FIRST MERCURY INSURANCE POLICY 

2012 - 2013

Case 1:20-cv-00474-RP Document 15-2 Filed 09/02/21 Page 1 of 119
FIRST MERCURY INSURANCE COMPANY 

(A STOCK COMPANY) 

STATUTORY HOME OFFICE: ONE SOUTH WACKER DRIVE, SUITE 1350, CHICAGO, IL 60606 

ADMINISTRATIVE OFFICE: 26600 TELEGRAPH RD., SOUTHFIELD, Ml 48033 

GENERAL LIABILITY POLICY 

RENEWAL DECLARATIONS 

Serviced by: CoverX Specialty POLICY NUMBER NJ-CGL-0000009684-01 

RENEWAL OF: GLO211676 

I NAMED INSURED AND MAILING ADDRESS I I BROKER NAME AND ADDRESS 

~D~L~P~hi=ll~ip-s~C~o-n-st-r-uct~io-n~l-nc~(D~B~A~)-J~a~M~a-r =R-o-of~in-g-------~ Southwest Risk LP - Dallas 

PO Box 40159 

Austin, TX 78704 

POLICY PERIOD From: 4/21/2012 To: 4/21/2013 

8144 Walnut Hill Lane Suite 1010 

Dallas, TX 75231 

AT 12:01 AM. STANDARD TIME AT YOUR MAILING ADDRESS SHOWN ABOVE 

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

YOU TO PROVIDE THE INSURANCE AS STATED IN THIS POLICY 

LIMITS OF INSURANCE: Defense Costs are outside the limits of Liabilty 

Each Occurrence Limit: $1,000,000 

Personal & Advertising Injury Limit: $1,000,000 

Employee Benefits Liability: Excluded 

Employee Benefits Aggregate Limit: Excluded 

General Aggregate Limit: $2,000,000 Liquor Liability Limit: Excluded 

Products-Completed Operations Aggregate Limit: $2,000,000 Liquor Liability Aggregate: Excluded 

Damage To Premises Rented To You: $50,000 Designated Construction Projects 

Medical Payment Limit: Excluded General Aggregate Limit: $2,000,000 

RETAINED LIMIT: $5,000 

PREMIUM COMPUTATION: 

Deductible Per Occurrence, Including LAE 

Premium: $28,025 

Total Policy Aggregate Limit: 

Coverage for certified acts of terrorism has been rejected; exclusion attached. [2g 

(Per TRIA Disclosure Notice.) 

DEPOSIT PREMIUM: $28,025 

DESCRIPTION OF BUSINESS: Contrs-sub work-in connect w/cnstr,recnstr, repair or erection of bldg 

FORM OF BUSINESS: 

$5,000,000 

• INDIVIDUAL • JOINT VENTURE § PARTNERSHIP [5<J ORGANIZATION, INCLUDING A CORPORATION (BUT NOT 

LIMITED PARTNERSHIP INCLUDING A PARTNERSHIP, JOINT VENTURE OR LIMITED 

LIMITED LIABILITY COMPANY LIABILITY COMPANY) 

ENDORSEMENTS ATTACHED TO THIS POLICY: See Schedule FM IC-END - Schedule of Forms and Endorsements 

This insurance contract is with an insurer not licensed to transact insurance in this state and is issued 

and delivered as surplus line coverage pursuant to the Texas insurance statutes. The Texas Department 

of Insurance does not audit the finances or review the solvency of the surplus lines insurer providing this 

coverage, and this insurer is not a member of the property and casualty insurance guaranty association 

created under Chapter 462, Insurance Code. Chapter 225, Insurance Code, requires payment of a 4.85 

percent tax on gross premium. 

IMPORTANT! Please carefully examine your policy as it may contain significant coverage modifications or exclusions. 

If this policy is a renewal, it may not contain the same precise terms and conditions as the prior policy . 

. , Ii :·

1

··) t · ' 

t~v· fli,f....Y1P O;r{,...-,..... ~•.,, '! 7.·-··· 

Date: 5/15/2012 Authorized Representative: ,J 

THESE DECLARATIONS, TOGETHER WITH THE COMMON POLICY CONDITIONS AND COVERAGE FORM(S) 

AND ANY ENDORSEMENT(S), COMPLETE THE ABOVE NUMBERED POLICY. FMIC-GL-DS-0001 (12/10) 

Case 1:20-cv-00474-RP Document 15-2 Filed 09/02/21 Page 2 of 119
NAMED INSURED: 

CARRIER: 

POLICY NUMBER: 

EFFECTIVE DATE: 

PREMIUM: 

AGENCY FEE 

CARRIER FEE 

STATE TAX: 

STAMPING FEE: 

DRIVE OUT: 

Attachment A 

D L Phillips Construction, Inc. 

First Mercury Ins Co 

NJ-CGL-0000009684-01 

4/21/12 - 13 

$ 

$ 

$ 

$ 

$ 

$ 

28,025.00 

945.00 

1,405.05 

17.38 

30,392.43 

This insurance contract is with an insurer not licensed to transact insurance in 

his state and is issued and delivered as surplus line coverage under the Texas 

insurance statutes. The Texas Department of Insurance does not audit the 

inances or review the solvency of the surplus lines insurer providing this 

coverage, and the insurer is not a member of the property and casualty insurance 

guaranty association created under Article 21.28-C, Insurance Code. Section 12, 

Article 1.14-2, Insurance Code, requires payment of a 4.85 percent tax on gross 

premium. 

Case 1:20-cv-00474-RP Document 15-2 Filed 09/02/21 Page 3 of 119
Policy Number NJ-CGL-0000009684-01 

Location of Premises: 

Schedule of Locations on File with Company 

Classification and Premium: 

Exposure Basis 

Gross Sales 

FMIC-GL-DS-EXT (12/1 OJ 

EXTENSION OF DECLARATIONS 

Exposure Amount 

$2,500,000 

Rate 

$11.21 DO/Per 

$1,000 of Gross 

Sales 

Deposit Premium 

$28,025 

subject to $23,821 

minimum premium 

Page 1 of 1 

Case 1:20-cv-00474-RP Document 15-2 Filed 09/02/21 Page 4 of 119
Insured Ja Mar Roofing (OBA) 

Policy Number NJ-CGL-0000009684-01 

SCHEDULE OF FORMS AND ENDORSEMENTS 

(other than applicable forms shown elsewhere in the policy) 

Forms and Endorsements applying to and made part of this policy at the time of issuance: 

CG 00 01 (12/07) - COMMERCIAL GENERAL LIABILITY COVERAGE FORM 

IL 00 17 (11/98) - COMMON POLICY CONDITIONS 

FM IC LEGAL (10/2007) - SERVICE OF SU IT 

GU 207 (6/78) - ENDORSEMENT 

CG 20 10 (07/04) - ADDITIONAL INSURED OWNERS, LESSEES OR CONTRACTORS 

CG 20 37 (07/04) - Al - OWNERS, LESSEES OR CONTRACTORS COMPLETED OPERATIONS 

CG 21 35 (10/01) - EXCLUSION - COVERAGE C - MEDICAL PAYMENTS 

CG 21 47 (07/98) - EMPLOYMENT-RELATED PRACTICES EXCLUSION 

CG 21 49 (09/99) - TOTAL POLLUTION EXCLUSION ENDORSEMENT 

CG 21 54 (01/96) - EXCL DESG OP COVERED BY CONSOLIDATED WRAP UPS 

CG 21 67 (04/02) - FUNGI OR BACTERIA EXCLUSION 

CG 21 96 (03/05) - SILICA OR SILICA RELATED DUST EXCLUSION 

CG 22 70 (11/85) - REAL ESTATE PROPERTY MANAGED 

CG 22 79 (07/98) - EXCLUSION - CONTRACTORS PROFESSIONAL LIABILITY 

CG 23 01 (12/04) - EXCL - REAL ESTATE AGENTS OR BROKERS ERRORS & OM MISSIONS 

CG 24 04 (05/09) - WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS 

FMIC GL 2010 (11/11) - CROSS SUITS ENDORSEMENT 

FMIC GL 2011 (04/11) - CONTINUOUS OR PROGRESSIVE INJURY AND DAMAGE EXCL 

FMIC GL 2015 (10/11) - POLICY DEDUCTIBLE ENDORSEMENT 

FMIC GL 2017 (01/11) - DESIGNATED CONSTRUCT PROJECT GEN AGG LIMIT 

FMIC GL 2052 (10/10) - NAMED INSURED 

FMIC GL 2076 (04/11) - HAZARDOUS MATERIALS EXCLUSION 

FMIC GL 2088 (05/11) - EXCLUSION - PUNITIVE OR EXEMPLARY DAMAGES 

FMIC GL 2125 (07/11) - EXCLUSION - SPECIFIED STATE OPERATIONS EXCLUSION 

FMIC GL 2152 (07/11) - SUBSIDENCE EXCLUSION 

FMIC GL 2169 (07/11) - ROOFING OPERATIONS WARRANTIES 

FMIC GL 2172 (07/11) - EXCLUSION OF TERRORISM 

FMIC GL 2196 (09/11) - EXCLUSION - BLASTING AND USE OF EXPLOSIVES 

FMIC GL 2203 (01/12) - BASIS OF PREMIUM ENDORSEMENT 

FMIC GL 2215 (12/11) - EXCLUSION - PROD/COMP OPS EXTERIOR INSULATION 

IL 00 21 (04/98) - NUCLEAR ENERGY LIABILITY EXCLUSION ENDORSEMENT 

IL 09 85 (01/08) - DISCLOSURE PURSUANT TO TERRORISM RISK 

FMIC CLAIM NOTIFICATION (12/2006) 

Schedule FMIC-END (12/1 OJ Page 1 of 1 

Case 1:20-cv-00474-RP Document 15-2 Filed 09/02/21 Page 5 of 119
COMMERCIAL GENERAL LIABILITY 

CG 00 0112 07 

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. lnsu ring 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 "r:rnperty damage" to which this 

insurance does not apply. We may, at our 

discretion, irrvestigate 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 Ill - 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 

expicitly provided for under Supplementary 

Payments - Coverages A and B. 

b. This insurance appies 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 pol icy 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 "r:rnperty 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 bf any other means that 

"bodily injury" or "property damage" has 

occurred or has begun to occur. 

CG00011207 © ISO Properties, Inc., 2006 Page1of16 

Case 1:20-cv-00474-RP Document 15-2 Filed 09/02/21 Page 6 of 119
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'. 

2. Exclusions 

This insurance does not apply to: 

a. Expected Or Intended Injury 

"Bodily injury" or "proporty 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 ol)igated 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 attorney 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 partys defense has also been 

assumed in the same "insured contract"; 

and 

(b) Such attorney 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 "proporty 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 

porson 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 only if you are in the 

business of manufacturing, distributing, selling, 

serving or furnishing alcoholic beverages. 

d. Workers' Compensation And Similar Laws 

Any obligation of the insured under a workers' 

componsation, disability benefits or 

unemployment compensation law or any 

si mi lar I aw 

e. Employer's Liability 

"Bodily injury" to 

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

and in the course of: 

(a) Empoyment by the insured; or 

(b) Performing duties related to the conduct 

of the insureds business; or 

(2) The spouse, child, parent, t:rnther 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 appy to liability 

assumed by the insured under an "insured 

contract''. 

CG00011207 © ISO Properties, Inc, 2006 Page2 of 16 

Case 1:20-cv-00474-RP Document 15-2 Filed 09/02/21 Page 7 of 119
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 ti me 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 hea1 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 t:e held liable, if 

you are a contractor and the owner 

or lessee of such premises, site or 

location has been added to your 

pol icy as an additional insured with 

respect to your ongoing operations 

performed for that additional insured 

at that premises, site or location and 

such p-emises, 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 ti me 

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 t:e legally respcnsible; 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 

perforrring operations if the "pollutants" 

are brought on or to the premises, site 

or location in connection with such 

operatbns by such insured, contractor 

or subcontractor. However, this 

subparagraph does not apply to: 

(ij "Bodily injury" or "property damage" 

arisng out of the escape of fuels, 

luaicants or other operating fluids 

whch 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 

rele,se of the fuels, lubricants or 

othe- operating fluids, or if such 

fues, lurricants or other operating 

fluid; are brought on or to the 

premises, site or location with the 

intent that they t:e discharged, 

disr:ersed or released as part of the 

ope-ations t:eing performed by such 

insLied, contractor or subcontractor; 

(iij "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 t:eing 

performed by you or on your t:ehalf 

by a contractor or subcontractor; or 

(iiij "Bodily injury" or "property damage" 

arisng 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 

perforrring operations if the operations 

are to test for, monitor, clean up, 

removi; contain, treat, detoxify or 

neutralize, or in any way respond to, or 

assess the effects of, "pollutants". 

CG00011207 © ISO Properties, Inc., 2006 Page3 of 16 

Case 1:20-cv-00474-RP Document 15-2 Filed 09/02/21 Page 8 of 119
(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 "r:rnperty 

damage" that the insured would have in the 

absence of such reques 1 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 in the state 

where it is licensed or principally 

garaged; or 

(b) the operation of any of the machinery or 

equipment listed in Paragraph q2) or 

f.(3) of the definition of "moble 

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 

pa rt of those premises; 

(3) Property loaned to you; 

(4) Personal property in the care, custody or 

control of the insured; 

CG00011207 © ISO Properties, Inc., 2006 Page 4 of 16 

Case 1:20-cv-00474-RP Document 15-2 Filed 09/02/21 Page 9 of 119
(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 "r:rnperty 

damage" arises out of those operations; or 

(6) That particular part of arry 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 7 or fewer consecutive days. A 

separate limit of insurance applies to Damage 

To Premises Rented To You as described in 

Section Ill- 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 

I. 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 bf 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. 

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. Distribution Of Material In Violation Of 

Statutes 

"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; or 

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

amendment of or addition to such law; or 

(3) Any statute, ordinance or regulation, other 

than the TCPA or CAN-SPAM Act of 2003, 

that prohibits or limits the sending, 

transmitting, communicating or distribution 

of material or information. 

CG00011207 © ISO Properties, Inc., 2006 Page 5 of 16 

Case 1:20-cv-00474-RP Document 15-2 Filed 09/02/21 Page 10 of 119
Exclusions c. through n. c!J 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 Ill - Limits Of 

lnsurarce. 

COVERAGE B PERSONAL AND ADVERTISING 

INJURY LIABILITY 

1. lnsu ring Agreement 

a. We will pay those sums that the insured 

becomes legally ol) igated 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 

"parsonal 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 Ill - 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 "parsonal 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 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 of material whose 

first publication took pace 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 c!Jes not appy to 

liability for damages that the insured would 

have in the abserce of the contract or 

agreement. 

f. Breach Of Contract 

"Personal and advertising injury' arising out of 

a breach of contrac 1 except an implied 

contract to use anothers advertising idea in 

your "advertisement". 

g. Quality Or Pafonnance 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 

parformance rrade 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 

''advertise me rt''. 

i. Infringement Of Copyright, Patent, 

Trademark Or Trade Secret 

"Personal and advertising injury' arising out of 

the infringement of copyright, paten 1 

trademark, trade secret or other intellectual 

property rights. Under this exclusion, such 

other intellectual proparty rights do not include 

the use of another's advertising idea in your 

''advertisemert''. 

However, this exclusion does not apply to 

infringement, in your "advertisement", of 

copyright, trade dress or slogan. 

j. Insureds In 1\/ladia And Internet Type 

Businesses 

"Personal and advertising injury" committed by 

an insured wrose business is: 

(1) Advertising broadcasting, pul)ishing or 

telecasting; 

(2) Designing or determining content of websites for others; or 

CG00011207 © ISO Properties, Inc., 2006 Page 6 of 16 

Case 1:20-cv-00474-RP Document 15-2 Filed 09/02/21 Page 11 of 119
(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, oorders 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 Ch at rooms 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. 

I. 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, trea1 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 bf 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) lnsurrectim, rebellion, revolution, usurped 

power, or action taken by governmental 

authority in hindering or defending against 

any of these. 

p. Distribution a Material In Violation Of 

Statutes 

"Personal and advertising injury" arising 

directly or irdirectly out of any action or 

omission that violates or is alleged to violate: 

(1) The Telepione Consumer Protection Act 

(TCPA), including any amendment of or 

addition to such law; or 

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

amendment of or addition to such law; or 

(3) Any statute, ordinance or regulation, other 

than the TCPA or CAN-SPAM Act of 2003, 

that r:rnhibits or limits the sending, 

transmitting, communicating or distribution 

of material or information. 

COVERAGE C MEDICAL PAYMENTS 

1. Insuring Agreement 

a. We will pay medical expenses as described 

below for "oodly injury" caused by an accident: 

(1) On premises you own or rent; 

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

or 

(3) Because d your operations; 

provided Iha t: 

(a) The accident takes place in the 

"cover2ge territory" and during the policy 

period; 

(b) The expenses are incurred and reported 

to us within one year of the date of the 

accidert; and 

(c) The injured person submits to 

examiration, at our expense, by 

physicans of our choice as often as we 

reasorably require. 

b. We will make these payments regardless of 

fault. These payments will not exceed the 

applicable limit of insurance. We wi II pay 

reasonable expenses for: 

(1) First aid administered at the time of an 

accident; 

(2) Necessary medical, 

dental services, 

devices; and 

surgical, x-ray and 

including r:rnsthetic 

(3) Necessary ambulance, hospital, 

professional nursing and funeral services. 

CG00011207 © ISO Properties, Inc., 2006 Page 7 of 16 

Case 1:20-cv-00474-RP Document 15-2 Filed 09/02/21 Page 12 of 119
2. Exclusions 

We wil I 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 "b:Jdily 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 partici paling 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 

ANDB 

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 b:Jnds. 

c. The cost of bonds to release attachments, but 

only for b:Jnd amounts within the applicable 

limit of insurance. We do not have to furnish 

these bonds. 

d. All reasonable expenses i rcurred 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. R"ej udgment irterest 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. 

g. Al I 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 co LIi 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 i rsured 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, Iha: 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 ar:pears 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 wnting to 

(a) Cooperate with us in the investigation, 

settlemert 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 

CG00011207 © ISO Properties, Inc., 2006 Page 8 of 16 

Case 1:20-cv-00474-RP Document 15-2 Filed 09/02/21 Page 13 of 119
(b)Condu:t 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 wi II be 

paid as Supplementary Payments. 

Notwithstanding the provisions of Paragraph 

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

And R"operty 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 obi igation to defend an insured's indemnitee 

and to pay for attorneys' fees and n=cessary 

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 15 AN INSURED 

1. If you are designated in the Declarations as: 

a. An individual, you and your spouse are 

insureds, but only W[h 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 partn=rs, and 

their spouses are also insureds, but only with 

respect to the conduct of your business. 

c. A Ii mited 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 Ii mited liability company, you are an 

insured. Your "executive officers" and directors 

are insureds, but only with respect to their 

dU[ies as your officers or directors. Your 

stockholders are also insureds, but only with 

respect to their liability as stockholders. 

e. A trus 1 you are an insured. Your trustees are 

also insureds, but only with respect to their 

dU[ies as trustees. 

2. Each of the following is also an insured: 

a. Your "vol unteerworkers" only while performing 

duties related to the conduct of your business, 

or your "emplOfees", other than either your 

"executive officers" (if you are an organization 

other than a partnership, joint venture or limited 

liab lily company) or your managers (if you are 

a limited liabi lily 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, non= 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 Ii mited 

liability ocmpany), to a co-"employee" 

while in the course of his or her 

employrrent or performing dU[ies related 

to the conduct of your business, or to 

your other "volunteer workers" while 

performi rg dU[ies related to the conduct 

of your bLSiness; 

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

sister of that co-"employee" or 

'\/oluntee- 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 Paragraphs (1 )(a) 

or (b) abcve; or 

(d) Arising out of his or her providing or 

failing to provide r:rnfessional health 

care services. 

(2) "Property damage" to property 

(a) Own=d, occupied or used by, 

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

control o( 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 arry 

member (if you are a limited liability 

company). 

CG00011207 © ISO Properties, Inc., 2006 Page 9 of 16 

Case 1:20-cv-00474-RP Document 15-2 Filed 09/02/21 Page 14 of 119
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 eustacy of your property if you die, 

but only 

(1) With respoct 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 I iability 

company, and over which you maintain ownership 

or majority interest, will qualify as a Named 

Insured if there is no other similar insurance 

avail able to that organization. However: 

a. Coverage under this provision is afforded only 

until the 9oth 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 porson 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 Ill - 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. 

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. Sut:ject to Paragraph 2. above, the Personal and 

Advertising Injury Li mil 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. Sut:ject to Paragraph 2. or 3. above, whichever 

applies, the Each Ctcurrence 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. Sut:ject 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 

"proporty 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 oflhe owner. 

7. Sut:ject 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"sustaned by any one person. 

The Limits of lnsuranoe of this Coverage Part apply 

separately to each corsecutive annual period and to 

any remaining poriod d 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 Limls of Insurance. 

SECTION IV-COMMERCIAL GENERAL LIABILITY 

CONDITIONS 

1. Bankruptcy 

Bankruptcy or insdvency of the insured or of the 

insured's estate wi II not relieve us of our 

obligations under ths 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 

CG00011207 © ISO Properties, Inc, 2006 Page 10of 16 

Case 1:20-cv-00474-RP Document 15-2 Filed 09/02/21 Page 15 of 119
(3)Tre 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 attain records and other 

information; 

(3) Cooperate with us in the i rrvesti gation 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, excep: at that i nsured'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 

claimants legal representative. 

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 uni ess 

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"yourwork"; 

(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 

"proporty 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 Exel usion g. of Section I -

Coverage A - Bodily Injury And 

R"operty Damage Liability. 

(b) Any other primary insurance available to 

you covering liability for damages 

arising out of the premises or 

operations, or the p-oducts and 

completed oporations, for which you 

have been added as an additional 

insured by attachment of an 

endorsement. 

(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 

Ire insured against that 'suit". If 

no other insurer defends, we will 

undertake to do so, but we will be 

entitled to the ins ured's rights 

against all those other insurers. 

CG000112 07 © ISO Proporties, Inc., 2006 Page 11 of 16 

Case 1:20-cv-00474-RP Document 15-2 Filed 09/02/21 Page 16 of 119
(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 

descrired in this Excess Insurance 

provision and was not b:Jught 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 copes at such times 

as we may request 

6. Representations 

By accepting this p::,licy, you agree: 

a. The statements in the Declarations are 

accurate and complete; 

b. Those statements are based up::,n 

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 ncthing 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 delive- to the first Named Insured 

shown in the Dedarations written notice of the 

nonrenewal not less than 30 days before the 

expiration date. 

If notice is mailed, proof of mailing wil I re sufficient 

proof of notice. 

