

(iv) If the loss arises out of the 

maintenance or use of aircraft, 

"autos" or watercraft to the extent not 

subject to Exclusion g. of Section I – 

Coverage A – Bodily Injury And 

Property Damage Liability. 

 (b) Any other primary insurance available to 

you covering liability for damages 

arising out of the premises or 

operations, or the products and 

completed operations, for which you 

have been added as an additional 

insured. 

 (2) When this insurance is excess, we will have 

no duty under Coverages A or B to defend 

the insured against any "suit" if any other 

insurer has a duty to defend the insured 

against that "suit". If no other insurer 

defends, we will undertake to do so, but we 

will be entitled to the insured's rights 

against all those other insurers. 

 (3) When this insurance is excess over other 

insurance, we will pay only our share of the 

amount of the loss, if any, that exceeds the 

sum of:

 (a) The total amount that all such other 

insurance would pay for the loss in the 

absence of this insurance; and 

 (b) The total of all deductible and selfinsured amounts under all that other 

insurance. 

 (4) We will share the remaining loss, if any, 

with any other insurance that is not 

described in this Excess Insurance 

provision and was not bought specifically to 

apply in excess of the Limits of Insurance 

shown in the Declarations of this Coverage 

Part.

 c. Method Of Sharing 

If all of the other insurance permits contribution 

by equal shares, we will follow this method 

also. Under this approach each insurer 

contributes equal amounts until it has paid its 

applicable limit of insurance or none of the loss 

remains, whichever comes first. 

If any of the other insurance does not permit 

contribution by equal shares, we will contribute 

by limits. Under this method, each insurer's 

share is based on the ratio of its applicable 

limit of insurance to the total applicable limits of 

insurance of all insurers. 

 5. Premium Audit 

 a. We will compute all premiums for this 

Coverage Part in accordance with our rules 

and rates. 

 b. Premium shown in this Coverage Part as 

advance premium is a deposit premium only. 

At the close of each audit period we will 

compute the earned premium for that period 

and send notice to the first Named Insured. 

The due date for audit and retrospective 

premiums is the date shown as the due date 

on the bill. If the sum of the advance and audit 

premiums paid for the policy period is greater 

than the earned premium, we will return the 

excess to the first Named Insured. 

 c. The first Named Insured must keep records of 

the information we need for premium 

computation, and send us copies at such times 

as we may request. 

 6. Representations 

By accepting this policy, you agree: 

 a. The statements in the Declarations are 

accurate and complete; 

Case 0:22-cv-62300-BB Document 1-6 Entered on FLSD Docket 12/08/2022 Page 23 of 80
CG 00 01 04 13 © Insurance Services Office, Inc., 2012 Page 13 of 16

 b. Those statements are based upon 

representations you made to us; and 

 c. We have issued this policy in reliance upon 

your representations. 

 7. Separation Of Insureds 

Except with respect to the Limits of Insurance, and 

any rights or duties specifically assigned in this 

Coverage Part to the first Named Insured, this 

insurance applies: 

 a. As if each Named Insured were the only 

Named Insured; and 

 b. Separately to each insured against whom claim 

is made or "suit" is brought. 

 8. Transfer Of Rights Of Recovery Against Others 

To Us 

If the insured has rights to recover all or part of 

any payment we have made under this Coverage 

Part, those rights are transferred to us. The 

insured must do nothing after loss to impair them. 

At our request, the insured will bring "suit" or 

transfer those rights to us and help us enforce 

them.

 9. When We Do Not Renew 

If we decide not to renew this Coverage Part, we 

will mail or deliver to the first Named Insured 

shown in the Declarations written notice of the 

nonrenewal not less than 30 days before the 

expiration date. 

If notice is mailed, proof of mailing will be sufficient 

proof of notice.

SECTION V – DEFINITIONS

 1. "Advertisement" means a notice that is broadcast 

or published to the general public or specific 

market segments about your goods, products or 

services for the purpose of attracting customers or 

supporters. For the purposes of this definition: 

 a. Notices that are published include material 

placed on the Internet or on similar electronic 

means of communication; and 

b. Regarding web sites, only that part of a web 

site that is about your goods, products or 

services for the purposes of attracting 

customers or supporters is considered an 

advertisement. 

 2. "Auto" means: 

 a. A land motor vehicle, trailer or semitrailer 

designed for travel on public roads, including 

any attached machinery or equipment; or 

b. Any other land vehicle that is subject to a 

compulsory or financial responsibility law or 

other motor vehicle insurance law where it is 

licensed or principally garaged. 

However, "auto" does not include "mobile 

equipment". 

 3. "Bodily injury" means bodily injury, sickness or 

disease sustained by a person, including death 

resulting from any of these at any time. 

 4. "Coverage territory" means: 

 a. The United States of America (including its 

territories and possessions), Puerto Rico and 

Canada; 

 b. International waters or airspace, but only if the 

injury or damage occurs in the course of travel 

or transportation between any places included 

in Paragraph a. above; or 

 c. All other parts of the world if the injury or 

damage arises out of: 

 (1) Goods or products made or sold by you in 

the territory described in Paragraph a.

above;

 (2) The activities of a person whose home is in 

the territory described in Paragraph a.

above, but is away for a short time on your 

business; or 

 (3) "Personal and advertising injury" offenses 

that take place through the Internet or 

similar electronic means of communication; 

provided the insured's responsibility to pay 

damages is determined in a "suit" on the merits, in 

the territory described in Paragraph a. above or in 

a settlement we agree to. 

 5. "Employee" includes a "leased worker". 

"Employee" does not include a "temporary 

worker". 

 6. "Executive officer" means a person holding any of 

the officer positions created by your charter, 

constitution, bylaws or any other similar governing 

document.

7. "Hostile fire" means one which becomes 

uncontrollable or breaks out from where it was 

intended to be. 

 8. "Impaired property" means tangible property, other 

than "your product" or "your work", that cannot be 

used or is less useful because: 

 a. It incorporates "your product" or "your work" 

that is known or thought to be defective, 

deficient, inadequate or dangerous; or 

 b. You have failed to fulfill the terms of a contract 

or agreement; 

if such property can be restored to use by the 

repair, replacement, adjustment or removal of 

"your product" or "your work" or your fulfilling the 

terms of the contract or agreement. 

Case 0:22-cv-62300-BB Document 1-6 Entered on FLSD Docket 12/08/2022 Page 24 of 80
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9. "Insured contract" means: 

 a. A contract for a lease of premises. However, 

that portion of the contract for a lease of 

premises that indemnifies any person or 

organization for damage by fire to premises 

while rented to you or temporarily occupied by 

you with permission of the owner is not an 

"insured contract"; 

 b. A sidetrack agreement; 

 c. Any easement or license agreement, except in 

connection with construction or demolition 

operations on or within 50 feet of a railroad; 

 d. An obligation, as required by ordinance, to 

indemnify a municipality, except in connection 

with work for a municipality; 

 e. An elevator maintenance agreement; 

f. That part of any other contract or agreement 

pertaining to your business (including an 

indemnification of a municipality in connection 

with work performed for a municipality) under 

which you assume the tort liability of another 

party to pay for "bodily injury" or "property 

damage" to a third person or organization. Tort 

liability means a liability that would be imposed 

by law in the absence of any contract or 

agreement. 

Paragraph f. does not include that part of any 

contract or agreement: 

 (1) That indemnifies a railroad for "bodily injury" 

or "property damage" arising out of 

construction or demolition operations, within 

50 feet of any railroad property and 

affecting any railroad bridge or trestle, 

tracks, road-beds, tunnel, underpass or 

crossing; 

 (2) That indemnifies an architect, engineer or 

surveyor for injury or damage arising out of: 

 (a) Preparing, approving, or failing to 

prepare or approve, maps, shop 

drawings, opinions, reports, surveys, 

field orders, change orders or drawings 

and specifications; or 

 (b) Giving directions or instructions, or 

failing to give them, if that is the primary 

cause of the injury or damage; or 

 (3) Under which the insured, if an architect, 

engineer or surveyor, assumes liability for 

an injury or damage arising out of the 

insured's rendering or failure to render 

professional services, including those listed 

in (2) above and supervisory, inspection, 

architectural or engineering activities. 

10."Leased worker" means a person leased to you by 

a labor leasing firm under an agreement between 

you and the labor leasing firm, to perform duties 

related to the conduct of your business. "Leased 

worker" does not include a "temporary worker". 

11."Loading or unloading" means the handling of 

property: 

 a. After it is moved from the place where it is 

accepted for movement into or onto an aircraft, 

watercraft or "auto"; 

b. While it is in or on an aircraft, watercraft or 

"auto"; or

 c. While it is being moved from an aircraft, 

watercraft or "auto" to the place where it is 

finally delivered;

but "loading or unloading" does not include the 

movement of property by means of a mechanical 

device, other than a hand truck, that is not 

attached to the aircraft, watercraft or "auto". 

12."Mobile equipment" means any of the following 

types of land vehicles, including any attached 

machinery or equipment: 

 a. Bulldozers, farm machinery, forklifts and other 

vehicles designed for use principally off public 

roads; 

 b. Vehicles maintained for use solely on or next to 

premises you own or rent; 

 c. Vehicles that travel on crawler treads; 

 d. Vehicles, whether self-propelled or not, 

maintained primarily to provide mobility to 

permanently mounted: 

 (1) Power cranes, shovels, loaders, diggers or 

drills; or

 (2) Road construction or resurfacing equipment 

such as graders, scrapers or rollers; 

 e. Vehicles not described in Paragraph a., b., c.

or d. above that are not self-propelled and are 

maintained primarily to provide mobility to 

permanently attached equipment of the 

following types: 

 (1) Air compressors, pumps and generators, 

including spraying, welding, building 

cleaning, geophysical exploration, lighting 

and well servicing equipment; or 

 (2) Cherry pickers and similar devices used to 

raise or lower workers; 

 f. Vehicles not described in Paragraph a., b., c.

or d. above maintained primarily for purposes 

other than the transportation of persons or 

cargo.

Case 0:22-cv-62300-BB Document 1-6 Entered on FLSD Docket 12/08/2022 Page 25 of 80
CG 00 01 04 13 © Insurance Services Office, Inc., 2012 Page 15 of 16

However, self-propelled vehicles with the 

following types of permanently attached 

equipment are not "mobile equipment" but will 

be considered "autos": 

 (1) Equipment designed primarily for: 

 (a) Snow removal; 

 (b) Road maintenance, but not construction 

or resurfacing; or 

 (c) Street cleaning; 

 (2) Cherry pickers and similar devices mounted 

on automobile or truck chassis and used to 

raise or lower workers; and 

(3) Air compressors, pumps and generators, 

including spraying, welding, building 

cleaning, geophysical exploration, lighting 

and well servicing equipment. 

However, "mobile equipment" does not include 

any land vehicles that are subject to a compulsory 

or financial responsibility law or other motor 

vehicle insurance law where it is licensed or 

principally garaged. Land vehicles subject to a 

compulsory or financial responsibility law or other 

motor vehicle insurance law are considered 

"autos". 

13."Occurrence" means an accident, including 

continuous or repeated exposure to substantially 

the same general harmful conditions. 

14."Personal and advertising injury" means injury, 

including consequential "bodily injury", arising out 

of one or more of the following offenses: 

 a. False arrest, detention or imprisonment; 

 b. Malicious prosecution; 

 c. The wrongful eviction from, wrongful entry into, 

or invasion of the right of private occupancy of 

a room, dwelling or premises that a person 

occupies, committed by or on behalf of its 

owner, landlord or lessor; 

 d. Oral or written publication, in any manner, of 

material that slanders or libels a person or 

organization or disparages a person's or 

organization's goods, products or services; 

 e. Oral or written publication, in any manner, of 

material that violates a person's right of 

privacy; 

f. The use of another's advertising idea in your 

"advertisement"; or 

g. Infringing upon another's copyright, trade dress 

or slogan in your "advertisement". 

15."Pollutants" mean 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. 

16."Products-completed operations hazard": 

 a. Includes all "bodily injury" and "property 

damage" occurring away from premises you 

own or rent and arising out of "your product" or 

"your work" except: 

 (1) Products that are still in your physical 

possession; or 

 (2) Work that has not yet been completed or 

abandoned. However, "your work" will be 

deemed completed at the earliest of the 

following times: 

 (a) When all of the work called for in your 

contract has been completed. 

 (b) When all of the work to be done at the 

job site has been completed if your 

contract calls for work at more than one 

job site. 

 (c) When that part of the work done at a job 

site has been put to its intended use by 

any person or organization other than 

another contractor or subcontractor 

working on the same project. 

Work that may need service, maintenance, 

correction, repair or replacement, but which 

is otherwise complete, will be treated as 

completed. 

b. Does not include "bodily injury" or "property 

damage" arising out of: 

 (1) The transportation of property, unless the 

injury or damage arises out of a condition in 

or on a vehicle not owned or operated by 

you, and that condition was created by the 

"loading or unloading" of that vehicle by any 

insured; 

 (2) The existence of tools, uninstalled 

equipment or abandoned or unused 

materials; or 

 (3) Products or operations for which the 

classification, listed in the Declarations or in 

a policy Schedule, states that productscompleted operations are subject to the 

General Aggregate Limit. 

17."Property damage" means: 

 a. Physical injury to tangible property, including 

all resulting loss of use of that property. All 

such loss of use shall be deemed to occur at 

the time of the physical injury that caused it; or 

 b. Loss of use of tangible property that is not 

physically injured. All such loss of use shall be 

deemed to occur at the time of the 

"occurrence" that caused it. 

For the purposes of this insurance, electronic data 

is not tangible property. 

Case 0:22-cv-62300-BB Document 1-6 Entered on FLSD Docket 12/08/2022 Page 26 of 80
Page 16 of 16 © Insurance Services Office, Inc., 2012 CG 00 01 04 13

As used in this definition, electronic data means 

information, facts or programs stored as or on, 

created or used on, or transmitted to or from 

computer software, including systems and 

applications software, hard or floppy disks, CDROMs, tapes, drives, cells, data processing 

devices or any other media which are used with 

electronically controlled equipment. 

18."Suit" means a civil proceeding in which damages 

because of "bodily injury", "property damage" or 

"personal and advertising injury" to which this 

insurance applies are alleged. "Suit" includes: 

 a. An arbitration proceeding in which such 

damages are claimed and to which the insured 

must submit or does submit with our consent; 

or 

 b. Any other alternative dispute resolution 

proceeding in which such damages are 

claimed and to which the insured submits with 

our consent. 

19."Temporary worker" means a person who is 

furnished to you to substitute for a permanent 

"employee" on leave or to meet seasonal or shortterm workload conditions.

20."Volunteer worker" means a person who is not 

your "employee", and who donates his or her work 

and acts at the direction of and within the scope of 

duties determined by you, and is not paid a fee, 

salary or other compensation by you or anyone 

else for their work performed for you. 

21."Your product": 

 a. Means:

 (1) Any goods or products, other than real 

property, manufactured, sold, handled, 

distributed or disposed of by:

 (a) You;

 (b) Others trading under your name; or

 (c) A person or organization whose 

business or assets you have acquired; 

and

 (2) Containers (other than vehicles), materials, 

parts or equipment furnished in connection 

with such goods or products.

b. Includes:

 (1) Warranties or representations made at any 

time with respect to the fitness, quality, 

durability, performance or use of "your 

product"; and

 (2) The providing of or failure to provide 

warnings or instructions.

 c. Does not include vending machines or other 

property rented to or located for the use of 

others but not sold.

22."Your work":

 a. Means:

 (1) Work or operations performed by you or on 

your behalf; and

 (2) Materials, parts or equipment furnished in 

connection with such work or operations. 

b. Includes:

 (1) Warranties or representations made at any 

time with respect to the fitness, quality, 

durability, performance or use of "your 

work"; and

 (2) The providing of or failure to provide 

warnings or instructions.

Case 0:22-cv-62300-BB Document 1-6 Entered on FLSD Docket 12/08/2022 Page 27 of 80
POLICY NUMBER: COMMERCIAL GENERAL LIABILITY

CG 20 10 04 13

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. 

CG 20 10 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 2

ADDITIONAL INSURED – OWNERS, LESSEES OR 

CONTRACTORS – SCHEDULED PERSON OR 

ORGANIZATION 

This endorsement modifies insurance provided under the following: 

COMMERCIAL GENERAL LIABILITY COVERAGE PART 

SCHEDULE 

Name Of Additional Insured Person(s) 

Or Organization(s) Location(s) Of Covered Operations 

 

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

A. Section II – Who Is An Insured is amended to 

include as an additional insured the person(s) or 

organization(s) shown in the Schedule, but only 

with respect to liability for "bodily injury", "property 

damage" or "personal and advertising injury" 

caused, in whole or in part, by: 

 1. Your acts or omissions; or 

2. The acts or omissions of those acting on your 

behalf; 

in the performance of your ongoing operations for 

the additional insured(s) at the location(s) 

designated above. 

However: 

 1. The insurance afforded to such additional 

insured only applies to the extent permitted by 

law; and

 2. If coverage provided to the additional insured is 

required by a contract or agreement, the 

insurance afforded to such additional insured

will not be broader than that which you are 

required by the contract or agreement to 

provide for such additional insured.

B. With respect to the insurance afforded to these 

additional insureds, the following additional 

exclusions apply: 

This insurance does not apply to "bodily injury" or 

"property damage" occurring after: 

 1. All work, including materials, parts or 

equipment furnished in connection with such 

work, on the project (other than service, 

maintenance or repairs) to be performed by or 

on behalf of the additional insured(s) at the 

location of the covered operations has been 

completed; or

 2. That portion of "your work" out of which the 

injury or damage arises has been put to its 

intended use by any person or organization 

other than another contractor or subcontractor 

engaged in performing operations for a 

principal as a part of the same project. 

