UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF TEXAS

DALLAS DIVISION

SECURITIES AND EXCHANGE §

COMMISSION, § 

§

Plaintiff §

§

v. § C.A. No.: 3:22-cv-2118-X

§

TIMOTHY BARTON, CARNEGIE §

DEVELOPMENT, LLC, WALL007, LLC, §

WALL009, LLC, WALL010, LLC, § Jury Trial Demanded

WALL011, LLC, WALL012, LLC, §

WALL016, LLC, WALL017, LLC, §

WALL018, LLC, WALL019, LLC, §

HAOQIANG FU (aka MICHAEL FU), §

STEPHEN T. WALL, §

§

Defendants §

§

DJD LAND PARTNERS, LLC and §

LDG001, LLC, §

§

Relief Defendants §

EXHIBIT E

Case 3:22-cv-02118-X Document 320-5 Filed 09/28/23 Page 1 of 189 PageID 10832
AES JACKET 08 11

COMMERCIAL LINES POLICY

Associated Industries Insurance Company, Inc.

Associated Industries Insurance Company, Inc.

P.O. Box 318004

Cleveland, OH 44131-0880

THIS POLICY CONSISTS OF:

− DECLARATIONS

− COMMON POLICY CONDITIONS

− COVERAGE FORMS 

APPLICABLE ENDORSEMENTS

 GOLDMARK000001

Case 3:22-cv-02118-X Document 320-5 Filed 09/28/23 Page 2 of 189 PageID 10833
Page 2 of 2 AES JACKET 08 11

 President

 

 

Elissa Pacheco

Associated Industries Insurance Company, Inc.

In Witness Whereof, the Company has caused this policy to be executed and attested, and, if required by 

state law, this policy shall not be valid unless countersigned by a duly authorized representative of the 

Company. 

 GOLDMARK000002

Case 3:22-cv-02118-X Document 320-5 Filed 09/28/23 Page 3 of 189 PageID 10834
TEXAS NOTICE OF TOLL-FREE TELEPHONE NUMBERS 

AND INFORMATION AND COMPLAINT PROCEDURES

DN990029TX 0520 Page 1 of 1 

Where you can get information or make a complaint

If you have a question or a problem with a claim or your premium, contact your agent or the insurance company 

first. You can also get information or file a complaint with the Texas Department of Insurance.

Donde puede obtener información o presenter una queja

Si tiene una pregunta o un problema con una reclamación o con su prima de seguro, comuníquese primero con su 

el agente o compañía de seguros. Usted tambíen puede obtener información o presentar una queja ante el 

Departamento de Seguros de Texas (Texas Department of Insurance, por su nombre en inglés).

AmTrust Financial Services, Inc.

To get information or file a complaint with your 

insurance company:

Call: Barry Moses, VP, Senior Regulatory Counsel, 

at 866-203-3037

Website: www.amtrustfinancial.com

Email: regulatorycompliance@amtrustgroup.com

Mail: 800 Superior Avenue East, 21st Floor, 

Cleveland, OH 44114

To get information or file a claim with your insurance 

company:

Toll-free: 1-866-272-9267

Website: https://amtrustgroup.com/small-businessinsurance/claims/claim-center/report-claim

Email: anaclaimsreporting@amtrustgroup.com

Mail: 800 Superior Avenue East, 21st Floor, 

Cleveland, Ohio 44114

The Texas Department of Insurance

To get help with an insurance question, learn about 

your rights, or file a complaint with the state:

Call: 1-800-252-3439

Online: www.tdi.texas.gov

Email: ConsumerProtection@tdi.texas.gov

Mail: 111-1A, P.O. Box 149104, Austin, TX 78714-

9091

Attach this notice to your policy: This notice is for 

information only and does not become a part or 

condition of the attached document.

AmTrust Financial Services, Inc.

Para obtener información o para presentar una queja 

ante su compañía de seguros:

Llame: Barry Moses, VP, Senior Regulatory 

Counsel, at 866-203-3037

En línea: www.amtrustfinancial.com

Correo electrónico: 

regulatorycompliance@amtrustgroup.com

Dirección postal: 800 Superior Avenue East, 21st

Floor, Cleveland, OH 44114

Para obtener información o presentar una reclamación 

ante su compañía de seguros: 

Teléfono gratuito: 1-866-272-9267

En línea: https://amtrustgroup.com/small-businessinsurance/claims/claim-center/report-claim

Correo electrónico: 

anaclaimsreporting@amtrustgroup.com

Dirección postal: 800 Superior Avenue East, 21st

Floor, Cleveland, Ohio 44114

El Departamento de Seguros de Texas

Para obtener ayuda con una pregunta relacionada con 

los seguros, para conocer sus derechos o para 

presenter una queja ante el estado:

Llame: 1-800-252-3439

En línea: www.tdi.texas.gov

Correo electrónico: 

ConsumerProtection@tdi.texas.gov

Dirección postal: 111-1A, P.O. Box 149104, 

Austin, TX 78714-9091

Adjunte Este Aviso A Su Poliza: Este aviso es 

solamente para propositos informativos y no se 

convierte en parte o en condición del documento 

adjunto.

 GOLDMARK000003

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Case 3:22-cv-02118-X Document 320-5 Filed 09/28/23 Page 5 of 189 PageID 10836
Privacy Policy

Associated Industries Insurance Company, Inc. 

AES PN 08 11 

We value your business and trust in us and respect the privacy and confidentiality of your nonpublic personal information. 

Our Practices Regarding Privacy and Confidentiality

We are committed to keeping your information secure and confidential, regardless of whether information is received by 

mail, telephone, Internet or in person. 

The nonpublic personal information about you that is collected is utilized only to the extent necessary to effect, deliver, 

administer or enforce insurance service to you and is disclosed only as permitted by law. We may also disclose certain 

information to nonaffiliated third parties. 

If you prefer that we not disclose nonpublic personal information about you to third parties, you may opt out of those 

disclosures, that is, you may direct us not to make those disclosures by contacting us at the address and phone number 

listed below. 

Likewise, to the extent we utilize other organizations, such as general agents and third party administrators, to support our 

business; we require them to abide by the requirements of the applicable privacy laws and by our privacy policy. 

Information We Collect 

We gather information about you in connection with providing our products and services to you and to support our 

business operations. This includes information you may provide to us, such as from your insurance application, and 

information about you from another source, such as a credit bureau. 

Information We May Disclose To Affiliates or Third Parties 

Except as noted herein, we do not disclose nonpublic personal information unless authorized by you. We may, without 

authorization but only as permitted or required by law, provide nonpublic personal information about you to persons or 

organizations both inside and outside of Associated Industries Insurance Company, Inc. in order to fulfill a transaction 

requested, service policies, investigate and/or handle claims, detect and/or prevent fraud, participate in insurance support 

organizations, or comply with lawful requests from regulatory or law enforcement authorities or a court of law. These 

include, for example: affiliated companies, claims adjusters or administrators, insurance agents or brokers, medical 

providers, program managers, consumer reporting agencies, governmental agencies, auditors, lienholders, mortgagees, 

and assignees. 

Information Confidentiality and Security 

We restrict access to nonpublic personal information about you to those employees who need to know that information in 

order to provide products or services to you. We maintain physical, electronic, and procedural safeguards that comply 

with federal regulations to guard your nonpublic personal information. 

Access to Your Information

You have the right to know what kind of information we keep in our files about you, to have the reasonable access to it 

and receive a copy. Contact us at the address noted below should you have questions about what information we may 

have on file. All written requests must include your name, address, telephone number, and a photocopy of a picture ID for 

identification purposes. We are dedicated to maintaining accurate customer records and shall strive to correct any 

inaccurate information noted in a timely manner. 

Associated Industries Insurance Company, Inc. 

Associated Industries Insurance Company, Inc. 

P.O. Box 318004 

Cleveland, OH 44131-0880 

Attention: Privacy Manager 

 GOLDMARK000005

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Case 3:22-cv-02118-X Document 320-5 Filed 09/28/23 Page 9 of 189 PageID 10840
Associated Industries Insurance Company, Inc. Policy Number:

Administered through: AmTrust E & S 

Insurance Services, Inc.