SECTION V- DEFINITIONS 

1. "Advertisement' means a notice that is broadcast 

or published to the general pul)ic or specific 

market segments about your goods, products or 

services for the purpose of attracting customers or 

supporters. For the purp::,ses 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 website that is at:out your goods, p-oducts 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 tratel on public roads, including 

any attached machinery or equipment; or 

b. Any other land vehicle that is subject to a 

compulsory or financial resp::,nsibility law or 

other motor vehicle insurance law in the state 

where it is licensed or principally garaged. 

However, "auto" does not include "mobile 

equipment". 

CG00011207 © ISO Properties, Inc., 2006 Page 12of 16 

Case 1:20-cv-00474-RP Document 15-2 Filed 09/02/21 Page 17 of 119
3. "B:Jdily 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. abcve; 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 

"Employee" does not 

worker''. 

a "leased worker". 

include a 'temporary 

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

the officer positions created by your charter, 

constitution, by-laws 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 incorpcrates "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. 

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 bf 

you with permssion of the owner is not an 

''insured contract''; 

b. A sidetrack agrEEment; 

c. Any easement a license agreement, except in 

connection with construction or demolition 

operations on orwithin 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 fa "bcdily injury' or "property 

damage" to a thrd person or organization. Tort 

liablity 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 rai I road property and 

affecting any railroad bridge or trestle, 

tracks, road-beds, tunnel, underpass or 

crossing; 

(2) That indemnifies an architec 1 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 orde-s, change orders or drawings 

and specifications; or 

(b) Giving drections 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 liablity for 

an injury or damage arising out of the 

insured's rfflderi ng or failure to render 

professional services, including those listed 

in (2) above and supervisory, inspection, 

architectural or engineering activities. 

CG00011207 © ISO Properties, Inc., 2006 Page 13of 16 

Case 1:20-cv-00474-RP Document 15-2 Filed 09/02/21 Page 18 of 119
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 condu:t 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 aircraf1 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. Bui ldozers, farm machinery, forklifts and other 

vehicles designed for use p-incipally off pubic 

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 equi p-nent 

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 

fol lowing types 

(1) Air compressors, pumps and generators, 

including spraying, welding, building 

cleaning, geophysical exploration, lighting 

and wel I 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. 

However, self-propelled vehicles with the 

following types of permanently attached 

equi p-nent are not "mobile equip-nent" but will 

be considered "autos": 

(1) Equipment designed primarily for 

(a) Snow removal; 

(b) Road mantenance, but not construction 

or resurfacing; or 

(c) Street cleaning; 

(2) Cherry picke-s and similar devices mounted 

on automoble or truck chassis and used to 

raise or lower workers; and 

(3) Air compressors, pumps and generators, 

including sp-aying, welding, building 

cleaning, gSJphysical exploration, lighting 

and well servicing equipment 

However, "mobile equipment" does not include 

any land vehicles trat are subject to a compulsory 

or financial responsibility law or other motor 

vehicle insurance law in the state 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 rarmful 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 ancther's advertising idea in your 

"advertisement"; or 

g. Infringing upon another's copyright, trade dress 

or slogan in yo LI "advertisement". 

CG00011207 © ISO Properties, Inc., 2006 Page 14of 16 

Case 1:20-cv-00474-RP Document 15-2 Filed 09/02/21 Page 19 of 119
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. ''R"oducts-competed operations hazard": 

a. Includes all "bodily injury'' and "r:rnperty 

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 t:e 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 "r:rnperty 

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. ''R"operty 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 tangil)e property that is not 

physically injurs:J. All such loss of use shall be 

deemed to occur at the ti me of the 

"occurrence" that caused it. 

For the purposes d this insurance, electronic data 

is not tangible property. 

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 contrdled equipment. 

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

t:ecause 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 tow hich 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 worke-" 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 r:erformed for you. 

21. 'Your product": 

a. Means: 

(1) Any goods or products, other than real 

property, manufactured, sold, handled, 

distributed or disposed of ty 

(a) You; 

(b) others trading under your name; or 

(c) A persm or organization whose 

business or assets you have acquired; 

and 

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

parts or equipment furnished in connection 

with such gmds or products. 

b. Includes: 

(1) Warranties or representations made at any 

time with respect to the fitness, quality, 

durability, r:erformance or use of "your 

product"; and 

CG00011207 © ISO Properties, Inc., 2006 Page 15of 16 

Case 1:20-cv-00474-RP Document 15-2 Filed 09/02/21 Page 20 of 119
(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 rnade at any 

tirne with respect to the fitness, quality, 

durability, performance or use of "your 

work", ard 

CG00011207 

(2) The providing of or failure to 

provide warnings or instructions. 

© ISO Properties, Inc, 2006 Page 16of 16 

Case 1:20-cv-00474-RP Document 15-2 Filed 09/02/21 Page 21 of 119
IL 001711 98 

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 

del~ering to us advance written notice of 

cancellation. 

2. We may cancel this policy by mailing or 

del~ering 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 I nsured'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 aud[ 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. G~e 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. Compfy with laws, regulations, codes or 

standards. 

3. Paragraphs 1. and 2. of this condition appy 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 responsil)e for the payment of all premiums; 

and 

2. Vv111 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 

wrnn 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. 

IL00171198 Copyright, Insurance Services Office, Inc., 1998 Page 1 of 1 • 

Case 1:20-cv-00474-RP Document 15-2 Filed 09/02/21 Page 22 of 119
SERVICE OF SUIT 

The Company agrees that in the event of its failure to pay any amount claimed to be due hereunder, the 

Company, at the request of the Insured, will submit to the jurisdiction of any court of competent jurisdictbn 

within the United States of America and will comply with all requirements necessary to give such Court 

jurisdiction, and all matters arising hereunder shall be determined in accordance with the law and practice of 

such Court. 

The Company hereby designates the Commissioner, Director or Superintendent of Insurance, or other officer 

specified by law for that purpose, or his successor or successors in office, or the person designated below, in 

the space indicated, as ~s true and lawful attorney upon whom may be served any lawful process in any 

action, su~ or proceeding instituted by or on behalf of the Insured arising out of this contract of insurance. It is 

further agreed that the Company shall abide by the final decision of any court having jurisdiction in which such 

action is filed, or by the decision of any appellate court in the event of an appeal. 

Upon receip: of process served hereunder, the Company hereby designates Marcia M. Paulsen, Vice 

President; 26600 Telegraph Rd. Southfield, Michigan 48033 as the person to whom the officer designated 

above is authorized to mail such process. 

In the alternative, process may be served upon the authorized agent of the Company whose name and 

address are: 

FMIC LEGAL (10/2007) 

FIRST MERCURY INSURANCE COMPANY 

26600 TELEGRAPH RD. 

SOUTHFIELD, MICHIGAN 48033 

Case 1:20-cv-00474-RP Document 15-2 Filed 09/02/21 Page 23 of 119
(The Attaching Clause need to be completed only when this endorsement is issued subsequent to preparation of the policy.) 

ENDORSEMENT # 1 

This endorsement, effective on 

Policy No. NJ-CGL-0000009684-01 

4/21/2012 

(DATE) 

of the 

Issued to_ D L Phillips Construction Inc (OBA) Ja Mar Roofing 

By CoverX Specialty 

at 12:01 AM. standard time, forms a part of 

First Mercury Insurance Company 

(NAME OF INSURANCE COMPANY) 

Authorized Representative 

THIS ENDORSEMENT CHANGES THE POLICY PLEASE READ IT CAREFULLY 

EARNED PREMIUM AND COMPOSITE RATE ENDORSEMENT 

This endorsement forms a part of the policy to which it is attached. 

In consideration of Crum & Forster's acceptance of this insurance, the Named Insured hereby agrees that the 

minimum earned premium(s) due for this policy shall be calculated in accordance with the following: 

1. In the event of cancellation of this policy by the Named Insured after this policy has been in effect 

for more than 90 days, the return premium due, if any, shall be computed at a rate equal to ninety percent 

(90%) of the pro-rata unearned policy premium, subject however, to final premium adjustment in accordance with 

our rules, rates and the Premium Audit provisions of this policy. Within the first 90 days of coverage under 

this insurance, a twenty-five percent (25%) absolute minimum earned premium is applicable, unless another 

higher premium is designated specifically as a minimum premium in the declarations. 

2. Failure by the Named Insured to remit premium payments when due shall be considered a request by the 

Named Insured for the Company to cancel this policy. Cancellation shall be computed in accordance with 

paragraph 1 above. 

3. In the event of cancellation of this policy by the Company for reasons other than nonpayment of 

premium, the earned premium for this policy shall be computed on a pro-rata basis, subject, however, to final 

premium adjustment in accordance with our rules, rates and the Premium Audit provisions of this policy. A 

GU 207 (Ed. 6-78) 

Processed Date: 05/15/2012 12:48:53 PM 

Page 1 of 2 

Print Date: 05/15/2012 01:13:41 PM 

Case 1:20-cv-00474-RP Document 15-2 Filed 09/02/21 Page 24 of 119
(The Attaching Clause need to be completed only when this endorsement is issued subsequent to preparation of the policy.) 

ENDORSEMENT # 1 

This endorsement, effective on 

Policy No. NJ-CGL-0000009684-01 

4/21/2012 

(DATE) 

of the 

Issued to_ D L Phillips Construction Inc (OBA) Ja Mar Roofing 

By CoverX Specialty 

at 12:01 AM. standard time, forms a part of 

First Mercury Insurance Company 

(NAME OF INSURANCE COMPANY) 

Authorized Representative 

twenty five percent (25%) absolute minimum earned premium shall apply. 

4. The premium entered on the Declarations page of this policy as DEPOSIT PREMIUM is a provisional premium 

only and is subject to upward adjustment only in accordance with our rules, rates and the Premium Audit 

provisions of this policy. This policy has a Minimum Annual Premium that applies to the term of insurance as 

shown on the policy declarations. Unless otherwise stated below, the Minimum annual Premium is equal to the 

Deposit Premium as shown in the declarations page. Premium adjustments effected as a result of premium audits 

will be done after the policy is no longer in effect, but may be done by the Company while the policy is in 

effect 

Minimum Annual Premium is 85% of the Deposit Premium as stated in the policy declarations. 

5. The amount entered as DEPOSIT PREMIUM on the Declarations page of this policy has been computed on a 

composite rate basis for both "bodily injury" and "property damage" as follows: 

Exposure Base 

If the Exposure Basis is Payroll, then the Composite Rate shall be applied per thousand dollars of Payroll. 

If the Exposure Basis is Gross Sales, then the Composite Rate shall be applied per thousand dollars of Gross 

Sales. If the exposure is Cost, then the composite rate shall be applied per thousand dollars of cost If the 

exposure is Units, then the composite rate shall be applied per unit 

GU 207 (Ed. 6-78) 

Processed Date: 05/15/2012 12:48:53 PM 

Page 2 of 2 

Print Date: 05/15/2012 01:13:41 PM 

Case 1:20-cv-00474-RP Document 15-2 Filed 09/02/21 Page 25 of 119
POLICY NUMBER• NJ-CGL-0000009684-01 COMMERCIAL GENERAL LIABILITY 

CG 20 10 07 04 

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. 

ADDITIONAL INSURED-OWNERS, LESSEES OR 

CONTRACTORS - SCHEDULED PERSON OR 

ORGANIZATION 

This endorsement modifies insurance provided under the following• 

COM MERCI AL GENERAL LIABILITY COVERAGE PART 

SCHEDULE 

Name Of Additional Insured Person(s) 

Or Organization(s): 

As Required By Written Contract 

Location(s) Of Covered Operations 

As required by written contract. 

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. 

B. Vv1th 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. 

CG 2010 0704 © ISO Properties, Inc., 2004 Page 1 of 1 

Case 1:20-cv-00474-RP Document 15-2 Filed 09/02/21 Page 26 of 119
POLICY NUMBERNJ-CGL-0000009684-01 COMMERCIAL GENERAL LIABILITY 

CG 20 37 07 04 

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. 

ADDITIONAL INSURED- OWNERS, LESSEES OR 

CONTRACTORS-COMPLETED OPERATIONS 

This endorsement modifies insurarce provided under the following: 

COMMERCIAL GENERAL LIABILITY COVERAGE PART 

SCHEDULE 

Name Of Additional lnsu red Person(s) 

Or Orqanization{sl: Location And Description Of Completed Operations 

~s Required By Written Contract As required by written contract. 

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

Section II -Who Is An Insured is amended to inclu:Je 

as an additional insured the person(s) or 

organization(s) shown in the Schedule, but only with 

respect to I iability 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". 

CG 20 37 07 04 © ISO Properties, Inc., 2004 Page 1 of 1 • 

Case 1:20-cv-00474-RP Document 15-2 Filed 09/02/21 Page 27 of 119
POLICY NUMBER: NJ-CGL-0000009684-01 COMMERCIAL GENERAL LIABILITY 

00 213510 01 

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. 

EXCLUSION - COVERAGE C - MEDICAL PAYMENTS 

This endorsement modifies insurance provided under thefollowng: 

COMMERCIAL GENERAL LIABILITY COVERAGE PART 

SCHEDULE 

Description And Location Of Premises Or Classification: 

All locations. 

(If no entry appears above, information required to complete this endorsement will be shown in the Declarations 

as applicable to this endorsement.) 

VI/Ith respect to any premises or classification shown 

in the Schedule: 

1. Section I - Coverage C - Medical Payments 

does not apply and none of the references to ~ 

in the Coverage Part apply: and 

2. The following is added to Section I -

Supplementary Payments: 

h. Expenses incurred by the insured for first 

aid administered to others at the time of an 

accident for "bodily injury" to which this 

insurance applies. 

CG21351001 © ISO Properties, Inc., 2000 Page 1 of 1 

Case 1:20-cv-00474-RP Document 15-2 Filed 09/02/21 Page 28 of 119
COMMERCIAL GENERAL LIABILITY 

CG 214707 98 

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. 

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 or discrimination 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 

employment-related practices described in 

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

This exclusion applies: 

(1) Whether the insured may be liable as an 

employer or in any other capacity; and 

(2) 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 or discrimination 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 insured may be liable as an 

employer or in any other capacity; and 

(2) To any obligation to share damages with or 

repay someone else who must pay damages because of the injury. 

CG 214707 98 Copyright, Insurance Services Office, Inc., 1997 Page 1 of 1 • 

Case 1:20-cv-00474-RP Document 15-2 Filed 09/02/21 Page 29 of 119
COMMERCIAL GENERAL LIABILITY 

CG 214909 99 

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. 

TOTAL POLLUTION EXCLUSION ENDORSEMENT 

This endorsement modifies insurance provided under the following: 

COMMERCIAL GENERAL LIABILITY COVERAGE PART 

Exclusion f. 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: 

f. Pollution 

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

would not have occurred in whole or 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 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". 

CG 214909 99 Copyright, Insurance Services Office, Inc., 1998 Page 1 of 1 • 

Case 1:20-cv-00474-RP Document 15-2 Filed 09/02/21 Page 30 of 119
POLICY NUMBER: NJ-CGL-0000009684-01 COMMERCIAL GENERAL LIABILITY 

CG 21 54 01 96 

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. 

EXCLUSION- DESIGNATED OPERATIONS COVERED BY 

A CONSOLIDATED (WRAP-UP) INSURANCE PROGRAM 

This endorsement modifies insurance provided under the following: 

COMMERCIAL GENERAL LIABILITY COVERAGE PART 

SCHEDULE 

Description and Location of Operation(s): 

All locations. 

(If no entry appears above, information required to complete this endorsement will be shown in the Dedarations 

as applicable to this endorsement.) 

The following exdusion is added to paragraph 2., 

Exdusions of COVERAGE A- BODILY INJURY AND 

PROPERTY DAMAGE LIABILITY (Sedion I -

Coverages): 

This insurance does not apply to "bodily injury" or 

"property damage" arising out of e~her your ongoing 

operations or operations included ~hin the 

"products-completed operations hazard" at the 

location described in the Schedule of this 

endorsement, as 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. 

CG 21540196 Copyright, Insurance Services Office, Inc., 1994 Page 1 of 1 

Case 1:20-cv-00474-RP Document 15-2 Filed 09/02/21 Page 31 of 119
COMMERCIAL GENERAL LIABILITY 

CG 2167 0402 

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. 

FUNGI OR BACTERIA EXCLUSION 

This endorsement modifies insurance provided underthe following: 

COMMERCIAL GENERAL LIABILl1Y COVERAGE PART 

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

Exclusions of Section I - Coverage A - Bodily 

lnjuryAnd PropertyDamageliability: 

2. Exclusions 

This insurance does not apply to: 

Fungi or Bacteria 

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

would not have occurred, in whole or in 

part, but for the actual, alleged or 

threatened inhalation of, ingestion of, 

contact with, exposure to, existence of, or 

presence of, any "fungi" or bacteria on or 

within a building or structure, including its 

contents, regardless of whether any other 

cause, event, material or product 

contributed concurrently or in any sequence 

to such injury or damage. 

b. Any loss, cost or expenses arising out of 

the abating, testing for, monitoring, cleaning 

up, removing, containing, treating, 

detoxifying, neutralizing, remediating or 

disposing of, or in anyway responding to, 

or assessing the el feels of, 'fungi" or 

bacteria, by any insured or by any other 

person or entity. 

This exclusion does not apply to any "fungi" or 

bacteria that are, are on, or are contained in, a 

good or product intended for consumption. 

B. The following exclusion is adde d to Paragraph 2., 

Exclusions of Section I - CoverageB -Personal 

And Advertising Injury Liability: 

2. Exclusions 

This insurance does not apply to: 

Fungi or Bacteria 

a. "Personal and advertising injury" which 

would not have taken place, in whole or in 

part, but for the actual, alleged or 

threatened inhalation of, ingestion of, 

contact with, exposure to, existence of, or 

presence of any 'fungi" or bacteria on or 

within a building or structure, including its 

contents, regardless of whether any other 

cause, event, material or product 

contributed concurrently or in any sequence 

to such injury. 

b. Any loss, cost or expense arising out of the 

abating, testing for, monitoring, cleaning up, 

removing, containing, treating, detoxif ying, 

neutralizing, remediating or disposing of, or 

in anyway responding to, or asses sing the 

effects of, "fungi"or bacteria, by any 

insured or by any other person or entity. 

C. The following definition is added to the Definitions 

Section: 

"Fungi" means any type or form of fungus, 

including mold or mildew and any mycotoxins, 

spores, scents or byproducts produced or 

released by fungi. 

CG21670402 © ISO Properties, Inc., 2001 Page 1 of 1 • 

Case 1:20-cv-00474-RP Document 15-2 Filed 09/02/21 Page 32 of 119
COMMERCIAL GENERAL LIABILITY 

CG 21 960305 

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. 

SILICA OR SILICA-RELATED DUST EXCLUSION 

This endorsement modifies insurarce 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 appy 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 

par1 out of the actual, alleged, threatened or 

suspected contact with, exposure to, 

existence of, or presence of, "silica" or 

"silica-related 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 ad:Jed 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 advertsing 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 

"silica-related 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, ds:oxifying, neutralizing, 

remediating or disposing of, or in any way 

responding to or asS=ssing 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 ether dust or particles. 

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

Case 1:20-cv-00474-RP Document 15-2 Filed 09/02/21 Page 33 of 119
COMMERCIAL GENERAL LIABILITY 

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. 

REAL ESTATE PROPERTY MANAGED 

This endorsement modifies insurance provided under the following: 

COMMERCIAL GENERAL LIABILITY COVERAGE PART 

This insurance does not apply to "property damage" to property you operate or manage or as to which you act as 

agent for the collection of rents or in any other supervisory capacity. 

With respect to your liability arising out of your management of property for which you are acting as real estate 

manager this insurance is excess over any other valid and collectible insurance available to you. 

CG22701185 Copyright, Insurance Services Office, Inc., 1984 Page 1 of 1 • 

Case 1:20-cv-00474-RP Document 15-2 Filed 09/02/21 Page 34 of 119
COMMERCIAL GENERAL LIABILITY 

CG 2279 07 98 

THIS ENOORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. 

EXCLUSION - CONTRACTORS - PROFESSIONAL 

LIABILITY 

This endorsement modifies insurance provided under the follavving: 

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 and Paragraph 

2., Exclusions of Section I -Coverage B - Personal 

And Advertising Injury Liability: 

1. This insurance does not apply to "b:Jdily injury", 

"property damage" or "personal and advertising 

injury" arising out of the rendering of or failure to 

render any professional services by you or on your 

behalf, but only with respect to either or both of the 

following operations: 

a. Providing engineering, arch[ectural or surveying 

services to others in your capacity as an 

engineer, architect or surveyor; and 

b. Providing, or hiring independent professionals to 

provide, engineering, architectural or surveying 

services in connection with construction work 

you perform. 

2. Subject to Paragraph 3. below, professional 

services include: 

a. Preparing, approving, or failing to prepare or 

approve, maps, shop drawings, opinions, 

reports, surveys, field orders, change orders, or 

drawings and specifications; and 

b. Supervisory or inspection activities performed 

as part of any related architectural or 

engineering activities. 

3. Professional services do not include services within 

construction means, methods, techniques, 

sequences and procedures employed by you in 

connection with your operations in your capacity as 

a construction contractor. 

CG 22 79 07 98 Copyright, Insurance Services Office, Inc., 1997 Page 1 of 1 • 

Case 1:20-cv-00474-RP Document 15-2 Filed 09/02/21 Page 35 of 119
COMMERCIAL GENERAL LIABILITY 

CG 23 0112 04 

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. 

EXCLUSION - REAL ESTATE AGENTS OR BROKERS 

ERRORS OR OMISSIONS 

This endorsement modifies insurance provided under the fol lowing: 

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 and Paragraph 

2. Exclusions of Section I - Coverage B - Personal 

And Advertising Injury Liability: 

This insurance does not apply to "bodily injury", 

"property damage" or "personal and advertising injury" 

arising out of any misrepresentation, error or omission 

by you or any real estate agent or broker who is either 

employed by you or performing work on your behalf in 

such capacity. 

CG 23 0112 04 © ISO Properties, Inc., 2003 Page 1 of 1 • 

Case 1:20-cv-00474-RP Document 15-2 Filed 09/02/21 Page 36 of 119
POLICY NUMBER NJ-CGL-0000009684-01 COMMERCIAL GENERAL LIABILITY 

CG 24 04 05 09 

WAIVER OF TRANSFER OF RIGHTS OF RECOVERY 

AGAINST OTHERS TO US 

This endorsement modifies insurance provided under the following: 

COMMERCIAL GENERAL LIABILITY COVERAGE PART 

PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART 

SCHEDULE 

Name Of Person Or Organization: 

As Required By Written Contract 

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

The following is added to Paragraph 8. Transfer Of 

Rights Of Recovery Against Others To Us of 

Section IV- Conditions: 

We waive any right of recovery we may have against 

the person or organization shown in the Schedule 

above because of payments we make for injury or 

damage arising out of your ongoing operations or 

"your work" done under a contract with that person 

or organization and included in the "productscompleted operations hazard". This waiver applies 

only to the person or organization shown in the 

Schedule above. 