NN1087682

Where required by written contract or

agreement

City of Miami, 444 SW 2nd Ave

8th Floor, Miami, FL 33130

Case 0:22-cv-62300-BB Document 1-6 Entered on FLSD Docket 12/08/2022 Page 28 of 80
Page 2 of 2 © Insurance Services Office, Inc., 2012 CG 20 10 04 13

C. With respect to the insurance afforded to these 

additional insureds, the following is added to

Section III – Limits Of Insurance: 

If coverage provided to the additional insured is 

required by a contract or agreement, the most we 

will pay on behalf of the additional insured is the 

amount of insurance: 

 1. Required by the contract or agreement; or 

 2. Available under the applicable Limits of 

Insurance shown in the Declarations; 

whichever is less. 

This endorsement shall not increase the 

applicable Limits of Insurance shown in the 

Declarations. 

Case 0:22-cv-62300-BB Document 1-6 Entered on FLSD Docket 12/08/2022 Page 29 of 80
POLICY NUMBER: COMMERCIAL GENERAL LIABILITY

CG 20 37 04 13

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. 

CG 20 37 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 1

ADDITIONAL INSURED – OWNERS, LESSEES OR

CONTRACTORS – COMPLETED OPERATIONS 

This endorsement modifies insurance provided under the following: 

COMMERCIAL GENERAL LIABILITY COVERAGE PART 

PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART 

SCHEDULE 

Name Of Additional Insured Person(s) 

Or Organization(s) Location And Description Of Completed Operations

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

A. Section II – Who Is An Insured is amended to 

include as an additional insured the person(s) or 

organization(s) shown in the Schedule, but only 

with respect to liability for "bodily injury" or 

"property damage" caused, in whole or in part, by 

"your work" at the location designated and 

described in the Schedule of this endorsement 

performed for that additional insured and 

included in the "products-completed operations 

hazard". 

However: 

 1. The insurance afforded to such additional 

insured only applies to the extent permitted 

by law; and

 2. If coverage provided to the additional insured 

is required by a contract or agreement, the 

insurance afforded to such additional insured

will not be broader than that which you are 

required by the contract or agreement to 

provide for such additional insured.

B. With respect to the insurance afforded to these 

additional insureds, the following is added to 

Section III – Limits Of Insurance: 

If coverage provided to the additional insured is 

required by a contract or agreement, the most we 

will pay on behalf of the additional insured is the 

amount of insurance: 

 1. Required by the contract or agreement; or 

 2. Available under the applicable Limits of 

Insurance shown in the Declarations;

whichever is less. 

This endorsement shall not increase the applicable 

Limits of Insurance shown in the Declarations. 

Where required by written contract or

agreement NN1087682

City of Miami, 444 SW 2nd Ave

8th Floor, Miami, FL 33130

Water and Sewer Main and Drainage

Construction

Case 0:22-cv-62300-BB Document 1-6 Entered on FLSD Docket 12/08/2022 Page 30 of 80
COMMERCIAL GENERAL LIABILITY

CG 21 07 05 14

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

CG 21 07 05 14 Copyright, Insurance Services Office, Inc., 2013 Page 1 of 1

EXCLUSION – ACCESS OR DISCLOSURE OF 

CONFIDENTIAL OR PERSONAL INFORMATION AND 

DATA-RELATED LIABILITY – LIMITED BODILY INJURY 

EXCEPTION NOT INCLUDED

This endorsement modifies insurance provided under the following: 

COMMERCIAL GENERAL LIABILITY COVERAGE PART

A. Exclusion 2.p. of Section I – Coverage A –

Bodily Injury And Property Damage Liability is 

replaced by the following: 

2. Exclusions 

This insurance does not apply to: 

p. Access Or Disclosure Of Confidential Or 

Personal Information And Data-related 

Liability

Damages arising out of: 

(1) Any access to or disclosure of any 

person's or organization's confidential or 

personal information, including patents, 

trade secrets, processing methods, 

customer lists, financial information, 

credit card information, health 

information or any other type of 

nonpublic information; or 

(2) The loss of, loss of use of, damage to, 

corruption of, inability to access, or 

inability to manipulate electronic data. 

This exclusion applies even if damages are 

claimed for notification costs, credit 

monitoring expenses, forensic expenses, 

public relations expenses or any other loss, 

cost or expense incurred by you or others 

arising out of that which is described in 

Paragraph (1) or (2) above.

As used in this exclusion, electronic data 

means information, facts or programs 

stored as or on, created or used on, or 

transmitted to or from computer software, 

including systems and applications 

software, hard or floppy disks, CD-ROMs, 

tapes, drives, cells, data processing 

devices or any other media which are used 

with electronically controlled equipment.

B. The following is added to Paragraph 2. 

Exclusions of Section I – Coverage B –

Personal And Advertising Injury Liability: 

2. Exclusions 

This insurance does not apply to: 

Access Or Disclosure Of Confidential Or 

Personal Information

"Personal and advertising injury" arising out of 

any access to or disclosure of any person's or 

organization's confidential or personal 

information, including patents, trade secrets, 

processing methods, customer lists, financial 

information, credit card information, health 

information or any other type of nonpublic 

information.

This exclusion applies even if damages are 

claimed for notification costs, credit monitoring 

expenses, forensic expenses, public relations 

expenses or any other loss, cost or expense 

incurred by you or others arising out of any 

access to or disclosure of any person's or 

organization's confidential or personal 

information.

Case 0:22-cv-62300-BB Document 1-6 Entered on FLSD Docket 12/08/2022 Page 31 of 80
COMMERCIAL GENERAL LIABILITY

CG 21 09 06 15

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

CG 21 09 06 15 © Insurance Services Office, Inc., 2014 Page 1 of 2

EXCLUSION – UNMANNED AIRCRAFT

This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

A. Exclusion 2.g. Aircraft, Auto Or Watercraft under 

Section I – Coverage A – Bodily Injury And 

Property Damage Liability is replaced by the 

following:

2. Exclusions

This insurance does not apply to:

g. Aircraft, Auto Or Watercraft 

(1) Unmanned Aircraft

"Bodily injury" or "property damage" 

arising out of the ownership, 

maintenance, use or entrustment to 

others of any aircraft that is an 

"unmanned aircraft". Use includes 

operation and "loading or unloading". 

This Paragraph g.(1) applies even if the 

claims against any insured allege 

negligence or other wrongdoing in the 

supervision, hiring, employment, training 

or monitoring of others by that insured, if 

the "occurrence" which caused the 

"bodily injury" or "property damage" 

involved the ownership, maintenance, 

use or entrustment to others of any 

aircraft that is an "unmanned aircraft".

(2) Aircraft (Other Than Unmanned 

Aircraft), Auto Or Watercraft

"Bodily injury" or "property damage" 

arising out of the ownership, 

maintenance, use or entrustment to 

others of any aircraft (other than 

"unmanned aircraft"), "auto" or 

watercraft owned or operated by or 

rented or loaned to any insured. Use 

includes operation and "loading or 

unloading". 

This Paragraph g.(2) applies even if the 

claims against any insured allege 

negligence or other wrongdoing in the 

supervision, hiring, employment, training 

or monitoring of others by that insured, if 

the "occurrence" which caused the 

"bodily injury" or "property damage" 

involved the ownership, maintenance, 

use or entrustment to others of any 

aircraft (other than "unmanned aircraft"), 

"auto" or watercraft that is owned or 

operated by or rented or loaned to any 

insured.

This Paragraph g.(2) does not apply to: 

(a) A watercraft while ashore on 

premises you own or rent; 

(b) A watercraft you do not own that is: 

(i) Less than 26 feet long; and 

(ii) Not being used to carry persons 

or property for a charge;

(c) Parking an "auto" on, or on the ways 

next to, premises you own or rent, 

provided the "auto" is not owned by 

or rented or loaned to you or the 

insured; 

(d) Liability assumed under any "insured 

contract" for the ownership, 

maintenance or use of aircraft or 

watercraft; or 

Case 0:22-cv-62300-BB Document 1-6 Entered on FLSD Docket 12/08/2022 Page 32 of 80
Page 2 of 2 © Insurance Services Office, Inc., 2014 CG 21 09 06 15

(e) "Bodily injury" or "property damage" 

arising out of: 

(i) The operation of machinery or 

equipment that is attached to, or 

part of, a land vehicle that would 

qualify under the definition of 

"mobile equipment" if it were not 

subject to a compulsory or 

financial responsibility law or 

other motor vehicle insurance law 

where it is licensed or principally 

garaged; or

(ii) The operation of any of the 

machinery or equipment listed in 

Paragraph f.(2) or f.(3) of the 

definition of "mobile equipment". 

B. The following exclusion is added to Paragraph 2. 

Exclusions of Coverage B – Personal And 

Advertising Injury Liability:

2. Exclusions

This insurance does not apply to:

Unmanned Aircraft

"Personal and advertising injury" arising out of 

the ownership, maintenance, use or 

entrustment to others of any aircraft that is an 

"unmanned aircraft". Use includes operation 

and "loading or unloading".

This exclusion applies even if the claims 

against any insured allege negligence or other 

wrongdoing in the supervision, hiring, 

employment, training or monitoring of others by 

that insured, if the offense which caused the 

"personal and advertising injury" involved the 

ownership, maintenance, use or entrustment to 

others of any aircraft that is an "unmanned 

aircraft".

This exclusion does not apply to:

a. The use of another's advertising idea in 

your "advertisement"; or

b. Infringing upon another's copyright, trade 

dress or slogan in your "advertisement".

C. The following definition is added to the Definitions 

section:

"Unmanned aircraft" means an aircraft that is not:

1. Designed;

2. Manufactured; or

3. Modified after manufacture;

to be controlled directly by a person from within or 

on the aircraft.

Case 0:22-cv-62300-BB Document 1-6 Entered on FLSD Docket 12/08/2022 Page 33 of 80
COMMERCIAL GENERAL LIABILITY

CG 21 47 12 07

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. 

CG 21 47 12 07 © ISO Properties, Inc., 2006 Page 1 of 1 

EMPLOYMENT-RELATED PRACTICES EXCLUSION 

This endorsement modifies insurance provided under the following: 

COMMERCIAL GENERAL LIABILITY COVERAGE PART 

A. The following exclusion is added to Paragraph 2.,

Exclusions of Section I – Coverage A – Bodily 

Injury And Property Damage Liability:

This insurance does not apply to: 

"Bodily injury" to:

 (1) A person arising out of any: 

 (a) Refusal to employ that person; 

 (b) Termination of that person's employment; 

or

 (c) Employment-related practices, policies, 

acts or omissions, such as coercion, demotion, evaluation, reassignment, discipline, 

defamation, harassment, humiliation, discrimination or malicious prosecution directed at that person; or 

 (2) The spouse, child, parent, brother or sister of 

that person as a consequence of "bodily injury" 

to that person at whom any of the employmentrelated practices described in Paragraphs (a),

(b), or (c) above is directed. 

This exclusion applies: 

 (1) Whether the injury-causing event described in 

Paragraphs (a), (b) or (c) above occurs before 

employment, during employment or after employment of that person; 

 (2) Whether the insured may be liable as an employer or in any other capacity; and 

 (3) To any obligation to share damages with or 

repay someone else who must pay damages 

because of the injury. 

B. The following exclusion is added to Paragraph 2.,

Exclusions of Section I – Coverage B – Personal And Advertising Injury Liability:

This insurance does not apply to: 

"Personal and advertising injury" to: 

 (1) A person arising out of any: 

(a) Refusal to employ that person; 

(b) Termination of that person's employment; 

or

(c) Employment-related practices, policies, 

acts or omissions, such as coercion, demotion, evaluation, reassignment, discipline, 

defamation, harassment, humiliation, discrimination or malicious prosecution directed at that person; or 

 (2) The spouse, child, parent, brother or sister of 

that person as a consequence of "personal and 

advertising injury" to that person at whom any 

of the employment-related practices described 

in Paragraphs (a), (b), or (c) above is directed. 

This exclusion applies: 

 (1) Whether the injury-causing event described in 

Paragraphs (a), (b) or (c) above occurs before 

employment, during employment or after employment of that person; 

 (2) Whether the insured may be liable as an employer or in any other capacity; and 

 (3) To any obligation to share damages with or 

repay someone else who must pay damages 

because of the injury. 

Case 0:22-cv-62300-BB Document 1-6 Entered on FLSD Docket 12/08/2022 Page 34 of 80
COMMERCIAL GENERAL LIABILITY 

CG 21 73 01 15 

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. 

CG 21 73 01 15 Copyright, ISO Properties, Inc., 2015 Page 1 of 1 

EXCLUSION OF CERTIFIED ACTS OF TERRORISM 

This endorsement modifies insurance provided under the following: 

COMMERCIAL GENERAL LIABILITY COVERAGE PART 

LIQUOR LIABILITY COVERAGE PART 

OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART 

POLLUTION LIABILITY COVERAGE PART 

PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART 

RAILROAD PROTECTIVE LIABILITY COVERAGE PART 

UNDERGROUND STORAGE TANK POLICY 

A. The following exclusion is added: 

This insurance does not apply to: 

TERRORISM 

"Any injury or damage" arising, directly or 

indirectly, out of a "certified act of terrorism". 

B. The following definitions are added: 

 1. For the purposes of this endorsement, "any 

injury or damage" means any injury or damage 

covered under any Coverage Part to which this 

endorsement is applicable, and includes but is 

not limited to "bodily injury", "property 

damage", "personal and advertising injury", 

"injury" or "environmental damage" as may be 

defined in any applicable Coverage Part.

 2. "Certified act of terrorism" means an act that is 

certified by the Secretary of the Treasury, in 

accordance with the provisions of the federal 

Terrorism Risk Insurance Act, to be an act of 

terrorism pursuant to such Act. The criteria 

contained in the Terrorism Risk Insurance Act 

for a "certified act of terrorism" include the 

following: 

 a. The act resulted in insured losses in excess 

of $5 million in the aggregate, attributable to 

all types of insurance subject to the 

Terrorism Risk Insurance Act; and 

 b. The act is a violent act or an act that is 

dangerous to human life, property or 

infrastructure and is committed by an 

individual or individuals as part 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. 

C. The terms and limitations of any terrorism 

exclusion, or the inapplicability or omission of a 

terrorism exclusion, do not serve to create 

coverage for injury or damage that is otherwise 

excluded under this Coverage Part. 

Case 0:22-cv-62300-BB Document 1-6 Entered on FLSD Docket 12/08/2022 Page 35 of 80
COMMERCIAL GENERAL LIABILITY

CG 21 96 03 05

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

CG 21 96 03 05 © ISO Properties, Inc., 2004 Page 1 of 1 

SILICA OR SILICA-RELATED DUST EXCLUSION

This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

A. The following exclusion is added to Paragraph 2., 

Exclusions of Section I – Coverage A – Bodily 

Injury And Property Damage Liability:

2. Exclusions

This insurance does not apply to:

Silica Or Silica-Related Dust 

a. "Bodily injury" arising, in whole or in part, out 

of the actual, alleged, threatened or suspected inhalation of, or ingestion of, "silica" 

or "silica-related dust".

b. "Property damage" arising, in whole or in 

part, out of the actual, alleged, threatened 

or suspected contact with, exposure to, existence of, or presence of, "silica" or "silicarelated dust".

c. Any loss, cost or expense arising, in whole 

or in part, out of the abating, testing for, 

monitoring, cleaning up, removing, containing, treating, detoxifying, neutralizing, remediating or disposing of, or in any way responding to or assessing the effects of, 

"silica" or "silica-related dust", by any insured or by any other person or entity.

B. The following exclusion is added to Paragraph 2., 

Exclusions of Section I – Coverage B – Personal And Advertising Injury Liability:

2. Exclusions

This insurance does not apply to:

Silica Or Silica-Related Dust 

a. "Personal and advertising injury" arising, in 

whole or in part, out of the actual, alleged, 

threatened or suspected inhalation of, ingestion of, contact with, exposure to, existence of, or presence of, "silica" or "silicarelated dust". 

b. Any loss, cost or expense arising, in whole 

or in part, out of the abating, testing for, 

monitoring, cleaning up, removing, containing, treating, detoxifying, neutralizing, remediating or disposing of, or in any way responding to or assessing the effects of, 

"silica" or "silica-related dust", by any insured or by any other person or entity.

C. The following definitions are added to the Definitions Section:

1. "Silica" means silicon dioxide (occurring in 

crystalline, amorphous and impure forms), silica particles, silica dust or silica compounds.

2. "Silica-related dust" means a mixture or combination of silica and other dust or particles.

Case 0:22-cv-62300-BB Document 1-6 Entered on FLSD Docket 12/08/2022 Page 36 of 80
IL 00 21 09 08

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. 

IL 00 21 09 08 © ISO Properties, Inc., 2007 Page 1 of 2 

NUCLEAR ENERGY LIABILITY EXCLUSION 

ENDORSEMENT 

(Broad Form) 

This endorsement modifies insurance provided under the following: 

COMMERCIAL AUTOMOBILE COVERAGE PART 

COMMERCIAL GENERAL LIABILITY COVERAGE PART 

FARM COVERAGE PART 

LIQUOR LIABILITY COVERAGE PART 

MEDICAL PROFESSIONAL LIABILITY COVERAGE PART 

OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART 

POLLUTION LIABILITY COVERAGE PART 

PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART 

RAILROAD PROTECTIVE LIABILITY COVERAGE PART 

UNDERGROUND STORAGE TANK POLICY 

 1. The insurance does not apply: 

 A. Under any Liability Coverage, to "bodily injury" 

or "property damage": 

 (1) With respect to which an "insured" under 

the policy is also an insured under a nuclear energy liability policy issued by Nuclear Energy Liability Insurance Association, Mutual Atomic Energy Liability 

Underwriters, Nuclear Insurance Association of Canada or any of their successors, 

or would be an insured under any such policy but for its termination upon exhaustion 

of its limit of liability; or 

 (2) Resulting from the "hazardous properties" 

of "nuclear material" and with respect to 

which (a) any person or organization is required to maintain financial protection pursuant to the Atomic Energy Act of 1954, or 

any law amendatory thereof, or (b) the "insured" is, or had this policy not been issued 

would be, entitled to indemnity from the 

United States of America, or any agency 

thereof, under any agreement entered into 

by the United States of America, or any 

agency thereof, with any person or organization. 