AES1203881 00

160 Federal Street, 3rd Floor Named Insured:

Boston, MA 02109 Goldmark Hospitality LLC

Issued Date: 11/4/2020

INSURED COPY

GLM330000 0411 

GENERAL LIABILITY

COVERAGE PART

Policy Number AES1203881 00 Policy Period: From 10/22/2020 To 10/22/2021

12 01 a.m. Standard Time at the Named Insured’s Address

Retroactive Date:

Transaction New Business

Named Insured and Address Broker

Goldmark Hospitality LLC

Amerigold Suites

13636 Goldmark Dr

Dallas TX 75240

LP Risk - Houston GBA

17361 Village Green Drive

Jersey Village TX 77040-1150

(713) 939-8585

Business Description Type of Business Audit Period

Hotel Limited Liability Company Annual

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

General Aggregate Limit (Other than Products-Completed Operations) $ 2,000,000

Products – Completed Operations Aggregate Limit $ 2,000,000

Each Occurrence Limit $ 1,000,000

Personal and Advertising Injury Limit $ 1,000,000

Medical Expense Limit, any one person $ 5,000

Damage To Premises Rented To You $ 100,000

AMENDED LIMITS OF LIABILITY

Refer to attached schedule, if any.

LOCATIONS OF ALL PREMISES YOU OWN, RENT OR OCCUPY

Refer to attached schedule.

CLASSIFICATIONS

Refer to attached schedule, if any.

TOTAL PREMIUM FOR THIS COVERAGE PART $

Forms and Endorsements Applicable 

See Forms and Endorsements Schedule

These Declarations together with the common policy conditions, coverage declarations, coverage form(s), and

form(s) and endorsements, if any, issued, complete the above number policy.

 GOLDMARK000009

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 GOLDMARK000010

Case 3:22-cv-02118-X Document 320-5 Filed 09/28/23 Page 11 of 189 PageID 10842
COMMERCIAL GENERAL LIABILITY EXTENSION OF DECLARATIONS

LOCATION OF PREMISES

Location of All Premises You Own, Rent or Occupy:

1

13636 Goldmark Dr

Dallas TX 75240

PREMIUM

Rate Advance Premium

Location Class Code Description Exposure Basis Exposures Prem. Ops. Prod/Comp Ops. Prem. Ops. Prod/Comp Ops.

1 45190 Gross Sales 800,000 0.000 $0.00

Hotels and Motels - with pools or beaches - less than four stories

ALL Hired Auto And Non-Owned Auto Liability

Associated Industries Insurance Company, Inc.

Administered through: AmTrust E & S Insurance Services,

Inc.

200 State Street, 4th Floor

Boston, MA 02109

Policy Number:

AES1203881 00

Named Insured:

Goldmark Hospitality LLC

Issued Date: 11/4/2020 Includes copyrighted material of Insurance Services Office, Inc., with its permission.

Copyright, Insurance Services Office, Inc., 1994.

Page 3 of 11

GLMDECB 1017 INSURED COPY

 GOLDMARK000011

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 GOLDMARK000012

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COMMERCIAL PROPERTY COVERAGE DECLARATIONS

Policy Number AES1203881 00 Policy Period From: 10/22/2020 To: 10/22/2021

12 01 A M. Standard Time at the Name Insured's Address

Transaction

New Business

Named Insured and Address

Goldmark Hospitality LLC

DBA: Amerigold Suites

13636 Goldmark Dr

Dallas TX 75240

Producer: 159385

LP Risk - Houston GBA

17361 Village Green Drive

Jersey Village TX 77040-1150

Telephone: (713) 939-8585

Business Description

Hotel

Type of Business

Limited Liability Company

Audit Period

Annual

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.

DESCRIPTION OF PREMISES

 Refer to attached schedule.

COVERAGES PROVIDED

 Refer to attached schedule, if any.

OPTIONAL COVERAGES

 Refer to attached schedule, if any.

MORTGAGEES AND ADDITIONAL INTERESTS

 Refer to attached schedule, if any.

TOTAL PREMIUM FOR THIS COVERAGE PART

FORMS AND ENDORSEMENTS*

See forms and Endorsements Schedule

*Entry optional if shown in common policy declarations.

THESE DECLARATIONS TOGETHER WITH THE COMMON POLICY DECLARATIONS, COMMON POLICY

CONDITIONS, COVERAGE FORM(S) AND FORM(S) AND ENDORSEMENTS, IF ANY, ISSUED TO FORM A PART

THEREOF, COMPLETE THE ABOVE NUMBERED POLICY.

11/4/2020

Date Signature of Authorized Representative

Associated Industries Insurance Company, Inc.

Administered through: AmTrust E & S Insurance

Services, Inc.

200 State Street, 4th Floor

Boston, MA 02109

CPDEC 0414 Page 4 of 11

 GOLDMARK000013

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COMMERCIAL PROPERTY

DESCRIPTION OF PREMISES

Loc.

No.

Bldg.

No. Occupancy Construction Class Prot. Terr.

EQ

Class.

EQ

Terr.

1 1 Hotels and Motels – without restaurant – Up to

10 Units

Frame (Code 1) 0745 1 656

1 2 Hotels and Motels – without restaurant – Up to

10 Units

Frame (Code 1) 0745 1 656

1 3 Hotels and Motels – without restaurant – Up to

10 Units

Frame (Code 1) 0745 1 656

1 4 Hotels and Motels – without restaurant – Up to

10 Units

Frame (Code 1) 0745 1 656

1 5 Hotels and Motels – without restaurant – Up to

10 Units

Frame (Code 1) 0745 1 656

1 6 Hotels and Motels – without restaurant – Up to

10 Units

Frame (Code 1) 0745 1 656

1 7 Hotels and Motels – without restaurant – Up to

10 Units

Frame (Code 1) 0745 1 656

1 8 Hotels and Motels – without restaurant – Up to

10 Units

Frame (Code 1) 0745 1 656

1 9 Hotels and Motels – without restaurant – Up to

10 Units

Frame (Code 1) 0745 1 656

1 10 Hotels and Motels – without restaurant – Up to

10 Units

Frame (Code 1) 0745 1 656

1 11 Hotels and Motels – without restaurant – Up to

10 Units

Frame (Code 1) 0745 1 656

1 12 Hotels and Motels – without restaurant – Up to

10 Units

Frame (Code 1) 0745 1 656

1 13 Hotels and Motels – without restaurant – Up to

10 Units

Frame (Code 1) 0745 1 656

Associated Industries Insurance Company, Inc.

Administered through: AmTrust E & S Insurance

Services, Inc.

200 State Street, 4th Floor

Boston, MA 02109

Policy Number:

AES1203881 00

Named Insured:

Goldmark Hospitality

LLC

Issued Date: 11/4/2020

CPDECB 0414 Page 5 of 11

 GOLDMARK000015

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COMMERCIAL PROPERTY

DESCRIPTION OF COVERAGES PROVIDED

Loc.

No.

Bldg.

No. Coverage

Limit of

Insurance

Blanket

Coverage

Covered

Causes of Loss Coinsurance* Deductible

1 1 Building $175,000 Special 80% $10,000

1 1 Personal Property Of The Insured $5,000 Special 80% $10,000

1 1 Billboards/Signs/Entirely Metal $10,000 Special 80% $10,000

1 2 Building $246,000 Special 80% $10,000

1 2 Personal Property Of The Insured $7,000 Special 80% $10,000

1 3 Building $246,000 Special 80% $10,000

1 3 Personal Property Of The Insured $7,000 Special 80% $10,000

1 4 Building $175,000 Special 80% $10,000

1 4 Personal Property Of The Insured $5,000 Special 80% $10,000

1 5 Building $28,000 Special 80% $10,000

1 5 Personal Property Of The Insured $6,000 Special 80% $10,000

1 6 Building $246,000 Special 80% $10,000

1 6 Personal Property Of The Insured $7,000 Special 80% $10,000

1 7 Building $246,000 Special 80% $10,000

1 7 Personal Property Of The Insured $7,000 Special 80% $10,000

1 8 Building $175,000 Special 80% $10,000

1 8 Personal Property Of The Insured $5,000 Special 80% $10,000

1 9 Building $246,000 Special 80% $10,000

1 9 Personal Property Of The Insured $7,000 Special 80% $10,000

1 10 Building $175,000 Special 80% $10,000

1 10 Personal Property Of The Insured $5,000 Special 80% $10,000

1 11 Building $50,000 Special 80% $10,000

1 11 Personal Property Of The Insured $25,000 Special 80% $10,000

1 12 Building $246,000 Special 80% $10,000

1 12 Personal Property Of The Insured $7,000 Special 80% $10,000

1 13 Building $246,000 Special 80% $10,000

1 13 Personal Property Of The Insured $7,000 Special 80% $10,000

*IF EXTRA EXPENSE COVERAGE, LIMITS ON LOSS PAYMENT

Associated Industries Insurance Company, Inc.

Administered through: AmTrust E & S Insurance

Services, Inc.

200 State Street, 4th Floor

Boston, MA 02109

Policy Number:

AES1203881 00

Named Insured:

Goldmark Hospitality

LLC

Issued Date: 11/4/2020

CPDECC 0414 Page 6 of 11

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COMMERCIAL PROPERTY

DESCRIPTION OF OPTIONAL COVERAGES PROVIDED

Loc.