CG 24 04 05 09 © Insurance Services Office, Inc., 2008 Page 1 of 1 • 

Case 1:20-cv-00474-RP Document 15-2 Filed 09/02/21 Page 37 of 119
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. 

CROSS SUITS ENDORSEMENT 

This endorsement modifies insurance provided under the following: 

COMMERCIAL GENERAL LIABILITY COVERAGE PART 

PRODUCTS/COMPLETED OPERATIONS COVERAGE PART 

SECTION I - COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY, 2. Exclusions and 

COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY, 2. Exclusions and SECTION I - COVERAGES 

PRODUCTS/COMPLETED OPERATIONS BODILY INJURY AND PROPERTY DAMAGE LIABILITY, 2. Exclusions are 

amended and the following is added: 

CROSS SUITS EXCLUSKlN 

This Policy does not apply to a claim, demand or "suit" for damages initiated, alleged, or caused to be brought aOOut by a 

Named Insured covered by this Policy against any other Named Insured. It is the intent of this exclusion to exclude from this 

insurance all claims, demands or "suits" as above described. 

This encbrsement forms a part of the Policy to which attached, effective on the inception da1e of the Policy unless otherwise 

stated herein. 

(The following information is required only when this endorsement is issued subsequent to preparation of the Policy.) 

Endorsement effective 

Named Insured 

FMIC-GL-2010(11/2011) 

Policy No. Endorsement No. 

Countersigned by _______________ _ 

(Authorized Representative) 

Case 1:20-cv-00474-RP Document 15-2 Filed 09/02/21 Page 38 of 119
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. 

CONTINUOUS OR PROGRESSIVE INJURY AND DAMAGE EXCLUSION 

This endorsement modifies insurance provided under the following: 

COMMERCIAL GENERAL LIABILITY COVERAGE PART 

PRODUCTS/COMPLETED OPERATIONS COVERAGE PART 

OWNERS AND CONTRACTORS PROTECTIVE COVERAGE PART 

It is agreed under Section I - COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY, 

1. Insuring Agreement, Paragraph b (3), c and dare deleted in their entirety and the following exclusion is added to Section I, 

2. Exclusions of this policy. 

This insurance does not apply to: 

1. Any damages arising out of or rela1ed to "bodily injury" or "pror:erty damage" whether such "bodily injury" or 

"property damage" is known or unknown, 

(a) which first occurred in whole or in part prior to the inception date of this policy (or the retroactive date of this 

policy, if any; whichever is earlier); or 

(b) which are, or are alleged to t:e, in the process of occurring as of the inception date of the policy (or the retroactive 

date of this policy, if any; whichever is earlier) even if the "bodily injury," or "pror:erty damage" continues during 

this policy period; or 

(c) which were caused, or are alleged to have been caused, by the same condition(s) or defective construction which 

first existed prior to the inception date of this policy. 

2. Any damages arising out of or related to "bodily injury" or "property damage" whether known or unknown, which are 

in the process of adjustment, settlement, or "suit" as of the inception date of this policy (or the retroactive date of 

this policy, if any; whichever is earlier) 

We shall have no duty to defend any insured against any loss, claim, "suit," or other proceeding alleging damages arising out of 

or related to "OOdily injury" or "property damage" to which this endorsement applies. 

ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. 

This encbrsement forms a part of the Policy to which attached, effective on the inception da1e of the Policy unless otherwise 

stated herein. 

(The following information is required only when this endorsement is issued subsequent to preparation of the Policy.) 

Endorsement effective 

Named Insured 

FMIC-GL-2011(04/2011) 

Policy No. Endorsement No. 

Countersigned by ________________ _ 

Case 1:20-cv-00474-RP Document 15-2 Filed 09/02/21 Page 39 of 119
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. 

POLICY DEDUCTIBLE ENDORSEMENT 

This endorsement modifies insurance provided under the following: 

COMMERCIAL GENERAL LIABILITY COVERAGE PART 

SCHEDULE 

AMOUNT AND BASIS OF DEDUCTIBLE 

COVERAGE A 

BODILY INJURY LIABILITY 

OR 

PROPERTY DAMAGE LIABILITY 

OR 

BODILIY INJURY LIABILITY AND/OR 

PROPERTY DAMAGE LIABILITY COMBINED 

COVERAGE B 

PERSONAL AND ADVERTISING INJURY LIABILITY 

PER CLAIM 

$ 

$ 

$ 

PER INJURY 

$5,000 

PER OCCURRENCE 

$ 

$ 

$5,000 

A. Our obligation under the Bodily Injury Liability, Property Damage Liability, Personal and Advertising Injury Liability 

Coverages to pay damages and Supplementary Payments on your t:ehalf apf)ies only to the amount of damages and 

Supplementary Payments in excess of any deductible amounts stated in the Schedule above as applicable to such 

coverages 

B. Your rx,licy may have a deductible amount on either a per claim, a per "occurrence" or a per injury basis. Your deductible 

apf)ies to the coverage option and to the basis of the deductible indicated by the placement of the deductible amount in the 

Schedule above. The deductible amount stated in the Schedule above ar:plies as follows: 

1. PER CLAIM BASIS. If the deductible amount indicated in the Schedule aOOve is on a per claim basis, that dedu:tible 

apf)ies 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 "pror:erty 

damage"; 

c. Under Bodily Injury Liability and/or 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; or 

d. Under Supplementary Payments-Coverages A and B, to all amounts we pay in the defense and investigation of 

any claim or "suif' to which this insurance applies 

as the result of any one "occurrence." 

If damages are claimed for care, loss of services 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. 

FM IC-GL-2015(10/2011) Page 1 of 2 

Case 1:20-cv-00474-RP Document 15-2 Filed 09/02/21 Page 40 of 119
2. PER OCCURRENCE BASIS. If the deductible amount indicated in the Schedule above 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"; 

c. Under Bodily Injury Liability and/or Property Damage Liability Coverage Combined, to all damages because of: 

(1) "Bodily injury"; 

(2) "Property damage"; or 

(3) "Bodily injury" and"property damage" combined; or 

d. Under Supplementary Payments-Coverages A and B, to all amounts we pay in the defense and investigation of 

any claim or "suit" to which this insurance applies 

as the result of any one "occurrence," regardless of the number of persons or organizations who sustain damages 

because of that "occurrence." 

3. PER INJURY BASIS. If the deductible amount indicated in the Schedule above is on a per injury basis. the deductible 

amount applies as follows: 

a. Under the Personal and advertising Injury Liability Coverage to all damages because of "personal and advertising 

injury" sustained by any one person or organization as a result of any one injury. 

b. Under Supplementary Payments-Coverages A and B, to all amounts we pay in the defense and investigation of 

any claim or "suit" to which this insurance applies. 

C. The terms of this insurance, including those with resr:ect 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 irresr:ective of the application of the deductible amount. 

D. We, at our sole election and option, may either: 

1. Pay any part of or all of the deductible amount to effect settlement of any claim or "suit" or payment of Supplementary 

Paymen1s. Upon notification of the action taken, you shall promptly reimburse us for such part of the deductible amount 

as has been paid by us; or 

2. Simultaneously upon receipt of notice of any claim or "suit," or at any time thereaf1er, request you pay or derx,sit with 

us all or any part of the deductible amount, to be held and applied by us as herein provided. 

E. The deductible may not be satisfied by payments made by any additional insured, any other insurance, or any other insurer, 

unless such payments are made under a policy written specifically to cover the deductible obligations under this policy. 

ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. 

This endorsement forms a part of the rx,licy to which attached, effective on the inception date of the policy unless otherwise 

stated herein. 

(The following information is required only when this endorsement is issued subsequent to preparation of the policy.) 

Endorsement effective 

Named Insured 

FM IC-GL-2015( 10/2011) 

Policy No. Endorsement No. 

Countersigned by ___________________ _ 

Page 2 of 2 

Case 1:20-cv-00474-RP Document 15-2 Filed 09/02/21 Page 41 of 119
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. 

DESIGNATED CONSTRUCTION PROJECT(S) 

GENERAL AGGREGATE LIMIT SUBJECT TO A 

TOTAL POLICY AGGREGATE LIMIT 

This endorsement modifies insurance provided under the following: 

COMMERCIAL GENERAL LIABILITY COVERAGE PART 

PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART 

SCHEDULE 

Designated Construction Projects: 

All projects where required by written contract 

(If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable 

to this endorsement.) 

A. For all sums which the insured becomes legally obligated to pay as damages caused by "occurrences" under 

COVERAGE A (SECTION I), which can be attributed only to ongoing operations at a single designated construction 

project shown in the Schedule above: 

1. A separate Designated Construction Project General Aggregate Limit applies to each designated construction project, 

and that limit is equal to the amount shown in the Declarations of this policy. 

2. Subject to the Total Policy Aggregate Limit, the Designated 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," regardless of the number of: 

a. lnsured's; 

b. Claims made or "suits" brought; or 

c. Persons or organizations making claims or bringing "suits." 

FMIC-GL-2017 (01/2011) Page 1 of 2 

Case 1:20-cv-00474-RP Document 15-2 Filed 09/02/21 Page 42 of 119
3.Any payments made under COVERAGE A for damages shall reduce the Designated Construction Project General 

Aggregate Limit for that designated construction project. Subject to the Policy Aggregate Limit, such payments shall 

not reduce the General Aggregate Limit shown in the Declarations nor shall they reduce any other Desig:,ated 

Construction Project General Aggregate Limit for any other designated construction project shown in the Schedule 

above. 

4. The limits shown in the Declarations for Each Occurrence 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 Designated 

Construction Project General Aggregate Limit and the Total Policy Aggregate Limit. 

B. For all sums which the insured becomes legally obligated to pay as damages caused by "occurrences" under COVERAGE 

A (SECTION I), which can rot be attributed only to ongoing operations at a single designated construction project shown in 

the Schedule aOOve: 

1. Any payments made under COVERAGE A for damages shall reduce the amount available under the General 

Aggregate Limit or the Products-Completed Operations Aggregate Limi~ whichever is applicable; and 

2. Such payments shall not reduce any Designated Construction Project General Aggregate Limit. 

3. Such payments will reduce the Policy Aggregate Limit. 

C. When coverage for liability arising out of the "products-completed operations hazard" is provided, any payments for 

damages because of "OOdily injury" or "property damage" included in the products-completed operations hazard will reduce 

the Products-Completed Operations Aggregate Limit, and not reduce the General Aggregate Limit, the Designated 

Construction Project General Aggregate Limit nor the Total Policy Aggregate Limit. 

D. If the apf)icable designated construction project has been abandoned, delayed, or abandoned and then restarted, or if the 

authorized contracting parties deviate from plans, blueprints, designs, sr:ecifications or timetables, the project will still be 

deemed to be the same construction project. 

E. The Total Policy Aggregate Limit scheduled in the Declarations of this policy is the most we will pay for the sum of: (a) all 

damages covered under this policy and falling within the scheduled Designated Construction Project General Aggregate 

Limits descrit:ed in Paragraph A. of this endorsement; and, (b) all damages covered under this policy and falling within the 

General Aggregate Limit, as described in Paragraph B. of this endorsement and as set forth in the provisions of Limits of 

Insurance (SECTION Ill) not otherwise modeled by this endorsement. The Total Policy Aggregate Limit applies regardless 

of the sums indicated in the Declarations for any General Aggregate Limit, or Designated Construction Project General 

Aggregate Limit, as applicable to all construction projects set forth in the Schedule above. The Total Policy Aggregate 

Limit applies collectively, rather than separately, to all of your scheduled construction projects. The Total Policy Aggregate 

Limit is not reduced by payments for damages covered under this policy and falling within the "products-completed 

operations hazard," but such payments will reduce the Products-Completed Operations Aggregate Limit, as described in 

Paragraph C. of this endorsement. 

F. The provisions of Limits Of Insurance (SECTION Ill) not otherwise modified by this endorsement shall continue to apply as 

stipulated. 

ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. 

This endorsement forms a part of the Policy to which attached, effective on the inception date of the Policy unless 

otherwise stated herein. 

(The following information is required only when this endorsement is issued subsequent to preparation of the Policy.) 

Endorsement effective Policy No. Endorsement No. 

Named Insured 

Countersigned by ___________________ _ 

FMIC-GL-2017 (01/2011) Page 2 of 2 

Case 1:20-cv-00474-RP Document 15-2 Filed 09/02/21 Page 43 of 119
Tl-i IS ENDORSEMENT CHANGES Tl-i E POLICY PLEASE READ IT CAREFULLY 

NAMED INSURED 

This endorsement modifies insurance provided under the follovvi ng: 

COMMERCIAL GENERAL LIABILITY COVERAGE PART 

Item 1. Named Insured is hereby amended on the Policy Declarations Page to include the folla,ving: 

D L Phillips Construction, Inc. dba 

Ja-Mar Roofing, Ja-Mar Exteriors, Ja-Mar Roofing & Sheet Metal, Ja-Mar Solar 

ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. 

This endorsement forms a part of the Policy to which attached, effective on the inception date of the Policy unless otherwise 

stated herein. 

(The following information is required only when this endorsement is issued subsequent to preparation of the Policy.) 

Endorsement effective 

Named Insured 

FMIC-GL-2052(10/201 OJ 

Policy No. Endorsement No. 

Countersigned by __________________ _ 

Case 1:20-cv-00474-RP Document 15-2 Filed 09/02/21 Page 44 of 119
TH IS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. 

HAZARDOUS MATERIALS EXCLUSION 

This endorsement modifies insurance provided under the following: 

COMMERCIAL GENERAL LIABILITY COVERAGE PART 

PRODUCTS/COMPLETED OPERATIONS COVERAGE PART 

OWNERS AND CONTRACTORS PROTECTIVE COVERAGE PART 

A. SECTION I - COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY, 

2. Exclusions, and SECTION I - COVERAGES, COVERAGE B PERSONAL AND ADVERTISING INJURY 

LIABILITY, 2. Exclusions, and SECTION I - COVERAGES, PRODUCTS/COMPLETED OPERATIONS 

BODILY INJURY AND PROPERTY DAMAGE LIABILITY, 2. Exclusions, and SECTION I - COVERAGES 

BODILY INJURY AND PROPERTY DAMAGE LIABILITY are amended and Ire following Exclusion is added: 

Hazardous Materials 

(1) "Bodily injury," "property damage" or "personal and advertising injury" which would not have occurred in 

whole or part but for the actual, alleged or threatened discharge, ingestion, inhalation, dispersal, seepage, 

migration, release or escape of "hazardous materials" 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 "hazardous materials"; 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 "hazardous materials." 

(3) Any obligations to share damages with or indemnify another party whom must pay damages because of 

injury or damage relating to" hazardous materials." 

(4) Any supervision, instru:tions, recommendations, warnings or advice given or which should have been given 

in connection with paragraphs(1), (2), or(3)above. 

This exclusion applies whether or not such "hazardous material(s)" has any function in your business, 

operations, premises, site or location. 

B. SECTION V-DEFINITIONS is amended and the following added: 

"Hazardous materials" means "pollutants," toxic substances, lead, asbestos, silica and materials containing 

them. 

ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. 

This endorsement forms a part of the Policy to which attached, effective on the inception date of the Policy unless 

otherwise stated herein. 

(The following information is required only when this endorsement is issued subsequent to preparation of the Policy.) 

Endorsement effective 

Named Insured 

FM IC-GL-2076(04/2011) 

Policy No. Endorsement No. 

Countersigned by ___________________ _ 

Case 1:20-cv-00474-RP Document 15-2 Filed 09/02/21 Page 45 of 119
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 

PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART 

OWNERS AND CONTRACTORS PROTECTIVE COVERAGE PART 

This insurance does not apply to any claim for punitive or exemplary damages, fines or penalties imposed by law, restitution or 

any damages which are a multiple of, or in addition to, compensatory damages including related interest or costs whether or not 

such damages, related interest or costs are characterized as punitive or exemplary damages (hereinafter referred to as punitive 

or exempary damages). If a "suit" shall have been brought against the insured for a claim falling within the coverage provided 

under the policy, seeking both compensatory and punitive or exemplary damages, then the company will afford a defense to 

such action; however, the company shall not have an obligation to pay for any costs, interest, or damages attributable to p . .rnitive 

or exemplary damages. 

ALL 0TH ER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. 

This endorsement forms a part of the Policy to which attached, effective on the inception date of the Policy unless otherwise 

stated herein. 

(The following information is required only when this endorsement is issued subsequent to preparation of the Policy.) 

Endorsement effective Policy No. Endorsement No. 

Named Insured 

Countersigned by ____________________ _ 

FM IC-GL-2088(05/2011) 

Case 1:20-cv-00474-RP Document 15-2 Filed 09/02/21 Page 46 of 119
THIS ENDORSEMENT CHANGES THE POLI CY PLEASE READ IT CARE FU LL Y 

EXCLUSION -SPECIFIED STATE OPERATIONS EXCLUSION 

This endorsement modifies insurance provided under the foll ONing: 

COMMERCIAL GENERAL LIABILITY COVERAGE PART 

PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART 

OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART 

SECTION I - COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY, 2. Exclusions, and 

SECTION I - COVERAGES, PRODUCTS/COMPLETED OPERATIONS BODILY INJURY AND PROPERTY DAMAGE 

LIABILITY, 2. Exclusions, and SECTION I - COVERAGES, BODILY INJURY AND PROPERTY DAMAGE LIABILITY, 

2. Exel usions are amended and the following Exclusion 5 added: 

This pol Cy does not apply to "bodily injury," "property damage" or arising out of "your work" or out of any insured's VvOrk, 

operations or contractual obligations in the following states: 

Alaska, Arizona, California, 

Colorado, Hawaii, Nevada, New 

York, Oregon, 

South Carolina, Washington 

This exclusion applies regard less of whether such work or operations are conducted by the insured or on behalf of the insured 

or whether the operations are conducted for the insured or for others. This exclusion applies to all work and cperations whether 

c011pleted or in progress. 

ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. 

This endorsement forms a part of the Policy to which attached, effective on the irception date of the Pd icy unless otherwise 

stated here in. 

(The follovvi ng information is required only when this endorsement is issued subsequent to preparation of the Policy.) 

Endorsement effective 

Named Insured 

FMIC-GL-2125(07/2011) 

Policy No. Endorsement No. 

Countersigned by __________________ _ 

Case 1:20-cv-00474-RP Document 15-2 Filed 09/02/21 Page 47 of 119
THIS ENDORSEMENT CHANGES THE POLICY PLEASE READ IT CAREFULLY 

SUBSIDENCE EXCLUSION 

This endorsement modifies insurance provided under the foll ONing: 

COMMERCIAL GENERAL LIABILITY COVERAGE PART 

PRODUCTS/COMPLETED OPERATIONS COVERAGE PART 

OWNERS AND CONTRACTORS PROTECTIVE COVERAGE PART 

SECTION I - COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY, 2. Exclusions and 

COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY, 2. Exclusions and SECTION I - COVERAGES 

PRODUCTS/COMPLETED OPERATIONS BODILY INJURY AND PROPERTY DAMAGE LIABILITY, 2. Exclusions and 

SECTION I - COVERAGES BODILY INJURY AND PROPERTY DAMAGE LIABILITY, 2. Exclusions are amended and the 

follo1⁄4ing is added: 

This insu ranee does not apply to: 

"Bodily injury'' or "property damage" directly or indirectly arising out of caused by, resulting from, contributed to, aggravated by 01 

related to the subsidence, settling, settlement, expansion, sinking, slipping, falling away, tilting, caving in, shifting eroding, rising 

heaving, landslide, flood or mud flow, earthquake, volca ni:: eruption or other tectoni:: processes or any other movemen~ of lane 

or earth, hov,,ever caused, and whether by natural, manmade, a::cid ental or artifr:ial means. This exclusion app ies regardless o· 

any other cause or event th at contributes concurrently or in any sequence to the "bodily injury'' or "property damage." 

We shall have no duty or ob ligation on our part under th is insurance to defend, respond to, investigate or indemnify any insured 

against any loss, claim, "suit," or other proceeding alleging danages arising out of or related to "bodily injury" or "property 

damage" to which this endorsement applies. 

This exclusion also applies to any obligation to, share damages with, repay or indemnify someone else who must pay damages 

because of su::h "bodily injury" or "property damage." 

ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. 

This endorsement forms a part of the Policy to which attached, effective on the irception date of the Pd icy unless otherwise 

stated here in. 

(The fo llovvi ng information is required only when this endorsement is issued subsequent to preparation of the Policy.) 

Endorsement effective 

Named Insured 

FMIC-GL-2152(07/2011) 

Policy No. Endorsement No. 

Countersigned by 

Case 1:20-cv-00474-RP Document 15-2 Filed 09/02/21 Page 48 of 119
THIS ENDORSEMENT CHANGES THE POLICY PLEASE READ IT CAREFULLY 

ROOFING OPERATIONS WARRANTIES 

This endorsement modifies insurance provided under the foll ONing: 

COMMERCIAL GENERAL LIABILITY COVERAGE PART 

It is understood and agreed that such Insurance as provided by this policy is modified and subject to the follONing provisions: 

It is a condition precedent to liability and coverage under this policy \A/hen performing roofing operations work that the insured, 

additional insured or subcontractor comply with all roofing operations procedures, prd:ective safeguards, conditions and 

warranties as i ndi::ated in th is en cbrsement 

1. You have taken "appropriate" steps to determine any approaching adverse weather in advance of any job or work 

commencing. 

2. You have taken "appropriate" steps to provide a temporary waterproof covering for an "open roof" able to withstand the 

normal elements. 

3. The cover must be put in place if the "open roof" and job-site is to be left unattended for more then four hours. 

4. You must condu::t a diligent inspection of any hot tar or heat application work immediately preceding your departure 

from the premises. You are further required to "document'' the inspection. 

5. The insured will remain at the job-site of any hot tar or heat application job-site for a period of not less than one hour 

after the hot tar or heat application precess has been canp leted. You are further required to "document'' the timeline. 

6. The insured vvill have at hand a functional fully charged 15 lb. or larger dry chemical fire extinguisher when hot tar or 

other heat appicat ion processes are being used. 

The foll o\Mng additional definitions as used in th is endorsement apply: 

Open Roof- The term "open roof" as used herein shall include any roof or section of roof thereof where shingles, tar, 

felt paper or any other protective covering has been removed, thereby leaving exposed any supporting structure, 

decking, wood she II, building interior or contents of any bu ii ding to the elements. 

Appropriate - The term "appropriate" as used herein means actions customarily and normally taker\fused by roofing 

contractors in the same field to protect or prevent damage under similar circumstances. 

Document - The term "document'' as used herein means the insured or others working on your behalf will have a 

designated employee complete a signed and dated written report for each job site of each inspection shONing the time 

of the comp etion of work and the time of any required and completed inspections. 

The failure to fulfill the conditions precedent to liability and coverage under this policy as stated will render coverage under this 

policy null and void, at the sole option of the company. However, these warranties and policy conditioos do not apply to 

"property damage" included within the "products-competed operations hazard." 

ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. 

This endorsement forms a part of the Pd icy to which attached, effective on the inception date of the Policy unless otherwise 

stated here in. 

(The fo llovvi ng information is required only when this endorsement is issued subsequent to preparation of the Policy.) 

Endorsement effective 

Named Insured 

FMIC-GL-2169 (07/2011) 

Policy No. Endorsement No. 

Countersigned by ___________________ _ 

Case 1:20-cv-00474-RP Document 15-2 Filed 09/02/21 Page 49 of 119
THIS ENDORSEMENT CHANGES THE POLICY PLEASE READ IT CAREFULLY 

EXCLUSION OF TERRORISM 

Notwithstatldi ng anything to the contrary contained in the policy or any endorsement attached thereto, it is agreed that this 

insurance does not ar:ply to "any injury or damage" caused directly by or as a consequence of a "certified act of terrorism" or 

"other act of terrorism," including any action not othervvise excluded under the War and Military Action exclusion that is taken 

by a government or severe ign pov,,e r (de jure or de facto) in controlling, preventing, sur:pressi ng, retaliating against or in any 

way responding to a "certified act of terrorism" or "other act of terrorism." Such injury or damage is excluded regardless of 

any other cause or event that contributes cona..mently or in any sequence to the loss, even if the act of a "certified act of 

terrorism" or "other act of terrorism," that causes or results in the loss or damage itself is itself a cause of loss that is 

othel"\Mse insured against under this pdicy. 

If, by reason of this exclusion, we allege that any loss or damage under this policy is not covered, the burden of proving that 

such loss or damage is cove red shall be upon you. 

The foll o1⁄4ing 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 encbrsement is applica~e, and includes b.Jt is not limited to "bodily injury," "property 

damage," "personal and advertising injury," 'l njury," "environmental danag e" or ''errors or omissions" as may be defined 

in any applica~e Coverage Part 

2. "Certified act of terrorism" means an act that is certified by the Secretary of the Treasury, in concurrence \Mth the 

Secretary of State and the Attorney General of the United States, to be an act of terrorism pursuant to the federal 

Terrorism Risk Insurance kt. The criteria contained in the Terrorism Risk Insurance Act fcr a "certified act of terrorism" 

include the follo1⁄4i ng: 

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 Ac~ 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. 

3. "Other act of terrorism" means any violent act that is dangerous or destructive to human life, property or infrastructure, 

whether actual or threatened, and Vv'h ether committed by one or more persons acting a looe or in connection with any 

group or organization. The act must not be certified as a "certified act of terrorism" pursuant to the federal Terre rism 

Risk lnsuran::e Act and the act must contain one or more of the follovvi ng criteria: 

a. The act is intended to influence, coerce or protest against the a::tions, behavior or policies of any government or 

sovereign power (de jure or de facto) or any segment of the government or sovereign; or 

b. To further any political, ideological, econ011ic, religious or social aim, objective or cause; or 

c. To disrupt any segment of the global econcrny or the econcrny of any country or political state. 

It is the intent of this endorsement to exclude from this insurance all daims, demands or "suits" arising from the insurable 

coverage excluded under th is endorsement There shall, therefore, be no duty or obligatioo on our part under this insurance to 

defend, respond to, investigate or indemnify anyone, including but not limited to you, your agents, servants or employees, or any 

third parties for any such claim, demand or suit. 

ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. 

This endorsement forms a part of the Pd icy to which attached, effective on the inception date of the Policy unless otherwise 

stated here in. 

(The fo llovvi ng information is required only when this endorsement is issued subsequent to preparation of the Policy.) 

Endorsement effective 

Named Insured 

FMIC-GL-2172 (07/2011) 

Policy No. Endorsement No. 

Countersigned by ___________________ _ 

Case 1:20-cv-00474-RP Document 15-2 Filed 09/02/21 Page 50 of 119
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. 

EXCLUSION - BLASTING AND USE OF EXPLOSIVES 

This encbrsement modifies insurance provided under the following: 

COMMERCIAL GENERAL LIABILITY COVERAGE PART 

SECTION I - COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY, 2. Exclusions and 

COVERAGE B PERSONAL AND ADVERTSING INJURY LIABILITY, 2. Exclusions are amended and the following added: 

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

resulting from, or in any way related to blasting activities or use of explosives. The use of explosives includes the making, 

handling, storage, or transportation of exposives. 

It is the intent of this endorsement to exclude from this insurance all claims, demands or suits and there shall be no duty or 

obligation on our part under this insurance to defend, respond to, investigate, or indemnify anyone, including but not limited to 

you, your agents, servants, or employees, or any third parties for any such claim, demand or suit that arises out of any blasting 

activities or use of explosives. 

ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. 

This endorsement forms a part of the Policy to which attached, effective on the inception date of the Policy unless otherwise 

stated herein. 

(The fol lowing information is required only when this endorsement is issued subsequent 1D preparation of the Policy.) 

Endorsement effective Policy No. Endorsement No. 

Naned Insured 

Oiuntersigned by ________________ _ 

RVIIC-G..-2196(CB/2011) 

Case 1:20-cv-00474-RP Document 15-2 Filed 09/02/21 Page 51 of 119
TH IS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. 

BASIS OF PREMIUM ENDORSEMENT 

This encbrsement modifies insurance provided under the following: 

COMMERCIAL GENERAL LIABILITY COVERAGE PART 

It is understood and agreed that Section IV - Commercial General Liability Conditions is amended to include the following 

definitions of basis of premium used for computing premiums for this coverage: 

Gross Sales or Receipts is defined as the gross amount charged by the named insured, concessionaires of the named insured, 

or by others trading under the insured's name for: 

1. All goods or products, sold or distributed in the coverage territory as defined in the policy; 

2. Operations performed during the policy period; 

3. Rentals during the policy period; and 

4. Dues or fees during the policy period. 

Only the following items shall be deducted from Gross Sales or Receipts: 

1. Sales or excise taxes which are collected and remitted directly to a governmental division; 

2. Credits for repossessed merchandise and products returned; 

3. Finan:e charges for items sold on installmen~ 

4. Freight charges on sales if freight is charged as a separate item on customer's invoice; and 

5. Royalty income from patent rights or copyrights which are not product sales. 

Construction Cost is defined as 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; and 

2. The other costs associated with the execution of the work including office costs and overhead expenses, as well as all 

other fees involved in the completion of the project such as Attorney fees, Professional fees, Testing, Appraisal, Marketing; 

and 

3. All bonuses or commissions, paid or due on the project. 

Total cost does not include the cost of the land, financing and insurance charges and fees for permits. 

Payroll or Remuneration is defined as the sum of salaries, wages, tips, piece of work, commission, bonuses, overtime, board 

and meals for work performed and excluding excess in accordance with the state payroll limitation rules. 

Overtime is defined as hours worked at increased rates of pay in excess of hours normally worked in a given day or week. If 

there is a guaranteed wage plan which assures employees a given wage for working a specific number of hours per week, then 

the overtime means only the hours worked in excess of that specific amount. If there are records available showing the wages 

paid for overtime separately, which exceed the amount that would have been paid for the same work during normal hours, then all 

such excess wages are excluded. If these records show only the total of wages paid, including overtime on a time and one-half 

basis, then one-third of those wages should be excluded. If double time is paid for overtime and the total pay for such overtime is 

recorded separately, one-half of the total pay for double time shall t:e excluded. 

Excluded from payroll is remuneration paid to clerical office employees, including those whose duties are strictly limited to 

keeping the insured's books or records, conducting correspondence, or engaged in clerical work in these areas. Anyone who 

does not work in the area separated physically by walled floors, or partitions from all other work areas of the insured is not 

considered. An exception to this is if the payroll or clerical office employees are specifically included in a classification wording or 

footnote of the ISO general liability classification. 

Total Cost or Cost is defined as the total cost of all work, let or sublet in connection with each specific project including: 

1. The cost of labor, materials and equipment furnished, used or delivered for use in the execution of the work; and 

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

FM IC-GL-2203(01/2012) Page 1 of 2 

Case 1:20-cv-00474-RP Document 15-2 Filed 09/02/21 Page 52 of 119
Units is defired as the number of r:ersons or items described. 

Rental Receipts is defined as the gross amount charged by the named insured, concessionaires of the named insured, or by 

others trading under the insured' s name for rental of equipment. 

Admissions is defined as the total numter of persons, other than employees of the named insLred, admitted to an event or events 

corducted on the premises, whether on paid admission, tickets, complimentary tickets, or passes. 

This endorsement forms a part of the Policy to whi:h attached, effective on the inceptioo date of the Policy unless otherwise stated 

herein. 

(Thefollowinginformation is required only when this endorsement is Ssued subsequentto preparation of the Policy.) 

Endorse me nteffective 

Named Insured 

FM IC-GL-2203(01/2012) 

Policy No. Endorsement No. 

Countersigned by ____________________ _ 

(Authorized Represen1ative) 

Page 2 of 2 

Case 1:20-cv-00474-RP Document 15-2 Filed 09/02/21 Page 53 of 119
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. 

EXCLUSION - PRODUCTS/COMPLETED OPERATIONS 

EXTERIOR INSULATION AND FINISH SYSTEMS 

This endorsement modifies insurance provided under the following: 

COMMERCIAL GENERAL LIABILITY COVERAGE PART 

PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART 

A. This insurance does not apply to "bodily injury" or "pror:erty damage" included in the "produc-ts-completed operations hazard" 

arising out of, caused by, or attribu1able to, whether in whole or in part, the following: 

1. The design, manufacture, construction, fabrication, preparation, distribution and sale, installation, application, 

maintenance or repair, including remodeling, service, correction or replacement, of any "exterior insulation and finish 

systems" or any part thereof, or any substantially similar system or any part thereof, including the application or use of 

conditioners, primers, accessories, flashings, coatings, caulking or sealants in connection with such a system; or 

2. "Your product" or "your work" with respect to any exterior component, fixture or feature of any structure if an "exterior 

insulation and finish systems," or any substantially similar system, is used on the part of that structure containing that 

component, fixture or feature. 

B. The fol lowing definition is added to the Definitions Section: 

"Exterior insulation and finish systems" means a non-load bearing exterior cladding or finish system, and all component 

parts therein, used on any part of any structure, and consisting of: 

1. A rigid or semi-rigid insulation OOard made of expanded polystyrene and other ma1erials; 

2. The adhesive and/or mechanical fasteners used to attach the insulation board to the substrate; 

3. A reinforced or unreinforced base coa~ 

4. A finish coat providing surface texture to which color may be added; and 

5. Any flashing, caulking or sealant used with the system for any purpose. 

This endorsement forms a part of the Policy to which attached, effective on the inception date of the Policy unless otherwise 

stated herein. 

(The following information is required only when this endorsement is issued subsequent to preparation of the Policy.) 

Endorsement effective 

Named Insured 

FM IC-GL-2215(12/2011) 

Policy No. Endorsement No. 

Countersigned by ____________________ _ 

Case 1:20-cv-00474-RP Document 15-2 Filed 09/02/21 Page 54 of 119
INTERLINE 

IL 00 210498 

lHIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. 

NUCLEAR ENERGY LIABILITY EXCLUSION 

ENDORSEMENT 

(Broad Form) 

This erdorsemert modifies insurance provided under the fdlowirg: 

BUSINESSQ/1/NERS POLICY 

COVIMERCIPL AUTO OOVERAGE PART 

COVIMERCIPL GENERAL LIABILITY COVERAGE PART 

EMPLO'IMENT-RELATED PRACTICES LIAS LITYCOJERAGE PART 

FARM OOVERAGE PART 

LIQUOR LIABILITY COVERJlGE PART 

O\/1.NERSANDCa\JTRACTCRS ffiOTECTIVE LIABILITY COVERAGE PART 

POLLUTION LIABILITY COVERAGE PART 

PRODUCTS/COMR...ETED CFERATIONS LIABILITY COVERAGE PAITT 

PROFESSIONA.L LIABILITY OOVERAGE PART 

RAILROII.D ffiOTECTIVE LIABILITY OOVERAGE PART 

SPECIAL PROTECTIVE AND HIGHWAY LIABILllY PQJ CY NEW YORK CEPARTMENT a= 

TRANSPORTATla\J 

UNDERGROUNDSTORAGETANK PQJCY 

1. The insu-ance does not apply: 

A. Under any Lial:ility O:Jverage, 1o "bcdily iljury" 

or "property damage": 

(1) V\Ath respect to which an "insured" under 

the policy is aso an insured under a 

nuclear energy liabilly pdicy issued by 

Nuclear Energy Liabiliy Insurance 

Associalion, Mutual Abmic Energy Liability 

Underwriers, Nuclear Insurance 

Associalion of Canada cr arv of their 

successors, or 11\0uld be an insured under 

any such pdicy but for its termination upon 

exhaustion of its limi cf liability; or 

(2) Resultilg from the "hazardous properties" 

of "nuclear male"ial" and ~h respect to 

V\hich (a) any i;erson or organization is 

re:iuired to mailtain financial protection 

pursuant to the Jltomic Ene-gy Act of 1954, 

or any law amendatory thereof, or (b) the 

"insure:l" is, or had this p:ilicy not been 

issued would be, entitled to inde-nnity from 

the Unied States of America, or any 

agency thereof, under any agreement 

ente-ed in1o by the Urned Slates of 

America, or any agency thereof, with any 

person or organization. 

B. Under arv Me:lical Payments c01erage, to 

expenses incu-red with resi;ect to ''bodily 

injury" resulting from the 'hazardous 

properties" of "nuclear malerial" and arising out 

of the ope-ation of a "nuclear facilfy" by any 

persm or orgarization. 

C. Under any Liability Cove-a,9e, to 'bodily injury" 

or "property damage' resulting from 

"hazardous properties'' cf "nuclear material", W: 

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

facility" owned by, or operate:l by or on 

behalf of, an "insured" or (b) has been 

discharged or dispersed therefrom; 

(2) The "nudear mate-ial" is contained in 

"spent fuel" or "waste" at any time 

possessed, handled, used, processed, 

stored, transported cr disp:ised of, by or on 

behalf of an "imrned"; or 

(3) The "bodily inj.Jry" or "property damagi" 

arises out of the furnishing by an "insure:l" 

of services, materials, parts or equirrnent in 

connection with the planning, construction, 

maintenance, operalion or use of any "nuclear facility', tut if such faciliy is 

located wlhin the Urited States of Jlrnerica, 

its te-rfories orpossessiors or Canada, Ins 

exclusion (3) applies mly to "property 

damage" to such "nuclear facrny'' and any 

property thereat. 

2. As used in this erdorsemert: 

"Hazardous proi;erties'' includes radicactive, toxic 

or explosive proi;erties. 

"N..Jclear rraterial" mears "source material", 

"Special nuclear material" or "by-product material". 

IL 00 21 0498 Copyright, Insurance Services Ofice, Inc., 1997 Page 1 of2 • 

Case 1:20-cv-00474-RP Document 15-2 Filed 09/02/21 Page 55 of 119
Source maleral", "spa:ial nuclea rraterial", and 

"by-product material" have 1he meanirgs given 

them in the A1omi:: Energy Jlct of 1954 or in arv 

law amendatory therecf. 

"Spent fuel" means any fuel element or fuel 

component, solid or liquid, which has been used or 

exposed toradatim ina ''nuclearreacto(. 

'Waste' means any 11\Bste material (a) containing 

"by-product material" other than the tailings or 

wastes JTOduoed by the extraction or 

concert ration of uranium or 1horium from arv ore 

processed prirrarily for its "source rraterial" 

content, and (b) rest.mng from 1he operatim t,,, 

any person or organization of any "nuclear facility" 

incuded under the first t\/\/0 paragraphs cf the 

definitim cf "nuclear facility". 

"Nuclea facility" means: 

(a) Any "nuclear react a"; 

(b) Any equipment or device designed or used 

for (1) separatirg the isotopes of uranium or 

r:lutmium, (2) processing a utilizing 'spent 

fuel", or (3) handing, processing or 

r:ackaging 'waste"; 

(c) Any eqLipment or device used for the 

processirg, fabricating or alloying of 

"special nuclear material" if at any time the 

tctal amount of such material in the oustody 

of the "insured" al the premses WlErn such 

equiJTnent or device is located consis1s of 

or contains more than 25 grams of 

plutorium or uranium 233 a any 

coml:ination thereof, or more than 250 

gramsofurarium 235; 

(d) Any structure, basin, excavation, prerrises 

or place J)"e r:ared or used fa the storage or 

dispcsal of "11\Bste"; 

and includes the s~eon which any of the faegoing 

is located, all operalions conducted on such s~e 

and all premises used fa such opErntims. 

'Nudear reacto(' means any apparatus designed 

a used to sustain nuclear fission in a selfsupporting chain reactbn or to cmtain a critical 

rrass offissionable material. 

"Property darrage' incudes all forms of 

radioactive contaminatim of property. 

Page2of2 Copyright, lnsuiance Servic:esOffi::e, Inc., 1997 IL 00 210498 • 

Case 1:20-cv-00474-RP Document 15-2 Filed 09/02/21 Page 56 of 119
Policy Number: NJ-CGL-0000009684-01 IL 09 85 01 08 

THIS ENDORSEMENT IS ATTACHED TO AND MADE PART OF YOUR POLICY IN 

RESPONSE TO THE DISCLOSURE REQUIREMENTS OF THE TERRORISM RISK 

INSURANCE ACT. THIS ENDORSEMENT DOES NOT GRANT ANY COVERAGE OR 

CHANGE THE TERMS AND CONDITIONS OF ANY COVERAGE UNDER THE POLICY. 

DISCLOSURE PURSUANT TO TERRORISM RISK 

INSURANCE ACT 

SCHEDULE 

Terrorism Premium (Certified Acts): Not Covered 

This premium is the total Certified Acts premium attributable to the following Coverage Part(s), 

Coverage Form(s) and/or Policy(s): 

Additional information, if any, concerning the terrorism premium: 

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

A. Disclosure Of Premium 

In accordance with the federal Terrorism Risk Insurance Act, we are required to provide you with a 

notice disclosing the portion of your premium, if 

any, attributable to coverage for terrorist acts certified under the Terrorism Risk Insurance Act. The 

portion of your premium attributable to such coverage is shown in the Schedule of this endorsement or in the policy Declarations. 

B. Disclosure Of Federal Participation In Payment 

Of Terrorism Losses 

The United States Government, Department of the 

Treasury, will pay a share of terrorism losses insured under the federal program. The federal 

share equals 85% of that portion of the amount of 

such insured losses that exceeds the applicable 

insurer retention. However, if aggregate insured 

losses attributable to terrorist acts certified under 

the Terrorism Risk Insurance Act exceed $100 billion in a Program Year (January 1 through December 31), the Treasury shall not make any 

payment for any portion of the amount of such 

losses that exceeds $100 billion. 

C. Cap On Insurer Participation In Payment Of 

Terrorism Losses 

If aggregate insured losses attributable to terrorist 

acts certified under the Terrorism Risk Insurance 

Act exceed $100 billion in a Program Year (January 1 through December 31) and we have met our 

insurer deductible under the Terrorism Risk Insurance Act, we shall not be liable for the payment of 

any portion of the amount of such losses that exceeds $100 billion, and in such case insured 

losses up to that amount are subject to pro rata allocation in accordance with procedures established by the Secretary of the Treasury. 

IL 09 85 01 08 © ISO Properties, Inc., 2007 Page 1 of 1 • 

Case 1:20-cv-00474-RP Document 15-2 Filed 09/02/21 Page 57 of 119
CLAIM NOTIFICATION 

Send all claim notifications and information to: 

First Mercury Insurance Company 

P .0. Box 5096 

Southfield, Michigan 48086 

Or 

26600 Telegraph Rd. 

Southfield, Ml 48033 

Or Fax to: 

First Mercury Insurance Company 

Attn: Claim Department 

Fax Number: (248) 357-5036 

This endorsement forms a part of the Policy to Vv'h ich attached, effective on the inceptioo date of the Policy unless 

othervvise stated herein. 

FMIC - Oain Notification (12/2006) 

Case 1:20-cv-00474-RP Document 15-2 Filed 09/02/21 Page 58 of 119
IMPORTANT NOTICE 

To obtain information or make a complaint: 

1. You may contact your insurance agent. 

2. You may call the company's toll-free telephone 

number for information or to make a complaint 

at: 

1-800-762-6837 

3. You may write to the company at: 

First Mercury Insurance Company 

26600 Telegraph Rd. 

Southfield, MI 48033 

4 You may contact the Texas Department of 

Insurance to obtain information on companies, 

coverages, rights or complaints at: 

1-800-252-3439 

5. You may write the Texas Department of 

Insurance: 

PO Box 149104 

Austin, TX 78714-9104 

FAX (512) 475-1771 

Web: http:lwww.tdi.state.tx.us 

E-mail: ConsumerProtection@tdi. state. tx. us 

6. PREMIUM OR CLAIM DISPUTES: 

Should you have a dispute concerning your 

premium or about a claim you should contact 

your agent first. If the dispute is not resolved, 

you may contact the Texas Department of 

Insurance. 

ATTACH THIS NOTICE TO YOUR POLICY: 

This notice is for information only and does not 

become a part or condition of the attached 

document. 

TXSLF0RM(0?/2007) 

AVISO IMPORTANTE 

Para obtener informaci6n o para someter una queja: 

Puede comunicarse con su agente de seguro. 

Usted puede llamar al numero de telefono gratis de 

la companfa para informaci6n o para someter una 

queja al: 

1-800-762-6837 

Usted tambien puede escribir la companfa: 

First Mercury Insurance Company 

26600 Telegraph Rd. 

Southfield, MI 48033 

Puede comunicarse con el Departamento de 

Seguros de Texas para obtener informaci6n acera 

de companies, coberturas, derechos o quejas al: 

1-800-252-3439 

Puede escribir al Departamento de Seguros de 

Texas: 

PO Box 149104 

Austin, TX 78714-9104 

FAX (512) 475-1771 

Web: http:/www.tdi.state.tx.us 

E-mai I: ConsumerProtection@tdi. state.Ix. us 

DISPUTAS SOB RE PRIMAS O RECLAMOS: 

Si tiene una disputa concerniene a su prima o 

a un reclamo, debe comunicarse con el agente 

primero. Si no se resuelve la disputa, puede 

comunicarse con el departamento (TOI). 

UNA ESTE AVISO A SU POLIZA: 

Este aviso es solo para prop6sito de lnformaci6n y 

no se convierte en parte o condici6n del documento 

adj unto. 

Case 1:20-cv-00474-RP Document 15-2 Filed 09/02/21 Page 59 of 119
CaverXsPECIALTY 26600 Telegraph Rd. 

Southfield, MI 48033 EXPERIENCE MATTERS 

05/15/2012 

PO Box 5069 

Southfield, MI 48086 

Re: D L Phillips Construction Inc (OBA) Ja Mar Roofing 

NJ-CGL-0000009684-01 

THANK YOU FOR THE ORDER 

PLEASE REVIEW THIS POLICY 

CAREFULLY. 