 B. Under any Medical Payments coverage, to 

expenses incurred with respect to "bodily injury" resulting from the "hazardous properties" 

of "nuclear material" and arising out of the operation of a "nuclear facility" by any person or 

organization. 

 C. Under any Liability Coverage, to "bodily injury" 

or "property damage" resulting from "hazardous properties" of "nuclear material", if: 

(1) The "nuclear material" (a) is at any "nuclear 

facility" owned by, or operated by or on behalf of, an "insured" or (b) has been discharged or dispersed therefrom; 

 (2) The "nuclear material" is contained in 

"spent fuel" or "waste" at any time possessed, handled, used, processed, stored, 

transported or disposed of, by or on behalf 

of an "insured"; or 

 (3) The "bodily injury" or "property damage" 

arises out of the furnishing by an "insured" 

of services, materials, parts or equipment in 

connection with the planning, construction, 

maintenance, operation or use of any "nuclear facility", but if such facility is located 

within the United States of America, its territories or possessions or Canada, this exclusion (3) applies only to "property damage" to such "nuclear facility" and any 

property thereat. 

 2. As used in this endorsement: 

"Hazardous properties" includes radioactive, toxic 

or explosive properties. 

"Nuclear material" means "source material", "special nuclear material" or "by-product material". 

Case 0:22-cv-62300-BB Document 1-6 Entered on FLSD Docket 12/08/2022 Page 37 of 80
Page 2 of 2 © ISO Properties, Inc., 2007 IL 00 21 09 08 

"Source material", "special nuclear material", and 

"by-product material" have the meanings given 

them in the Atomic Energy Act of 1954 or in any 

law amendatory thereof. 

"Spent fuel" means any fuel element or fuel component, solid or liquid, which has been used or exposed to radiation in a "nuclear reactor". 

"Waste" means any waste material (a) containing 

"by-product material" other than the tailings or 

wastes produced by the extraction or concentration of uranium or thorium from any ore processed 

primarily for its "source material" content, and (b)

resulting from the operation by any person or organization of any "nuclear facility" included under 

the first two paragraphs of the definition of "nuclear facility". 

"Nuclear facility" means: 

 (a) Any "nuclear reactor"; 

 (b) Any equipment or device designed or used 

for (1) separating the isotopes of uranium or 

plutonium, (2) processing or utilizing "spent 

fuel", or (3) handling, processing or packaging "waste"; 

 (c) Any equipment or device used for the processing, fabricating or alloying of "special 

nuclear material" if at any time the total 

amount of such material in the custody of 

the "insured" at the premises where such 

equipment or device is located consists of 

or contains more than 25 grams of plutonium or uranium 233 or any combination 

thereof, or more than 250 grams of uranium 

235; 

 (d) Any structure, basin, excavation, premises 

or place prepared or used for the storage or 

disposal of "waste"; 

and includes the site on which any of the foregoing 

is located, all operations conducted on such site 

and all premises used for such operations. 

"Nuclear reactor" means any apparatus designed 

or used to sustain nuclear fission in a selfsupporting chain reaction or to contain a critical 

mass of fissionable material. 

"Property damage" includes all forms of radioactive contamination of property. 

Case 0:22-cv-62300-BB Document 1-6 Entered on FLSD Docket 12/08/2022 Page 38 of 80
L205 (11/10) Includes copyrighted material of Insurance Services Office, Inc., with its permission.

COMMERCIAL GENERAL LIABILITY

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

EXCLUSION - INJURY TO EMPLOYEES, CONTRACTORS,

VOLUNTEERS AND OTHER WORKERS

This endorsement modifies insurance provided under the following: 

COMMERCIAL GENERAL LIABILITY COVERAGE PART

A. Exclusion e. Employer's Liability of 2. Exclusions of Section I - Coverage A - Bodily Injury And Property 

Damage Liability is replaced by the following: 

This insurance does not apply to:

e. Injury to Employees, Contractors, Volunteers and Other Workers

"Bodily injury" to: 

(1) "Employees", "leased workers", "temporary workers", "volunteer workers", statutory "employees", 

casual workers, seasonal workers, contractors, subcontractors, or independent contractors of any 

insured; or 

(2) Any insured's contractors', subcontractors', or independent contractors' "employees", "leased 

workers", "temporary workers", "volunteer workers", statutory "employees", casual workers, seasonal 

workers, contractors, subcontractors, or independent contractors 

arising out of and in the course of:

(a) Employment by any insured; or

(b) Directly or indirectly performing duties related to the conduct of any insured's business; or

(3) The spouse, child, parent, brother or sister of that "employee", "leased worker", "temporary worker", 

"volunteer worker", statutory "employee", casual worker, seasonal worker, contractor, subcontractors, 

or independent contractor arising out of Paragraph (1) or (2) above.

This exclusion applies:

(1) Regardless of where the:

(a) Services are performed; or 

(b) "Bodily injury" occurs; and

(2) Whether any insured may be liable as an employer or in any other capacity; and

(3) To any obligation to share damages with or repay someone else who must pay damages because of 

the injury.

B. Exclusion a. Any Insured of 2. Exclusions of Section I - Coverage C - Medical Payments is replaced by 

the following:

We will not pay expenses for "bodily injury":

a. Any Insured

To any insured.

All other terms and conditions of this policy remain unchanged.

Case 0:22-cv-62300-BB Document 1-6 Entered on FLSD Docket 12/08/2022 Page 39 of 80
L216 (04/16) Includes copyrighted material of Insurance Services Office, Inc., with its permission 

COMMERCIAL GENERAL LIABILITY

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. 

AMENDMENT OF DEFINITIONS - INSURED CONTRACT

(Limited Form)

This endorsement modifies insurance provided under the following: 

COMMERCIAL GENERAL LIABILITY COVERAGE PART 

PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART 

The definition of "insured contract" in the Definitions section is replaced by the following: 

"Insured contract" means any written: 

a. Contract for a lease of premises. However, that portion of the contract for a lease of premises that 

indemnifies any person or organization for "property damage" to premises while rented or loaned to 

you, or temporarily occupied by you with permission of the owner, is not an "insured contract"; 

b. Sidetrack agreement; 

c. Easement or license agreement, except in connection with construction or demolition operations on 

or within 50 feet of a railroad; 

d. Obligation, as required by ordinance, to indemnify a municipality, except in connection with work for a 

municipality; 

e. Elevator maintenance agreement; or 

f. Part of any other contract or agreement pertaining to your business (including an indemnification of a 

municipality in connection with work performed for a municipality) under which you assume tort 

liability of another party to pay for "bodily injury" or "property damage" to a third person or 

organization, provided the "bodily injury" or "property damage" is caused, in whole or in part, by you 

or those acting on your behalf. However, such part of a contract or agreement shall only be 

considered an “insured contract” to the extent your assumption of the tort liability is permitted by law. 

Tort liability means a liability that would be imposed by law in the absence of any contract or 

agreement. 

An "insured contract" does not include that part of any contract or agreement: 

a. That indemnifies any person or organization for "bodily injury" or "property damage" arising out of 

construction or demolition operations, within 50 feet of any railroad property and affecting any railroad 

bridge or trestle, tracks, road-beds, tunnel, underpass or crossing; 

b. That indemnifies an architect, engineer or surveyor for injury or damage arising out of: 

(1) Preparing, approving or failing to prepare or approve maps, shop drawings, opinions, reports, 

surveys, field orders, change orders, designs, drawings, or specifications; or 

(2) Giving directions or instructions, or failing to give them, if that is the primary cause of the injury or 

damage; 

c. Under which the insured, if an architect, engineer or surveyor, assumes liability for an injury or 

damage arising out of the insured's rendering or failure to render professional services, including 

those listed in b.(1) or b.(2) above and supervisory, inspection, architectural or engineering activities; 

or 

d. That indemnifies any person or organization for "bodily injury" or "property damage" arising from the 

ownership, maintenance, or use of any aircraft. 

All other terms and conditions remain unchanged. 

Case 0:22-cv-62300-BB Document 1-6 Entered on FLSD Docket 12/08/2022 Page 40 of 80
L217 (06/17) Includes copyrighted material of Insurance Services Office, Inc., with its permission. 

COMMERCIAL GENERAL LIABILITY

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. 

EXCLUSION - PUNITIVE OR EXEMPLARY DAMAGES

This endorsement modifies insurance provided under the following: 

COMMERCIAL GENERAL LIABILITY COVERAGE PART 

LIQUOR LIABILITY COVERAGE PART 

OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART 

PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART 

The following exclusion is added to 2. Exclusions of Section I:

This insurance does not apply to punitive or exemplary damages, including but not limited to those damages 

that may be imposed to punish a wrongdoer or to deter others from engaging in a similar behavior. 

All other terms and conditions of this policy remain unchanged. 

Case 0:22-cv-62300-BB Document 1-6 Entered on FLSD Docket 12/08/2022 Page 41 of 80
L219 (04/16) Includes copyrighted material of Insurance Services Office, Inc., with its permission.

COMMERCIAL GENERAL LIABILITY 

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. 

EXCLUSION - PROFESSIONAL SERVICES -

CONTRACTORS, ENGINEERS, ARCHITECTS, SURVEYORS AND 

CONSTRUCTION MANAGEMENT

This endorsement modifies insurance provided under the following: 

COMMERCIAL GENERAL LIABILITY COVERAGE PART 

The following exclusion is added to Paragraph 2. Exclusions of Section I - Coverage A - Bodily Injury And 

Property Damage Liability, Coverage B - Personal And Advertising Injury Liability and Coverage C - 

Medical Payments:

This insurance does not apply to "bodily injury", "property damage", "personal and advertising injury" or 

medical payments arising out of the rendering of or failure to render any professional services by you or on 

your behalf. 

Professional services include: 

a. Any error, omission, defect or deficiency in any test performed; or 

b. Any evaluation, consultation or advice; or 

c. The reporting of or reliance upon any such test, evaluation, consultation or advice; or 

d. The preparing, approving, or failure to prepare or approve, maps, shop drawings, opinions, reports, 

surveys, field orders, change orders, designs, or drawings and specifications; or 

e. Supervisory, inspection, or quality control activities performed as part of any related architectural or 

engineering activities. 

This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the 

supervision, hiring, employment, training or monitoring of others by that insured, if the “occurrence” which 

caused the “bodily injury” or “property damage”, or the offense which caused the “personal and advertising 

injury”, involved the rendering of or failure to render any professional service.

All other terms and conditions remain unchanged. 

Case 0:22-cv-62300-BB Document 1-6 Entered on FLSD Docket 12/08/2022 Page 42 of 80
L223 (06/07) Includes copyrighted material of Insurance Services Office, Inc., with its permission.

COMMERCIAL GENERAL LIABILITY 

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

EXCLUSION - TOTAL POLLUTION

This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

A. Exclusion f. Pollution of 2. Exclusions of Section I - Coverage A - Bodily Injury And Property Damage 

Liability is replaced by the following:

This insurance does not apply to:

f. Pollution

(1) "Bodily injury" or "property damage" which would not have occurred in whole or in part but for the 

actual, alleged or threatened discharge, dispersal, seepage, migration, release or escape of 

"pollutants" at any time.

(2) Any loss, cost or expense arising out of any:

(a) Request, demand, order, or statutory or regulatory requirement that any insured or others test for, 

monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or 

assess the effects of, "pollutants"; or

(b) Claim or "suit" by or on behalf of any authority, governmental or otherwise, for damages because 

of testing for, monitoring, cleaning up, removing, containing, treating, detoxifying or neutralizing, 

or in any way responding to, or assessing the effects of, "pollutants"; or

(c) Requirements by Environmental Protection Agency (EPA) 40 CFR Parts 280 and 281 for 

underground storage tanks, Comprehensive Environmental Response Compensation and 

Liability Act (CERCLA) or any similar State or Federal environmental act(s).

B. The definition of "Pollutants" in the Definitions section is replaced by the following:

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

fumes, acids, alkalis, chemicals and waste. Waste includes, but is not limited to, materials to be recycled, 

reconditioned or reclaimed.

All other terms and conditions of this policy remain unchanged.

Case 0:22-cv-62300-BB Document 1-6 Entered on FLSD Docket 12/08/2022 Page 43 of 80
L241 (07/09) Includes copyrighted material of Insurance Services Office, Inc., with its permission.

COMMERCIAL GENERAL LIABILITY

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

EXCLUSION - MICROORGANISMS, BIOLOGICAL ORGANISMS, 

BIOAEROSOLS OR ORGANIC CONTAMINANTS

This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

The following exclusions are added to 2. Exclusions of Section I - Coverage A - Bodily Injury And Property 

Damage Liability, Coverage B - Personal And Advertising Injury Liability and Coverage C - Medical 

Payments:

This insurance does not apply to:

1. "Bodily injury", "property damage", "personal and advertising injury", or medical payments arising out of, 

related to, caused by or in any way connected with the exposure to, presence of, formation of, existence of or 

actual, alleged or threatened discharge, dispersal, seepage, migration, release or escape of any 

microorganisms, biological organisms, bioaerosols or organic contaminants including, but not limited to, mold, 

mildew, fungus, spores, yeast or other toxins, mycotoxins, allergens, infectious agents, wet or dry rot or rust, 

or any materials containing them at any time, regardless of the cause of growth, proliferation or secretion.

2. Any loss, cost or expense arising out of any:

a. Request, demand, order, or requirement by or on behalf of any authority, governmental or otherwise, that 

any insured or others abate, test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, 

remediate or dispose of, or in any way respond to, or assess the effects of microorganisms, biological 

organisms, bioaerosols or organic contaminants including, but not limited to, mold, mildew, fungus, 

spores, yeast, or other toxins, mycotoxins, allergens, infectious agents, wet or dry rot or rust, or any 

materials containing them at any time, regardless of the cause of growth, proliferation or secretion; or

b. Claim or "suit" by or on behalf of any authority, governmental or otherwise, for damages because of 

abating, testing for, monitoring, cleaning up, removing, containing, treating, detoxifying or neutralizing, 

remediating or disposing of, or in any way responding to, or assessing the effects of microorganisms, 

biological organisms, bioaerosols or organic contaminants including, but not limited to, mold, mildew, 

fungus, spores, yeast, or other toxins, mycotoxins, allergens, infectious agents, wet or dry rot or rust, or 

any materials containing them at any time, regardless of the cause of growth, proliferation or secretion.

We shall have no duty to investigate, defend, or indemnify any insured in any action or proceeding alleging 

damages arising out of direct or indirect contact with, any exposure to, or the ingestion, inhalation or absorption of 

any microorganisms, biological organisms, bioaerosols, or organic contaminants including, but not limited to, 

mold, mildew, fungus, spores, yeast or other toxins, mycotoxins, allergens, infectious agents, wet or dry rot or 

rust, or any materials containing them at any time, regardless of the cause of growth, proliferation or secretion.

This exclusion does not apply to any fungi, bacteria, microorganisms or biological organisms that are, are on, or 

are contained in, a good or product intended for bodily consumption.

All other terms and conditions of this policy remain unchanged. 

Case 0:22-cv-62300-BB Document 1-6 Entered on FLSD Docket 12/08/2022 Page 44 of 80
L251 (12/18) Includes copyrighted material of Insurance Services Office, Inc., with its permission. 

COMMERCIAL GENERAL LIABILITY 

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. 

COVERAGE LIMITATION AND EXCLUSION – RESIDENTIAL 

CONSTRUCTION OPERATIONS 

This endorsement modifies insurance provided under the following: 

COMMERCIAL GENERAL LIABILITY COVERAGE PART 

A. The following exclusion is added to 2. Exclusions of Section I - Coverage A - Bodily Injury And Property 

Damage Liability, Coverage B - Personal And Advertising Injury Liability and Coverage C - Medical 

Payments: 

This insurance does not apply to: 

1. "Bodily injury", "property damage", "personal and advertising injury" or medical payments arising out of, 

resulting from, related to, or in any way connected with, either directly or indirectly, your ongoing operations, 

"your product", or "your work" performed by or on behalf of any insured, either prior to or during the policy 

period, that is incorporated into or performed at any of the following construction projects: 

a. Any new townhouse or residential condominium project where the total number of individual residential 

units is greater than twenty-five (25), regardless of the number of buildings, developments, phases or 

associations; 

b. Any new residential housing project (also known as a Planned Unit Development (PUD) or tract 

housing), where the total number of "residential housing units" is greater than twenty-five (25), 

regardless of the number of buildings, developments, phases or associations; or 

c. Any conversion of apartments to condominiums or townhouses, regardless of the number of buildings, 

developments, phases or associations. 

2. Costs and expenses to investigate or defend any claim, "suit" or payment of any fine or penalty related to 

any of the operations in A.1. above. 