No.

Bldg.

No. Coverage

Effective

Date

Expiration

Date

Agreed

Value

Valuation*

Bldg.

Pers.

Prop.

Incl

"Stock"

Inflation Guard

Bldg.

Pers.

Prop.

Indemnity

Monthly

Limit

Extended

Period

Maximum

Period

1 1 Building ACV

1 1 Personal Property Of

The Insured

ACV

1 1 Billboards/Signs/Entir

ely Metal

ACV

1 2 Building ACV

1 2 Personal Property Of

The Insured

ACV

1 3 Building ACV

1 3 Personal Property Of

The Insured

ACV

1 4 Building ACV

1 4 Personal Property Of

The Insured

ACV

1 5 Building ACV

1 5 Personal Property Of

The Insured

ACV

1 6 Building ACV

1 6 Personal Property Of

The Insured

ACV

1 7 Building ACV

1 7 Personal Property Of

The Insured

ACV

1 8 Building ACV

1 8 Personal Property Of

The Insured

ACV

1 9 Building ACV

1 9 Personal Property Of

The Insured

ACV

1 10 Building ACV

1 10 Personal Property Of

The Insured

ACV

1 11 Building ACV

1 11 Personal Property Of

The Insured

ACV

1 12 Building ACV

1 12 Personal Property Of

The Insured

ACV

1 13 Building ACV

1 13 Personal Property Of

The Insured

ACV

* RC - Replacement Cost

FRC - Functional Replacement Cost

ACV - Actual Cash Value

Associated Industries Insurance Company, Inc.

Administered through: AmTrust E & S Insurance

Services, Inc.

200 State Street, 4th Floor

Boston, MA 02109

Policy Number:

AES1203881 00

Named Insured:

Goldmark Hospitality

LLC

Issued Date: 11/4/2020

CPDECD 0414 Page 7 of 11

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COMMERCIAL COMMON POLICY DECLARATIONS

POLICY INTEREST SCHEDULE

CF MORTGAGEE

MORTGAGEE

Texas Brand Bank

13636 Goldmark Dr.

Dallas, TX 75240

Units (Loc - Bldg): 1-1, 1-2, 1-3, 1-4, 1-5, 1-6, 1-7, 1-8, 1-9,

1-10, 1-11, 1-12, 1-13

Associated Industries Insurance Company, Inc.

Administered through: AmTrust E & S Insurance

Services, Inc.

200 State Street, 4th Floor

Boston, MA 02109

Policy Number:

AES1203881 00

Named Insured:

Goldmark Hospitality LLC

Issued Date: 11/4/2020

ILPISCH 0414 Page 9 of 11

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Associated Industries Insurance Company, Inc. Policy Number:

Administered through: AmTrust E & S Insurance Services, Inc. AES1203881 00

160 Federal Street, 3rd Floor Named Insured:

Boston, MA 02109 Goldmark Hospitality LLC

Issued Date: 11/4/2020 Page 10 of 11

CPPMFORMSCHED 

 

FORMS AND ENDORSEMENTS SCHEDULE

 Coverage Form Ed. Date Description 

CF 311220TX (07/10) EQUIPMENT BREAKDOWN COVERAGE TEXAS

CF AESCP001 (04/20) EXISTING DAMAGE EXCLUSION ENDORSEMENT

CF AESCP012 (07/16) EXCLUSION – POLLUTION, ORGANIC PATHOGENS AND ASBESTOS

CF AESCP014 (07/16) EXCLUSION – VOLCANIC ERUPTION

CG AESGL207 (03/14) HABITABILITY EXCLUSION

CG AESPN (08/11) ASSOCIATED INDUSTRIES INSURANCE COMPANY PRIVACY POLICY

CG CG0001 (12/07) COMMERCIAL GENERAL LIABILITY COVERAGE FORM

CG CG0068 (05/09) RECORDING AND DISTRIBUTION OF MATERIAL OR INFORMATION IN VIOLATION OF LAW EXCLUSION

CG CG0103 (06/06) TEXAS CHANGES

CG CG2107 (05/14) EXCLUSION – ACCESS OR DISCLOSURE OF CONFIDENTIAL OR PERSONAL INFORMATION AND DATARELATED LIABILITY 

CG CG2109 (06/15) EXCLUSION - UNMANNED AIRCRAFT

CG CG2132 (05/09) COMMUNICABLE DISEASE EXCLUSION

CG CG2134 (01/87) EXCLUSION - DESIGNATED WORK (FOR USE WITH CGL AND PRODUCTS POLICIES)

CG CG2144 (07/98) LIMITATION OF COVERAGE TO DESIGNATED PREMISES OR PROJECT

CG CG2147 (12/07) EMPLOYMENT-RELATED PRACTICES EXCLUSION

CG CG2149 (09/99) TOTAL POLLUTION EXCLUSION ENDORSEMENT

CG CG2175AES (01/13) EXCLUSION OF CERTIFIED ACTS OF TERRORISM AND EXCLUSION OF OTHER ACTS OF TERRORISM 

COMMITTED OUTSIDE THE UNITED STATES

CG CG2407 (01/96) PRODUCTS/COMPLETED OPERATIONS HAZARD REDEFINED (FOR USE WITH CGL AND PRODUCTS 

POLICIES)

CG CG2639 (12/07) TEXAS CHANGES – EMPLOYMENT-RELATED PRACTICES EXCLUSION

CF CP0010 (10/12) BUILDING AND PERSONAL PROPERTY COVERAGE 

CF CP0090 (07/88) COMMERCIAL PROPERTY CONDITIONS 

CF CP0140 (07/06) EXCLUSION OF LOSS DUE TO VIRUS OR BACTERIA

CF CP0321 (10/12) WINDSTORM OR HAIL PERCENTAGE DEDUCTIBLE

CF CP1030 (10/12) CAUSES OF LOSS-SPECIAL FORM

CF CP1440 (06/07) OUTDOOR SIGNS 

 GOLDMARK000025

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Associated Industries Insurance Company, Inc. Policy Number:

Administered through: AmTrust E & S Insurance Services, Inc. AES1203881 00

160 Federal Street, 3rd Floor Named Insured:

Boston, MA 02109 Goldmark Hospitality LLC

Issued Date: 11/4/2020 Page 11 of 11

CPPMFORMSCHED 

 

FORMS AND ENDORSEMENTS SCHEDULE

 Coverage Form Ed. Date Description 

CG IL0003 (09/08) CALCULATION OF PREMIUM

CF IL0003 (09/08) CALCULATION OF PREMIUM

CG IL0017 (11/98) COMMON POLICY CONDITIONS

CF IL0017 (11/98) COMMON POLICY CONDITIONS

CG IL0168 (09/08) TEXAS CHANGES – DUTIES

CF IL0953 (01/15) EXCLUSION OF CERTIFIED ACTS OF TERRORISM

CG IL0985 (01/15) DISCLOSURE PURSUANT TO TERRORISM RISK

CF IL0985 (01/15) DISCLOSURE PURSUANT TO TERRORISM RISK

CG NXGL004 (08/09) AMENDMENT - COMMON POLICY CONDITIONS 

CG NXGL005 (04/20) POLICYHOLDER'S GUIDE TO REPORTING A CASUALTY CLAIM

CG NXGL007 (08/09) MINIMUM RETAINED AUDIT PREMIUM 

CG NXGL008 (08/09) MINIMUM RETAINED PREMIUM

CG NXGL020 (08/09) EXCLUSION – ELECTROMAGNETIC FIELDS (EMF'S)

CG NXGL032 (08/09) HIRED AUTO AND NON-OWNED AUTO LIABILITY 

CG NXGL037 (08/09) DEDUCTIBLE LIABILITY ENDORSEMENT – INCLUDING EXPENSE (PER OCCURRENCE/OFFENSE) 

CG NXGL068 (08/09) EXCLUSION – BODILY INJURY TO INDEPENDENT CONTRACTORS 

CG NXGL072 (08/18) EXCLUSION – FIREARMS

CG NXGL080 (08/09) EXCLUSION – RESIDENTIAL CONVERSION 

CG NXGL097 (08/09) DEFINITION OF GROSS RECEIPTS/SALES ENDORSEMENT 

CG NXGL119 (08/18) ASSAULT & BATTERY HAZARD SUBLIMIT DEFENSE WITHIN LIMITS

CG NXGL127 (08/09) EXCLUSION – CROSS SUITS (INSUREDS) 

CG NXGL167 (09/18) STANDARD ADDITIONAL EXCLUSIONS

CG NXGL198 (01/13) EXCLUSION – TOTAL PROFESSIONAL SERVICES 

 GOLDMARK000027

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IL P 001 01 04

IL P 001 01 04 © ISO Properties, Inc., 2004 Page 1 of 1

U.S. TREASURY DEPARTMENT'S OFFICE OF FOREIGN 

ASSETS CONTROL ("OFAC") 

ADVISORY NOTICE TO POLICYHOLDERS 

No coverage is provided by this Policyholder Notice nor can it be construed to replace any provisions of your policy. You should read your policy and review your Declarations page for complete information on the coverages you 

are provided. 