THE COVERAGES AND TERMS OF THE POLICY 

MAY DIFFER FROM THOSE REQUESTED IN 

YOUR APPLICATION AND/OR YOUR 

EXPIRING POLICY. 

PLEASE REVIEW AND ADVISE US IMMEDIATELY 

IN WRITING OR VIA FAX 

IF YOU HAVE ANY CHANGES TO THIS POLICY. 

Telephone: 1 (800) 762-6837 - Fax: 1 (248) 358-2459 

Case 1:20-cv-00474-RP Document 15-2 Filed 09/02/21 Page 60 of 119
FIRST MERCURY INSURANCE POLICY 

2013 - 2014

Case 1:20-cv-00474-RP Document 15-2 Filed 09/02/21 Page 61 of 119
FIRST MERCURY INSURANCE COMPANY 

(A STOCK COMPANY) 

STATUTORY HOME OFFICE: ONE SOUTH WACKER DRIVE, SUITE 1350, CHICAGO, IL 60606 

ADMINISTRATIVE OFFICE: 26600 TELEGRAPH RD., SOUTHFIELD, Ml 48033 

GENERAL LIABILITY POLICY 

RENEWAL DECLARATIONS 

Serviced by CoverX Specialty POLICY NUMBER NJ-CGL-0000009684-02 

RENEWAL OF: NJ-CGL-0000009684-01 

I NAMED INSURED AND MAILING ADDRESS I I BROKER NAME AND ADDRESS I 

D L Phillips Construction Inc (OBA) Ja Mar Roofing Southwest Risk LP - Dallas 

PO Box 40159 8144 Walnut Hill Lane Suite 1010 

Austin, TX 78704 

POLICY PERIOD 

Dallas, TX 75231 

From: 4/21/2013 To: 4/21/2014 

AT 12:01 AM. STANDARD TIME AT YOUR MAILING ADDRESS SHOWN ABOVE 

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

YOU TO PROVIDE THE INSURANCE AS STATED IN THIS POLICY 

LIMITS OF INSURANCE: Defense Costs are outside the limits of Liabilty 

Each Occurrence Limit: $1,000,000 

Personal & Advertising Injury Limit: $1,000,000 

Employee Benefits Liability: Excluded 

Employee Benefits Aggregate Limit: Excluded 

General Aggregate Limit: $2,000,000 Liquor Liability Limit: Excluded 

Products-Completed Operations Aggregate Limit: $2,000,000 Liquor Liability Aggregate: Excluded 

Damage To Premises Rented To You: $50,000 Designated Construction Projects 

Medical Payment Limit: $5,000 General Aggregate Limit: $2,000,000 

RETAINED LIMIT: $5,000 

PREMIUM COMPUTATION: 

Deductible Per Occurrence, Including LAE 

Premium: $35,250 

Total Policy Aggregate Limit: 

Coverage for certified acts of terrorism has been rejected; exclusion attached. [2g 

(Per TRIA Disclosure Notice.) 

DEPOSIT PREMIUM: $35,250 

DESCRIPTION OF BUSINESS:Contrs-sub work-in connect w/cnstr,recnstr, repair or erection of bldg 

FORM OF BUSINESS: 

$5,000,000 

• INDIVIDUAL • JOINT VENTURE § PARTNERSHIP [5<J ORGANIZATION, INCLUDING A CORPORATION (BUT NOT 

LIMITED PARTNERSHIP INCLUDING A PARTNERSHIP, JOINT VENTURE OR LIMITED 

LIMITED LIABILITY COMPANY LIABILITY COMPANY) 

ENDORSEMENTS ATTACHED TO THIS POLICY: See Schedule FM IC-END - Schedule of Forms and Endorsements 

This insurance contract is with an insurer not licensed to transact insurance in this state and is issued 

and delivered as surplus line coverage pursuant to the Texas insurance statutes. The Texas Department 

of Insurance does not audit the finances or review the solvency of the surplus lines insurer providing this 

coverage, and this insurer is not a member of the property and casualty insurance guaranty association 

created under Chapter 462, Insurance Code. Chapter 225, Insurance Code, requires payment of a 4.85 

percent tax on gross premium. 

IMPORTANT! Please carefully examine your policy as it may contain significant coverage modifications or exclusions. 

If this policy is a renewal, it may not contain the same precise terms and conditions as the prior policy. 

Date: 4/30/2013 Authorized Representative: 

THESE DECLARATIONS, TOGETHER WITH THE COMMON POLICY CONDITIONS AND COVERAGE FORM(S) 

AND ANY ENDORSEMENT(S), COMPLETE THE ABOVE NUMBERED POLICY. FMIC-GL-DS-0001 (12/10) 

Case 1:20-cv-00474-RP Document 15-2 Filed 09/02/21 Page 62 of 119
NAMED INSURED: 

CARRIER: 

POLICY NUMBER: 

EFFECTIVE DATE: 

PREMIUM: 

AGENCY FEE 

CARRIER FEE 

STATE TAX: 

STAMPING FEE: 

DRIVE OUT: 

Attachment A 

DL Phillips Construction Inc 

First Mercury Insurance Co 

NJCGL000000968402 

04/21/13-14 

$ 

$ 

$ 

$ 

$ 

$ 

35,250.00 

1,100.00 

1,762.98 

21.81 

38,134.79 

This insurance contract is with an insurer not licensed to transact insurance in 

his state and is issued and delivered as surplus line coverage under the Texas 

insurance statutes. The Texas Department of Insurance does not audit the 

inances or review the solvency of the surplus lines insurer providing this 

coverage, and the insurer is not a member of the property and casualty insurance 

guaranty association created under Article 21.28-C, Insurance Code. Section 12, 

rticle 1.14-2, Insurance Code, requires payment of a 4.85 percent tax on gross 

premium. 

Case 1:20-cv-00474-RP Document 15-2 Filed 09/02/21 Page 63 of 119
Policy Number NJ-CGL-0000009684-02 

Location of Premises: 

Schedule of Locations on File with Company 

Classification and Premium: 

Exposure Basis 

Gross Sales 

FMIC-GL-DS-EXT (12/1 OJ 

EXTENSION OF DECLARATIONS 

Exposure Amount 

$3,000,000 

Rate 

$11 . 7500/Per 

$1,000 of Gross 

Sales 

Deposit Premium 

$35,250 

subject to $29,963 

minimum premium 

Page 1 of 1 

Case 1:20-cv-00474-RP Document 15-2 Filed 09/02/21 Page 64 of 119
Insured Ja Mar Roofing (OBA) 

Policy Number NJ-CGL-0000009684-02 

SCHEDULE OF FORMS AND ENDORSEMENTS 

(other than applicable forms shown elsewhere in the policy) 

Forms and Endorsements applying to and made part of this policy at the time of issuance: 

CG 00 01 (12/07) - COMMERCIAL GENERAL LIABILITY COVERAGE FORM 

IL 00 17 (11/98) - COMMON POLICY CONDITIONS 

FMIC LEGAL (10/07) - SERVICE OF SUIT 

CG 00 68 (05/09) - RECORD AND DISTRIBUTE OF MATERIAL IN VIOLATION 

CG 02 12 (11/85) - CANCELLATION ENDST BY US 

CG 20 10 (07/04) - ADDITIONAL INSURED OWNERS, LESSEES OR CONTRACTORS 

CG 20 37 (07/04) - Al - OWNERS, LESSEES OR CONTRACTORS COMPLETED OPERATIONS 

CG 21 47 (07/98) - EMPLOYMENT-RELATED PRACTICES EXCLUSION 

CG 21 54 (01/96) - EXCL DESG OP COVERED BY CONSOLIDATED WRAP UPS 

CG 21 55 (09/99) - TOTAL POLLUTION EXCLUSION WITH A HOSTILE FIRE EXCEPTION 

CG 21 67 (04/02) - FUNGI OR BACTERIA EXCLUSION 

CG 21 96 (03/05) - SILICA OR SILICA RELATED DUST EXCLUSION 

CG 22 70 (11/85) - REAL ESTATE PROPERTY MANAGED 

CG 22 79 (07/98) - EXCLUSION - CONTRACTORS PROFESSIONAL LIABILITY 

CG 23 01 (12/04) - EXCL - REAL ESTATE AGENTS OR BROKERS ERRORS & OM MISSIONS 

CG 24 04 (05/09) - WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS 

FMIC GL 1002 (10/12) - PRIMARY AND NON-CONTRIBUTING INSURANCE 

FMIC GL 2010 (11/11) - CROSS SUITS ENDORSEMENT 

FMIC GL 2011 (04/11) - CONTINUOUS OR PROGRESSIVE INJURY AND DAMAGE EXCL 

FMIC GL 2015 (10/11) - POLICY DEDUCTIBLE ENDORSEMENT 

FMIC GL 2017 (01/11) - DESIGNATED CONSTRUCT PROJECT GEN AGG LIMIT 

FMIC GL 2052 (10/10) - NAMED INSURED 

FMIC GL 2076 (04/11) - HAZARDOUS MATERIALS EXCLUSION 

FMIC GL 2125 (07/11) - EXCLUSION - SPECIFIED STATE OPERATIONS EXCLUSION 

FMIC GL 2152 (07/11) - SUBSIDENCE EXCLUSION 

FMIC GL 2163 (05/12) - MINIMUM EARNED PREMIUM ENDORSEMENT 

FMIC GL 2169 (09/12) - ROOFING OPERATIONS WARRANTIES 

FMIC GL 2172 (07/11) - EXCLUSION OF TERRORISM 

FMIC GL 2196 (09/11) - EXCLUSION - BLASTING AND USE OF EXPLOSIVES 

FMIC GL 2203 (05/12) - BASIS OF PREMIUM ENDORSEMENT 

FMIC GL 2215 (12/11) - EXCLUSION - PROD/COMP OPS EXTERIOR INSULATION 

IL 00 21 (04/98) - NUCLEAR ENERGY LIABILITY EXCLUSION ENDORSEMENT 

FMIC CLAIM NOTIFICATION (12/2006) 

Schedule FMIC-END (12/1 OJ Page 1 of 1 

Case 1:20-cv-00474-RP Document 15-2 Filed 09/02/21 Page 65 of 119
COMMERCIAL GENERAL LIABILITY 

CG 00 0112 07 

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 porson 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 appoar in quotation 

marks have special meaning. Refer to Section V -

Definitions. 

SECTION I -COVERAGES 

COVERAGE A BODILY INJURY AND PROPERTY 

DAMAGE LIABILITY 

1. lnsu ring 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 "r:rnperty damage" to which this 

insurance does not apply. We may, at our 

discretion, irrvestigate 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 Ill - 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 

expicitly provided for under Supplementary 

Payments - Coverages A and B. 

b. This insurance appies 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 "proporty damage" 

occurs during the policy period; and 

(3) Prior to the pol icy 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 "r:rnperty 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 poriod, 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 bf any other means that 

"bodily injury" or "proporty damage" has 

occurred or has begun to occur. 

CG00011207 © ISO Properties, Inc., 2006 Page1of16 

Case 1:20-cv-00474-RP Document 15-2 Filed 09/02/21 Page 66 of 119
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'. 

2. Exclusions 

This insurance does not apply to: 

a. Expected Or Intended Injury 

"Bodily injury" or "proporty 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 ol)igated 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 attorney 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 partys defense has also been 

assumed in the same "insured contract"; 

and 

(b) Such attorney 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 "proporty 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 

porson 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 only if you are in the 

business of manufacturing, distributing, selling, 

serving or furnishing alcoholic beverages. 

d. Workers' Compensation And Similar Laws 

Any obligation of the insured under a workers' 

componsation, disability benefits or 

unemployment compensation law or any 

si mi lar I aw 

e. Employer's Liability 

"Bodily injury" to 

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

and in the course of: 

(a) Empoyment by the insured; or 

(b) Performing duties related to the conduct 

of the insureds business; or 

(2) The spouse, child, parent, t:rnther 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 appy to liability 

assumed by the insured under an "insured 

contract''. 

CG00011207 © ISO Properties, Inc, 2006 Page2 of 16 

Case 1:20-cv-00474-RP Document 15-2 Filed 09/02/21 Page 67 of 119
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 ti me 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 hea1 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 t:e held liable, if 

you are a contractor and the owner 

or lessee of such premises, site or 

location has been added to your 

pol icy as an additional insured with 

respect to your ongoing operations 

performed for that additional insured 

at that premises, site or location and 

such p-emises, 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 ti me 

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 t:e legally respcnsible; 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 

perforrring operations if the "pollutants" 

are brought on or to the premises, site 

or location in connection with such 

operatbns by such insured, contractor 

or subcontractor. However, this 

subparagraph does not apply to: 

(ij "Bodily injury" or "property damage" 

arisng out of the escape of fuels, 

luaicants or other operating fluids 

whch 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 

rele,se of the fuels, lubricants or 

othe- operating fluids, or if such 

fues, lurricants or other operating 

fluid; are brought on or to the 

premises, site or location with the 

intent that they t:e discharged, 

disr:ersed or released as part of the 

ope-ations t:eing performed by such 

insLied, contractor or subcontractor; 

(iij "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 t:eing 

performed by you or on your t:ehalf 

by a contractor or subcontractor; or 

(iiij "Bodily injury" or "property damage" 

arisng 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 

perforrring operations if the operations 

are to test for, monitor, clean up, 

removi; contain, treat, detoxify or 

neutralize, or in any way respond to, or 

assess the effects of, "pollutants". 

CG00011207 © ISO Properties, Inc., 2006 Page3 of 16 

Case 1:20-cv-00474-RP Document 15-2 Filed 09/02/21 Page 68 of 119
(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 "r:rnperty 

damage" that the insured would have in the 

absence of such reques 1 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 in the state 

where it is licensed or principally 

garaged; or 

(b) the operation of any of the machinery or 

equipment listed in Paragraph q2) or 

f.(3) of the definition of "moble 

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 

pa rt of those premises; 

(3) Property loaned to you; 

(4) Personal property in the care, custody or 

control of the insured; 

CG00011207 © ISO Properties, Inc., 2006 Page 4 of 16 

Case 1:20-cv-00474-RP Document 15-2 Filed 09/02/21 Page 69 of 119
(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 "r:rnperty 

damage" arises out of those operations; or 

(6) That particular part of arry 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 7 or fewer consecutive days. A 

separate limit of insurance applies to Damage 

To Premises Rented To You as described in 

Section Ill- 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 

I. 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 bf 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. 

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. Distribution Of Material In Violation Of 

Statutes 

"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; or 

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

amendment of or addition to such law; or 

(3) Any statute, ordinance or regulation, other 

than the TCPA or CAN-SPAM Act of 2003, 

that prohibits or limits the sending, 

transmitting, communicating or distribution 

of material or information. 

CG00011207 © ISO Properties, Inc., 2006 Page 5 of 16 

Case 1:20-cv-00474-RP Document 15-2 Filed 09/02/21 Page 70 of 119
Exclusions c. through n. c!J 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 Ill - Limits Of 

lnsurarce. 

COVERAGE B PERSONAL AND ADVERTISING 

INJURY LIABILITY 

1. lnsu ring Agreement 

a. We will pay those sums that the insured 

becomes legally ol) igated 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 

"parsonal 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 Ill - 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 "parsonal 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 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 of material whose 

first publication took pace 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 c!Jes not appy to 

liability for damages that the insured would 

have in the abserce of the contract or 

agreement. 

f. Breach Of Contract 

"Personal and advertising injury' arising out of 

a breach of contrac 1 except an implied 

contract to use anothers advertising idea in 

your "advertisement". 

g. Quality Or Pafonnance 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 

parformance rrade 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 

''advertise me rt''. 

i. Infringement Of Copyright, Patent, 

Trademark Or Trade Secret 

"Personal and advertising injury' arising out of 

the infringement of copyright, paten 1 

trademark, trade secret or other intellectual 

property rights. Under this exclusion, such 

other intellectual proparty rights do not include 

the use of another's advertising idea in your 

''advertisemert''. 

However, this exclusion does not apply to 

infringement, in your "advertisement", of 

copyright, trade dress or slogan. 

j. Insureds In 1\/ladia And Internet Type 

Businesses 

"Personal and advertising injury" committed by 

an insured wrose business is: 

(1) Advertising broadcasting, pul)ishing or 

telecasting; 

(2) Designing or determining content of websites for others; or 

CG00011207 © ISO Properties, Inc., 2006 Page 6 of 16 

Case 1:20-cv-00474-RP Document 15-2 Filed 09/02/21 Page 71 of 119
(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, oorders 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 Ch at rooms 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. 

I. 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, trea1 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 bf 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) lnsurrectim, rebellion, revolution, usurped 

power, or action taken by governmental 

authority in hindering or defending against 

any of these. 

p. Distribution a Material In Violation Of 

Statutes 

"Personal and advertising injury" arising 

directly or irdirectly out of any action or 

omission that violates or is alleged to violate: 

(1) The Telepione Consumer Protection Act 

(TCPA), including any amendment of or 

addition to such law; or 

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

amendment of or addition to such law; or 

(3) Any statute, ordinance or regulation, other 

than the TCPA or CAN-SPAM Act of 2003, 

that r:rnhibits or limits the sending, 

transmitting, communicating or distribution 

of material or information. 

COVERAGE C MEDICAL PAYMENTS 

1. Insuring Agreement 

a. We will pay medical expenses as described 

below for "oodly injury" caused by an accident: 

(1) On premises you own or rent; 

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

or 

(3) Because d your operations; 

provided that: 

(a) The accident takes place in the 

"cover2ge territory" and during the policy 

period; 

(b) The expenses are incurred and reported 

to us within one year of the date of the 

accidert; and 

(c) The injured person submits to 

examiration, at our expense, by 

physicans of our choice as often as we 

reasorably require. 

b. We will make these payments regardless of 

fault. These payments will not exceed the 

applicable limit of insurance. We wi II pay 

reasonable expenses for: 

(1) First aid administered at the time of an 

accident; 

(2) Necessary medical, 

dental services, 

devices; and 

surgical, x-ray and 

including r:rnsthetic 

(3) Necessary ambulance, hospital, 

professional nursing and funeral services. 

CG00011207 © ISO Properties, Inc., 2006 Page 7 of 16 

Case 1:20-cv-00474-RP Document 15-2 Filed 09/02/21 Page 72 of 119
2. Exclusions 

We wil I 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 "b:Jdily 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 partici paling 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 

ANDB 

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 b:Jnds. 

c. The cost of bonds to release attachments, but 

only for b:Jnd amounts within the applicable 

limit of insurance. We do not have to furnish 

these bonds. 

d. All reasonable expenses i rcurred 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. R"ej udgment irterest 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. 

g. Al I 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 co LIi 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 i rsured 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, Iha: indemnitee, has also been 

assumed by the insured in the same "insured 

contract''; 

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

we know ab:Jut the "occurrence" are such that 

no conflict ar:pears 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 wnting to 

(a) Cooperate with us in the investigation, 

settlemert 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 

CG00011207 © ISO Properties, Inc., 2006 Page 8 of 16 

Case 1:20-cv-00474-RP Document 15-2 Filed 09/02/21 Page 73 of 119
(b)Condu:t 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 wi II be 

paid as Supplementary Payments. 

Notwithstanding the provisions of Paragraph 

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

And R"operty 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 obi igation to defend an insured's indemnitee 

and to pay for attorneys' fees and n=cessary 

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 15 AN INSURED 

1. If you are designated in the Declarations as: 

a. An individual, you and your spouse are 

insureds, but only W[h 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 partn=rs, and 

their spouses are also insureds, but only with 

respect to the conduct of your business. 

c. A Ii mited 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 Ii mited liability company, you are an 

insured. Your "executive officers" and directors 

are insureds, but only with respect to their 

dU[ies as your officers or directors. Your 

stockholders are also insureds, but only with 

respect to their liability as stockholders. 

e. A trus 1 you are an insured. Your trustees are 

also insureds, but only with respect to their 

dU[ies as trustees. 

2. Each of the following is also an insured: 

a. Your "vol unteerworkers" only while performing 

duties related to the conduct of your business, 

or your "emplOfees", other than either your 

"executive officers" (if you are an organization 

other than a partnership, joint venture or limited 

liab lily company) or your managers (if you are 

a limited liabi lily 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, non= 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 Ii mited 

liability ocmpany), to a co-"employee" 

while in the course of his or her 

employrrent or performing dU[ies related 

to the conduct of your business, or to 

your other "volunteer workers" while 

performi rg dU[ies related to the conduct 

of your bLSiness; 

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

sister of that co-"employee" or 

'\/oluntee- 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 Paragraphs (1 )(a) 

or (b) abcve; or 

(d) Arising out of his or her providing or 

failing to provide r:rnfessional health 

care services. 

(2) "Property damage" to property 

(a) Own=d, occupied or used by, 

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

control o( 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 arry 

member (if you are a limited liability 

company). 

CG00011207 © ISO Properties, Inc., 2006 Page 9 of 16 

Case 1:20-cv-00474-RP Document 15-2 Filed 09/02/21 Page 74 of 119
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 eustacy of your property if you die, 

but only 

(1) With respoct 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 I iability 

company, and over which you maintain ownership 

or majority interest, will qualify as a Named 

Insured if there is no other similar insurance 

avail able to that organization. However: 

a. Coverage under this provision is afforded only 

until the 9oth 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 porson 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 Ill - 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. 

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. Sut:ject to Paragraph 2. above, the Personal and 

Advertising Injury Li mil 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. Sut:ject to Paragraph 2. or 3. above, whichever 

applies, the Each Ctcurrence 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. Sut:ject 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 

"proporty 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 oflhe owner. 

7. Sut:ject 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"sustaned by any one person. 

The Limits of lnsuranoe of this Coverage Part apply 

separately to each corsecutive annual period and to 

any remaining poriod d 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 Limls of Insurance. 

SECTION IV-COMMERCIAL GENERAL LIABILITY 

CONDITIONS 

1. Bankruptcy 

Bankruptcy or insdvency of the insured or of the 

insured's estate wi II not relieve us of our 

obligations under ths 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 

CG00011207 © ISO Properties, Inc, 2006 Page 10of 16 

Case 1:20-cv-00474-RP Document 15-2 Filed 09/02/21 Page 75 of 119
(3)Tre 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 attain records and other 

information; 

(3) Cooperate with us in the i rrvesti gation 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, excep: at that i nsured'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 

claimants legal representative. 

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 uni ess 

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"yourwork"; 

(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 

"proporty 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 Exel usion g. of Section I -

Coverage A - Bodily Injury And 

R"operty Damage Liability. 

(b) Any other primary insurance available to 

you covering liability for damages 

arising out of the premises or 

operations, or the p-oducts and 

completed oporations, for which you 

have been added as an additional 

insured by attachment of an 

endorsement. 

(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 

Ire insured against that 'suit". If 

no other insurer defends, we will 

undertake to do so, but we will be 

entitled to the ins ured's rights 

against all those other insurers. 