However, this exclusion does not apply to "your work" or "your product" performed by or on behalf of any insured 

that is incorporated into A.1.a., A.1.b., or A.1.c. after the issuance of the notice of completion or certificate of 

occupancy, whichever comes first, unless such work performed is to repair or replace "your work" or "your 

product" performed by or on behalf of any insured, that was incorporated into A.1.a., A.1.b., or A.1.c. prior to 

the issuance of the notice of completion or certificate of occupancy. 

B. The following definition is added to the Definitions section: 

"Residential housing units" means detached single family or multiple family dwellings, duplexes, triplexes, 

dormitories or any other housing or dwelling built or used, in whole or in part, for the purpose of residential 

occupancy. For the purpose of this endorsement, each duplex will be considered two residential housing units, 

each triplex will be considered three residential housing units, and so forth. "Residential housing units" does 

not mean apartments. 

All other terms and conditions remain unchanged. 

Case 0:22-cv-62300-BB Document 1-6 Entered on FLSD Docket 12/08/2022 Page 45 of 80
L288 (01/15) Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 1

POLICY NUMBER: COMMERCIAL GENERAL LIABILITY 

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

ADDITIONAL CONDITIONS AND EXCLUSIONS - CONTRACTORS 

SUBCONTRACTED WORK

This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE FORM

A. The Contractors - Subcontracted Work classification(s) shown in the Declarations applies to that portion of the 

operations performed for you by your "adequately insured" contractors or "adequately insured" 

subcontractors.

B. The following is added to Section IV - Commercial General Liability Conditions:

1. You will obtain and maintain Certificates of Insurance from all "adequately insured" contractors or 

"adequately insured" subcontractors you hire providing evidence of Commercial General Liability 

insurance, including products/completed operations insurance.

Your failure to obtain the certificates of insurance from "adequately insured" contractors or "adequately 

insured" subcontractors will not invalidate the insurance provided by this policy or relieve us of our 

obligation to you under the terms of this policy except as stated in 5. Premium Audit of Section IV -

Commercial General Liability Conditions.

2. If, at any time, it is verified that operations were performed during the policy term by contractors or 

subcontractors that were not "adequately insured", such contractors or subcontractors will be classified 

and rated under the specific classification assignable to contracting risks performing such operations in 

accordance with paragraph C. below.

C. The following is added to 5. Premium Audit of Section IV - Commercial General Liability Conditions: 

If we verify operations were performed by contractors or subcontractors you hired were not "adequately 

insured" as defined in paragraph D.1. of this endorsement whether by audit of your books and records or 

otherwise, we will use the "total cost" of work performed for you by such contractors or subcontractors as if it 

were payroll to calculate the appropriate premium for the specific classification based on our rates and rules 

in effect as of the inception date of the policy. It is your responsibility to pay any additional premium due.

D. The following definitions are added to the Definitions section:

1. "Adequately insured" means that the contractors and subcontractors that perform operations for you 

maintain Commercial General Liability insurance in force with the following minimum limits of insurance 

for their operations, including operations performed for them by others:

General Aggregate Limit (Other than Products/Completed Operations) $

Products/Completed Operations Aggregate Limit $

Each Occurrence Limit $

Personal and Advertising Injury Limit $

(If no entry appears above, the minimum limits of insurance will be equal to the limits of insurance shown 

in the Declarations).

2. "Total cost" means the total cost of all work let or sublet in connection with each specific project including:

a. The cost of all labor, materials and equipment furnished, used or delivered for use in the execution of 

the work including the cost of finished equipment installed whether or not furnished by the contractor, 

subcontractor, or by you; and

b. All fees, bonuses or commissions made, paid or due. 

All other terms and conditions of this policy remain unchanged.

1,000,000 NN1087682 2,000,000 1,000,000 2,000,000

Case 0:22-cv-62300-BB Document 1-6 Entered on FLSD Docket 12/08/2022 Page 46 of 80
L292 (06/07) Includes copyrighted material of Insurance Services Office, Inc., with its permission. 

POLICY NUMBER: COMMERCIAL GENERAL LIABILITY

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. 

EXCLUSION - YOUR WORK COMPLETED PRIOR TO SPECIFIED DATE

This endorsement modifies insurance provided under the following: 

COMMERCIAL GENERAL LIABILITY COVERAGE PART 

SCHEDULE

Date: 

A. The following exclusion is added to 2. Exclusions of Section I - Coverage A - Bodily Injury And Property 

Damage Liability: 

This insurance does not apply to "bodily injury" or "property damage" included in the "products-completed 

operations hazard" and arising out of "your work" that was completed by or on behalf of any insured prior to 

the date shown in the Schedule. 

B. We will have no duty to defend any insured against any loss, claim, "suit" or other proceeding seeking 

damages for "bodily injury" or "property damage" arising out of "your work" that was completed by or on 

behalf of any insured prior to the date shown in the Schedule. 

All other terms and conditions of this policy remain unchanged. 

NN1087682 01/17/2020

Case 0:22-cv-62300-BB Document 1-6 Entered on FLSD Docket 12/08/2022 Page 47 of 80
L305 (08/07) Includes copyrighted material of Insurance Services Office, Inc., with its permission.

COMMERCIAL GENERAL LIABILITY

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

EXCLUSION - ALL OPERATIONS COVERED BY A CONSOLIDATED 

(WRAP-UP) INSURANCE PROGRAM

This endorsement modifies insurance provided under the following: 

COMMERCIAL GENERAL LIABILITY COVERAGE PART

The following exclusion is added to 2. Exclusions of Section I - Coverage A - Bodily Injury And Property 

Damage Liability: 

This insurance does not apply to "bodily injury" or "property damage" arising out of either your ongoing operations 

or operations included within the "products-completed operations hazard" at any location when a consolidated 

(wrap-up) insurance program has been provided by the prime contractor/project manager or owner of the 

construction project in which you are involved. 

This exclusion applies whether or not the consolidated (wrap-up) insurance program: 

1. Provides coverage identical to that provided by this Coverage Part; 

2. Has limits adequate to cover all claims; or 

3. Remains in effect.

All other terms and conditions of this policy remain unchanged.

Case 0:22-cv-62300-BB Document 1-6 Entered on FLSD Docket 12/08/2022 Page 48 of 80
L335 (10/15) Includes copyrighted material of Insurance Services Office, Inc., with its permission.

COMMERCIAL GENERAL LIABILITY 

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

EXCLUSION – CONSTRUCTION OPERATIONS

IN COLORADO OR NEW YORK

This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

A. The following exclusion is added to 2. Exclusions of Section I - Coverage A - Bodily Injury And Property

Damage Liability, Coverage B - Personal And Advertising Injury Liability and Coverage C - Medical 

Payments:

This insurance does not apply to:

1. "Bodily injury", "property damage", "personal and advertising injury", or medical payments arising out of 

any ongoing "construction operations" or "your work" included in the "products-completed operations 

hazard" performed by or on behalf of any insured in the State of Colorado or the State of New York.

2. Costs and expenses to investigate or defend any claim or "suit" or payment of any fine or penalty for 

paragraph A.1. above.

B. With regard to paragraph A. above, exclusion b. Contractual Liability of 2. Exclusions of Section I -

Coverage A - Bodily Injury And Property Damage Liability is replaced by the following:

This insurance does not apply to:

b. Contractual

(1) "Bodily injury", "property damage", "personal and advertising Injury", and medical payments for which 

any insured may be obligated to pay damages by reason of the assumption of liability in any contract 

or agreement, regardless of whether such contract or agreement is an "insured contract"; or

(2) Any obligation to share damages with or repay someone else who must pay damages.

C. The following definitions are added to the Definitions section:

1. "Construction" means the act of building by putting together materials and parts to create a structure 

including, but not limited to, building the foundations, framework, floors, walls, ceilings, trusses or roof, or 

debris removal.

2. "Construction operations" means, with respect to real property, surveying, site preparation, grading of 

land, excavation, debris removal, soil compaction, tree clearing, demolition, reconstruction, renovation, 

alteration, remodeling, repair, service, improvement and any other "pre-construction" and any other 

"construction" and any other "post-construction".

3. "Post-construction" means those activities that occur after the issuance of the notice of completion or 

certificate of occupancy, whichever comes first.

4. "Pre-construction" means those activities that must occur prior to the actual start of the "construction" 

process including, but not limited to, grading of land, inspection, land surveying, site preparation, soil 

compaction, tree clearing, or installation of driveways, parking areas, roads, sidewalks, and utilities.

All others terms and conditions remain unchanged.

Case 0:22-cv-62300-BB Document 1-6 Entered on FLSD Docket 12/08/2022 Page 49 of 80
L408 (03/12) Includes copyrighted material of Insurance Services Office, Inc., with its permission. 

COMMERCIAL GENERAL LIABILITY 

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. 

CHANGES – CIVIL UNION OR DOMESTIC PARTNERSHIP 

This endorsement modifies insurance provided under the following: 

COMMERCIAL GENERAL LIABILITY COVERAGE PART 

LIQUOR LIABILITY COVERAGE PART 

OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART 

PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART 

All references to spouse shall include an individual who is a party to a civil union or is in a domestic partnership 

recognized under state law, where applicable. 

All other terms and conditions remain unchanged. 

Case 0:22-cv-62300-BB Document 1-6 Entered on FLSD Docket 12/08/2022 Page 50 of 80
L605 (06/07) Includes copyrighted material of Insurance Services Office, Inc., with its permission. 

POLICY NUMBER: COMMERCIAL GENERAL LIABILITY

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. 

WAIVER OF TRANSFER OF RIGHTS OF RECOVERY 

AGAINST OTHERS TO US

This endorsement modifies insurance provided under the following: 

COMMERCIAL GENERAL LIABILITY COVERAGE PART 

SCHEDULE 

Name of Person or Organization: 

The following is added to 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV - 

Commercial General Liability Conditions: 

We waive any right of recovery we may have against the person or organization shown in the Schedule because 

of payments we make for injury or damage caused, in whole or in part, by your acts or omissions, or the acts or 

omissions of those acting on your behalf in the performance of your ongoing operations or "your work" done 

under a written contract with that person or organization and included in the "products-completed operations 

hazard". This waiver applies only to the person or organization shown in the Schedule. 

All other terms and conditions of this policy remain unchanged. 

City of Miami, 444 SW 2nd Ave

8th Floor, Miami, FL 33130

NN1087682

Case 0:22-cv-62300-BB Document 1-6 Entered on FLSD Docket 12/08/2022 Page 51 of 80
L342 (09/16) Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 1

COMMERCIAL GENERAL LIABILITY 

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. 

EXCLUSION – CONTINUOUS OR PROGRESSIVE DAMAGE 

This endorsement modifies insurance provided under the following: 

COMMERCIAL GENERAL LIABILITY COVERAGE PART 

The following exclusion is added to 2. Exclusions of Coverage A - Bodily Injury And Property Damage Liability: 

1. This insurance does not apply to "property damage": 

a. That first occurs, or is alleged to first occur, prior to the effective date of this policy; or 

b. That first occurs, or is alleged to first occur, prior to the effective date of this policy and continue during this 

policy period. 

2. We will have no duty to defend any insured against any loss, claim, “suit” or other proceeding seeking damages 

for “property damage” to which this endorsement applies.

All other terms and conditions remain unchanged.

Case 0:22-cv-62300-BB Document 1-6 Entered on FLSD Docket 12/08/2022 Page 52 of 80
POLICY NUMBER: COMMERCIAL GENERAL LIABILITY

THIS ENDORSEMENT PROVIDES INDEPENDENT COVERAGES, TERMS AND

DEFINITIONS. PLEASE READ IT CAREFULLY.

L411 (05/18) Page 1 of 10

PRIVACY BREACH COVERAGE

THE ENDORSEMENT’S AGGREGATE LIMIT OF LIABILITY WILL BE REDUCED AND MAY BE EXHAUSTED 

BY PAYMENT OF CLAIM EXPENSES, REGULATORY FINES AND PRIVACY BREACH EXPENSES. 

PLEASE READ THE ENTIRE ENDORSEMENT CAREFULLY.

Various provisions in this Endorsement restrict coverage. Read the entire Endorsement carefully to determine 

rights, duties and what is and is not covered.

Throughout this endorsement the words in bold are defined terms within Section II, the Definitions section of this 

Endorsement. Throughout this Endorsement, the words you and your refer to the Insured as defined in Section 

II, F. The words we, us, and our refer to the Company providing this insurance.

SCHEDULE

Coverage Limit Of Insurance Deductible

A. Regulatory Proceeding Coverage $

$1,000

B. First Party Privacy Breach Expense Coverage $

Privacy Breach Coverage Aggregate $

Endorsement Premium $

SECTION I – COVERAGES

INSURING AGREEMENTS

A. Regulatory Proceeding Coverage:

We will pay on your behalf those Claim Expenses and Regulatory Fines you become legally obligated to pay resulting from any Regulatory Proceeding for a Privacy Wrongful Act, provided 

such Regulatory Proceeding is first discovered 

by you during the Endorsement Period or within 

thirty (30) days after the end of the Endorsement 

Period if this Endorsement is not renewed and is 

reported to us in accordance with Section V. 

CONDITIONS B.

B. First Party Privacy Breach Expense Coverage:

We will pay the Named Insured those Privacy 

Breach Expenses directly incurred in responding 

to a Privacy Breach Event or an Extortion 

Threat, provided such Privacy Breach Event or 

Extortion Threat is first discovered by you during 

the Endorsement Period or within thirty (30) days 

after the end of the Endorsement Period if this 

Endorsement is not renewed and is reported to us

in accordance with Section V. CONDITIONS B.

SECTION II – DEFINITIONS

A. Claim Expenses means with respect to any Regulatory Proceeding: 

1-1. reasonable and necessary fees, costs and 

expenses charged by any lawyer or other 

vendor designated or approved in writing by 

us directly resulting from the investigation, 

adjustment, settlement and/or defense of 

such Regulatory Proceeding;

1-2. reasonable and necessary expenses 

charged by a vendor designated or approved in writing by us to investigate an Unauthorized Access or Unauthorized Use

of the Named Insured’s Computer System 

to determine how Protected Information 

was accessed.

300,000 NN1087682 300,000 300,000

Case 0:22-cv-62300-BB Document 1-6 Entered on FLSD Docket 12/08/2022 Page 53 of 80
L411 (05/18) Page 2 of 10

Claim Expenses do not include:

2-1. salaries, wages, fees, remuneration, overhead, benefits or expenses of our or your 

employees or officials;

2-2. fees, costs, or expenses incurred prior to the 

time that a Regulatory Proceeding is reported to us or paid or incurred without our

prior written consent, and such unilaterally 

incurred fees, costs or expenses shall not 

reduce any deductible under the Endorsement;

2-3. costs to inspect, investigate, withdraw, alter, 

recall, reprocess, restore, replace, retract, 

amend, reprint, reproduce, remediate, correct, enhance, upgrade or modify Electronic 

Media;

2-4. costs and expenses to comply with any injunctive or other non-monetary equitable, 

declaratory, regulatory or administrative relief, including specific performance, or any 

agreement to provide such relief; 

2-5. costs or expenses incurred to prevent future 

Unauthorized Access or Unauthorized 

Use of the Named Insured’s Computer 

System; or

2-6. any fines or penalties assessed as a result 

of a Regulatory Proceeding.

B. Computer System means any electronic device, 

electronic and paper storage media as well as any 

communications networks owned or operated exclusively for the benefit of a single owner. Computer System includes outsourced Cloud based 

storage.

C. Electronic Media means audio, digital, informational or visual material in electronic form transmitted over the Internet or other computer media; 

provided, however, Electronic Media does not 

include:

1. material in print or in any form other than that 

transmitted electronically over the Internet or 

other computer media; or

2. scripts or films for theatrical release, radio or 

television programming, or books, manuals or 

other content on disk, e-reader, tablet or similar device.

D. Endorsement period means the period from the 

effective date stated in the Policy Declarations to 

the expiration date stated in the Policy Declarations, or its earlier cancellation date, if any.

E. Extortion Threat means a credible threat or 

series of credible threats by a third party who is 

not an Insured to cause a Privacy Breach 

Event, such as through ransomware, unless a 

money demand is paid by the Insured. An Extortion Threat is first discovered by an Insured

when it is first received by the Insured. 

F. Insured means:

1. all entities identified in the policy Declarations

(all of which are referred to as the Named Insured);

2. employees (not including volunteer workers or 

independent contractors), principals, partners, 

executive officers or directors of the Named 

Insured, but solely while acting within their 

capacity and the scope of their duties for or 

on behalf of the Named Insured; and

3. in the event of death, incapacity, bankruptcy 

or insolvency of any person identified in subparagraph 2. above, such person’s heirs, estate, executors, administrators and legal representative in his or her capacity as such.

G. Malicious Code means an unauthorized, unwanted or harmful program, code or script, including, but not limited to, any virus, trojan horse, 

worm, time or logic bomb, spyware, malware or 

spiderware.

H. Privacy Breach Event means the theft or unauthorized disclosure of Protected Information due 

to the Insured’s unintentional failure to safeguard 

such Protected Information.