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

by OFAC. Please read this Notice carefully. 

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

declarations of "national emergency". OFAC has identified and listed numerous: 

 Foreign agents; 

 Front organizations; 

 Terrorists; 

 Terrorist organizations; and 

 Narcotics traffickers; 

as "Specially Designated Nationals and Blocked Persons". This list can be located on the United States Treasury's 

web site – http//www.treas.gov/ofac. 

In accordance with OFAC regulations, if it is determined that you or any other insured, or any person or entity 

claiming the benefits of this insurance has violated U.S. sanctions law or is a Specially Designated National and 

Blocked Person, as identified by OFAC, this insurance will be considered a blocked or frozen contract and all 

provisions of this insurance are immediately subject to OFAC. When an insurance policy is considered to be such 

a blocked or frozen contract, no payments nor premium refunds may be made without authorization from OFAC. 

Other limitations on the premiums and payments also apply.

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Associated Industries Insurance Company

POLICYHOLDER NOTICE – SERVICE OF PROCESS

Service of process for any suit instituted against Associated Industries Insurance 

Company concerning this Policy may be made upon the Superintendent, Commissioner, 

or Director of Insurance or other person specified for that purpose in the statute or his/her 

successor or successors in office as their true and lawful attorney upon whom may be 

served any lawful process in any action, suit, or proceeding instituted by or on behalf of 

the Insured or any beneficiary hereunder and arising out of this Policy.

Associated Industries Insurance Company has designated: 

Mr. Stephen Ungar, Secretary

Associated Industries Insurance Company

59 Maiden Lane, 43rd Floor

New York, NY 10038

as the person(s)/organization to whom the Superintendent, Commissioner, or Director of 

Insurance or other specified person is authorized to mail such process or a true copy 

thereof, in compliance with the applicable statutes governing said service of process in 

the state or jurisdiction in which a cause of action under this Policy arises.

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THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. 

EQUIPMENT BREAKDOWN COVERAGE TEXAS 

This endorsement modifies insurance provided under the following: 

BUILDING AND PERSONAL PROPERTY COVERAGE FORM 

CAUSES OF LOSS-- BASIC FORM 

CAUSES OF LOSS-- BROAD FORM 

CAUSES OF LOSS-- SPECIAL FORM 

A. The following are added:

1. The following Coverages are added: 

a. Defense 

If a claim or “suit” is brought against you alleging that you are liable for damage to property of 

another in your care, custody or control that was directly caused by an “accident” to 

“covered equipment” we will either:

(1) Settle the claim or “suit”; or

(2) Defend you against the claim or “suit” but keep for ourselves the right to settle it at 

any point. 

b. Supplementary Payments 

We will pay, with respect to any claim or “suit” we defend:

(1) All expenses we incur; 

(2) The cost of bonds to release attachments, but only for bond amounts within the Limit 

of Insurance. We do not have to furnish these bonds; 

(3) All reasonable expenses incurred by you at our request to assist us in the 

investigation or defense of the claim or “suit”, including actual loss of earnings up to 

$100 a day because of time off from work; 

(4) All costs taxed against you in any “suit” we defend;

(5) Pre-judgment interest awarded against you 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; and 

(6) All interest on the full amount of any judgment that accrues after entry of the 

judgment and before we have paid, offered to pay, or deposited in court the part of 

the judgment that is within the Limit of Insurance shown in the Declarations. 

These payments will not reduce the Limit of Insurance. 

2. As respects Equipment Breakdown Coverage only, the following are added: 

a. Bankruptcy 

The bankruptcy or insolvency of you or your estate will not relieve us of an obligation under 

this coverage section. 

b. Legal Action Against Us 

No one may bring a legal action against us under this Equipment Breakdown coverage 

unless: 

(1) There has been full compliance with all the terms of this Equipment Breakdown 

coverage; and 

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(2) The action is brought within 2 years and 1 day from the date that cause of action first 

accrues. 

(3) We agree in writing that you have an obligation to pay for damage to Covered 

Property of others or until the amount of that obligation has been determined by final 

judgment or arbitration award. No one has the right under this policy to bring us into 

an action to determine your liability. 

3. With respect to Equipment Breakdown Coverage only, the following Definition is added: 

“Suit” means a civil proceeding and includes: 

a. An arbitration proceeding in which damages are claimed and to which you must submit or do 

submit with our consent; or 

b. Any other alternative dispute resolution proceeding in which damages are claimed and to 

which you submit with our consent. 

B. The following is added as an Additional Coverage to the Causes of Loss— Basic Form, Broad Form 

or Special Form. 

Additional Coverage-- Equipment Breakdown 

The term Covered Cause of Loss includes the Additional Coverage Equipment Breakdown as 

described and limited below. 

1. We will pay for direct physical damage to Covered Property that is the direct result of an 

“accident.” As used in this Additional Coverage, “accident” means a fortuitous event that causes 

direct physical damage to “covered equipment.” The event must be one of the following: 

a. mechanical breakdown, including rupture or bursting caused by centrifugal force; 

b. artificially generated electrical, magnetic or electromagnetic energy, including electric 

arcing, that damages, disturbs, disrupts or otherwise interferes with any electrical or 

electronic wire, device, appliance, system or network. 

c. explosion of steam boilers, steam pipes, steam engines or steam turbines owned or leased 

by you, or operated under your control; 

d. loss or damage to steam boilers, steam pipes, steam engines or steam turbines caused by 

or resulting from any condition or event inside such equipment; or 

e. loss or damage to hot water boilers or other water heating equipment caused by or 

resulting from any condition or event inside such boilers or equipment. 

2. Unless otherwise shown in a Schedule, the following coverages also apply to the direct result of 

an “accident.” These coverages do not provide additional amounts of insurance. 

a. Expediting Expenses

With respect to your damaged Covered Property, we will pay the reasonable extra cost to: 

(1) make temporary repairs; and 

(2) expedite permanent repairs or permanent replacement. 

The most we will pay for loss or expense under this coverage is $100,000 unless otherwise 

shown in a Schedule. 

b. Hazardous Substances

We will pay for the additional cost to repair or replace Covered Property because of 

contamination by a “hazardous substance.” This includes the additional expenses to clean 

up or dispose of such property. This does not include contamination of “perishable goods” 

by refrigerant, including but not limited to ammonia, which is addressed in 2.c.(1)(b) below. 

As used in this coverage, additional costs mean those beyond what would have been 

payable under this Equipment Breakdown Coverage had no “hazardous substance” been 

involved. 

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The most we will pay for loss, damage or expense under this coverage, including actual 

loss of Business Income you sustain and necessary Extra Expense you incur, if shown as 

covered, is $100,000 unless otherwise shown in a Schedule. 

c. Spoilage

(1) We will pay: 

(a) for physical damage to “perishable goods” due to spoilage;

(b) for physical damage to “perishable goods” due to contamination from the 

release of refrigerant, including but not limited to ammonia; 

(c) any necessary expenses you incur to reduce the amount of loss under this 

coverage to the extent that they do not exceed the amount of loss that 

otherwise would have been payable under this coverage. 

(2) If you are unable to replace the “perishable goods” before its anticipated sale, the 

amount of our payment will be determined on the basis of the sales price of the 

“perishable goods” at the time of the “accident,” less discounts and expenses you 

otherwise would have had. Otherwise our payment will be determined in accordance 

with the Valuation condition. 

The most we will pay for loss, damage or expense under this coverage is $100,000 unless 

otherwise shown in a Schedule. 

d. Data Restoration 

We will pay for your reasonable and necessary cost to research, replace and restore lost 

“data.”

The most we will pay for loss or expense under this coverage, including actual loss of 

Business Income you sustain and necessary Extra Expense you incur, if shown as 

covered, is $100,000 unless otherwise shown in a Schedule. 

e. Service Interruption

(1) Any insurance provided for Business Income, Extra Expense or Spoilage is extended 

to apply to your loss, damage or expense caused by the interruption of utility 

services. The interruption must result from an “accident” to equipment, including 

overhead transmission lines, that is owned by a utility, landlord, a landlord’s utility or 

other supplier who provides you with any of the following services: electrical power, 

waste disposal, air conditioning, refrigeration, heating, natural gas, compressed air, 

water, steam, internet access, telecommunications services, wide area networks or 

data transmission. The equipment must meet the definition of “covered equipment” 

except that it is not Covered Property. 