CG000112 07 © ISO Proporties, Inc., 2006 Page 11 of 16 

Case 1:20-cv-00474-RP Document 15-2 Filed 09/02/21 Page 76 of 119
(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 

descrired in this Excess Insurance 

provision and was not b:Jught 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 copes at such times 

as we may request 

6. Representations 

By accepting this p::,licy, you agree: 

a. The statements in the Declarations are 

accurate and complete; 

b. Those statements are based up::,n 

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 ncthing 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 delive- to the first Named Insured 

shown in the Dedarations written notice of the 

nonrenewal not less than 30 days before the 

expiration date. 

If notice is mailed, proof of mailing wil I re sufficient 

proof of notice. 

SECTION V- DEFINITIONS 

1. "Advertisement' means a notice that is broadcast 

or published to the general pul)ic or specific 

market segments about your goods, products or 

services for the purpose of attracting customers or 

supporters. For the purp::,ses 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 website that is at:out your goods, p-oducts 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 tratel on public roads, including 

any attached machinery or equipment; or 

b. Any other land vehicle that is subject to a 

compulsory or financial resp::,nsibility law or 

other motor vehicle insurance law in the state 

where it is licensed or principally garaged. 

However, "auto" does not include "mobile 

equipment". 

CG00011207 © ISO Properties, Inc., 2006 Page 12of 16 

Case 1:20-cv-00474-RP Document 15-2 Filed 09/02/21 Page 77 of 119
3. "B:Jdily 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. abcve; 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, by-laws 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 incorpcrates "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. 

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 bf 

you with permssion of the owner is not an 

''insured contract''; 

b. A sidetrack agrEEment; 

c. Any easement a license agreement, except in 

connection with construction or demolition 

operations on orwithin 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 fa "bcdily injury' or "property 

damage" to a thrd person or organization. Tort 

liablity 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 rai I road property and 

affecting any railroad bridge or trestle, 

tracks, road-beds, tunnel, underpass or 

crossing; 

(2) That indemnifies an architec 1 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 orde-s, change orders or drawings 

and specifications; or 

(b) Giving drections 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 liablity for 

an injury or damage arising out of the 

insured's rfflderi ng or failure to render 

professional services, including those listed 

in (2) above and supervisory, inspection, 

architectural or engineering activities. 

CG00011207 © ISO Properties, Inc., 2006 Page 13of 16 

Case 1:20-cv-00474-RP Document 15-2 Filed 09/02/21 Page 78 of 119
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 condu:t 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 aircraf1 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. Bui ldozers, farm machinery, forklifts and other 

vehicles designed for use p-incipally off pubic 

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 equi p-nent 

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 

fol lowing types 

(1) Air compressors, pumps and generators, 

including spraying, welding, building 

cleaning, geophysical exploration, lighting 

and wel I 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. 

However, self-propelled vehicles with the 

following types of permanently attached 

equi p-nent are not "mobile equip-nent" but will 

be considered "autos": 

(1) Equipment designed primarily for 

(a) Snow removal; 

(b) Road mantenance, but not construction 

or resurfacing; or 

(c) Street cleaning; 

(2) Cherry picke-s and similar devices mounted 

on automoble or truck chassis and used to 

raise or lower workers; and 

(3) Air compressors, pumps and generators, 

including sp-aying, welding, building 

cleaning, gSJphysical exploration, lighting 

and well servicing equipment 

However, "mobile equipment" does not include 

any land vehicles trat are subject to a compulsory 

or financial responsibility law or other motor 

vehicle insurance law in the state 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 rarmful 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 ancther's advertising idea in your 

"advertisement"; or 

g. Infringing upon another's copyright, trade dress 

or slogan in yo LI "advertisement". 

CG00011207 © ISO Properties, Inc., 2006 Page 14of 16 

Case 1:20-cv-00474-RP Document 15-2 Filed 09/02/21 Page 79 of 119
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. ''R"oducts-competed operations hazard": 

a. Includes all "bodily injury'' and "r:rnperty 

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 t:e 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 "r:rnperty 

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. ''R"operty 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 tangil)e property that is not 

physically injurs:J. All such loss of use shall be 

deemed to occur at the ti me of the 

"occurrence" that caused it. 

For the purposes d this insurance, electronic data 

is not tangible property. 

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 contrdled equipment. 

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

t:ecause 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 tow hich 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 worke-" 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 r:erformed for you. 

21. 'Your product": 

a. Means: 

(1) Any goods or products, other than real 

property, manufactured, sold, handled, 

distributed or disposed of ty 

(a) You; 

(b) others trading under your name; or 

(c) A persm or organization whose 

business or assets you have acquired; 

and 

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

parts or equipment furnished in connection 

with such gmds or products. 

b. Includes: 

(1) Warranties or representations made at any 

time with respect to the fitness, quality, 

durability, r:erformance or use of "your 

product"; and 

CG00011207 © ISO Properties, Inc., 2006 Page 15of 16 

Case 1:20-cv-00474-RP Document 15-2 Filed 09/02/21 Page 80 of 119
(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 rnade at any 

tirne with respect to the fitness, quality, 

durability, performance or use of "your 

work", ard 

CG00011207 

(2) The providing of or failure to 

provide warnings or instructions. 

© ISO Properties, Inc, 2006 Page 16of 16 

Case 1:20-cv-00474-RP Document 15-2 Filed 09/02/21 Page 81 of 119
IL 001711 98 

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 

del~ering to us advance written notice of 

cancellation. 

2. We may cancel this policy by mailing or 

del~ering 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 I nsured'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 aud[ 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. G~e 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. Compfy with laws, regulations, codes or 

standards. 

3. Paragraphs 1. and 2. of this condition appy 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 responsil)e for the payment of all premiums; 

and 

2. Vv111 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 

wrnn 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. 

IL00171198 Copyright, Insurance Services Office, Inc., 1998 Page 1 of 1 • 

Case 1:20-cv-00474-RP Document 15-2 Filed 09/02/21 Page 82 of 119
SERVICE OF SUIT 

The Company agrees that in the event of its failure to pay any amount claimed to be due hereunder, the 

Company, at the request of the Insured, will submit to the jurisdiction of any court of competent jurisdictbn 

within the United States of America and will comply with all requirements necessary to give such Court 

jurisdiction, and all matters arising hereunder shall be determined in accordance with the law and practice of 

such Court. 

The Company hereby designates the Commissioner, Director or Superintendent of Insurance, or other officer 

specified by law for that purpose, or his successor or successors in office, or the person designated below, in 

the space indicated, as ~s true and lawful attorney upon whom may be served any lawful process in any 

action, su~ or proceeding instituted by or on behalf of the Insured arising out of this contract of insurance. It is 

further agreed that the Company shall abide by the final decision of any court having jurisdiction in which such 

action is filed, or by the decision of any appellate court in the event of an appeal. 

Upon receip: of process served hereunder, the Company hereby designates Marcia M. Paulsen, Vice 

President; 26600 Telegraph Rd. Southfield, Michigan 48033 as the person to whom the officer designated 

above is authorized to mail such process. 

In the alternative, process may be served upon the authorized agent of the Company whose name and 

address are: 

FMIC LEGAL (10/2007) 

FIRST MERCURY INSURANCE COMPANY 

26600 TELEGRAPH RD. 

SOUTHFIELD, MICHIGAN 48033 

Case 1:20-cv-00474-RP Document 15-2 Filed 09/02/21 Page 83 of 119
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. 

RECORDING AND DISTRIBUTION OF MATERIAL OR 

INFORMATION IN VIOLATION OF LAW EXCLUSION 

This encbrsement modifies insurance provided under the following: 

COMMERCIAL GENERAL LIABILITY COVERAGE PART 

A. Exclusion q. of Paragraph 2. Exclusions of Section I -

Coverage A Bodily Injury And Property Damage 

Liabillty is replaced by the following: 

2. Exclusions 

This insurance does not apply to: 

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 Transaction Act (FACT A); or 

(4) Any federal, state or local statulte, 

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. 

B. Exclusion p. of Paragraph 2. Exclusions of Section I -

Coverage B Personal And Advertising Injury 

Liability is replaced by the following: 

2. Exclusions 

This insurance does not apply to: 

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 Transaction Act (FACTA); or 

(4) Any federal, state or local statulte, 

ordinance or regulation, other than the 

TC PA, 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. 

ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. 

This endorsement forms a part of the Policy to which attached, effective on the inception date of the Policy unless otherwise 

stated herein. 

(The following information is required only when this endorsement is issued subsequent to preparation of the Policy.) 

Endorsement effective 

Named Insured 

CG 00 68 05 09 

Policy No. Endorsement No. 

Countersigned by ____________________ _ 

Case 1:20-cv-00474-RP Document 15-2 Filed 09/02/21 Page 84 of 119
POLICY NUMBER NJ-CGL-0000009684-02 COMMERCIAL GENERAL LIABILITY 

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. 

CANCELLATION BY US 

This endorsement modifies insurance provided under the followirg: 

COM MERCI AL GENERAL LIABILITY COVERAGE PART 

LIQJOR LIABILITY COVERAGE PART 

POLLUTION LIABILITY COVERAGE PART 

PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART 

SCHEDULE 

Number of Days 30 

(If no entry appears above, information required to complete this SchedLle will be shown in the Declarations as 

applicable to this endorsement.) 

Paragraph 2. of CANCELLATION (Common Policy Conditions) is replaced b; the followirg 

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

cancellation at least: 

a. 1 0 days before the effective date of cancellation if we cancel for non payment of p-emium; or 

b. The number of days shown in the Schedule before the effective date of cancellation if we cancel for any 

other reason. 

CG 02 12 11 85 Copyright, Insurance Services Office, Inc., 1984 Page 1 of 1 • 

Case 1:20-cv-00474-RP Document 15-2 Filed 09/02/21 Page 85 of 119
POLICY NUMBER 

NJ-CGL-0000009684-02 

COMMERCIAL GENERAL LIABILITY 

CG 20 10 07 04 

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 Orqanization(s): 

As required by written contract 

Location(sl Of Covered Operations 

As required by written contract 

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. 

B. With respect to the insu ranee afforded to these 

additional insureds, the following additional 

exclusions apply: 

This insuranoe does not apply to "bodily injury" or 

"property damage" occurring after: 

1. All work, including materials, parts or 

equipment furnished in ocnnection 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 

ocmpleted; 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 subocntractor 

engaged in performing operations for a 

principal as a part of the same project 

CG 20 10 0704 © ISO Properties, Inc., 2004 Page 1 of 1 

Case 1:20-cv-00474-RP Document 15-2 Filed 09/02/21 Page 86 of 119
POLICY NUMBERNJ-CGL-0000009684-02 COMMERCIAL GENERAL LIABILITY 

CG 203707 04 

ADDITIONAL INSURED - OWNERS, LESSEES OR 

CONTRACTORS- COMPLETED OPERATIONS 

This endorsement modifies insurance provided under the following: 

COMMERCIAL GENERAL LIABILITY COVERAGE PART 

SCHEDULE 

Name Of Additional Insured Person(s) 

Or Oraanizationlsl: Location And Description Of Completed Operations 

As required by written contract As required by written contract 

Information required to complete th is Schedule, if not shown above, Viii II be shown in the Declarations. 

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 "productscompleted operations hazard". 

CG 20 37 07 04 © ISO Properties, Inc., 2004 Page 1 of 1 

Case 1:20-cv-00474-RP Document 15-2 Filed 09/02/21 Page 87 of 119
COMMERCIAL GENERAL LIABILITY 

CG 214707 98 

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. 

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 or discrimination 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 

employment-related practices described in 

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

This exclusion applies: 

(1) Whether the insured may be liable as an 

employer or in any other capacity; and 

(2) 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 or discrimination 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 insured may be liable as an 

employer or in any other capacity; and 

(2) To any obligation to share damages with or 

repay someone else who must pay damages because of the injury. 

CG 214707 98 Copyright, Insurance Services Office, Inc., 1997 Page 1 of 1 • 

Case 1:20-cv-00474-RP Document 15-2 Filed 09/02/21 Page 88 of 119
POLICY NUMBER: NJ-CGL-0000009684-02 COMMERCIAL GENERAL LIABILITY 

CG 21 54 01 96 

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. 

EXCLUSION- DESIGNATED OPERATIONS COVERED BY 

A CONSOLIDATED (WRAP-UP) INSURANCE PROGRAM 

This endorsement modifies insurance provided under the following: 

COMMERCIAL GENERAL LIABILITY COVERAGE PART 

SCHEDULE 

Description and Location of Operation(s): 

All locations. 

(If no entry appears above, information required to complete this endorsement will be shown in the Dedarations 

as applicable to this endorsement.) 

The following exdusion is added to paragraph 2., 

Exdusions of COVERAGE A- BODILY INJURY AND 

PROPERTY DAMAGE LIABILITY (Sedion I -

Coverages): 

This insurance does not apply to "bodily injury" or 

"property damage" arising out of e~her your ongoing 

operations or operations included ~hin the 

"products-completed operations hazard" at the 

location described in the Schedule of this 

endorsement, as 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. 

CG 21540196 Copyright, Insurance Services Office, Inc., 1994 Page 1 of 1 

Case 1:20-cv-00474-RP Document 15-2 Filed 09/02/21 Page 89 of 119
COMMERCIAL GENERAL LIABILITY 

CG 215509 99 

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. 

TOTAL POLLUTION EXCLUSION 

WITH A HOSTILE FIRE EXCEPTION 

This endorsement modifies insurance provided under the following: 

COMMERCIAL GENERAL LIABILITY COVERAGE PART 

Exclusion f. 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: 

f. Pollution 

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

would not have occurred in whole or part but 

for the actual, alleged or threatened discharge, 

dispersal, seepage, migration, release or 

escape of "pollutants" at any time. 

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 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; or 

(b) At 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 to test for, monitor, 

clean up, remove, contain, treat, detoxify, 

neutralize or in any way respond to, or 

assess the effects of, "pollutants". 

(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". 

CG 215509 99 Copyright, Insurance Services Office, Inc., 1998 Page 1 of 1 • 

Case 1:20-cv-00474-RP Document 15-2 Filed 09/02/21 Page 90 of 119
COMMERCIAL GENERAL LIABILITY 

CG 2167 0402 

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. 

FUNGI OR BACTERIA EXCLUSION 

This endorsement modifies insurance provided underthe following: 

COMMERCIAL GENERAL LIABILl1Y COVERAGE PART 

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

Exclusions of Section I - Coverage A - Bodily 

lnjuryAnd PropertyDamageliability: 

2. Exclusions 

This insurance does not apply to: 

Fungi or Bacteria 

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

would not have occurred, in whole or in 

part, but for the actual, alleged or 

threatened inhalation of, ingestion of, 

contact with, exposure to, existence of, or 

presence of, any "fungi" or bacteria on or 

within a building or structure, including its 

contents, regardless of whether any other 

cause, event, material or product 

contributed concurrently or in any sequence 

to such injury or damage. 

b. Any loss, cost or expenses arising out of 

the abating, testing for, monitoring, cleaning 

up, removing, containing, treating, 

detoxifying, neutralizing, remediating or 

disposing of, or in anyway responding to, 

or assessing the el feels of, 'fungi" or 

bacteria, by any insured or by any other 

person or entity. 

This exclusion does not apply to any "fungi" or 

bacteria that are, are on, or are contained in, a 

good or product intended for consumption. 

B. The following exclusion is adde d to Paragraph 2., 

Exclusions of Section I - CoverageB -Personal 

And Advertising Injury Liability: 

2. Exclusions 

This insurance does not apply to: 

Fungi or Bacteria 

a. "Personal and advertising injury" which 

would not have taken place, in whole or in 

part, but for the actual, alleged or 

threatened inhalation of, ingestion of, 

contact with, exposure to, existence of, or 

presence of any 'fungi" or bacteria on or 

within a building or structure, including its 

contents, regardless of whether any other 

cause, event, material or product 

contributed concurrently or in any sequence 

to such injury. 

b. Any loss, cost or expense arising out of the 

abating, testing for, monitoring, cleaning up, 

removing, containing, treating, detoxif ying, 

neutralizing, remediating or disposing of, or 

in anyway responding to, or asses sing the 

effects of, "fungi"or bacteria, by any 

insured or by any other person or entity. 

C. The following definition is added to the Definitions 

Section: 

"Fungi" means any type or form of fungus, 

including mold or mildew and any mycotoxins, 

spores, scents or byproducts produced or 

released by fungi. 

CG21670402 © ISO Properties, Inc., 2001 Page 1 of 1 • 

Case 1:20-cv-00474-RP Document 15-2 Filed 09/02/21 Page 91 of 119
COMMERCIAL GENERAL LIABILITY 

CG 21 960305 

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. 

SILICA OR SILICA-RELATED DUST EXCLUSION 

This endorsement modifies insurarce 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 appy 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 

par1 out of the actual, alleged, threatened or 

suspected contact with, exposure to, 

existence of, or presence of, "silica" or 

"silica-related 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 ad:Jed 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 advertsing 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 

"silica-related 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, ds:oxifying, neutralizing, 

remediating or disposing of, or in any way 

responding to or asS=ssing 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 ether dust or particles. 

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

Case 1:20-cv-00474-RP Document 15-2 Filed 09/02/21 Page 92 of 119
COMMERCIAL GENERAL LIABILITY 

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. 

REAL ESTATE PROPERTY MANAGED 

This endorsement modifies insurance provided under the following: 

COMMERCIAL GENERAL LIABILITY COVERAGE PART 

This insurance does not apply to "property damage" to property you operate or manage or as to which you act as 

agent for the collection of rents or in any other supervisory capacity. 

With respect to your liability arising out of your management of property for which you are acting as real estate 

manager this insurance is excess over any other valid and collectible insurance available to you. 

CG22701185 Copyright, Insurance Services Office, Inc., 1984 Page 1 of 1 • 

Case 1:20-cv-00474-RP Document 15-2 Filed 09/02/21 Page 93 of 119
COMMERCIAL GENERAL LIABILITY 

CG 2279 07 98 

THIS ENOORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. 

EXCLUSION - CONTRACTORS - PROFESSIONAL 

LIABILITY 

This endorsement modifies insurance provided under the follavving: 

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 and Paragraph 

2., Exclusions of Section I -Coverage B - Personal 

And Advertising Injury Liability: 

1. This insurance does not apply to "b:Jdily injury", 

"property damage" or "personal and advertising 

injury" arising out of the rendering of or failure to 

render any professional services by you or on your 

behalf, but only with respect to either or both of the 

following operations: 

a. Providing engineering, arch[ectural or surveying 

services to others in your capacity as an 

engineer, architect or surveyor; and 

b. Providing, or hiring independent professionals to 

provide, engineering, architectural or surveying 

services in connection with construction work 

you perform. 

2. Subject to Paragraph 3. below, professional 

services include: 

a. Preparing, approving, or failing to prepare or 

approve, maps, shop drawings, opinions, 

reports, surveys, field orders, change orders, or 

drawings and specifications; and 

b. Supervisory or inspection activities performed 

as part of any related architectural or 

engineering activities. 

3. Professional services do not include services within 

construction means, methods, techniques, 

sequences and procedures employed by you in 

connection with your operations in your capacity as 

a construction contractor. 

CG 22 79 07 98 Copyright, Insurance Services Office, Inc., 1997 Page 1 of 1 • 

Case 1:20-cv-00474-RP Document 15-2 Filed 09/02/21 Page 94 of 119
COMMERCIAL GENERAL LIABILITY 

CG 23 0112 04 

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. 

EXCLUSION - REAL ESTATE AGENTS OR BROKERS 

ERRORS OR OMISSIONS 

This endorsement modifies insurance provided under the fol lowing: 

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 and Paragraph 

2. Exclusions of Section I - Coverage B - Personal 

And Advertising Injury Liability: 

This insurance does not apply to "bodily injury", 

"property damage" or "personal and advertising injury" 

arising out of any misrepresentation, error or omission 

by you or any real estate agent or broker who is either 

employed by you or performing work on your behalf in 

such capacity. 

CG 23 0112 04 © ISO Properties, Inc., 2003 Page 1 of 1 • 

Case 1:20-cv-00474-RP Document 15-2 Filed 09/02/21 Page 95 of 119
POLICY NUMBER NJ-CGL-0000009684-02 COMMERCIAL GENERAL LIABILITY 

CG 24 04 05 09 

WAIVER OF TRANSFER OF RIGHTS OF RECOVERY 

AGAINST OTHERS TO US 

This endorsement modifies insurance provided under the following: 

COMMERCIAL GENERAL LIABILITY COVERAGE PART 

PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART 

SCHEDULE 

Name Of Person Or Organization: 

As required by written contract 

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

The following is added to Paragraph 8. Transfer Of 

Rights Of Recovery Against Others To Us of 

Section IV- Conditions: 

We waive any right of recovery we may have against 

the person or organization shown in the Schedule 

above because of payments we make for injury or 

damage arising out of your ongoing operations or 

"your work" done under a contract with that person 

or organization and included in the "productscompleted operations hazard". This waiver applies 

only to the person or organization shown in the 

Schedule above. 

CG 24 04 05 09 © Insurance Services Office, Inc., 2008 Page 1 of 1 • 

Case 1:20-cv-00474-RP Document 15-2 Filed 09/02/21 Page 96 of 119
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY 

PRIMARY AND NON-CONTRIBUTING INSURANCE 

This endorsement modfies insurance provided under the following: 

COMMERCIAL GENERAL LIABILITY COVERAGE PART 

PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART 

To the extent that this insurance is afforded to any additional insured L11der this policy, SECTION IV - COMMERCIAL 

GENERAL LIABILITY CONDITIONS, 4. Other lnsu ranc~ is deleted in its entirety and replaced with the following condition: 

4. Other Insurance 

If all of the other insurance r:ermits contribution by equal shares, we will follow this method unless the insured is 

required Of written contract signed by both parties, to provide insurance that is primary and non-contributory, and the 

"insured contract" is executed prior to any loss. Where required by a written contract signed by bcth parties, this 

insurance will be primary and non-contributing only when and to the extent as required by that contract. 

However, under the contributory approa:: h each insurer contributes equal arrounts until it has paid its applicable I imit of 

insurance or none of the loss remains, whichever comes first. If any of the otler 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 I im its of insurance of all insurers. 

ALL OTHER TERMS AND CONDITKlNS OF THE POLICY REMAIN UNCHANGED. 

This endorsement forms a part of the Policy to which atE.ched, effective on the inception da1e of the Policy unless otherwise 

stated herein. 

(The following information is required only when this endorsement is issued subsequent to preparation of the Policy.) 

Endorsement effective 

Named Insured 

FM IC-GL-1002( 10/2012) 

Policy No. EndorsementNo. 

Countersigned by ____________________ _ 

Case 1:20-cv-00474-RP Document 15-2 Filed 09/02/21 Page 97 of 119
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. 