I. Privacy Breach Expenses mean the following 

amounts, if reasonable and necessary and directly 

incurred by or for the Named Insured in responding to a Privacy Breach Event:

1. Notification Expenses:

notification fees and expenses charged by a 

vendor designated or approved in writing by 

us to notify a Protected Person of an Unauthorized Access or Unauthorized Use of his 

or her Protected Information, pursuant to 

applicable Privacy Law requirements or to 

minimize expenses otherwise covered under 

this Endorsement;

2. Monitoring Expenses:

fees and expenses charged by a vendor designated or approved in writing by us to provide monitoring, identity theft, or fraud resolution services to a Protected Person, 

pursuant to applicable Privacy Law requirements or to minimize expenses otherwise 

covered under this Endorsement;

Case 0:22-cv-62300-BB Document 1-6 Entered on FLSD Docket 12/08/2022 Page 54 of 80
L411 (05/18) Page 3 of 10

3. Extortion Threat Expenses:

expenses, ransom money including interest 

on any loan necessary to pay a ransom or 

reward money paid to any informant, if approved in writing by us to prevent or mitigate 

an Extortion Threat;

4. Data Replacement Expenses:

the reasonable and necessary fees, costs and 

expenses charged by a vendor designated or 

approved in writing by us to research, recreate or replace, from written records or partially or fully matching electronic data, any 

electronic data on the Named Insured’s 

Computer;

5. Cyber Investigation Expenses:

fees and expenses charged by a vendor designated or approved in writing by us to investigate the Unauthorized Access or Unauthorized Use of the Named Insured’s 

Computer System from which Protected Information has been accessed in order to determine whether the Named Insured has an 

obligation to provide notice under Privacy 

Law; and

6. Crisis Management Expenses:

a. fees and expenses charged by a public 

relations firm, law firm or crisis management firm to perform crisis management 

services to minimize the potential harm to 

the Named Insured’s business from a 

Privacy Breach Event; and

b. fees and expenses charged by a call center designated or approved in writing by 

us to provide assistance managing incoming calls in high volume Privacy 

Breach Events.

Privacy Breach Expenses shall not include: 

1. salaries, wages, fees, remuneration, overhead, benefits or expenses of our or your 

employees or officials; 

2. fees, costs or expenses to restore, replace, 

remediate, repair, correct, enhance, upgrade 

or otherwise modify, improve or make changes 

to the Named Insured’s Computer System

following or as a result of an actual or attempted Unauthorized Access or Unauthorized 

Use or Privacy Breach Event, including fees, 

costs or expenses to prevent a future Unauthorized Access or Unauthorized Use or 

Privacy Breach Event.

J. Privacy Law means any law or regulation applicable to persons and organizations who lawfully 

and permissibly obtain or possess a Protected 

Person’s Protected Information requiring the 

posting of privacy policies, the adoption of specific 

privacy or security controls, or the notification of 

Protected Persons in the event their Protected 

Information has potentially been accessed or disclosed without authorization.

K. Privacy Wrongful Act means the following unintentional conduct resulting from your unintentional 

failure to safeguard Protected Information in the 

Named Insured’s possession in the normal 

course of business:

1. your actual or alleged violation of a Privacy 

Law; or

2. your actual or alleged invasion or infringement of an individual’s right to privacy or publicity.

L. Protected Information is defined as any personal 

information of an individual as defined in Privacy 

Law.

M. Protected Person means a person whose Protected Information is protected from unauthorized 

disclosure or access by a Privacy Law.

N. Regulatory Fines means any fines or penalties 

assessed against a Named Insured as a result of 

a Regulatory Proceeding, where insurable by the 

applicable law which most favors coverage for 

such fines or penalties.

O. Regulatory Proceeding means a formal request 

to you for documentation made by, or an investigation or civil proceeding brought by, a regulatory 

body or regulator directly arising from your actual 

or alleged unintentional breach or violation of a 

Privacy Law.

P. Related Events means Privacy Breach Events

or Extortion Threats based upon, arising from, in 

consequence of, directly or indirectly resulting 

from, or involving in any way continuous, repeated, 

the same, related, or substantially similar facts, 

circumstances, subjects, situations, decisions, 

cause, persons, transactions, event, class of persons or events, or continuous, repeated, the same, 

related, or a substantially similar series of facts, 

circumstances, subjects, situations, decisions, 

cause, persons, transactions, event or class of 

persons or events.

Q. Unauthorized Access or Unauthorized Use

means access to or use of the Named Insured’s 

Computer System by a person or organization 

not authorized to do so, or the access to or use of 

the Named Insured’s Computer System by an 

authorized person in an unauthorized manner.

Case 0:22-cv-62300-BB Document 1-6 Entered on FLSD Docket 12/08/2022 Page 55 of 80
L411 (05/18) Page 4 of 10

SECTION III – EXCLUSIONS

A. We shall not be liable to pay, indemnify or reimburse Claim Expenses or Regulatory Fines from 

any Regulatory Proceeding or any Privacy 

Breach Expenses based on, resulting from or 

arising out of:

1. Any actual or alleged direct creation of Malicious Code by you.

2. Any Malicious Code, denial of service attack, 

unauthorized intrusion into the Named Insured’s Computer System to access Protected Information or any similar attack or 

event:

a. that, in addition to the Named Insured’s 

Computer System, attacks, intrudes, disrupts, accesses, infects or similarly affects 

another’s Computer System unless such 

attack is targeted directly-at-and specifically directed against:

i. the Named Insured; and

ii. any other attacked Computer System

provided that any such attack shall be excluded in circumstances in which it would 

be reasonable to conclude that the Named 

Insured was targeted principally for reasons other than those relating to the 

Named Insured’s identity or its particular 

business, Protected Information, employees, customers, or business partners; 

or

b. any Malicious Code that is identified or 

assigned a name by any United States 

government entity or a recognized computer security or forensics entity, or antivirus software vendor, including but not 

limited to McAfee, Symantec, Kaspersky, 

or Verizon, or any variant of such Malicious Code.

3. The unsolicited dissemination of any communication to actual or prospective customers of 

the Insured or any third party, or any actual or 

alleged violation of the Telecommunications 

Act, the CAN-SPAM Act, or any other federal, 

state or local legislation, regulation or law protecting a person’s or entity’s right of seclusion 

or privacy.

4. Any seizure, nationalization, confiscation, destruction, deletion or expropriation of any Protected Information or any Computer System 

held or used by you by order of any governmental authority.

5. Any costs or expenses incurred by you or others to inspect, investigate, withdraw, alter, recall, reprocess, restore, replace, retract, 

amend, reprint, reproduce, remediate, correct, 

enhance, upgrade or otherwise modify any 

product, service or media of or for you, or any 

part of any such product, service or media.

However, this exclusion shall not apply to any 

Data Replacement Expenses that constitute 

Privacy Breach Expenses.

6. Any actual or alleged unlawful or unauthorized 

obtaining, gathering, collecting, acquiring, using, distribution or sale by you of any information of any type, nature, or kind, including 

Protected Information.

7. Any actual or alleged:

a. dishonest, fraudulent, criminal or malicious 

act, error or omission by you; or

b. your intentional or knowing Unauthorized 

Access or Unauthorized Use, tampering 

with, denial of service attack, or otherwise 

limiting or preventing the use of the 

Named Insured’s Computer System or 

any third party’s Computer System or 

network;

provided, however, the above sub-parts shall 

not apply: (1) to any Insured who did not intentionally and knowingly commit, acquiesce 

or participate in the conduct that gave rise to 

the Regulatory Proceeding or Privacy 

Breach Event; or (2) in the absence of a final 

judgment, adjudication or binding arbitration 

ruling adverse to such Insured.

Upon such final adverse judgment, adjudication or final arbitration ruling, the Insured shall 

reimburse us for all Privacy Breach Expenses, Claim Expenses, and Regulatory Fines

we have incurred or paid.

8. Any actual electrical or mechanical failures, including power interruption, surge, brownout or 

blackout, or defect of telephone, telecommunications, or data transmission lines, services, 

equipment or infrastructure.

9. Any actual or alleged patent infringement or 

theft, copying, misappropriation, display or 

publication of any patent, process, confidential 

or proprietary information or trade secret.

10. The outsourcing of data processing and other 

business functions to a location outside the 

United States, Canada or European Union 

when the outsourced activity involves Protected Information in your care, custody or 

control. However, this exclusion does not apply as respects Cloud based storage.

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11. Any actual or alleged gaining in fact of any 

profit or advantage to which you are not legally entitled.

12. Any actual or alleged:

a. bodily injury, sickness, disease or death of 

any person; or

b. physical injury to, or destruction of, tangible property, including loss of use thereof, 

or loss of use of tangible property which 

has not been physically injured, lost, damaged, or destroyed.

13. Any liability or obligation assumed by you under any contract, agreement, understanding, 

warranty or other guarantee or promise; provided, however, that this exclusion shall not 

apply to liability that would have attached to 

you in the absence of any such contract, 

agreement, understanding, warranty or other 

guarantee or promise.

14. Any fact, circumstance, subject, decision, 

transaction, event or situation:

a. which was the subject of notice prior to the 

inception of this Endorsement to any other 

insurance carrier under any other policy;

b. of which the person signing the Application 

for this Endorsement was aware prior to 

the Effective Date of this Endorsement or 

any other Endorsement issued by us that 

such fact, circumstance, subject, decision, 

transaction, event or situation could reasonably have been expected to give rise to 

a Regulatory Proceeding or Privacy 

Breach Event.

15. Any litigation, proceeding or investigation prior 

to or pending on the Effective Date of this Endorsement, or any Regulatory Proceeding, 

Privacy Breach Event, Related Event, fact, 

circumstance, subject, decision, transaction, 

event, situation, cause, proceeding or investigation underlying or alleged therein.

16. Any actual or alleged:

a. discrimination of any kind; or 

b. wrongful employment practice of any kind.

17. Any actual or alleged:

a. antitrust, restraint of trade, unfair, false or 

deceptive trade practice, or violation of 

any federal, state, local or foreign legislation, regulation or law prohibiting any antitrust activity, price fixing, price discrimination, monopoly or monopolization, 

predatory pricing, unfair competition, collusion, conspiracy or unfair, false, misleading or deceptive trade or business practice, advertising or promotion; or 

b. false, misleading, deceptive or fraudulent 

statement or representation advertising or

promoting the products, services or business of the Insured.

18. Any actual or alleged violation of any federal, 

state, local or foreign securities-related legislation, regulation or law.

19. Any:

a. Nuclear reaction, nuclear radiation, radioactive contamination, radioactive substance, electromagnetic field, electromagnetic radiation, or electromagnetism.

b. War, invasion, acts of foreign enemies, 

hostilities (whether war is declared or not), 

rebellion, revolution, insurrection, war-like 

action, coup, usurped powers or military 

power.

c. Fire, flood, earthquake, volcanic eruption, 

explosion, lightning, wind, hail, tidal wave, 

landslide, act of God or other physical 

event.

20. The violation of any United States economic or 

trade sanction.

21. Any Claim Expenses or Regulatory Fines

from any Regulatory Proceeding based on, 

resulting from, arising out of or related to a 

Privacy Breach Event:

a. that was not timely reported to us under 

Section V. CONDITION B.; or

b. that was not first discovered by you during 

the Endorsement Period or, if this Endorsement was not renewed, within thirty 

(30) days after the end of the Endorsement Period.

22. Any actual or alleged:

a. failure to take reasonable and prudent 

steps to use, design, maintain and upgrade your security; or 

b. inability to use, or lack of performance of, 

software: (a) due to expiration, cancellation, or withdrawal of such software; (b) 

that has not yet been released from its development stage; or (c) that has not 

passed all test runs or proven successful 

in applicable daily operations.

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23. The presence, discharge, dispersal, release or 

escape of smoke, vapors, soot, fumes, acids, 

alkalis, toxic chemicals, liquids or gases, oil or 

other petroleum substances or derivatives, 

waste materials or other irritants, contaminants, pollutants or any other substances, including asbestos, fungus, mold and lead, 

which are or may be injurious to public health, 

property or the environment (“hazardous substances”), including:

a. the cost of cleanup or removal of hazardous substances;

b. the cost of such actions as may be necessary to monitor, assess and evaluate, the 

presence, discharge, dispersal, escape, 

release, or threat of same, of hazardous 

substances;

c. the cost of disposal of hazardous substances or the taking of such other action 

as may be necessary to temporarily or 

permanently prevent, minimize, or mitigate 

damage to the public health or welfare or 

to property or the environment, which may 

otherwise result; or

d. any cost, based upon, arising from, in 

consequence of, directly or indirectly resulting from, or involving in any way any 

government direction or request that the 

Insured test for, monitor, clean up, remove, contain, treat, detoxify or neutralize 

hazardous substances.

SECTION IV – LIMITS OF INSURANCE AND

DEDUCTIBLE

A. The Regulatory Proceeding Coverage Limit of 

Insurance specified in Item A. of the Schedule and 

the rules detailed below fix the maximum amount 

we are obligated to pay for all Claim Expenses

and Regulatory Fines from each Regulatory 

Proceeding and all Regulatory Proceedings under this Endorsement, as detailed in Insuring 

Agreement A. The most we will pay for all Regulatory Fines is $5,000, which is part of, and not in 

addition to, the Regulatory Proceeding Coverage 

Limit. The Regulatory Proceeding Coverage Limit 

of Insurance shall be part of, and not in addition to, 

the Privacy Breach Coverage Aggregate Limit of 

Insurance specified in the Schedule.

B. The First Party Privacy Breach Expense Coverage 

Limit of Insurance specified in Item B. of the

Schedule and the rules detailed below fix the maximum amount we are obligated to pay for all Privacy Breach Expenses from each Privacy 

Breach Event or Extortion Threat or Related 

Events under this Endorsement, as detailed in Insuring Agreement B. The most we will pay for:

1. all Extortion Threat Expenses for each Privacy Breach Event or Extortion Threat is 

$5,000, which is part of, and not in addition to, 

the First Party Privacy Breach Expense Coverage Limit.

2. all Data Replacement Expenses for each 

Privacy Breach Event is $5,000, which is part 

of, and not in addition to, the First Party Privacy Breach Expense Coverage Limit.

The First Party Privacy Breach Expense Coverage 

Limit of Insurance shall be part of, and not in addition to, the Privacy Breach Coverage Aggregate 

Limit of Insurance specified in the Schedule.

C. The Privacy Breach Coverage Aggregate Limit of 

Insurance specified in the Schedule shall fix the 

maximum amount we shall pay for all Claim Expenses and Regulatory Fines from all Regulatory Proceedings, all Privacy Breach Expenses 

from all Privacy Breach Events, all Extortion 

Threats, and all Related Events covered under 

this Endorsement.

D. The applicable Limit of Insurance is the maximum 

we will pay regardless of the number of Insureds

or the number of Regulatory Proceedings, Privacy Breach Events, or Extortion Threats.

E. DEDUCTIBLE

For any Regulatory Proceeding, Privacy Breach 

Event, or Extortion Threat we shall be liable for 

only the amount of the Claim Expenses and Privacy Breach Expenses from such Regulatory 

Proceeding, Privacy Breach Event, or Extortion 

Threat exceeding the Deductible amount specified 

in the Schedule. We have no obligation, either to 

you or to any person or entity, to pay all or any 

portion of any Deductible amount for or on your 

behalf. Solely for the purpose of applying the Deductible, a single Deductible amount applies to all 

Regulatory Proceedings or Related Events 

based upon, arising from, in consequence of, directly or indirectly resulting from, or involving in 

any way continuous, repeated, the same, related, 

or substantially similar thefts or unauthorized disclosures of Protected Information.

SECTION V – CONDITIONS

A. RELATED EVENTS AND REGULATORY PROCEEDINGS

1. All Related Events, whenever occurring, shall 

be deemed to be a single Privacy Breach 

Event, regardless of:

a. the number of Related Events;

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b. the number or identity of Insureds involved; or

c. the number and timing of the Related 

Events, even if the Related Events comprising such single Privacy Breach Event

were received or discovered in more than 

one Endorsement Period.

All Related Events shall be treated as a single 

Privacy Breach Event or Extortion Threat 

first discovered when the earliest of such Related Events was first discovered.

2. All Regulatory Proceedings based upon, 

arising from, in consequence of, directly or indirectly resulting from, or involving in any way 

continuous, repeated, the same, related, or 

substantially similar thefts or unauthorized disclosures of Protected Information shall be 

deemed first discovered when the earliest of 

such Regulatory Proceedings was first discovered, or when the earliest of such Regulatory Proceedings is treated as having been 

first discovered under Condition B. below, 

whichever is the earliest date.

B. NOTICE OF PRIVACY BREACH EVENTS, EXTORTION THREATS AND REGULATORY PROCEEDINGS

1. You shall report to us a Privacy Breach 

Event or Extortion Threat for which coverage 

is being sought under this Endorsement immediately, but in no event later than thirty (30) 

days after you first discovered such Privacy 

Breach Event or Extortion Threat. Such reporting must include full particulars. Any subsequent Regulatory Proceeding directly related to such Privacy Breach Event shall be 

treated as a Regulatory Proceeding first discovered at the time you first discovered such 

Privacy Breach Event.

2. The Named Insured must give us written notice of any Regulatory Proceeding as soon 

as practicable, but in no event later than thirty 

(30) days after you first receive such Regulatory Proceeding.

3. All notices shall be sent to: Nautilus Insurance 

Group, 7233 E. Butherus Drive, Scottsdale, AZ 

85260, Attn: Claims Department, Claims Customer Service Hotline (800) 358-5178, FAX 

(480) 281-0794, E-Mail: nicclaims@nautilusins.com.

4. If, during the Endorsement Period, you become aware of any Privacy Wrongful Act or 

circumstance which could reasonably be ex

pected to give rise to a Regulatory Proceeding or Privacy Breach Event, the Named Insured must provide written notice thereof to 

us as soon as practicable, but in no event later 

than the end of the Endorsement Period. The 

notice shall contain full particulars, including 

but not limited to:

a. the time, date, location and description of 

the specific Privacy Wrongful Act which 

forms the basis of the potential Regulatory Proceeding;

b. the nature of the potential Claims Expenses arising from such specific Privacy 

Wrongful Act;

c. a description of the circumstances or Privacy Wrongful Act and how you first became aware of the Privacy Wrongful Act

or Privacy Breach Event; and

d. the reason you reasonably believe such 

Privacy Wrongful Act or circumstance is 

likely to result in a Regulatory Proceeding or Privacy Breach Event.