(2) We will not pay for any loss of Business Income you sustain that results from the 

interruption of utility services during the first 24 hours following the “accident.” 

However, if a deductible is shown in a Schedule as provided for in paragraph B.1. 

below, or if the “period of restoration” begins more than 24 hours after the time of the 

direct physical damage for Business Income, then that deductible or time period will 

apply instead of the 24 hours provided for in this paragraph. 

(3) The most we will pay in any “one accident” for loss, damage or expense under this 

coverage is the applicable limit for Business Income, Extra Expense or Spoilage, 

except that if a limit is shown in a Schedule for Service Interruption, that limit will 

apply to Business Income and Extra Expense loss under this coverage. 

f. Business Income and Extra Expense

Any insurance provided under this coverage part for Business Income or Extra Expense is 

extended to the coverage provided by this endorsement. However, if a deductible is shown 

in a Schedule, then as respects Equipment Breakdown coverage, the “period of restoration” 

will begin immediately after the “accident,” and the deductible shown in the Schedule will 

apply. 

The most we will pay for loss or expense under this coverage is the applicable limit for 

Business Income and Extra Expense, unless otherwise shown in a Schedule. 

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3. EXCLUSIONS 

All exclusions in the Causes of Loss form apply except as modified below and to the extent that 

coverage is specifically provided by this Additional Coverage Equipment Breakdown. 

a. The following exclusions are modified: 

(1) If the Causes of Loss -- Basic Form or Causes of Loss – Broad Form applies, the 

following is added to Exclusion B.2.: Depletion, deterioration, corrosion, erosion, wear 

and tear, or other gradually developing conditions. However, if an “accident” results, 

we will pay for the resulting loss, damage or expense caused by that “accident.”

(2) The following is added to Exclusion B.1.g.: 

However, if electrical “covered equipment” requires drying out because of Water as 

described in g.(1) through g.(3) above, we will pay for the direct expenses of such 

drying out subject to the applicable Limit of Insurance and deductible for Building or 

Business Personal Property, whichever applies. 

(3) If the Causes of Loss—Special Form applies, as respects this endorsement only, the 

last paragraph of Exclusion B.2.d. is deleted and replaced with the following: 

But if an excluded cause of loss that is listed in 2.d.(1) through (7) results in an 

“accident,” we will pay for the loss, damage or expense caused by that “accident.”

b. The following exclusions are added: 

(1) We will not pay for loss, damage or expense caused by or resulting from: 

(a) a hydrostatic, pneumatic or gas pressure test of any boiler or pressure vessel, 

or an electrical insulation breakdown test of any type of electrical equipment; or 

(b) any of the following: 

(i) defect, programming error, programming limitation, computer virus, 

malicious code, loss of “data,” loss of access, loss of use, loss of 

functionality or other condition within or involving “data” or “media” of any

kind; or 

(ii) misalignment, miscalibration, tripping off-line, or any condition which can 

be corrected by resetting, tightening, adjusting or cleaning, or by the 

performance of maintenance. 

However, if an “accident” results, we will pay for the resulting loss, damage or 

expense caused by that “accident.”

(2) With respect to Service Interruption coverage, we will also not pay for an “accident” 

caused by or resulting from: fire; lightning; windstorm or hail; explosion (except as 

specifically provided in A.1.c. above); smoke; aircraft or vehicles; riot or civil 

commotion; vandalism; sprinkler leakage; falling objects; weight of snow, ice or sleet; 

freezing; collapse; flood or earth movement. 

(3) With respect to Business Income, Extra Expense and Service Interruption coverages, 

we will also not pay for any increase in loss resulting from an agreement between 

you and your customer or supplier. 

(4) We will not pay for loss, damage or expense caused directly or indirectly by the 

following, whether or not caused by or resulting from an “accident”: Any mold, fungus, 

mildew or yeast, including any spores or toxins produced by or emanating from such 

mold, fungus, mildew or yeast. This includes, but is not limited to, costs arising from 

clean up, removal, or abatement of such mold, fungus, mildew or yeast, spores or 

toxins. However, this exclusion does not apply to spoilage of personal property that is 

“perishable goods,” to the extent that spoilage is covered under Spoilage coverage. 

(5) We will not pay for any loss or damage to animals. 

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4. DEFINITIONS 

The following definitions are added: 

a. “Boilers and vessels” means:

(1) Any boiler, including attached steam, condensate and feedwater piping; and 

(2) Any fired or unfired pressure vessel subject to vacuum or internal pressure other than 

the static pressure of its contents. 

This term does not appear elsewhere in this endorsement, but may appear in a Schedule. 

b. “Covered equipment”

(1) “Covered equipment” means, unless otherwise specified in a Schedule, Covered 

Property: 

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

communications and data processing equipment; or 

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

the weight of its contents. 

(2) None of the following is “covered equipment”:

(a) structure, foundation, cabinet, compartment or air supported structure or 

building; 

(b) insulating or refractory material; 

(c) sewer piping, buried vessels or piping, or piping forming a part of a sprinkler or 

fire suppression system; 

(d) water piping other than boiler feedwater piping, boiler condensate return piping 

or water piping forming a part of a refrigerating or air conditioning system; 

(e) “vehicle”or any equipment mounted on a “vehicle”;

(f) satellite, spacecraft or any equipment mounted on a satellite or spacecraft; 

(g) dragline, excavation or construction equipment; or 

(h) equipment manufactured by you for sale. 

c. “Data” means information or instructions stored in digital code capable of being processed 

by machinery. 

d. “Hazardous substance” means any substance that is hazardous to health or has been 

declared to be hazardous to health by a governmental agency. 

e. “Media” means material on which “data” is recorded, such as magnetic tapes, hard disks, 

optical disks or floppy disks. 

f. “One accident” means: If an initial “accident” causes other “accidents,” all will be 

considered “one accident.” All “accidents” that are the result of the same event will be 

considered “one accident.”

g. “Perishable goods” means personal property maintained under controlled conditions for its 

preservation, and susceptible to loss or damage if the controlled conditions change. 

h. “Production machinery” means any machine or apparatus that processes or produces a 

product intended for eventual sale. However, “production machinery” does not mean any 

fired or unfired pressure vessel other than a cylinder containing a movable plunger or 

piston. 

This term does not appear elsewhere in this endorsement, but may appear in a Schedule. 

i. “Vehicle” means, as respects this endorsement only, any machine or apparatus that is used 

for transportation or moves under its own power. “Vehicle” includes, but is not limited to, 

car, truck, bus, trailer, train, aircraft, watercraft, forklift, bulldozer, tractor or harvester. 

However, any property that is stationary, permanently installed at a covered location and 

that receives electrical power from an external power source will not be considered a 

“vehicle.”

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C. The Building and Personal Property Coverage Form is modified as follows. 

The definitions stated above also apply to section B. of this endorsement. 

1. DEDUCTIBLE 

The deductible in the Declarations applies unless a separate Equipment Breakdown deductible is 

shown in a Schedule. If a separate Equipment Breakdown deductible is shown, the following 

applies. 

Only as regards Equipment Breakdown Coverage, provision D. DEDUCTIBLE is deleted and 

replaced with the following: 

a. Deductibles for Each Coverage 

(1) Unless the Schedule indicates that your deductible is combined for all coverages, 

multiple deductibles may apply to any “one accident.”

(2) We will not pay for loss, damage or expense under any coverage until the amount of 

the covered loss, damage or expense exceeds the deductible amount indicated for 

that coverage in the Schedule. 

We will then pay the amount of loss, damage or expense in excess of the applicable 

deductible amount, subject to the applicable limit. 

(3) If deductibles vary by type of “covered equipment” and more than one type of 

“covered equipment” is involved in any “one accident,” only the highest deductible for 

each coverage will apply. 

b. Direct and Indirect Coverages 

(1) Direct Coverages Deductibles and Indirect Coverages Deductibles may be indicated 

in the Schedule. 

(2) Unless more specifically indicated in the Schedule: 

(a) Indirect Coverages Deductibles apply to Business Income and Extra Expense 

loss; and 

(b) Direct Coverages Deductibles apply to all remaining loss, damage or expense 

covered by this endorsement. 

c. Application of Deductibles 

(1) Dollar Deductibles 

We will not pay for loss, damage or expense resulting from any “one accident” until 

the amount of loss, damage or expense exceeds the applicable Deductible shown in 

the Schedule. We will then pay the amount of loss, damage or expense in excess of 

the applicable Deductible or Deductibles, up to the applicable Limit of Insurance. 