CROSS SUITS ENDORSEMENT 

This endorsement modifies insurance provided under the following: 

COMMERCIAL GENERAL LIABILITY COVERAGE PART 

PRODUCTS/COMPLETED OPERATIONS COVERAGE PART 

SECTION I - COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY, 2. Exclusions and 

COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY, 2. Exclusions and SECTION I - COVERAGES 

PRODUCTS/COMPLETED OPERATIONS BODILY INJURY AND PROPERTY DAMAGE LIABILITY, 2. Exclusions are 

amended and the following is added: 

CROSS SUITS EXCLUSKlN 

This Policy does not apply to a claim, demand or "suit" for damages initiated, alleged, or caused to be brought aOOut by a 

Named Insured covered by this Policy against any other Named Insured. It is the intent of this exclusion to exclude from this 

insurance all claims, demands or "suits" as above described. 

This encbrsement forms a part of the Policy to which attached, effective on the inception da1e of the Policy unless otherwise 

stated herein. 

(The following information is required only when this endorsement is issued subsequent to preparation of the Policy.) 

Endorsement effective 

Named Insured 

FMIC-GL-2010(11/2011) 

Policy No. Endorsement No. 

Countersigned by _______________ _ 

(Authorized Representative) 

Case 1:20-cv-00474-RP Document 15-2 Filed 09/02/21 Page 98 of 119
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. 

CONTINUOUS OR PROGRESSIVE INJURY AND DAMAGE EXCLUSION 

This endorsement modifies insurance provided under the following: 

COMMERCIAL GENERAL LIABILITY COVERAGE PART 

PRODUCTS/COMPLETED OPERATIONS COVERAGE PART 

OWNERS AND CONTRACTORS PROTECTIVE COVERAGE PART 

It is agreed under Section I - COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY, 

1. Insuring Agreement, Paragraph b (3), c and dare deleted in their entirety and the following exclusion is added to Section I, 

2. Exclusions of this policy. 

This insurance does not apply to: 

1. Any damages arising out of or rela1ed to "bodily injury" or "pror:erty damage" whether such "bodily injury" or 

"property damage" is known or unknown, 

(a) which first occurred in whole or in part prior to the inception date of this policy (or the retroactive date of this 

policy, if any; whichever is earlier); or 

(b) which are, or are alleged to t:e, in the process of occurring as of the inception date of the policy (or the retroactive 

date of this policy, if any; whichever is earlier) even if the "bodily injury," or "pror:erty damage" continues during 

this policy period; or 

(c) which were caused, or are alleged to have been caused, by the same condition(s) or defective construction which 

first existed prior to the inception date of this policy. 

2. Any damages arising out of or related to "bodily injury" or "property damage" whether known or unknown, which are 

in the process of adjustment, settlement, or "suit" as of the inception date of this policy (or the retroactive date of 

this policy, if any; whichever is earlier). 

We shall have no duty to defend any insured against any loss, claim, "suit," or other proceeding alleging damages arising out of 

or related to "OOdily injury" or "property damage" to which this endorsement applies. 

ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. 

This encbrsement forms a part of the Policy to which attached, effective on the inception da1e of the Policy unless otherwise 

stated herein. 

(The following information is required only when this endorsement is issued subsequent to preparation of the Policy.) 

Endorsement effective 

Named Insured 

FMIC-GL-2011(04/2011) 

Policy No. Endorsement No. 

Countersigned by ________________ _ 

Case 1:20-cv-00474-RP Document 15-2 Filed 09/02/21 Page 99 of 119
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY 

POLICY DEDUCTIBLE ENDORSEMENT 

This endorsement modifies insurance provided under the following: 

COMMERCIAL GENERAL LIABILITY COVERAGE PART 

SCHEDULE 

AMOUNT AND BASIS OF DEDUCTIBLE 

COVERAGE A 

BODILY INJURY LIABILITY 

OR 

PROPERTY DAMAGE LIABILITY 

OR 

BODILY INJURY LIABILITY AND/OR 

PROPERTY DAMAGE LIABILITY COMBINED 

COVERAGE B 

PERSONAL AND ADVERTISING INJURY LIABILITY 

PER CLAIM 

$ 

$ 

$ 

PER INJURY 

$5,000 

PER OCCURRENCE 

$ 

$ 

$5,000 

A. Our obligation under the Bodily Injury Liability, Property Damage Liability, Personal and Advertising Injury Liability 

Coverages to pay damages and Supplementary Payments on your behalf applies only to the amount of damages and 

Supplementary Payments in excess of any deductible arrounts stated in the Schedule above as applicable to such 

coverages. 

B. Your policy may have a deductible amount on either a per claim, a per "occurrence" or a per injury basis. Your deductible 

applies to the coverage option and to the basis of the deductible indicated by the placement of the deductible amount in the 

Schedule abate. The deductible amount stated in the Schedule above applies as follows: 

1. PER CLAIM BASIS. If the deductible amount indicated in the Schedule abate 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 CO\lerage, to all damages sustained by any one person because of "property 

damage"; 

c. Under Bodily Injury Liability and/or 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; or 

d. Under Supplementary Payments-Coverages A and B, to all amounts we pay in the defense and investigation of 

any claim or "suit" to which this insurance applies 

as the result of any one "occurrence." 

If damages are claimed for care, loss of services 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 incl L.des an organization. 

FMIC-GL-2015(1 Q/2011) Page 1 of 2 

Case 1:20-cv-00474-RP Document 15-2 Filed 09/02/21 Page 100 of 119
2. PER OCCURRENCE BASIS. If the deductible amount indicated in the Schedule above 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"; 

c. Under Bodily Injury Liability and/or Property Damage Liability Coverage Combined, to all damages because of: 

(1) "Bodily injury"; 

(2) "Property damage"; or 

(3) "Bodily injury" and"property damage" combined; or 

d. Under Supplementary Payments-Coverages A and B, to all amounts we pay in the defense and investigation of 

any claim or "suit" to which this insurance applies 

as the result of any one "occurrence," regardless of the number of persons or organizations who sustain damages 

because of that "occurrence." 

3. PER INJURY BASIS. If the deductible amount indicated in the Schedule above is on a per injury basis. the deductible 

amount applies as follows: 

a. Under the Personal and advertising Injury Liability Coverage to all damages because of "personal and advertising 

injury" sustained by any one person or organization as a result of any one injury. 

b. Under Supplementary Payments-Coverages A and B, to all amounts we pay in the defense and investigation of 

any claim or "suit" to which this insurance applies. 

C. The terms of this insurance, including those with resr:ect 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 irresr:ective of the application of the deductible amount. 

D. We, at our sole election and option, may either: 

1. Pay any part of or all of the deductible amount to effect settlement of any claim or "suit" or payment of Supplementary 

Paymen1s. Upon notification of the action taken, you shall promptly reimburse us for such part of the deductible amount 

as has been paid by us; or 

2. Simultaneously upon receipt of notice of any claim or "suit," or at any time thereaf1er, request you pay or derx,sit with 

us all or any part of the deductible amount, to be held and applied by us as herein provided. 

E. The deductible may not be satisfied by payments made by any additional insured, any other insurance, or any other insurer, 

unless such payments are made under a policy written specifically to cover the deductible obligations under this policy. 

ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. 

This endorsement forms a part of the rx,licy to which attached, effective on the inception date of the policy unless otherwise 

stated herein. 

(The following information is required only when this endorsement is issued subsequent to preparation of the policy.) 

Endorsement effective 

Named Insured 

FM IC-GL-2015( 10/2011) 

Policy No. Endorsement No. 

Countersigned by ___________________ _ 

Page 2 of 2 

Case 1:20-cv-00474-RP Document 15-2 Filed 09/02/21 Page 101 of 119
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. 

DESIGNATED CONSTRUCTION PROJECT(S) 

GENERAL AGGREGATE LIMIT SUBJECT TO A 

TOTAL POLICY AGGREGATE LIMIT 

This endorsement modifies insurance provided under the following: 

COMMERCIAL GENERAL LIABILITY COVERAGE PART 

PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART 

SCHEDULE 

Designated Construction Projects: 

All projects where required by written contract 

(If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable 

to this endorsement.) 

A. For all sums which the insured becomes legally obligated to pay as damages caused by "occurrences" under 

COVERAGE A (SECTION I), which can be attributed only to ongoing operations at a single designated construction 

project shown in the Schedule above: 

1. A separate Designated Construction Project General Aggregate Limit applies to each designated construction project, 

and that limit is equal to the amount shown in the Declarations of this policy. 

2. Subject to the Total Policy Aggregate Limit, the Designated 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," regardless of the number of: 

a. lnsured's; 

b. Claims made or "suits" brought; or 

c. Persons or organizations making claims or bringing "suits." 

FMIC-GL-2017 (01/2011) Page 1 of 2 

Case 1:20-cv-00474-RP Document 15-2 Filed 09/02/21 Page 102 of 119
3.Any payments made under COVERAGE A for damages shall reduce the Designated Construction Project General 

Aggregate Limit for that designated construction project. Subject to the Policy Aggregate Limit, such payments shall 

not reduce the General Aggregate Limit shown in the Declarations nor shall they reduce any other Desig:,ated 

Construction Project General Aggregate Limit for any other designated construction project shown in the Schedule 

above. 

4. The limits shown in the Declarations for Each Occurrence 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 Designated 

Construction Project General Aggregate Limit and the Total Policy Aggregate Limit. 

B. For all sums which the insured becomes legally obligated to pay as damages caused by "occurrences" under COVERAGE 

A (SECTION I), which can rot be attributed only to ongoing operations at a single designated construction project shown in 

the Schedule aOOve: 

1. Any payments made under COVERAGE A for damages shall reduce the amount available under the General 

Aggregate Limit or the Products-Completed Operations Aggregate Limi~ whichever is applicable; and 

2. Such payments shall not reduce any Designated Construction Project General Aggregate Limit. 

3. Such payments will reduce the Policy Aggregate Limit. 

C. When coverage for liability arising out of the "products-completed operations hazard" is provided, any payments for 

damages because of "OOdily injury" or "property damage" included in the products-completed operations hazard will reduce 

the Products-Completed Operations Aggregate Limit, and not reduce the General Aggregate Limit, the Designated 

Construction Project General Aggregate Limit nor the Total Policy Aggregate Limit. 

D. If the apf)icable designated construction project has been abandoned, delayed, or abandoned and then restarted, or if the 

authorized contracting parties deviate from plans, blueprints, designs, sr:ecifications or timetables, the project will still be 

deemed to be the same construction project. 

E. The Total Policy Aggregate Limit scheduled in the Declarations of this policy is the most we will pay for the sum of: (a) all 

damages covered under this policy and falling within the scheduled Designated Construction Project General Aggregate 

Limits descrit:ed in Paragraph A. of this endorsement; and, (b) all damages covered under this policy and falling within the 

General Aggregate Limit, as described in Paragraph B. of this endorsement and as set forth in the provisions of Limits of 

Insurance (SECTION Ill) not otherwise modeled by this endorsement. The Total Policy Aggregate Limit applies regardless 

of the sums indicated in the Declarations for any General Aggregate Limit, or Designated Construction Project General 

Aggrega1e Limit, as applicable to all construction projects set forth in the Schedule above. The Total Policy Aggregate 

Limit applies collectively, rather than separately, to all of your scheduled construction projects. The Total Policy Aggregate 

Limit is not reduced by payments for damages covered under this policy and falling within the "products-completed 

operations hazard," but such payments will reduce the Products-Completed Operations Aggregate Limit, as described in 

Paragraph C. of this endorsement. 

F. The provisions of Limits Of Insurance (SECTION Ill) not otherwise modified by this endorsement shall continue to apply as 

stipulated. 

ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. 

This endorsement forms a part of the Policy to which attached, effective on the inception date of the Policy unless 

otherwise stated herein. 

(The following information is required only when this endorsement is issued subsequent to preparation of the Policy.) 

Endorsement effective Policy No. Endorsement No. 

Named Insured 

Countersigned by ___________________ _ 

FMIC-GL-2017 (01/2011) Page 2 of 2 

Case 1:20-cv-00474-RP Document 15-2 Filed 09/02/21 Page 103 of 119
THIS ENDORSEMENT CHANGES THE POLICY PLEASE READ IT CAREFULLY 

NAMED INSURED 

This endorsement modifies insurance provided under the follovving: 

COMMERCIAL GENERAL LIABILITY COVERAGE PART 

Item 1. Named Insured is hereby amended on the Policy Declarations Page to include the follovving: 

D L Phillips Construction, Inc. dba 

Ja-Mar Roofing, Ja-Mar Exteriors, Ja-Mar Roofing & Sheet Metal, Ja-Mar Solar 

ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. 

This endorsement forms a part of the Policy 1D Vv'hich attached, effective on the inception date of the Policy unless othervvise 

stated herein. 

(f he follovving information is required only when this endorsement is issued subsequent to preparation of the Policy.) 

Endorsement effective 

Named Insured 

FMIC-GL-2052(1 Q/2010) 

Policy No. Endorsement No. 

Countersigned by 

Case 1:20-cv-00474-RP Document 15-2 Filed 09/02/21 Page 104 of 119
TH IS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. 

HAZARDOUS MATERIALS EXCLUSION 

This endorsement modifies insurance provided under the following: 

COMMERCIAL GENERAL LIABILITY COVERAGE PART 

PRODUCTS/COMPLETED OPERATIONS COVERAGE PART 

OWNERS AND CONTRACTORS PROTECTIVE COVERAGE PART 

A. SECTION I - COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY, 

2. Exclusions, and SECTION I - COVERAGES, COVERAGE B PERSONAL AND ADVERTISING INJURY 

LIABILITY, 2. Exclusions, and SECTION I - COVERAGES, PRODUCTS/COMPLETED OPERATIONS 

BODILY INJURY AND PROPERTY DAMAGE LIABILITY, 2. Exclusions, and SECTION I - COVERAGES 

BODILY INJURY AND PROPERTY DAMAGE LIABILITY are amended and Ire following Exclusion is added: 

Hazardous Materials 

(1) "Bodily injury," "property damage" or "personal and advertising injury" which would not have occurred in 

whole or part but for the actual, alleged or threatened discharge, ingestion, inhalation, dispersal, seepage, 

migration, release or escape of "hazardous materials" 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 "hazardous materials"; 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 "hazardous materials." 

(3) Any obligations to share damages with or indemnify another party whom must pay damages because of 

injury or damage relating to" hazardous materials." 

(4) Any sur:ervision, instru:tions, recommendations, warnings or advice given or which should have been given 

in connection with paragraphs(1), (2), or(3)above. 

This exclusion applies whether or not such "hazardous material(s)" has any function in your business, 

operations, premises, site or location. 

B. SECTION V-DEFINITIONS is amended and the following added: 

"Hazardous materials" means "pollutants," toxic substances, lead, asbestos, silica and materials containing 

them. 

ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. 

This endorsement forms a part of the Policy to which attached, effective on the inception date of the Policy unless 

otherwise stated herein. 

(The following information is required only when this endorsement is issued subsequent to preparation of the Policy.) 

Endorsement effective 

Named Insured 

FM IC-GL-2076(04/2011) 

Policy No. Endorsement No. 

Countersigned by ___________________ _ 

Case 1:20-cv-00474-RP Document 15-2 Filed 09/02/21 Page 105 of 119
THIS ENDORSEMENT CHANGES THE POLICY PLEASE READ IT CAREFULLY 

EXCLUSION - SPECIFIED STATE OPERATIONS EXCLUSION 

This endorsement modifies insurance provided under the follovving: 

COMMERCIAL GENERAL LIABILITY COVERAGE PART 

PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART 

OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART 

SECTION I - COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY, 2. Exclusions, and 

SECTION I - COVERAGES, PRODUCTS/COMPLETED OPERATIONS BODILY INJURY AND PROPERTY DAMAGE 

LIABILITY, 2. Exclusions, and SECTION I - COVERAGES, BODILY INJURY AND PROPERTY DAMAGE LIABILITY, 

2. Exclusions are amended and the follovving Exclusion is added: 

This policy does not apply to "bodily injury" or "property damage" arising out of "your work" or out of any lnsured's work, 

operations or contractual obligations in the following states: 

Alaska, Arizona, California, 

Colorado, Hawaii, Nevada, New 

York, Oregon, 

South Carolina, Washington 

This exclusion applies regardless of Vv'hether such work or operations are conducted by the insured or on behalf of the insured 

or Vv'hether the operations are conducted for the insured or for others. This exclusion applies to all work and operations whether 

completed or in progress. 

ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. 

This endorsement forms a part of the Policy to Vv'hich attached, effective on the inception date of the Policy unless othervvise 

stated herein. 

(fhe following information is required only \A/hen this endorsement is issued subsequent to preparation of the Policy.) 

Endorsement effective 

Named Insured 

FMIC-G L-2125(07/2011) 

Policy No. Endorsement No. 

Countersigned by ___________________ _ 

Case 1:20-cv-00474-RP Document 15-2 Filed 09/02/21 Page 106 of 119
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. 

SUBSIDENCE EXCLUSION 

This endorsement modifies insurance provided under the following: 

COMMERCIAL GENERAL LIABILITY COVERAGE PART 

PRODUCTS/COMPLETED OPERATIONS COVERAGE PART 

OWNERS AND CONTRACTORS PROTECTIVE COVERAGE PART 

SECTION I - COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY, 2. Exclusions and 

COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY, 2. Exclusions and SECTION I - COVERAGES 

PRODUCTS/COMPLETED OPERATIONS BODILY INJURY AND PROPERTY DAMAGE LIABILITY, 2. Exclusions and 

SECTION I - COVERAGES BODILY INJURY AND PROPERTY DAMAGE LIABILITY, 2. Exclusions are amended and the 

following is added: 

This insurance does not apply to: 

"Bodily injury" or "property damage" directly or indirectly arising out of caused by, resulting from, contributed to, aggravated by 01 

related to the subsidence, settling, settlement, expansion, sinking, slipping, falling away, tilting, caving in, shifting eroding, rising, 

heaving, landslide, flood or mud flow, earthquake, volcanic eruption or other tectonic processes or any other movement, of land 

or earth, however caused, and whether by natural, manmade, accidental or artificial means. This exclusion applies regardless o1 

any other cause or event that contributes concurrently or in any sequence to the "bodily injury" or "property damage." 

We shall have no duty or obligation on our part under this insurance to defend, respond to, investigate or indemnify any insured 

against any loss, claim, "suit," or other proceeding alleging damages arising out of or related to "bodily injury" or "property 

damage" to which this endorsement applies. 

This exclusion also applies to any obligation to, share damages with, repay or indemnify someone else who must pay damages 

because of such "bodily injury" or "pror:erty damage." 

ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. 

This endorsement forms a part of the Policy to which attached, effective on the inception date of the Policy unless otherwise 

stated herein. 

(The following information is required only when this endorsement is issued subsequent to preparation of the Policy.) 

Endorsement effective 

Named Insured 

FM IC-GL-2152(07/2011) 

Policy No. Endorsement No. 

Countersigned by ____________________ _ 

Case 1:20-cv-00474-RP Document 15-2 Filed 09/02/21 Page 107 of 119
THIS ENDORSEMENT CHAN3ES THE POLICY PLEASE READ IT CAREFULLY 

MINIMUM EARNED PREMIUM ENDORSEMENT 

The following additional policy Conditions supersede any other policy conditions and the Named Insured hereby agrees that the 

total policy premium and minimum earned premiu m(s) due for th is policy shal I be calculated in aocordance with the lo llowing: 

Total Policy Premium 

This policy is subject to a Total Policy Premium which means the premium that is calculated as fdlows 

1. The deposit premium as shown in the policy Declarations, plus 

2. Any premium adjustment by endorsement, plus 

3. Any additional premium developed by audit 

The premium entered on the Declarations page of this policy as DEPOSIT PREMIUM is a prm,isional premium only and is 

subject to adjustment in accordance wth our rules rates and the Premium Audit provisions of this policy. 

A. Minimum Earned Premium by Date Certain 

If the box below is checked and a date filled in where applicable the minimum earned premium for this policy will be 100% 

earned by the specific date referenced in this endorsement and there wl I be no return of prennum if you cancel this policy. 

D After ( ) the premium is fully earned. 

B. Audits and Minimum Earned Premium 

With regard to audits the Minimum Annual Premium is 85% of the DEPOSIT PREMIUM as stated in the policy 

Declarations. Premium adjustments affected as a result of premium audits may be done while the policy is in 

effect or after the policy is no longer in effect. The due date for audit premiums is the date shown as the due 

date on the bill. 

C. Cancellation and Minimum Earned Premium 

1. If you cancel this policy, the return premium w II be the lesser of: 

a. 90% of the pro rata unearned premium or 

b. 75 % of the Daposit Premium. 

2. If the Named Insured fails to remit premium payment when due, such failure shall te considered a request by the 

Named Insured to cancel this policy and the return premium wll be determined in aocordance with C 1. 

3. If we cancel the policy for any reason, other than for non-payment of premium, the "nnnimum earned premium" shall 

not apply. We will return to you the pro rata amount of the unearned premium. 

AU. OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. 

This endorsement forms a part of the Policy to which attached, effective on the inception date of the Policy unless otherwise 

stated herein. 

(The following information is required only when this endorsement is issued subsequent to preparation of the Policy.) 

Endorsement effective 

Named Insured 

FMIC-GL-2163(05/2012) 

Policy No. Endorsement No. 

Cc untersig ned by 

Case 1:20-cv-00474-RP Document 15-2 Filed 09/02/21 Page 108 of 119
TH IS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. 

ROOFING OPERATIONS WARRANTIES 

This endorsement modifies insurance provided under the following: 

COMMERCIAL GENERAL LIABILITY COVERAGE PART 

It is understood and agreed that such Insurance as provided by this pol icy is modified and subject to the following provisions: 

It is a condition precedent to liability and coverage under this policy when performing "roofing operations work" that the insured, 

additional insured or subcontractor comply with all roofing operations procedures, protective safeguards, conditions and 

warranties as indicated in this endorsement. 

1. You have taken "appropriate" steps to determine any approaching adverse weather in advance of any job or work 

commencing. 

2. You have taken "appropriate" steps to provide a temporary waterproof covering for an "open roof" able to withstand the 

normal elements. 

3. The cover must be put in place if the "open roof' and job-site is to be left unattended for more then four hours. 

4. You must conduct a diligent insr:ection of any hot tar or heat application work immediately preceding your departure 

from the premises. You are further required to "document" the insr:ection. 

5. The insured will remain at the job-site of any hot tar or heat application job-site for a period of not less than one hour 

after the hot tar or heat ar:plication process has been completed. You are further required to "document" the time line. 

6. The insured will have at hand a functional, fully charged 15 lb. or larger dry chemical fire extinguisher when hot tar or 

other heat application process is t:eing used. 

The following additional definitions as used in this endorsement appy: 

"Open Roof." The term "open roof" as used herein shall include any roof or section of roof thereof where shingles, tar, felt 

paper or any other protective covering has been removed, thereby leaving exposed any supporting structure, decking, wood 

shell, building interior or contents of any building to the elemen1s. 