Any Regulatory Proceeding arising out of 

such reported Privacy Wrongful Act shall be 

treated as a Regulatory Proceeding first discovered at the earlier of: (1) the date when 

such written notice was delivered to us; or (2) 

the date you first discovered a Privacy 

Breach Event as to which such Regulatory 

Proceeding is directly related, provided you

reported such Privacy Breach Event to us in 

accordance with Condition B.1. above.

5. Insured’s Duties in the Event of a Regulatory 

Proceeding, Privacy Breach Event, or Extortion Threat:

a. If there is a Regulatory Proceeding, Privacy Breach Event or Extortion Threat, 

you must do the following:

i. Fully assist and cooperate with us in 

the conduct, investigation, negotiation 

and settlement of any Regulatory 

Proceeding, Privacy Breach Event, 

or Extortion Threat. At our request, 

you must: submit to an examination 

under oath; provide us with written 

statements; attend meetings and negotiations; produce and make available all information, books, records, 

documents and other materials which 

we deem relevant to the Regulatory 

Proceeding, Privacy Breach Event 

or Extortion Threat or coverage 

therefor; attend hearings, depositions, 

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proceedings, trials and appeals; assist 

us in effecting settlements, securing 

and giving evidence and obtaining the 

attendance of witnesses, and pursuing 

or enforcing any right of contribution or 

indemnity against a person or entity 

who may be liable to you.

ii. You must do whatever is necessary to 

secure and affect any rights of indemnity, contribution or apportionment that 

you may have.

iii. You shall accept our assignment of 

counsel and shall refrain from discussing any Regulatory Proceeding, Privacy Breach Event or Extortion 

Threat with anyone other than counsel retained to represent the Insured

or our representatives.

iv. With respect to a Privacy Breach 

Event or Extortion Threat, you must 

take all reasonable steps to protect 

Computer Systems and Protected 

Information from further loss or damage, and keep a record of the expenses necessary to protect such Computer Systems and Protected 

Information.

b. No Insured will, except at its own cost, 

voluntarily make a payment, admit liability, 

retain attorneys, consultants, or vendors, 

assume any other obligation, or accept or 

reject arbitration without our prior written 

consent. Any payments, settlements or 

admissions you make without our prior 

written consent will be made at your own 

expense.

C. BANKRUPTCY

Bankruptcy or insolvency of the Insured or of the 

Insured’s estate will not relieve us of any of our

obligations under this Endorsement.

D. ACTION AGAINST US

No action shall be brought against us by any Insured, unless, as a condition precedent thereto:

1. all Insureds have fully complied with all the 

terms and conditions of this Endorsement; 

2. In no event shall any action brought by anyone 

be maintained against us unless such action is 

brought within twenty-four (24) months from 

the time the right to bring action first became 

available. 

E. OTHER INSURANCE

This insurance shall be excess of and not contribute with all other insurance, whether collectible or 

not, that affords coverage for a Privacy Wrongful 

Act or a Privacy Breach Event. 

This condition does not apply to other insurance 

that is specifically and intentionally written to apply 

in excess of the limits provided by this Endorsement.

F. ASSIGNMENT OF THE INSURED’S INTEREST

The interest of the Insured under this Endorsement is not assignable to any other person or organization, except with our prior written consent.

G. TRANSFER OF RIGHTS OF RECOVERY

/SUBROGATION

If there is a payment made by us, we shall be subrogated to all of your rights of recovery against 

any person or organization. You will cooperate 

with us and do whatever is necessary to secure 

and recover upon these rights, including but not 

limited to executing any documents necessary to 

enable us to effectively bring suit in your name. 

You shall do nothing that may prejudice our position or potential or actual rights of recovery. Your

rights and obligations hereunder shall survive the 

expiration, cancellation, or termination of this Endorsement.

With respect to any Privacy Breach Event, any 

amount recovered upon the exercise of such rights 

of recovery will be applied on the following terms: 

first, to the repayment of expenses incurred by the 

exercise of such subrogation rights; second, to 

amounts paid by the Named Insured in excess of 

the Limits of Insurance; third, to amounts paid by 

us; and finally, to amounts paid by the Named Insured toward the Deductible.

H. CANCELLATION

This Endorsement may be canceled by the 

Named Insured by returning the Endorsement to 

us or our authorized representatives. The Named 

Insured can also cancel this Endorsement by written notice to us stating at what future date cancellation is to be effective. If the Named Insured

cancels, earned premium shall be computed using 

the customary short rate table subject, however, to 

a retention by us of not less than twenty five percent (25%) of the premium shown in the Schedule.

We can cancel the Endorsement by written notice 

to the Named Insured, at the address last known 

to us. We will provide written notice at least thirty 

(30) days before cancellation is to be effective and

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the earned premium will be computed pro-rata. 

However, if we cancel because you fail to pay a 

premium or deductible when due, only ten (10) 

days written notice of cancellation will be required 

and earned premium will be computed using the 

customary short rate table.

We also will not be required to renew this Endorsement upon its expiration. If we elect not to 

renew this Endorsement, we will mail to the 

Named Insured written notice of nonrenewal at 

least thirty (30) days prior to the Expiration Date of 

this Endorsement. Any offer of renewal on terms 

involving a change of Deductible, premium, Limit 

of Insurance, or other terms and conditions shall 

not constitute, nor be construed as, a failure or refusal by us to renew this Endorsement.

I. CHANGES MADE TO THIS ENDORSEMENT

The terms and conditions of this Endorsement

cannot be waived or changed except by specific 

written endorsement issued by us and made part 

of the Endorsement.

J. AUDIT

We may examine and audit your books and records at any time during the Endorsement Period

and within three (3) years after the expiration or 

termination date of this Endorsement, as far as 

they relate to this Endorsement.

K. APPLICATION

The statements and particulars contained in the 

Application and any and all attachments constitute 

the representations of all Insureds and are material. This Endorsement is issued and continued in 

force by us in reliance upon the truth, accuracy 

and completeness of such representations, which 

are the basis of this Endorsement. Upon the binding of coverage, the Application and any and all attachments are incorporated in and form a part of 

this Endorsement.

No knowledge or information possessed by any 

Insured shall be imputed to any other Insured, 

except for material facts or information known to 

the person or persons who signed the application. 

In the event of any material untruth, misrepresentation or omission in connection with any of the 

particulars or statements in the application, this 

Endorsement shall be void with respect to any Insured who knew of such untruth, misrepresentation or omission or to whom such knowledge is 

imputed.

L. FALSE OR FRAUDULENT CLAIMS

If an Insured reports any matter knowing it to be 

false or fraudulent, this Endorsement shall become 

void and all insurance coverage hereunder shall 

be forfeited as to the inception date of this Endorsement.

M. TERMS AND CONDITIONS OF ENDORSEMENT

CONFORMED TO STATUTE

Where necessary, the terms and conditions of this 

Endorsement will be amended to conform to applicable law.

N. PREMIUM

The premium amount for this Endorsement is stated in the Schedule and is for coverage for the Endorsement Period. If during the Endorsement 

Period there is a change in coverage afforded, we

have the right to adjust the premium as of the date 

of the change. Any premium adjustment shall be 

made in accordance with our prevailing rules and 

rates.

O. TERRITORY

This Endorsement applies to Privacy Wrongful 

Acts, Regulatory Proceedings and Privacy 

Breach Events taking place anywhere in the 

world except Countries or States against which the 

United States has implemented trade or diplomatic 

sanctions. However, a Regulatory Proceeding 

must be brought in the United States.

P. CHANGE IN RISK

1. If, during the Endorsement Period, the 

Named Insured acquires or creates another 

entity (other than a joint venture or partnership, which is addressed below) whose annual 

revenues are more than ten percent (10%) of 

the Named Insured’s total annual revenues 

as set forth in the most recent Application for 

insurance, or if the Named Insured merges or 

consolidates with another entity such that the 

Named Insured is the surviving entity (any 

such acquired, created, merged or consolidated entity, including a new subsidiary, will be 

identified as the Acquired Company), then for 

a period of sixty (60) days after the effective 

date of the transaction, such Acquired Company shall be included as a Named Insured

but only with respect to Privacy Wrongful 

Acts first committed or allegedly committed after the effective date of such transaction, or 

Privacy Breach Events or Extortion Threats

that first occur after the effective date of such 

transaction. Upon the expiration of the sixty 

(60) day period, there will be no coverage 

available under this Endorsement for any 

Regulatory Proceeding, Privacy Breach 

Event or Extortion Threat based on, resulting 

from, arising out of, in consequence of, or in 

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any way in connection with or involving, directly or indirectly, the Acquired Company unless 

within such sixty (60) day period:

a. the Named Insured gives us such information regarding such transaction as we

request;

b. We have specifically agreed by written endorsement to this Endorsement to provide 

coverage with respect to such Acquired 

Company and the Named Insured accepts any terms, conditions, exclusions or 

limitations, including payment of additional 

premium, as we, in our sole discretion, 

impose in connection with the transaction; 

and

c. the Named Insured has paid the additional premium, if any, we charge and has 

agreed to any modifications to this Endorsement.

2. If, during the Endorsement Period, the Insured becomes a member of a new joint venture or partner in a new partnership, there will 

be no coverage available under this Endorsement for any Claim Expenses, Regulatory 

Proceeding, Privacy Breach Event or Extortion Threat, or Privacy Wrongful Act based 

on, resulting from, arising out of, in consequence of, or in any way in connection with or 

involving, directly or indirectly, such joint venture or partnership, unless:

a. the Named Insured gives us such information regarding the new joint venture or 

partnership as we request; and

b. We specifically agree by written endorsement to this Endorsement to provide coverage with respect to such new joint venture or partnership, and the Named 

Insured accepts any terms, conditions, 

exclusions or limitations, including payment of additional premium, as we, in our 

sole discretion, impose in connection with 

such transaction.

3. If, during the Endorsement Period, any of the 

following events occur:

a. the Named Insured first identified in the 

policy Declarations is dissolved, sold, acquired by, merged into, or consolidated 

with another entity such that such Named 

Insured is not the surviving entity; or

b. a third party receiver, conservator, trustee, 

liquidator, rehabilitator or any similar official is appointed for or with respect to the 

Named Insured first identified in the policy 

Declarations; 

coverage under this Endorsement shall continue in full force and effect until the Expiration 

Date or any earlier cancellation or termination 

date, but this Endorsement shall only apply to 

Privacy Wrongful Acts first committed or allegedly committed before the effective date of 

such event or a Privacy Breach Event or Extortion Threat that first occurs before the effective date of such event. There will be no 

coverage available under this Endorsement

based on, resulting from, arising out of, in consequence of, or in any way in connection with 

or involving, directly or indirectly any Privacy 

Wrongful Act committed or allegedly committed on or after the effective date of such event 

or any Privacy Breach Event or Extortion 

Threat that occurs after the effective date of 

such event.

Q. ENTIRE AGREEMENT

The Insureds agree that this Endorsement, including the Application, Declarations and any endorsements, constitutes the entire agreement between them and the Company or any of its agents 

relating to this insurance.

R. ECONOMIC AND TRADE SANCTIONS OR VIOLATIONS OF LAW

Any Regulatory Proceeding, Privacy Breach 

Event or Extortion Threat or matter uninsurable 

under any act, statute, rule, regulation, ordinance, 

common law, or other law of the United States of 

America concerning trade or economic sanctions 

or export control laws is not covered under this 

Endorsement.

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COMMERCIAL GENERAL LIABILITY 

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. 

UNDERGROUND UTILITY LIMITATION

This endorsement modifies insurance provided under the following: 

COMMERCIAL GENERAL LIABILITY COVERAGE PART 

The following exclusion is added to 2. Exclusions of Coverage A - Bodily Injury And Property Damage Liability, 

Coverage B - Personal And Advertising Injury Liability and Coverage C - Medical Payments: 

This insurance does not apply to "bodily injury", "property damage", "personal and advertising injury" or medical 

payments arising out of, resulting from, related to, or in any way connected with, either directly or indirectly, any 

loss or damage to underground lines, pipes, cable, or underground utilities caused by backfilling, burrowing, digging, 

drilling, excavating, filling, pile driving, tunneling, or similar operations performed by or on behalf of any insured. 

However, this exclusion does not apply if you or anyone acting on your behalf: 

1. Prior to commencing backfilling, burrowing, digging, drilling, excavating, filling, pile driving, tunneling, or similar 

operations, has an underground locating service locate and mark all underground lines, pipes, cable and 

underground utilities. The insured must obtain proof of the completion of the underground location service in 

writing from the underground locating service; and 

2. Completes work within the time period, if any, specified by the underground locating service and according to 

the instructions, if any, provided by the underground locating service. 

All other terms and conditions remain unchanged. 

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POLICY NUMBER: COMMERCIAL GENERAL LIABILITY

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. 

AMENDMENT OF CONDITIONS - PREMIUM AUDIT

This endorsement modifies insurance provided under the following: 

COMMERCIAL GENERAL LIABILITY COVERAGE PART 

LIQUOR LIABILITY COVERAGE PART 

OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART 

PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART 

PROFESSIONAL LIABILITY COVERAGE PART 

A. The Premium Audit Condition under Section IV - Conditions is replaced by the following: 

Premium Audit 

1. We will compute all premiums for this Coverage Part in accordance with our rules and rates. Premium 

shown in this Coverage Part as advance premium is a minimum and deposit premium. 

The rates for each classification shown in the Declarations are multiplied by the estimated premium bases 

of that classification for the term to determine the advance premium. 

We may conduct an audit of your books to determine the actual premium bases developed during the 

policy period. To calculate the actual premium developed during the policy period we will use one, or a 

combination, of the following premium bases: payroll, admissions, gross sales, total cost, area, each 

exposure unit, units or total operating expenditures. 

2. If we determine, whether by audit of your books and records or otherwise, that you are conducting 

operations not scheduled on this policy, we may add the appropriate classifications and compute the 

rates and premiums in accordance with our rules and rates in effect on the inception date of this policy, 

unless coverage has been restricted to "designated operations". 

3. Premium Bases.

The premium bases are defined in accordance with our rules and the following additional definitions: 

a. Payroll (premium basis symbol p): Remuneration paid to "employees", "casual laborers", "temporary 

workers", day laborers, statutory workers, seasonal workers or "leased workers", including but not 

limited to: 

(1) Money or substitutes for money; commissions; bonuses; overtime; payments to statutory 

insurance or pension plans; profit sharing or incentive plans; pay for holidays, vacation or 

sickness; and fees paid to employment agencies for temporary personnel provided to you. 

(2) If your operations consist of a number of separate operations classified individually in the 

Declarations, the payroll will be allocated to each classification where you have maintained 

records for each separate operation. Any such operation for which separate records are not

maintained by you will be assigned to the highest rated classification. 

(3) For premium computation purposes, the payroll of executive officers, individual insureds and copartners is subject to a minimum annual payroll per person of: 

(If no entry is made, the minimum payroll as established by our rating rules will apply.) 

The rates apply per $1,000 of Payroll. 

b. Admissions (premium basis symbol m): The total number of persons, other than your "employees", 

admitted to the insured event or to events conducted on the premises whether on paid admissions, 

tickets, complimentary tickets or passes. 

The rates apply per 1,000 Admissions. 

$

NN1087682

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c. Gross Sales (premium basis symbol s): The gross amount charged by you, your concessionaires or 

by others trading under your name for: 

(1) All goods or products, sold or distributed; 

(2) Operations performed during the policy period; and 

(3) Rentals; or 

(4) Dues or fees. 

The rates apply per $1,000 of Gross Sales. 

d. "Total Cost" (premium basis symbol c) means the total cost of all work let or sublet in connection 

with each specific project including: 

(1) The cost of all labor, materials and equipment furnished, used or delivered for use in the 

execution of the work including the cost of finished equipment installed whether or not furnished 

by the contractor, or subcontractor, or by you; and 

(2) All fees, bonuses or commissions made, paid or due. 

The rates apply per $1,000 of Total Cost. 

e. Area (premium basis symbol a): The total number of square feet of floor space at the insured 

premises. 

The rates apply per 1,000 square feet of Area. 

f. Each (premium basis symbol t): This basis of premium involves units of exposure, and the quantity 

comprising each unit of exposure is indicated in the Declarations, such as "per person". 

The rates apply per each unit of exposure. 

g. Units (premium basis symbol u): A single room or group of rooms intended for occupancy as 

separate living quarters by a family, by a group of unrelated persons living together, or by a person 

living alone. 

The rates apply per Unit. 

h. Total Operating Expenditures (premium basis symbol o): Total expenditures (including grants, 

entitlements and shared revenue) without regard to source of revenue during the policy period 

including accounts payable. 

The rates apply per $1,000 of Total Operating Expenditures. 

4. The first Named Insured must keep records of the information we need for premium computation and 

send us copies at such times as we may request. Failure to supply such records upon request will be 

deemed a breach of condition and subject this policy, and may subject any in force policy of yours, to 

cancellation for breach of conditions. 

5. We reserve the right to 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. 

6. Premium shown in this Coverage Part as advance premium is a minimum and deposit premium. 

Advance premium includes any payments identified as premium paid prior to policy expiration. At the 

close of each audit period, we will compute the earned premium for that period. Audit premium is due 

and payable upon notice to the first Named Insured. Failure to pay the audit premium due will be deemed 

a breach of contract and subject this policy, and may subject any in force policy of yours, to cancellation 

for non-payment of premium. 

a. If the actual earned premium generated as a result of an audit for the policy period is less than the 

advance premium, such advance premium is the minimum premium for the policy period indicated 

and is not subject to adjustment. 

b. If the actual earned premium generated as a result of an audit for the policy period is greater than the 

advance premium, then a final premium adjustment endorsement will be issued. The additional 

premium amount shown on the final premium adjustment endorsement is due and payable to us upon 

notice to the first Named Insured. 