(2) Time Deductible 

If a time deductible is shown in the Schedule, we will not be liable for any loss 

occurring during the specified number of hours or days immediately following the 

“accident.” If a time deductible is expressed in days, each day shall mean twenty-four 

consecutive hours. 

(3) Multiple of Average Daily Value (ADV) 

If a deductible is expressed as a number times ADV, that amount will be calculated 

as follows: 

The ADV (Average Daily Value) will be the Business Income (as defined in any 

Business Income coverage that is part of this policy) that would have been earned 

during the period of interruption of business had no “accident” occurred, divided by 

the number of working days in that period. No reduction shall be made for the 

Business Income not being earned, or in the number of working days, because of the 

“accident” or any other scheduled or unscheduled shutdowns during the period of 

interruption. The ADV applies to the Business Income value of the entire location, 

whether or not the loss affects the entire location. If more than one location is 

included in the valuation of the loss, the ADV will be the combined value of all 

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affected locations. For purposes of this calculation, the period of interruption may not 

extend beyond the “period of restoration.”

The number indicated in the Schedule will be multiplied by the ADV as determined 

above. The result shall be used as the applicable deductible. 

(4) Percentage of Loss Deductibles 

If a deductible is expressed as a percentage of loss, we will not be liable for the 

indicated percentage of the gross amount of loss, damage or expense (prior to any 

applicable deductible or coinsurance) insured under the applicable coverage. If the 

dollar amount of such percentage is less than the indicated minimum deductible, the 

minimum deductible will be the applicable deductible. 

2. CONDITIONS 

The following conditions are in addition to the Conditions in the Building and Personal Property 

Coverage Form, the Commercial Property Conditions and the Common Policy Conditions. 

a. Suspension 

Whenever “covered equipment” is found to be in, or exposed to, a dangerous condition, 

any of our representatives may immediately suspend the insurance against loss from an 

“accident” to that “covered equipment.” This can be done by mailing or delivering a written 

notice of suspension to: 

(1) your last known address; or 

(2) the address where the “covered equipment” is located.

Once suspended in this way, your insurance can be reinstated only by an endorsement for 

that “covered equipment.” If we suspend your insurance, you will get a pro rata refund of 

premium for that “covered equipment” for the period of suspension. But the suspension will 

be effective even if we have not yet made or offered a refund. 

b. Jurisdictional Inspections 

If any property that is “covered equipment” under this endorsement requires inspection to 

comply with state or municipal boiler and pressure vessel regulations, we agree to perform 

such inspection on your behalf. We do not warrant that conditions are safe or healthful. 

c. Environmental, Safety and Efficiency Improvements 

If “covered equipment” requires replacement due to an “accident,” we will pay your 

additional cost to replace with equipment that is better for the environment, safer or more 

efficient than the equipment being replaced. However, we will not pay more than 125% of 

what the cost would have been to replace with like kind and quality. This condition does not 

increase any of the applicable limits. This condition does not apply to any property to which 

Actual Cash Value applies. 

d. Coinsurance 

If a coinsurance percentage is shown in a Schedule for specified coverages, the following 

condition applies. We will not pay for the full amount of your loss if the applicable limit is 

less than the product of the specified coinsurance percentage times the value of the 

property subject to the coverage at the time of the loss. Instead, we will determine what 

percentage this calculated product is compared to the applicable limit and apply that 

percentage to the gross amount of loss. We will then subtract the applicable deductible. 

The resulting amount, or the applicable limit, is the most we will pay. We will not pay for the 

remainder of the loss. Coinsurance applies separately to each insured location. 

The most we will pay for loss, damage or expense under this endorsement arising from any “one 

accident” is the applicable Limit of Insurance in the Declarations unless otherwise shown in a Schedule. 

Coverage provided under this endorsement does not provide an additional amount of insurance. 

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AES CP 001 04 20 Page 1 of 1

POLICY NUMBER: COMMERCIAL PROPERTY

AES CP 001 04 20

EXISTING DAMAGE EXCLUSION ENDORSMENT

This endorsement modifies insurance provided under the following:

COVERED CAUSES OF LOSS – BASIC FORM

COVERED CAUSES OF LOSS – BROAD FORM

COVERED CAUSES OF LOSS – SPECIAL FORM

The following is added to Section B. Exclusions

This policy will not pay for loss or damage to Covered Property or Business Income or Extra Expense 

or Rental Income:

(a) which first occurred before the policy inception date regardless of whether the loss or damage was 

known at the inception date of this policy or became known at a later date; or

(b) caused directly or indirectly by workmanship, repairs and/or lack of repairs due to loss or damage 

which occurred before the policy inception date.

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POLICY NUMBER: COMMERCIAL PROPERTY

AESCP012 07 16

THIS ENDORSEMENT CHANGESTHE POLICY. PLEASE READ IT CAREFULLY.

EXCLUSION – POLLUTION, ORGANIC PATHOGENS AND 

ASBESTOS

This endorsement modifies the insurance provided under the following: 

BUILDING AND PERSONAL PROPERTY COVERAGE FORM 

CAUSES OF LOSS – BASIC FORM 

CAUSES OF LOSS – BROAD FORM 

CAUSES OF LOSS – SPECIAL FORM 

I. The BUILDING AND PERSONAL PROPERTY COVERAGE FORM is amended as follows:

A. Section A. COVERAGE, 4. Additional Coverages, d.Pollutant Clean-Up and Removal is 

deleted in its entirety.

B. Section H.Definitions section is amended as follows:

1. Paragraph 2. Pollutants is deleted and replaced with the following:

“Pollutants” means any solid, liquid, gaseous or thermal irritant or contaminant, including 

smoke, vapor, soot, fumes, alkalis, chemicals, toxic or hazardous substances and waste. 

Waste includes materials to be, or that have been, recycled, reconditioned or reclaimed. 

2. The following definition is added: 

“Organic Pathogen” means:

a. Any organic irritant or contaminant including, but not limited to, “fungus”, wet or dry rot, 

bacteria, virus or other microorganism of any type, and their by-products such as spores or 

mycotoxin; or 

b. Any disease-causing agent as classified by the Environmental Protection Agency. 

II. The CAUSES OF LOSS – BASIC FORM, CAUSES OF LOSS – BROAD FORM and CAUSES OF 

LOSS – SPECIAL FORM are amended as follow:

A. Section B. Exclusions is amended as follows:

1. Exclusion h.“Fungus”, Wet Rot, Dry Rot, and Bacteriais deleted and replaced with the 

following:

We will not pay for loss or damage caused directly or indirectly by any of the following. Such 

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

concurrently or in any sequence to the loss. 

Organic Pathogens 

Presence, growth, proliferation, spread or any activity of “organic pathogens”.

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This exclusion applies regardless of whether there is any: 

a. Direct physical loss or damage to Covered Property; 

b. Loss of use, occupancy or functionality or decreased valuation of Covered Property or loss 

of Business Income; 

c. Action required including, but not limited to, testing, repair, replacement, removal, cleanup, abatement, disposal, relocation, or actions taken to address medical or legal concerns; 

or

d. Suit or administrative proceeding, or action involving the insured. 

2. The following replaces Exclusion 2.Iin Section B.Exclusions in the CAUSES OF LOSS – 

SPECIAL FORMand is added to Paragraph 2. in Section B.Exclusions in the CAUSES OF 

LOSS – BASIC FORM and CAUSES OF LOSS – BROAD FORM:

We will not pay for loss or damage caused by or resulting from any of the following: 

Pollution 

The discharge, dispersal, seepage, migration, release, escape or existence of contaminants or 

“pollutants”.

This exclusion applies regardless of whether there is any: 

a. Direct physical loss or damage to Covered Property;

b. Other cause of loss that contributes concurrently or in any sequence to the existence of a 

“pollutant”;

c. Loss of use, occupancy or functionality or decreased valuation of Covered Property of loss 

of Business Income; 

d. Cost of removal, treatment, disposal, decontamination, replacement, or restoration of 

Covered Property which has been contaminated by toxic or hazardous substances, 

contaminants or “pollutants” and by law or civil authority must be removed, contained, 

treated, detoxified or neutralized, disposed of, decontaminated, replaced or restored; or 

e. Suit or administrative proceeding or action involving the insured. 

3. The following exclusion is added to Section B.Exclusions and is not a Covered Cause of 

Loss: 

Asbestos 

We will not pay for loss or damage arising out of, resulting from, or related in any way to 

asbestos, asbestos-containing material or any material or substance containing asbestos or 

that is alleged to have contained asbestos. 

We shall have no duty of any kind with respect to any such loss or damage. 

B. Section E. Additional Coverage – Limited Coverage for “Fungus”, Wet Rot, Dry Rot And 

Bacteria is deleted in its entirety 

All other terms and conditions remain unchanged. 