"Appropriate." The term "appropriate" as used herein means actions customarily and normally taken/used by roofing 

contractors in the same field to protect or prevent damage under similar circumstances. 

"Document." The term "document" as used herein means the insured or others working on your behalf will have a designated 

employee complete a signed and da1ed written report for each job-site of each inspection showing the time of the completion of 

work and the time of any required and completed inspections. 

"Roofing Operations Work" means all work performed in connection with the application of weatherproofing and protective or 

roofing materials of any kind to roofs of buildings or other structures. The term shall also include all work performed in 

connection with: (a) the installation of roofs, including related metal work such as flashing, and (b) alterations, additions, 

maintenance, and repair, including r:ainting and coating of existing roofs. The term shall also include but is not limited to gutter 

and downspout work, the construction of the sheathing or base of roofs, or the installation of television antennas, air 

conditioners, exhaust and ventilating equipment, s kyl igh1s, solar pane Is ors im ilar appliances attached to roofs. 

The failure to fulfill the conditions precedent to liability and coverage under this policy as stated will render coverage under this 

policy null and void, at the sole option of the company. However, these warranties and policy conditions do not apply to 

"property damage" included within the "products-completed operations hazard." 

ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. 

This endorsement forms a part of the Policy to which attached, effective on the inception date of the Policy unless otherwise 

stated herein. 

(The following information is required only when this endorsement is issued subsequent to preparation of the Policy.) 

Endorsement effective 

Named Insured 

FM IC-GL-2169(09/2012) 

Policy No. Endorsement No. 

Countersigned by ____________________ _ 

Case 1:20-cv-00474-RP Document 15-2 Filed 09/02/21 Page 109 of 119
THIS ENDORSEMENT CHANGES THE POLICY PLEASE READ IT CAREFULLY 

EXCLUSION OF TERRORISM 

Notwithstatldi ng anything to the contrary contained in the policy or any endorsement attached thereto, it is agreed that this 

insurance does not ar:ply to "any injury or damage" caused directly by or as a consequence of a "certified act of terrorism" or 

"other act of terrorism," including any action not othervvise excluded under the War and Military Action exclusion that is taken 

by a government or severe ign pov,,e r (de jure or de facto) in controlling, preventing, sur:pressi ng, retaliating against or in any 

way responding to a "certified act of terrorism" or "other act of terrorism." Such injury or damage is excluded regardless of 

any other cause or event that contributes cona..mently or in any sequence to the loss, even if the act of a "certified act of 

terrorism" or "other act of terrorism," that causes or results in the loss or damage itself is itself a cause of loss that is 

othel"\Mse insured against under this pdicy. 

If, by reason of this exclusion, we allege that any loss or damage under this policy is not covered, the burden of proving that 

such loss or damage is cove red shall be upon you. 

The foll o1⁄4ing 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 encbrsement is applica~e, and includes b.Jt is not limited to "bodily injury," "property 

damage," "personal and advertising injury," 'l njury," "environmental danag e" or ''errors or omissions" as may be defined 

in any applica~e Coverage Part 

2. "Certified act of terrorism" means an act that is certified by the Secretary of the Treasury, in concurrence \Mth the 

Secretary of State and the Attorney General of the United States, to be an act of terrorism pursuant to the federal 

Terrorism Risk Insurance kt. The criteria contained in the Terrorism Risk Insurance Act fcr a "certified act of terrorism" 

include the follo1⁄4i ng: 

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 Ac~ 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. 

3. "Other act of terrorism" means any violent act that is dangerous or destructive to human life, property or infrastructure, 

whether actual or threatened, and Vv'h ether committed by one or more persons acting a looe or in connection with any 

group or organization. The act must not be certified as a "certified act of terrorism" pursuant to the federal Terre rism 

Risk lnsuran::e Act and the act must contain one or more of the follovvi ng criteria: 

a. The act is intended to influence, coerce or protest against the a::tions, behavior or policies of any government or 

sovereign power (de jure or de facto) or any segment of the government or sovereign; or 

b. To further any political, ideological, econ011ic, religious or social aim, objective or cause; or 

c. To disrupt any segment of the global econcrny or the econcrny of any country or political state. 

It is the intent of this endorsement to exclude from this insurance all daims, demands or "suits" arising from the insurable 

coverage excluded under th is endorsement There shall, therefore, be no duty or obligatioo on our part under this insurance to 

defend, respond to, investigate or indemnify anyone, including but not limited to you, your agents, servants or employees, or any 

third parties for any such claim, demand or suit. 

ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. 

This endorsement forms a part of the Pd icy to which attached, effective on the inception date of the Policy unless otherwise 

stated here in. 

(The fo llovvi ng information is required only when this endorsement is issued subsequent to preparation of the Policy.) 

Endorsement effective 

Named Insured 

FMIC-GL-2172 (07/2011) 

Policy No. Endorsement No. 

Countersigned by ___________________ _ 

Case 1:20-cv-00474-RP Document 15-2 Filed 09/02/21 Page 110 of 119
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. 

EXCLUSION - BLASTING AND USE OF EXPLOSIVES 

This encbrsement modifies insurance provided under the following: 

COMMERCIAL GENERAL LIABILITY COVERAGE PART 

SECTION I - COVERAGES, COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY, 2. Exclusions and 

COVERAGE B PERSONAL AND ADVERTSING INJURY LIABILITY, 2. Exclusions are amended and the following added: 

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

resulting from, or in any way related to blasting activities or use of explosives. The use of explosives includes the making, 

handling, storage, or transportation of exposives. 

It is the intent of this endorsement to exclude from this insurance all claims, demands or suits and there shall be no duty or 

obligation on our part under this insurance to defend, respond to, investigate, or indemnify anyone, including but not limited to 

you, your agents, servants, or employees, or any third parties for any such claim, demand or suit that arises out of any blasting 

activities or use of explosives. 

ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. 

This endorsement forms a part of the Policy to which attached, effective on the inception date of the Policy unless otherwise 

stated herein. 

(The fol lowing information is required only when this endorsement is issued subsequent 1D preparation of the Policy.) 

Endorsement effective Policy No. Endorsement No. 

Naned Insured 

Oiuntersigned by ________________ _ 

RVIIC-G..-2196(CB/2011) 

Case 1:20-cv-00474-RP Document 15-2 Filed 09/02/21 Page 111 of 119
TH IS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. 

BASIS OF PREMIUM ENDORSEMENT 

This endorsement modifies insurance provided under the following: 

COMMERCIAL GENERAL LIABILITY COVERAGE PART 

It is understood and agreed that Section IV - Commercial General Liability Conditions is amended to include the following 

definitions of basis of premium used for computing premiums for this coverage: 

Gross Sales or Receipts is defined as the gross amount charged by the named insured, concessionaires of the named 

insured, or by others trading under the insured's name for: 

1. All goods or products, sold or distributed in the coverage territory as defined in the policy; 

2. Operations performed during the policy period; 

3. Rentals during the policy period; and 

4. Dues or fees during the policy period. 

Only the following items shall be deducted from Gross Sales or Receipts: 

1. Sales or excise taxes which are collected and remitted directly to a governmental division; 

2. Credits for repossessed merchandise and products returned; 

3. Finance charges for items sold on installmen~ 

4. Freight charges on sales if freight is charged as a separate item on customer's invoice; and 

5. Royalty income from patent rights or copyrights which are not product sales. 

Construction Cost is defined as 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; and 

2. The other costs associated with the execution of the work including office costs and overhead expenses, as well as all 

other fees involved in the completion of the project such as Attorney fees, Professional fees, Testing, Appraisal, 

Marketing; and 

3. All bonuses or commissions, paid or due on the project. 

Total cost does not include the cost of the land, financing and insurance charges and fees for permits. 

Payroll or Remuneration is defined as the sum of salaries, wages, tips, piece of work, commission, OOnuses, overtime, board 

and meals for work performed and excluding excess in accordance with the state payroll limitation rules. 

Overtime is defined as hours worked at increased rates of pay in excess of hours normally worked in a given day or week. If 

there is a guaranteed wage plan which assures employees a given wage for working a specific number of hours r:er week, 

then the overtime means only the hours worked in excess of that specific amount. If there are records available showing the 

wages paid for overtime separately, which exceed the amount that would have teen paid for the same work during normal 

hours, then all such excess wages are excluded. If these records show only the 1Dtal of wages paid, including overtime on a 

time and one-half basis, then one-third of those wages should be excluded. If double time is paid for overtime and the total 

pay for such overtime is recorded separately, one-half of the total pay for double time shall be excluded. 

Excluded from payroll is remuneration paid to clerical office employees, including those whose duties are strictly limited to 

keeping the insured's books or records, conducting correspondence, or engaged in clerical work in these areas. Anyone who 

does not work in the area separated physically by walled floors, or partitions from all other work areas of the insured is not 

considered. An exception to this is if the payroll or clerical office employees are specifically included in a classification 

wording or footnote of the ISO general liability classification. 

Tonnage or Sales to Tonnage is defined as the total weight of oilfield pipe and oilfield f)pe casing sold by the Insured. 

Total Cost or Cost is defined as the total cost of all work, let or sublet in connection with each specific project including: 

1. The cost of labor, materials and equipment furnished, used or delivered for use in the execution of the work; and 

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

FM IC-GL-2203(05/2012) Page 1 of 2 

Case 1:20-cv-00474-RP Document 15-2 Filed 09/02/21 Page 112 of 119
Units is defined as the number of persons or items described. 

Rental Receipts is defined as the gross amount charged by the named insured, concessionaires of the named insured, or by 

others trading under the insured's name for rental of equipment. 

Admissions is defined as the total number of persons, other than employees of the named insured, admitted to an event or 

events conducted on the premises, whether on paid admission, tickets, complimentary tickets, or passes. 

This endorsement forms a part of the Policy to which attached, effective on the inception date of the Policy unless otherwise 

stated herein. 

(The following information is required only when this endorsement is issued subsequent to preparation of the Policy.) 

Endorsement effective 

Named Insured 

FM IC-GL-2203(05/2012) 

Policy No. Endorsement No. 

Countersigned by _____________________ _ 

Page 2 of 2 

Case 1:20-cv-00474-RP Document 15-2 Filed 09/02/21 Page 113 of 119
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. 

EXCLUSION - PRODUCTS/COMPLETED OPERATIONS 

EXTERIOR INSULATION AND FINISH SYSTEMS 

This endorsement modifies insurance provided under the following: 

COMMERCIAL GENERAL LIABILITY COVERAGE PART 

PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART 

A. This insurance does not apply to "bodily injury" or "pror:erty damage" included in the "produc-ts-completed operations hazard" 

arising out of, caused by, or attribu1able to, whether in whole or in part, the following: 

1. The design, manufacture, construction, fabrication, preparation, distribution and sale, installation, application, 

maintenance or repair, including remodeling, service, correction or replacement, of any "exterior insulation and finish 

systems" or any part thereof, or any substantially similar system or any part thereof, including the application or use of 

conditioners, primers, accessories, flashings, coatings, caulking or sealants in connection with such a system; or 

2. "Your product" or "your work" with respect to any exterior component, fixture or feature of any structure if an "exterior 

insulation and finish systems," or any substantially similar system, is used on the part of that structure containing that 

component, fixture or feature. 

B. The fol lowing definition is added to the Definitions Section: 

"Exterior insulation and finish systems" means a non-load bearing exterior cladding or finish system, and all component 

parts therein, used on any part of any structure, and consisting of: 

1. A rigid or semi-rigid insulation OOard made of expanded polystyrene and other ma1erials; 

2. The adhesive and/or mechanical fasteners used to attach the insulation board to the substrate; 

3. A reinforced or unreinforced base coa~ 

4. A finish coat providing surface texture to which color may be added; and 

5. Any flashing, caulking or sealant used with the system for any purpose. 

This endorsement forms a part of the Policy to which attached, effective on the inception date of the Policy unless otherwise 

stated herein. 

(The following information is required only when this endorsement is issued subsequent to preparation of the Policy.) 

Endorsement effective 

Named Insured 

FM IC-GL-2215(12/2011) 

Policy No. Endorsement No. 

Countersigned by ____________________ _ 

Case 1:20-cv-00474-RP Document 15-2 Filed 09/02/21 Page 114 of 119
INTERLINE 

IL 00 210498 

lHIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. 

NUCLEAR ENERGY LIABILITY EXCLUSION 

ENDORSEMENT 

(Broad Form) 

This erdorsemert modifies insurance provided under the fdlowirg: 

BUSINESSQ/1/NERS POLICY 

COVIMERCIPL AUTO OOVERAGE PART 

COVIMERCIPL GENERAL LIABILITY COVERAGE PART 

EMPLO'IMENT-RELATED PRACTICES LIAS LITYCOJERAGE PART 

FARM OOVERAGE PART 

LIQUOR LIABILITY COVERJlGE PART 

O\/1.NERSANDCa\JTRACTCRS ffiOTECTIVE LIABILITY COVERAGE PART 

POLLUTION LIABILITY COVERAGE PART 

PRODUCTS/COMR...ETED CFERATIONS LIABILITY COVERAGE PAITT 

PROFESSIONA.L LIABILITY OOVERAGE PART 

RAILROII.D ffiOTECTIVE LIABILITY OOVERAGE PART 

SPECIAL PROTECTIVE AND HIGHWAY LIABILllY PQJ CY NEW YORK CEPARTMENT a= 

TRANSPORTATla\J 

UNDERGROUNDSTORAGETANK PQJCY 

1. The insu-ance does not apply: 

A. Under any Lial:ility O:Jverage, 1o "bcdily iljury" 

or "property damage": 

(1) V\Ath respect to which an "insured" under 

the policy is also an insured under a 

nuclear energy liabilly pdicy issued by 

Nuclear Energy Liabiliy Insurance 

Associalion, Mutual Abmic Energy Liability 

Underwriers, Nuclear Insurance 

Associalion of Canada cr arv of their 

successors, or 11\0uld be an insured under 

any such pdicy but for its termination upon 

exhaustion of its limi cf liability; or 

(2) Resultilg from the "hazardous properties" 

of "nuclear male"ial" and ~h respect to 

V\hich (a) any person or organization is 

re:iuired to mailtain financial protection 

pursuant to the Jltomic Ene-gy Act of 1954, 

or any law amendatory thereof, or (b) the 

"insure:l" is, or had this p::,licy not been 

issued would be, entitled to inde-nnity from 

the Unied States of America, or any 

agency thereof, under any agreement 

ente-ed in1o by the Urned Slates of 

America, or any agency thereof, with any 

person or organization. 

B. Under arv Me:lical Payments c01erage, to 

expenses incu-red with respect to ''bodily 

injury" resulting from the 'hazardous 

properties" of "nuclear malerial" and arising out 

of the ope-ation of a "nuclear facilfy" by any 

persm or orgarization. 

C. Under any Liability Cove-a,9e, to 'bodily injury" 

or "property damage' resulting from 

"hazardous properties'' cf "nuclear material", W: 

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

facility" owned by, or operate:l by or on 

behalf of, an "insured" or (b) has been 

discharged or dispersed therefrom; 

(2) The "nudear mate-ial" is contained in 

"spent fuel" or "waste" at any time 

possessed, handled, used, processed, 

stored, transported cr disp::,sed of, by or on 

behalf of an "imrned"; or 

(3) The "bodily inj.Jry" or "property damagi" 

arises out of the furnishing by an "insure:l" 

of services, materials, parts or equii:ment in 

connection with the planning, construction, 

maintenance, operalion or use of any "nuclear facility', tut if such faciliy is 

located wlhin the Urited States of Jlrnerica, 

its te-rfories or possessions or Canada, Ins 

exclusion (3) applies mly to "property 

damage" to such "nuclear facrny'' and any 

property thereat. 

2. As used in this erdorsemert: 

"Hazardous properties'' includes radicactive, toxic 

or explosive properties. 

"N..Jclear rraterial" mears "source material", 

"Special nuclear material" or "by-product material". 

IL 00 21 0498 Copyright, Insurance Services Ofice, Inc., 1997 Page 1 of2 • 

Case 1:20-cv-00474-RP Document 15-2 Filed 09/02/21 Page 115 of 119
Source maleral", "spa:ial nuclea rraterial", and 

"by-product material" have 1he meanirgs given 

them in the A1omi:: Energy Jlct of 1954 or in arv 

law amendatory therecf. 

"Spent fuel" means any fuel element or fuel 

component, solid or liquid, which has been used or 

exposed toradatim ina ''nuclearreacto(. 

'Waste' means any 11\Bste material (a) containing 

"by-product material" other than the tailings or 

wastes JTOduoed by the extraction or 

concert ration of uranium or 1horium from arv ore 

processed prirrarily for its "source rraterial" 

content, and (b) rest.mng from 1he operatim t,,, 

any person or organization of any "nuclear facility" 

incuded under the first t\/\/0 paragraphs cf the 

definitim cf "nuclear facility". 

"Nuclea facility" means: 

(a) Any "nuclear react a"; 

(b) Any equipment or device designed or used 

for (1) separatirg the isotopes of uranium or 

r:lutmium, (2) processing a utilizing 'spent 

fuel", or (3) handing, processing or 

r:ackaging 'waste"; 

(c) Any eqLipment or device used for the 

processirg, fabricating or alloying of 

"special nuclear material" if at any time the 

tctal amount of such material in the oustody 

of the "insured" al the premses WlErn such 

equiJTnent or device is located consis1s of 

or contains more than 25 grams of 

plutorium or uranium 233 a any 

coml:ination thereof, or more than 250 

gramsofurarium 235; 

(d) Any structure, basin, excavation, prerrises 

or place J)"e r:ared or used fa the storage or 

dispcsal of "11\Bste"; 

and includes the s~eon which any of the faegoing 

is located, all operalions conducted on such s~e 

and all premises used fa such opErntims. 

'Nudear reacto(' means any apparatus designed 

a used to sustain nuclear fission in a selfsupporting chain reactbn or to cmtain a critical 

rrass offissionable material. 

"Property darrage' incudes all forms of 

radioactive contaminatim of property. 

Page2of2 Copyright, lnsuiance Servic:esOffi::e, Inc., 1997 IL 00 210498 • 

Case 1:20-cv-00474-RP Document 15-2 Filed 09/02/21 Page 116 of 119
CLAIM NOTIFICATION 

Send all claim notifications and information to: 

First Mercury Insurance Company 

P .0. Box 5096 

Southfield, Michigan 48086 

Or 

26600 Telegraph Rd. 

Southfield, Ml 48033 

Or Fax to: 

First Mercury Insurance Company 

Attn: Claim Department 

Fax Number: (248) 357-5036 

This endorsement forms a part of the Policy to Vv'h ich attached, effective on the inceptioo date of the Policy unless 

othervvise stated herein. 

FMIC - Oain Notification (12/2006) 

Case 1:20-cv-00474-RP Document 15-2 Filed 09/02/21 Page 117 of 119
IMPORTANT NOTICE 

To obtain information or make a complaint: 

1. You may contact your insurance agent. 

2. You may call the company's toll-free telephone 

number for information or to make a complaint 

at: 

1-800-762-6837 

3. You may write to the company at: 

First Mercury Insurance Company 

26600 Telegraph Rd. 

Southfield, MI 48033 

4 You may contact the Texas Department of 

Insurance to obtain information on companies, 

coverages, rights or complaints at: 

1-800-252-3439 

5. You may write the Texas Department of 

Insurance: 

PO Box 149104 

Austin, TX 78714-9104 

FAX (512) 475-1771 

Web: http:lwww.tdi.state.tx.us 

E-mail: ConsumerProtection@tdi. state. tx. us 

6. PREMIUM OR CLAIM DISPUTES: 

Should you have a dispute concerning your 

premium or about a claim you should contact 

your agent first. If the dispute is not resolved, 

you may contact the Texas Department of 

Insurance. 

ATTACH THIS NOTICE TO YOUR POLICY: 

This notice is for information only and does not 

become a part or condition of the attached 

document. 

TXSLF0RM(0?/2007) 

AVISO IMPORTANTE 

Para obtener informaci6n o para someter una queja: 

Puede comunicarse con su agente de seguro. 

Usted puede llamar al numero de telefono gratis de 

la companfa para informaci6n o para someter una 

queja al: 

1-800-762-6837 

Usted tambien puede escribir la companfa: 

First Mercury Insurance Company 

26600 Telegraph Rd. 

Southfield, MI 48033 

Puede comunicarse con el Departamento de 

Seguros de Texas para obtener informaci6n acera 

de companies, coberturas, derechos o quejas al: 

1-800-252-3439 

Puede escribir al Departamento de Seguros de 

Texas: 

PO Box 149104 

Austin, TX 78714-9104 

FAX (512) 475-1771 

Web: http:/www.tdi.state.tx.us 

E-mai I: ConsumerProtection@tdi. state.Ix. us 

DISPUTAS SOB RE PRIMAS O RECLAMOS: 

Si tiene una disputa concerniene a su prima o 

a un reclamo, debe comunicarse con el agente 

primero. Si no se resuelve la disputa, puede 

comunicarse con el departamento (TOI). 

UNA ESTE AVISO A SU POLIZA: 

Este aviso es solo para prop6sito de lnformaci6n y 

no se convierte en parte o condici6n del documento 

adj unto. 

Case 1:20-cv-00474-RP Document 15-2 Filed 09/02/21 Page 118 of 119
CorerXSPECIAlTY 

EXPERIENCE MIi TTERS 

04/30/2013 

Re: D L Phillips Construction Inc (OBA) Ja Mar Roofing 

NJ-CGL-0000009684-02 

26600 Telegraph Rd. 

Southfield, MI 48033 

PO Box 5069 

Southfield, MI 48086 

IMPORTANT NOTICE TO POLICYHOLDERS 

PLEASE REVIEW THIS RENEWAL DECLARATION 

CAREFULLY. WHILE YOUR POLICY NUMBER AND 

INSURANCE CARRIER HAVE NOT CHANGED FROM YOUR 

EXPIRING POLICY, THE ATTACHED DECLARATION PAGE 

UPDATES COVERAGES, TERMS AND CONDITIONS FOR YOUR 

RENEWAL TERM AND MAY DIFFER FROM THOSE EXPIRING AS 

WELL AS THOSE REQUESTED IN YOUR RENEWAL 

APPLICATION. NEW OR CHANGED POLICY FORMS WILL BE 

THE ONLY FORMS ATTACHED TO THIS RENEWAL 

DECLARATION. 

PLEASE REVIEW THIS DECLARATION AND/OR CONSULT WITH 

YOUR AGENT/BROKER AND ADVISE US IMMEDIATELY IN 

WRITING OR VIA FAX SHOULD YOU HAVE ANY QUESTIONS, 

CONCERNS OR CHANGES TO YOUR POLICY. 

Telephone: 1 (800) 762-6837 - Fax: 1 (248) 358-2459 

Case 1:20-cv-00474-RP Document 15-2 Filed 09/02/21 Page 119 of 119