7. Estimated Annual Audit Procedure: 

If, after three documented attempts, we are unable to examine your books and records to obtain the 

information necessary to complete the audit, we may implement our estimated audit procedure as 

outlined below: 

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a. An Estimated Audit Endorsement will be issued reflecting a fifty percent (50%) increase in your 

 reported premium basis. This increase is an estimate based on information we have on file, or your 

 business operations. 

b. The Estimated Audit Endorsement will include a copy of the Unproductive Audit Report that outlines 

the documented attempts made to collect the required information. 

c. If you agree with the Estimated Audit Endorsement, you must remit payment for the full amount of the 

estimated audit; or 

d. If you dispute the Estimated Audit Endorsement, you must provide the requested audit information so 

we can calculate the proper earned premium developed for the policy period. 

8. Cancellation Audit Procedure.

a. If the policy is canceled prior to the expiration date the first Named Insured retains the unearned 

premium; we will retain the earned premium developed by: 

(1) Multiplying the advance premium by the applicable pro-rata factor, short-rate factor, or minimum 

earned premium percentage; or 

(2) An audit of your books and records for the period the policy was in force, 

whichever is greater. 

b. If the actual earned premium generated as a result of an audit is greater than the advance premium 

paid at issuance, then a final premium adjustment endorsement will be issued. The additional 

premium amount shown on the final premium adjustment endorsement is due and payable to us upon 

notice to the first Named Insured. 

B. The following definitions are added to the Definitions section: 

1. "Casual laborers" are persons who provide services that are performed in the course of the employing 

unit's trade or business regardless of the amount of remuneration received or the length of time the 

services are provided. 

2. "Designated operations" means only those operations performed by any insured that are described on the 

Common Policy Declarations, the General Liability Coverage Part Declarations, or the endorsements or 

supplements of this insurance. 

All other terms and conditions of this policy remain unchanged. 

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COMMERCIAL GENERAL LIABILITY 

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. 

CONTRACTORS EXTENSION ENDORSEMENT 

This endorsement modifies insurance provided under the following: 

COMMERCIAL GENERAL LIABILITY COVERAGE PART 

SUMMARY OF COVERAGE 

No coverage is provided by the below Summary of Coverage; refer 

to the following pages of this endorsement for changes in your policy.

Exclusion – Total Pollution with Hostile Fire Exception Included 

Limited Property Damage Extension (Care, Custody or 

Control (CCC)) $5,000 Per Occurrence / $10,000 Aggregate 

Lost Key Coverage $10,000 Per Occurrence / $25,000 Aggregate 

Property Damage Liability - Elevators Included 

Supplementary Payments: 

x Cost of Bail Bonds 

x Loss of Earnings 

Up to $2,500 

Up to $500 per day 

Additional Insureds: 

x Automatic Status When Required in Written 

Contract or Agreement (Ongoing Operations) 

x Lessor of Leased Equipment – Automatic 

Status When Required in Lease Agreement with 

You 

x Managers or Lessors of Premises – Automatic 

Status When Required in Written Contract or 

Agreement 

x Mortgagee, Assignee or Receiver – Automatic 

Status When Required in Written Contract or 

Agreement 

Included 

Limits of Insurance: 

x Damage to Premises Rented to You 

x Medical Expense 

$300,000 Any One Premises (Unless Excluded) 

$10,000 Any One Person (Unless Excluded)

Construction Project General Aggregate Limit When 

Required By Contract And Maximum Per Policy 

General Aggregate Limit

$5,000,000 

Primary and Non-Contributory – Other Insurance - 

When Required in Written Contract or Agreement Included 

Waiver of Transfer of Rights of Recovery – Automatic 

Status When Required in Written Contract or 

Agreement

Included 

Liberalization Included 

 

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A. EXCLUSION – TOTAL POLLUTION WITH HOSTILE FIRE EXCEPTION 

1. Exclusion f. Pollution of 2. Exclusions of Section I – Coverage A – Bodily Injury and Property Damage 

Liability is replaced by the following:

This insurance does not apply to: 

f. Pollution

(1) “Bodily injury” or “property damage” which would not have occurred in whole or in part but for the 

actual, alleged or threatened discharge, dispersal, seepage, migration, release or escape of 

”pollutants” at any time.

However, this exclusion does not apply to “bodily injury” or “property damage” arising out of heat, 

smoke or fumes from a “hostile fire” unless that “hostile fire” occurred or originated:

(a) At or from any premises, site or location which is or was at any time used by or for, owned or 

occupied by, or rented or loaned to any insured or others for the handling, storage, disposal, 

processing or treatment of “pollutants” or waste; or

(b) At or from any premises, site or location on which any insured or any contractors or 

subcontractors working directly or indirectly on any insured’s behalf are performing operations 

if the “pollutants” are brought on or to the premises, site or location in connection with such 

operations by such insured, contractor or subcontractor.

(2) Any loss, cost or expense arising out of any:

(a) Request, demand, order or statutory or regulatory requirement that any insured or others test 

for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, 

or assess the effects of, “pollutants”; or

(b) Claim or "suit" by or on behalf of any authority, governmental or otherwise, for damages 

because of testing for, monitoring, cleaning up, removing, containing, treating, detoxifying or 

neutralizing, or in any way responding to, or assessing the effects of, "pollutants"; or 

(c) Requirements by Environmental Protection Agency (EPA) 40 CFR Parts 280 and 281 for 

underground storage tanks, Comprehensive Environmental Response Compensation and 

Liability Act (CERCLA) or any similar State or Federal environmental act(s). 

2. The definition of “pollutants” in Section V - Definitions is replaced by the following: 

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

fumes, acids, alkalis, chemicals and waste. Waste includes, but is not limited to, materials to be recycled, 

reconditioned or reclaimed. 

B. LIMITED PROPERTY DAMAGE EXTENSION 

1. For the purpose of this Limited Property Damage Extension only, paragraphs (4) and (5) of j. Damage 

to Property in Section 2. Exclusions of Section I – Coverage A – Bodily Injury and Property Damage 

Liability do not apply. 

2. Subject to Paragraphs 2., 3., and 5. of Section III – Limits of Insurance, the most we will pay for insurance 

provided by paragraph B.1. above is $5,000 each “occurrence” subject to $10,000 aggregate. 

This each occurrence limit applies to all damages as a result of any one “occurrence” regardless of the 

number of persons or organizations who sustain damage because of the “occurrence”. 

This aggregate limit is the most we will pay for the sum of all damages under paragraph B.

C. LOST KEY COVERAGE 

1. The following is added to 2. Exclusions, Paragraphs (3) and (4) of j. Damage to Property of Section I –

Coverage A – Bodily Injury and Property Damage Liability: 

This exclusion does not apply to “property damage” arising out of the loss, damage or mysterious 

disappearance of keys entrusted to or in the possession, care, custody or control of you or your 

“employees,” subject to the following provisions: 

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a. The amount we will pay for all damages because of loss to which this endorsement applies shall be 

limited to the actual cost of keys, adjustment of locks to accept new keys or, if required, new locks 

including cost of their installation. 

b. This insurance does not apply to “property damage” caused by misappropriation, secretion, conversion, 

infidelity or any act of dishonesty on the part of any insured, “employee” or agent.

2. Subject to Paragraphs 2., 3., and 5. of Section III – Limits of Insurance, the most we will pay for insurance 

provided by paragraph C.1. above is $10,000 each “occurrence” subject to $25,000 aggregate. 

This each occurrence limit applies to all damages as a result of any one “occurrence” regardless of the 

number of persons or organizations who sustain damage because of the “occurrence”. 

This aggregate limit is the most we will pay for the sum of all damages under paragraph C.

D. PROPERTY DAMAGE LIABILITY - ELEVATORS 

The following is added to 2. Exclusions, Paragraphs (3), (4) and (6) of j. Damage to Property of Section I –

Coverage A – Bodily Injury and Property Damage Liability: 

This exclusion does not apply to “property damage” resulting from the use of elevators. However, any coverage 

provided for a loss because of “property damage” resulting from the use of elevators is excess over any valid 

and collectible property insurance (including deductible) available to the insured, whether primary, excess, 

contingent or on any other basis. 

E. SUPPLEMENTARY PAYMENTS – INCREASED LIMITS – BAIL BONDS AND LOSS OF EARNINGS 

1. Paragraph 1.b. of Section I – Supplementary Payments – Coverages A and B is replaced by the 

following: 

b. Up to $2,500 for cost of bail bonds required because of accidents or traffic law violations arising out of 

the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish 

these bonds. 

2. Paragraph 1.d. of Section I – Supplementary Payments – Coverages A and B is replaced by the 

following: 

d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or 

defense of the claim or “suit”, including actual loss of earnings up to $500 a day because of time off 

from work.

F. ADDITIONAL INSUREDS 

1. ADDITIONAL INSURED – AUTOMATIC STATUS WHEN REQUIRED IN WRITTEN CONTRACT OR 

AGREEMENT (ONGOING OPERATIONS) 

a. Section II - Who Is An Insured is amended to include as an additional insured any person or 

organization when you and such person or organization have agreed in writing in a contract or 

agreement that such person or organization be added as an additional insured on your policy. 

Such person or organization is an additional insured only with respect to liability for "bodily injury", 

"property damage" or "personal and advertising injury" caused, in whole or in part, by: 

(1) Your acts or omissions; or 

(2) The acts or omissions of those acting on your behalf; 

in the performance of your ongoing operations for the additional insured, but only for “occurrences” or 

coverages not otherwise excluded in the Coverage Part to which this endorsement applies. 

However, the insurance afforded to such additional insured: 

(1) Only applies to the extent permitted by law; and 

(2) Will not be broader than that which you are required by the contract or agreement to provide for 

such additional insured. 

 

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b. Status as an additional insured for the person or organization to which this endorsement applies: 

(1) Commences during the policy period and after such written contract or agreement has been 

executed; and 

(2) Ends when: 

(a) Your ongoing operations for that additional insured are completed; 

(b) The contractor's contract or agreement is terminated; or 

(c) Your policy cancels or expires; 

whichever occurs first. 

c. With respect to the insurance afforded to the additional insured, the following exclusions apply: 

This insurance does not apply to: 

(1) “Bodily injury”, “property damage”, “personal and advertising injury” or medical payments arising 

out of the rendering of, or the failure to render, any professional architectural, engineering or 

surveying services, including: 

(a) The preparing, approving, or failure to prepare or approve, maps, shop drawings, opinions, 

reports, surveys, field orders, change orders or drawings and specifications; or 

(b) Supervisory, inspection, architectural or engineering activities. 

This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in 

the supervision, hiring, employment, training or monitoring of others by that insured, if the “occurrence” 

which caused the “bodily injury” or “property damage”, or the offense which caused the “personal and 

advertising injury”, involved the rendering of or the failure to render any professional architectural, 

engineering, or surveying services. 

(2) "Bodily injury" or "property damage" occurring after: 

(a) All work, including materials, parts, or equipment furnished in connection with such work, on 

the project (other than service, maintenance, or repairs) to be performed by or on behalf of the 

additional insured(s) at the location of the covered operations has been completed; or 

(b) That portion of "your work" out of which the injury or damage arises has been put to its intended 

use by any person or organization other than another contractor or subcontractor engaged in 

performing operations for a principal as a part of the same project. 

d. With respect to the insurance afforded to the additional insured, the following is added to Section III –

Limits of Insurance: 

The most we will pay on behalf of the additional insured is the amount of insurance: 

(1) Required by the contract or agreement you have entered into with the additional insured; or 

(2) Available under the applicable Limits of Insurance shown in the Declarations; 

whichever is less. 

This endorsement shall not increase the applicable Limits of insurance shown in the Declarations. 

2. ADDITIONAL INSURED – LESSOR OF LEASED EQUIPMENT – AUTOMATIC STATUS WHEN 

REQUIRED IN LEASE AGREEMENT WITH YOU 

a. Section II – Who Is An Insured is amended to include as an additional insured any person(s) or 

organization(s) from whom you lease equipment when you and such person(s) or organization(s) have 

agreed in writing in a contract or agreement that such person(s) or organization(s) be added as an 

additional insured on your policy. Such person(s) or organization(s) is an insured only with respect to 

liability for “bodily injury”, “property damage” or “personal and advertising injury” caused, in whole or in 

part, by your maintenance, operation or use of equipment leased to you by such person(s) or 

organization(s).

However, the insurance afforded to such additional insured: 

 

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(1) Only applies to the extent permitted by law; and

(2) Will not be broader than that which you are required by the contract or agreement to provide for 

such additional insured.

A person’s or organization’s status as an additional insured under this endorsement ends when their 

contract or agreement with you for such leased equipment ends. 

b. With respect to the insurance afforded to these additional insureds, this insurance does not apply to 

any “occurrence” which takes place after the equipment lease expires.

c. With respect to the insurance afforded to these additional insureds, the following is added to Section 

III – Limits of Insurance:

The most we will pay on behalf of the additional insured is the amount of insurance: 

(1) Required by the contract or agreement you have entered into with the additional insured; or

(2) Available under the applicable Limits of Insurance shown in the Declarations;

whichever is less. 

This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations.

2. ADDITIONAL INSURED – MANAGERS OR LESSORS OF PREMISES – AUTOMATIC STATUS WHEN 

REQUIRED IN WRITTEN CONTRACT OR AGREEMENT 

a. Section II – Who Is An Insured is amended to include as an additional insured any person(s) or 

organization(s) with whom you have agreed in writing in a contract or agreement that such person(s) 

or organization(s) be added, executed prior to loss, as an additional insured on your policy. Such 

person(s) or organization(s) is an insured only with respect to liability arising out of the ownership, 

maintenance or use of that part of the premises leased to you, subject to the following additional 

exclusions: 

This insurance does not apply to: 

(1) Any “occurrence” which takes place after you cease to be a tenant in that premises. 

(2) Structural alterations, new construction or demolition operations performed by or on behalf of such 

additional insured. 

However: 

(1) The insurance afforded to such additional insured only applies to the extent permitted by law; and 

(2) If coverage provided to the additional insured is required by a contract or agreement, the insurance 

afforded to such additional insured will not be broader than that which you are required by the 

contract or agreement to provide for such additional insured. 

b. With respect to the insurance afforded to these additional insureds, the following is added to Section 

III – Limits of Insurance: 

If coverage provided to the additional insured is required by a contract or agreement, the most we will 

pay on behalf of the additional insured is the amount of insurance: 

(1) Required by the contract or agreement; or 

(2) Available under the applicable Limits of Insurance shown in the Declarations; 

whichever is less. 

This endorsement shall not increase the applicable Limits of insurance shown in the Declarations. 

3. ADDITIONAL INSURED – MORTGAGEE, ASSIGNEE, OR RECEIVER – AUTOMATIC STATUS WHEN 

REQUIRED IN WRITTEN CONTRACT OR AGREEMENT 

a. Section II – Who is An Insured is amended to include as an additional insured any person(s) or 

organization(s) with whom you have agreed in writing in a contract or agreement that such person(s) 

or organization(s) be added, executed prior to loss, as an additional insured on your policy. Such 

person(s) or organization(s) is an insured only with respect to their liability as mortgagee, assignee, or 

receiver and arising out of the ownership, maintenance or use of the premises by you. 

 

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However: 

(1) The insurance afforded to such additional insured only applies to the extent permitted by law; and 

(2) If coverage provided to the additional insured is required by a contract or agreement, the insurance 

afforded to such additional insured will not be broader than that which you are required by the 

contract or agreement to provide for such additional insured. 

b. This insurance does not apply to structural alterations, new construction and demolition operations 

performed by or for such person(s) or organization(s). 

c. With respect to the insurance afforded to these additional insureds, the following is added to Section 

III – Limits of Insurance: 

If coverage provided to the additional insured is required by a contract or agreement, the most we will 

pay on behalf of the additional insured is the amount of insurance: 

(1) Required by the contract or agreement; or 

(2) Available under the applicable Limits of Insurance shown in the Declarations; 

whichever is less. 

This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. 

G. LIMITS OF INSURANCE – DAMAGE TO PREMISES RENTED TO YOU AND MEDICAL EXPENSE 

Paragraphs 6. and 7. of Section III – Limits of Insurance are replaced by the following: 

6. Subject to Paragraph 5. above, the Damage to Premises Rented To You Limit, if not otherwise excluded, 

is the higher of: 

a. $300,000; or 

b. The amount shown in the Declarations as the Damage to Premises Rented To You Limit. 

Whether a. or b. above applies, it is the most we will pay under Coverage A for damages because of 

“property damage” to any one premises, while rented to you, or in the case of damage by fire, while rented 

to you or temporarily occupied by you with permission of the owner. 

7. Subject to Paragraph 5. above, the Medical Expense Limit, if not otherwise excluded, is the higher of: 

a. $10,000; or 

b. The amount shown in the Declarations as the Medical Expenses Limit. 

Whether a. or b. above applies, it is the most we will pay under Coverage C for all medical expenses 

because of “bodily injury” sustained by any one person. 