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AESCP014 07 16 AmTrustE&SInsuranceServicesInc. Page 1 of 1

POLICY NUMBER: COMMERCIAL PROPERTY

AESCP014 07 16

THIS ENDORSEMENT CHANGESTHE POLICY. PLEASE READ IT CAREFULLY.

EXCLUSION – VOLCANIC ERUPTION

This endorsement modifies the insurance provided under the following: 

CAUSES OF LOSS – BASIC FORM 

CAUSES OF LOSS – BROAD FORM 

CAUSES OF LOSS – SPECIAL FORM 

A. Paragraph 1.b.(5)in Section B. Exclusions is replaced by the following: 

(5) Any loss, damage, claim, cost, expense, fine, penalty or other sum caused directly or indirectly by 

volcanic eruption, explosion, or effusion, including Volcanic Action. 

Volcanic Action means direct loss or damage resulting from the eruption of a volcano when the 

loss or damage is caused by: 

(a) Airborne volcanic blast or airborne shock waves; 

(b) Ash, dust or particulate matter; or 

(c) Lava flow. 

All volcanic eruptions that occur within any 168-hour period will constitute a single occurrence. 

This exclusion applies regardless of whether: 

(1) There is any direct physical loss or damage to Covered Property; 

(2) There is any other cause of loss that contributes concurrently or in any sequence to the 

volcanic eruption, explosion or effusion, or Volcanic Action; 

(3) There is any loss of use, occupancy or functionality or decreased valuation of Covered 

Property or loss of Business Income; 

(4) There is any suit or administrative proceeding or action involving the insured; or 

(5) Any of the above, in Paragraphs (a), (b), or (c), is caused by an act of nature or is otherwise 

caused. 

B. In the CAUSES OF LOSS – BASIC FORM and CAUSES OF LOSS – BROAD FORM,Section A.

Covered Causes of Loss, 11. Volcanic Action is deleted in its entirety.

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POLICY NUMBER: COMMERCIAL GENERAL LIABILITY

AES GL 207 03 14

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

AES GL 207 03 14 Page 1 of 1

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

HABITABILITY EXCLUSION 

This endorsement modifies insurance provided under the following: 

COMMERCIAL GENERAL LIABILITY COVERAGE PART

This Policy is hereby amended as follows:

A. 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:

2. Exclusions

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

arising out of or resulting from the alleged or actual: 

1. violation of any federal, state, county, or local laws, ordinances, statutes, programs, rules, health 

codes, or any other violation including, but not limited to, any Housing and Urban Development laws, 

rent stabilization laws and ordinances, state or local Section 8 (government subsidy) programs; any 

administrative rules or regulations pertaining to any of the foregoing including, but not limited to, those 

promulgated by local municipalities; 

2. failure of any insured to maintain any premises in, or restore any premises to, a safe, sanitary, healthy, 

habitable, or tenantable condition; or 

3. wrongful eviction, either actual or constructive arising out of 1. or 2. above. 

B. We will have no duty to defend or indemnify any insured in any action or proceeding alleging damages arising 

out of the above. 

All other terms and conditions remain unchanged.

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COMMERCIAL GENERAL LIABILITY

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THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. 

CG 00 01 12 07 © ISO Properties, Inc., 2006 Page 1 of 15 

COMMERCIAL GENERAL LIABILITY COVERAGE FORM

Various provisions in this policy restrict coverage. 

Read the entire policy carefully to determine rights, 

duties and what is and is not covered. 

Throughout this policy the words "you" and "your" 

refer to the Named Insured shown in the Declarations, 

and any other person or organization qualifying as a 

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

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

insurance. 

The word "insured" means any person or organization 

qualifying as such under Section II – Who Is An Insured. 

Other words and phrases that appear in quotation 

marks have special meaning. Refer to Section V –

Definitions. 

SECTION I – COVERAGES 

COVERAGE A BODILY INJURY AND PROPERTY 

DAMAGE LIABILITY 

1. Insuring Agreement 

a. We will pay those sums that the insured becomes legally obligated to pay as damages 

because of "bodily injury" or "property damage" 

to which this insurance applies. We will have 

the right and duty to defend the insured against 

any "suit" seeking those damages. However, 

we will have no duty to defend the insured 

against any "suit" seeking damages for "bodily 

injury" or "property damage" to which this insurance does not apply. We may, at our discretion, investigate any "occurrence" and settle 

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

 (1) The amount we will pay for damages is 

limited as described in Section III – Limits 

Of Insurance; and 

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

have used up the applicable limit of insurance in the payment of judgments or settlements under Coverages A or B or medical expenses under Coverage C. 

No other obligation or liability to pay sums or 

perform acts or services is covered unless explicitly provided for under Supplementary Payments – Coverages A and B. 

b. This insurance applies to "bodily injury" and 

"property damage" only if: 

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

caused by an "occurrence" that takes place 

in the "coverage territory"; 

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

occurs during the policy period; and 

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

under Paragraph 1. of Section II – Who Is 

An Insured and no "employee" authorized 

by you to give or receive notice of an "occurrence" or claim, knew that the "bodily injury" or "property damage" had occurred, in 

whole or in part. If such a listed insured or 

authorized "employee" knew, prior to the 

policy period, that the "bodily injury" or 

"property damage" occurred, then any continuation, change or resumption of such 

"bodily injury" or "property damage" during 

or after the policy period will be deemed to 

have been known prior to the policy period. 

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

occurs during the policy period and was not, 

prior to the policy period, known to have occurred by any insured listed under Paragraph 

1. of Section II – Who Is An Insured or any 

"employee" authorized by you to give or receive notice of an "occurrence" or claim, includes any continuation, change or resumption 

of that "bodily injury" or "property damage" after the end of the policy period. 

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

deemed to have been known to have occurred 

at the earliest time when any insured listed under Paragraph 1. of Section II – Who Is An Insured or any "employee" authorized by you to 

give or receive notice of an "occurrence" or 

claim: 

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

or "property damage" to us or any other insurer; 

(2) Receives a written or verbal demand or 

claim for damages because of the "bodily 

injury" or "property damage"; or 

(3) Becomes aware by any other means that 

"bodily injury" or "property damage" has occurred or has begun to occur. 

e. Damages because of "bodily injury" include 

damages claimed by any person or organization for care, loss of services or death resulting 

at any time from the "bodily injury". 

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2. Exclusions 

This insurance does not apply to: 

a. Expected Or Intended Injury 

"Bodily injury" or "property damage" expected 

or intended from the standpoint of the insured. 

This exclusion does not apply to "bodily injury" 

resulting from the use of reasonable force to 

protect persons or property. 

b. Contractual Liability 

"Bodily injury" or "property damage" for which 

the insured is obligated to pay damages by 

reason of the assumption of liability in a contract or agreement. This exclusion does not 

apply to liability for damages: 

 (1) That the insured would have in the absence 

of the contract or agreement; or 

 (2) Assumed in a contract or agreement that is 

an "insured contract", provided the "bodily 

injury" or "property damage" occurs subsequent to the execution of the contract or 

agreement. Solely for the purposes of liability assumed in an "insured contract", reasonable 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 party's 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 "property damage" for which 

any insured may be held liable by reason of: 

 (1) Causing or contributing to the intoxication of 

any person; 

 (2) The furnishing of alcoholic beverages to a 

person under the legal drinking age or under the influence of alcohol; or 

 (3) Any statute, ordinance or regulation relating 

to the sale, gift, distribution or use of alcoholic beverages. 

This exclusion applies 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' 

compensation, disability benefits or unemployment compensation law or any similar law. 

e. Employer's Liability 

"Bodily injury" to: 

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

and in the course of: 

 (a) Employment by the insured; or 

(b) Performing duties related to the conduct 

of the insured's business; or 

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

of that "employee" as a consequence of Paragraph (1) above. 

This exclusion applies whether the insured 

may be liable as an employer or in any other 

capacity and to any obligation to share damages with or repay someone else who must pay 

damages because of the injury. 