H. CONSTRUCTION PROJECT GENERAL AGGREGATE LIMIT WHEN REQUIRED BY CONTRACT AND 

MAXIMUM PER POLICY GENERAL AGGREGATE LIMIT 

1. For all sums which the insured becomes legally obligated to pay as damages caused by "occurrences" 

under Section I - Coverage A - Bodily Injury And Property Damage Liability, and for all medical 

expenses caused by accidents under Section I - Coverage C - Medical Payments, which can be attributed 

only to ongoing operations at a single construction project:

a. A separate Construction Project General Aggregate Limit applies to each construction project when 

required in a written construction contract or agreement, and that limit is equal to the amount of the 

General Aggregate Limit shown in the Declarations. 

b. The Construction Project General Aggregate Limit is the most we will pay for the sum of all damages 

under Coverage A, except damages because of "bodily injury" or "property damage" included in the 

"products-completed operations hazard", and for medical expenses under Coverage C regardless of 

the number of: 

(1) Insureds; 

(2) Claims made or "suits" brought; or 

(3) Persons or organizations making claims or bringing "suits". 

 

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c. Any payments made under Coverage A for damages or under Coverage C for medical expenses shall 

reduce the Construction Project General Aggregate Limit for that construction project. Such payments 

shall not reduce the General Aggregate Limit shown in the Declarations nor shall they reduce any other 

Construction Project General Aggregate Limit for any other construction project. 

d. The limits shown in the Declarations for Each Occurrence, Damage To Premises Rented To You and 

Medical Expense continue to apply. However, instead of being subject to the General Aggregate Limit 

shown in the Declarations, such limits will be subject to the applicable Construction Project General 

Aggregate Limit. 

e. A Maximum Per Policy General Aggregate Limit of $5,000,000 is the most we will pay for the sum of 

all Construction Project General Aggregate Limits and the General Aggregate Limit shown in the 

Declarations regardless of the number of: 

(1) Insureds; 

(2) Claims made or "suits" brought; 

(3) Persons or organizations making claims or bringing "suits"; or 

(4) Construction projects. 

2. For all sums which the insured becomes legally obligated to pay as damages caused by "occurrences" 

under Section I - Coverage A - Bodily Injury And Property Damage Liability, and for all medical 

expenses caused by accidents under Section I - Coverage C - Medical Payments, which cannot be 

attributed only to ongoing operations at a single construction project: 

a. Any payments made under Coverage A for damages or under Coverage C for medical expenses shall 

reduce the amount available under the General Aggregate Limit shown in the Declarations or the 

Products-Completed Operations Aggregate Limit shown in the Declarations, whichever is applicable; 

and 

b. Such payments shall not reduce any Construction Project General Aggregate Limit. 

3. When coverage for liability arising out of the "products-completed operations hazard" is provided, any 

payments for damages because of "bodily injury" or "property damage" included in the "products-completed 

operations hazard" will reduce the Products-Completed Operations Aggregate Limit shown in the 

Declarations, and not reduce the General Aggregate Limit shown in the Declarations nor the Construction 

Project General Aggregate Limit. 

4. If the applicable construction project has been abandoned, delayed, or abandoned and then restarted, or if 

the authorized contracting parties deviate from plans, blueprints, designs, specifications, or timetables, the 

project will still be deemed to be the same construction project. 

5. The provisions of Section III - Limits Of Insurance not otherwise modified by this endorsement shall 

continue to apply as stipulated.

I. PRIMARY AND NONCONTRIBUTORY – OTHER INSURANCE – WHEN REQUIRED IN WRITTEN 

CONTRACT OR AGREEMENT 

The following is added to the Other Insurance Condition of Section IV – Commercial General Liability 

Conditions: 

Primary and Noncontributory Insurance 

This insurance is primary to and will not seek contribution from any other insurance available to an additional 

insured under your policy provided that: 

1. The additional insured is a Named Insured under such other insurance; and 

2. You have agreed in writing in a contract or agreement that this insurance would be primary and would not 

seek contribution from any other insurance available to the additional insured. 

J. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US – AUTOMATIC STATUS 

WHEN REQUIRED IN WRITTEN CONTRACT OR AGREEMENT 

The following is added to 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV –

Commercial General Liability Conditions:

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We waive any right of recovery we may have against any person or organization because of payments we make 

for injury or damage caused, in whole or in part, by your acts or omissions, or the acts or omissions of those 

acting on your behalf in the performance of your ongoing operations or “your work” done under a written contract 

with that person or organization and included in the “products-completed operations hazard”. This waiver 

applies only when you and that person or organization have agreed to such waiver in writing in a contract or 

agreement. 

K. LIBERALIZATION 

The following provision is added to Section IV – Commercial General Liability Conditions: 

If a revision to this endorsement, which would provide more coverage without additional premium becomes 

effective during the policy period in the state designated for the first Named Insured shown in the Declarations, 

your policy will automatically provide the broadened coverage as of the effective date of the revision.

All other terms and conditions remain unchanged. 

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POLICY NUMBER: COMMERCIAL GENERAL LIABILITY

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. 

ARTISAN CONTRACTOR EXTENSION - ADDITIONAL INSURED - WAIVER 

OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US -

AUTOMATIC STATUS WHEN REQUIRED IN CONTRACT OR AGREEMENT 

(Including Completed Operations)

This endorsement modifies insurance provided under the following: 

COMMERCIAL GENERAL LIABILITY COVERAGE PART 

SCHEDULE

Date:

A. ADDITIONAL INSURED – AUTOMATIC STATUS WHEN REQUIRED IN CONTRACT OR AGREEMENT

1. Section II - Who Is An Insured is amended to include as an additional insured any person or organization 

for whom you are performing operations when you and such person or organization have agreed in writing 

in a contract or agreement that such person or organization be added as an additional insured on your 

policy. Such person or organization is an additional insured only with respect to liability for "bodily injury", 

"property damage" or "personal and advertising injury" caused, in whole or in part, by:

a. Your acts or omissions, or the acts or omissions of those acting on your behalf in the performance of 

your ongoing operations for the additional insured; or

b. "Your work" and included in the "products-completed operations hazard" that was completed by or on 

behalf of any insured after the date shown in the Schedule of this endorsement

but only for "occurrences" or coverages not otherwise excluded in the Coverage Part to which this 

endorsement applies.

However the insurance afforded to such additional insured:

a. Only applies to the extent permitted by law; and

b. Will not be broader than that which you are required by the contract or agreement to provide for such 

additional insured.

2. Status as an additional insured for the person or organization to which this endorsement applies 

commences during the policy period and after such written contract or agreement has been executed.

3. With respect to the insurance afforded to these additional insureds, the following exclusions are added:

This insurance does not apply to:

a. “Bodily injury”, “property damage”, “personal and advertising injury” or medical payments arising out of 

the rendering of, or the failure to render, any professional architectural, engineering or surveying 

services, including:

(1) The preparing, approving, or failure to prepare or approve, maps, shop drawings, opinions, reports, 

surveys, field orders, change orders or drawings and specifications; or 

(2) Supervisory, inspection, architectural or engineering activities.

This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in 

the supervision, hiring, employment, training or monitoring of others by that insured, if the “occurrence” 

which caused the “bodily injury” or “property damage”, or the offense which caused the “personal and 

advertising injury”, involved the rendering of or the failure to render any professional architectural, 

engineering, or surveying services.

NN1087682 01/17/2020

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b. "Bodily injury" or "property damage" included in the "products-completed operations hazard" and arising 

out of "your work" that was completed by or on behalf of any insured prior to the date shown in the 

Schedule of this endorsement.

c. Claims, “suits” or damages arising out of the acts, omissions or negligence of the additional insured(s).

4. With respect to the insurance afforded to the additional insured, the following is added to Section III –

Limits Of Insurance:

The most we will pay on behalf of the additional insured is the amount of insurance:

a. Required by the contract or agreement you have entered into with the additional insured; or

b. Available under the applicable Limits of Insurance shown in the Declarations;

whichever is less.

This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations.

5. The following condition is added to 4.a. of Other Insurance of Section IV - Commercial General Liability 

Conditions:

The insurance afforded to the additional insured will be Primary Insurance and Noncontributory, but only if 

such claims, “suits” or damages arise out of the sole negligence of the Named Insured.

B. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US

The following is added to 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV –

Commercial General Liability Conditions:

We waive any right of recovery we may have against those who are added as additional insureds by this 

endorsement because of payments we make for injury or damage arising out of your ongoing operations or 

“your work” done under a contract with them and included in the “products-completed operations hazard”. This 

waiver applies only when you are solely negligent. This waiver shall not apply to claims, “suits” or damages 

arising in whole or in part out of the acts, omissions, or negligence of those added as additional insureds by 

this endorsement.

All other terms and conditions remain unchanged.

Case 0:22-cv-62300-BB Document 1-6 Entered on FLSD Docket 12/08/2022 Page 76 of 80
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POLICY NUMBER: COMMERCIAL GENERAL LIABILITY

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. 

DEDUCTIBLE LIABILITY INSURANCE

(Including Allocated Loss Adjustment Expense)

This endorsement modifies insurance provided under the following: 

COMMERCIAL GENERAL LIABILITY COVERAGE PART 

OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART 

PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART 

SCHEDULE

A. Our obligation under the Bodily Injury Liability and Property Damage Liability Coverages to pay damages on 

your behalf applies only to the amount of damages in excess of any deductible amounts stated in the 

Schedule as applicable to such coverages. 

B. You may select a deductible amount on either a per claim, a per "occurrence" or per item basis. Your selected 

deductible applies to the coverage option and to the basis of the deductible indicated by the placement of the 

deductible amount in the Schedule. The deductible amount stated in the Schedule applies as follows: 

1. PER CLAIM BASIS. If the deductible amount indicated in the Schedule is on a per claim basis, that 

deductible applies as follows: 

a. Under Bodily Injury Liability Coverage, to all damages sustained by any one person because of 

"bodily injury"; 

b. Under Property Damage Liability Coverage, to all damages sustained by any one person because of 

"property damage"; or 

c. Under Bodily Injury and Property Damage Liability Coverage Combined, to all damages sustained by 

any one person because of: 

(1) "Bodily injury"; 

(2) "Property damage"; or 

(3) "Bodily injury" and "property damage" combined 

as the result of any one "occurrence". 

If damages are claimed for care, loss of services, loss of support or death resulting at any time from 

"bodily injury", a separate deductible amount will be applied to each person making a claim for such 

damages. 

With respect to "property damage", person includes an organization. 

$

Coverage Amount And Basis Of Deductible

PER CLAIM PER OCCURRENCE PER ITEM

Bodily Injury Liability 

- OR - 

Property Damage Liability 

- OR - 

Bodily Injury Liability and 

Property Damage Liability Combined 

- OR - 

- OR - 

- OR - 

$ Not Applicable

$ $ - OR - $

$ $N

2,500

ot Applicable

NN1087682

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2. PER OCCURRENCE BASIS. If the deductible amount indicated in the Schedule is on a per "occurrence" 

basis, that deductible amount applies as follows: 

a. Under Bodily Injury Liability Coverage, to all damages because of "bodily injury"; 

b. Under Property Damage Liability Coverage, to all damages because of "property damage"; or 

c. Under Bodily Injury and Property Damage Liability Coverage Combined, to all damages because of: 

(1) "Bodily injury"; 

(2) "Property damage"; or 

(3) "Bodily injury" and "property damage" combined 

as the result of any one "occurrence", regardless of the number of persons or organizations who sustain 

damages because of that "occurrence". 

 3. PER ITEM BASIS. If the deductible amount indicated in the Schedule is on a per item basis, that 

deductible amount applies under Property Damage Liability Coverage, to each item damaged because of 

"property damage" sustained by one person or organization as the result of any one "occurrence". 

C. The deductible amount stated in the Schedule applies to loss, legal expense, and our "Allocated Loss 

Adjustment Expense" incurred, whether or not payment is made to the claimant, compromise settlement is 

reached or the claim is denied. 

D. The terms of this insurance, including those with respect to: 

1. Our right and duty to defend the insured against any "suits" seeking those damages; and 

2. Your duties in the event of an "occurrence", claim or "suit" 

apply irrespective of the application of the deductible amount. 

E. We may, at our sole election and option, either: 

1. Pay any part or all of the deductible amount to effect settlement of any claim or "suit" and upon 

notification of the action taken, you will promptly reimburse us for such part of the deductible amount as 

has been paid by us; or 

2. Upon our receipt of notice of any claim or at any time thereafter, request you to pay and deposit with us 

all or any part of the deductible amount, to be held and applied according to the terms of this policy. 

F. The following is added to the Definitions section: 

"Allocated Loss Adjustment Expense" will include all costs and expenses incurred by us in investigating and 

adjusting any loss, with the exception of salary and overhead. 

All other terms and conditions of this policy remain unchanged. 

Case 0:22-cv-62300-BB Document 1-6 Entered on FLSD Docket 12/08/2022 Page 78 of 80
S261 (07/09) Includes copyrighted material of Insurance Services Office, Inc., with its permission. 

COMMERCIAL GENERAL LIABILITY 

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. 

EXCLUSION - ASBESTOS 

This endorsement modifies insurance provided under the following: 

COMMERCIAL GENERAL LIABILITY COVERAGE PART 

A. The following is added to Paragraph 2. Exclusions of Section I - Coverage A - Bodily Injury And Property

Damage Liability, Coverage B - Personal And Advertising Injury Liability and Coverage C - Medical 

Payments: 

This insurance does not apply to: 

1. "Bodily injury", "property damage", "personal and advertising injury", medical payments or "reduction in 

value" related to the actual, alleged, or threatened presence of, or exposure to "asbestos" in any form, or 

to harmful substances emanating from "asbestos". This includes ingestion, inhalation, absorption, contact 

with, existence or presence of, or exposure to "asbestos". Such injury from or exposure to "asbestos"

also includes, but is not limited to: 

a. The existence, installation, storage, handling or transportation of "asbestos"; 

b. The removal, abatement or containment of "asbestos" from any structures, materials, goods, 

products, or manufacturing process; 

c. The disposal of "asbestos"; 

d. Any structures, manufacturing processes, or products containing "asbestos"; 

e. Any obligation to share damages with or repay someone else who must pay damages because of 

such injury or damage; or 

f. Any supervision, instructions, recommendations, warnings or advice given or which should have been 

given in connection with the above. 

2. Any loss, cost or expense, including, but not limited to payment for investigation or defense, fines,

penalties and other costs or expenses, arising out of any: 

a. Claim, "suit", demand, judgment, obligation, order, request, settlement, or requirement by or on behalf 

of any authority, governmental or otherwise, that any insured or any other person or entity test for, 

monitor, clean up, remove, contain, mitigate, treat, neutralize, remediate, or dispose of, or in any way 

respond to, or assess the actual or alleged effects of "asbestos"; or 

b. Claim, "suit", demand, judgment, obligation, request, or settlement due to any actual, alleged, or 

threatened injury or damage from "asbestos" or testing for, monitoring, cleaning up, removing, 

containing, mitigating, treating, neutralizing, remediating, or disposing of, or in any way responding to 

or assessing the actual or alleged effects of, "asbestos" by any insured or by any other person or 

entity; or 

c. Claim, "suit", demand, judgment, obligation, or request to investigate which would not have occurred,

in whole or in part, but for the actual or alleged presence of or exposure to "asbestos". 

This exclusion applies regardless of who manufactured, produced, installed, used, owned, sold, distributed, 

handled, stored or controlled the "asbestos". 

B. The following definitions are added to the Definitions section: 

1. "Asbestos" means any type or form of asbestos, asbestos fibers, asbestos products, or asbestos 

materials, including any products, goods, or materials containing asbestos or asbestos fibers, products or 

materials and any gases, vapors, scents or by-products produced or released by asbestos. 

2. "Reduction in value" means any claim, demand or "suit" that alleges diminution, impairment or 

devaluation of tangible property. 

All other terms and conditions of this policy remain unchanged. 

Case 0:22-cv-62300-BB Document 1-6 Entered on FLSD Docket 12/08/2022 Page 79 of 80
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COMMERCIAL GENERAL LIABILITY 

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. 

AMENDMENT OF LIQUOR LIABILITY EXCLUSION 

This endorsement modifies insurance provided under the following: 

COMMERCIAL GENERAL LIABILITY COVERAGE PART 

Exclusion c. Liquor Liability under Paragraph 2. Exclusions of Section I - Coverage A - Bodily Injury and 

Property Damage Liability is replaced by the following: 

This insurance does not apply to: 

c. Liquor Liability 

"Bodily injury" or "property damage" for which any insured may be held liable by reason of: 

(1) Causing or contributing to the intoxication of any person, including causing or contributing to the 

intoxication of any person because alcoholic beverages were permitted to be brought on your 

premises, for consumption on your premises; 

(2) The furnishing of alcoholic beverages to a person under the legal drinking age or under the influence 

of alcohol; or 

(3) Any statute, ordinance or regulation relating to the sale, gift, distribution or use of alcoholic 

beverages. 

This exclusion applies even if the claims against any insured or his indemnitee allege negligence or other 

wrongdoing in: 

(a) The supervision, hiring, employment, training or monitoring of others by that insured; or

(b) Providing or failing to provide transportation with respect to any person that may be under the 

influence of alcohol;

if the “occurrence” which caused the “bodily injury” or “property damage”, involved that which is described 

in Paragraph (1), (2) or (3) above. 

This exclusion applies only if you: 

(1) Are an owner or lessor of premises used for activities described in (2), (3), (4) or (5) below whether 

such activities are performed with or without your knowledge; 

(2) Manufacture, sell or distribute alcoholic beverages; 

(3) Serve or furnish alcoholic beverages for a charge where the activity: 

(a) Requires a license; and 

(b) Is for the purpose of financial gain or livelihood; 

(4) Serve or furnish alcoholic beverages without a charge, if a license is required for such activity; or 

(5) Permit any person to bring any alcoholic beverages on your premises, for consumption on your 

premises. 

All other terms and conditions remain unchanged. 

Case 0:22-cv-62300-BB Document 1-6 Entered on FLSD Docket 12/08/2022 Page 80 of 80