This exclusion does not apply to liability assumed by the insured under an "insured contract". 

f. Pollution 

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

out of the actual, alleged or threatened discharge, dispersal, seepage, migration, release or escape of "pollutants": 

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

which is or was at any time owned or 

occupied by, or rented or loaned to, any 

insured. However, this subparagraph 

does not apply to: 

(i) "Bodily injury" if sustained within a 

building and caused by smoke, 

fumes, vapor or soot produced by or 

originating from equipment that is 

used to heat, cool or dehumidify the 

building, or equipment that is used to 

heat water for personal use, by the 

building's occupants or their guests; 

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

for which you may be held liable, if 

you are a contractor and the owner 

or lessee of such premises, site or 

location has been added to your policy as an additional insured with respect to your ongoing operations 

performed for that additional insured 

at that premises, site or location and 

such premises, site or location is not 

and never was owned or occupied 

by, or rented or loaned to, any insured, other than that additional insured; or 

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

arising out of heat, smoke or fumes 

from a "hostile fire"; 

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

which is or was at any time used by or 

for any insured or others for the handling, storage, disposal, processing or 

treatment of waste; 

 (c) Which are or were at any time transported, handled, stored, treated, disposed of, or processed as waste by or 

for: 

(i) Any insured; or 

(ii) Any person or organization for whom 

you may be legally responsible; or 

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

on which any insured or any contractors 

or subcontractors working directly or indirectly on any insured's behalf are performing operations if the "pollutants" are 

brought on or to the premises, site or location in connection with such operations by such insured, contractor or subcontractor. However, this subparagraph 

does not apply to: 

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

arising out of the escape of fuels, lubricants or other operating fluids 

which are needed to perform the 

normal electrical, hydraulic or mechanical functions necessary for the 

operation of "mobile equipment" or 

its parts, if such fuels, lubricants or 

other operating fluids escape from a 

vehicle part designed to hold, store 

or receive them. This exception does 

not apply if the "bodily injury" or 

"property damage" arises out of the 

intentional discharge, dispersal or release of the fuels, lubricants or other 

operating fluids, or if such fuels, lubricants or other operating fluids are 

brought on or to the premises, site or 

location with the intent that they be 

discharged, dispersed or released as 

part of the operations being performed by such insured, contractor 

or subcontractor; 

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

sustained within a building and 

caused by the release of gases, 

fumes or vapors from materials 

brought into that building in connection with operations being performed 

by you or on your behalf by a contractor or subcontractor; or 

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

arising out of heat, smoke or fumes 

from a "hostile fire". 

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

on which any insured or any contractors 

or subcontractors working directly or indirectly on any insured's behalf are performing operations if the operations are 

to test for, monitor, clean up, remove, 

contain, treat, detoxify or neutralize, or 

in any way respond to, or assess the effects of, "pollutants". 

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

any: 

 (a) Request, demand, order or statutory or 

regulatory requirement that any insured 

or others test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess 

the effects of, "pollutants"; or 

(b) Claim or "suit" by or on behalf of a governmental authority for damages because of testing for, monitoring, cleaning 

up, removing, containing, treating, detoxifying or neutralizing, or in any way 

responding to, or assessing the effects 

of, "pollutants". 

However, this paragraph does not apply to 

liability for damages because of "property 

damage" that the insured would have in the 

absence of such request, demand, order or 

statutory or regulatory requirement, or such 

claim or "suit" by or on behalf of a governmental authority. 

g. Aircraft, Auto Or Watercraft 

"Bodily injury" or "property damage" arising out 

of the ownership, maintenance, use or entrustment to others of any aircraft, "auto" or watercraft owned or operated by or rented or 

loaned to any insured. Use includes operation 

and "loading or unloading". 

This exclusion applies even if the claims 

against any insured allege negligence or other 

wrongdoing in the supervision, hiring, employment, training or monitoring of others by that 

insured, if the "occurrence" which caused the 

"bodily injury" or "property damage" involved 

the ownership, maintenance, use or entrustment to others of any aircraft, "auto" or watercraft that is owned or operated by or rented or 

loaned to any insured. 

This exclusion does not apply to: 

 (1) A watercraft while ashore on premises you 

own or rent; 

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

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 (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 f.(2) or 

f.(3) of the definition of "mobile equipment". 

h. Mobile Equipment 

"Bodily injury" or "property damage" arising out 

of: 

 (1) The transportation of "mobile equipment" by 

an "auto" owned or operated by or rented or 

loaned to any insured; or 

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

in practice for, or while being prepared for, 

any prearranged racing, speed, demolition, 

or stunting activity. 

i. War 

"Bodily injury" or "property damage", however 

caused, arising, directly or indirectly, out of: 

 (1) War, including undeclared or civil war;

 (2) Warlike action by a military force, including 

action in hindering or defending against an 

actual or expected attack, by any government, sovereign or other authority using 

military personnel or other agents; or

 (3) Insurrection, rebellion, revolution, usurped 

power, or action taken by governmental authority in hindering or defending against any 

of these.

j. Damage To Property 

"Property damage" to: 

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

any costs or expenses incurred by you, or 

any other person, organization or entity, for 

repair, replacement, enhancement, restoration or maintenance of such property for 

any reason, including prevention of injury to 

a person or damage to another's property; 

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

the "property damage" arises out of any 

part of those premises; 

 (3) Property loaned to you; 

 (4) Personal property in the care, custody or 

control of the insured; 

 (5) That particular part of real property on 

which you or any contractors or subcontractors working directly or indirectly on your 

behalf are performing operations, if the 

"property damage" arises out of those operations; or 

 (6) That particular part of any property that 

must be restored, repaired or replaced because "your work" was incorrectly performed on it. 

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

not apply to "property damage" (other than 

damage by fire) to premises, including the contents of such premises, rented to you for a period of 7 or fewer consecutive days. A separate 

limit of insurance applies to Damage To Premises Rented To You as described in Section 

III – Limits Of Insurance. 

Paragraph (2) of this exclusion does not apply 

if the premises are "your work" and were never 

occupied, rented or held for rental by you. 

Paragraphs (3), (4), (5) and (6) of this exclusion do not apply to liability assumed under a 

sidetrack agreement. 

Paragraph (6) of this exclusion does not apply 

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

k. Damage To Your Product 

"Property damage" to "your product" arising out 

of it or any part of it. 

l. Damage To Your Work 

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

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

This exclusion does not apply if the damaged 

work or the work out of which the damage arises was performed on your behalf by a subcontractor. 

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m. Damage To Impaired Property Or Property 

Not Physically Injured 

"Property damage" to "impaired property" or 

property that has not been physically injured, 

arising out of: 

 (1) A defect, deficiency, inadequacy or dangerous condition in "your product" or "your 

work"; or 

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

on your behalf to perform a contract or 

agreement in accordance with its terms. 

This exclusion does not apply to the loss of use 

of other property arising out of sudden and accidental physical injury to "your product" or 

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

use. 

n. Recall Of Products, Work Or Impaired 

Property 

Damages claimed for any loss, cost or expense incurred by you or others for the loss of 

use, withdrawal, recall, inspection, repair, replacement, adjustment, removal or disposal of: 

 (1) "Your product"; 

 (2) "Your work"; or 

 (3) "Impaired property"; 

if such product, work, or property is withdrawn 

or recalled from the market or from use by any 

person or organization because of a known or 

suspected defect, deficiency, inadequacy or 

dangerous condition in it. 

o. Personal And Advertising Injury 

"Bodily injury" arising out of "personal and advertising injury". 

p. Electronic Data 

Damages arising out of the loss of, loss of use 

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

or inability to manipulate electronic data. 

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. 

Exclusions c. through n. do not apply to damage 

by fire to premises while rented to you or temporarily occupied by you with permission of the owner. 

A separate limit of insurance applies to this coverage as described in Section III – Limits Of Insurance. 

COVERAGE B PERSONAL AND ADVERTISING 

INJURY LIABILITY 

1. Insuring Agreement 

a. We will pay those sums that the insured becomes legally obligated to pay as damages 

because of "personal and advertising injury" to 

which this insurance applies. We will have the 

right and duty to defend the insured against 

any "suit" seeking those damages. However, 

we will have no duty to defend the insured 

against any "suit" seeking damages for "personal and advertising injury" to which this insurance does not apply. We may, at our discretion, investigate any offense and settle any 

claim or "suit" that may result. But: 

 (1) The amount we will pay for damages is 

limited as described in Section III – Limits 

Of Insurance; and 

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

have used up the applicable limit of insurance in the payment of judgments or settlements under Coverages A or B or medical expenses under Coverage C. 

No other obligation or liability to pay sums or 

perform acts or services is covered unless explicitly provided for under Supplementary Payments – Coverages A and B.

b. This insurance applies to "personal and advertising injury" caused by an offense arising out 

of your business but only if the offense was 

committed in the "coverage territory" during the 

policy period. 

2. Exclusions 

This insurance does not apply to: 

a. Knowing Violation Of Rights Of Another 

"Personal and advertising injury" caused by or 

at the direction of the insured with the knowledge that the act would violate the rights of 

another and would inflict "personal and advertising injury". 

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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 place before the beginning 

of the policy period. 

d. Criminal Acts 

"Personal and advertising injury" arising out of 

a criminal act committed by or at the direction 

of the insured. 

e. Contractual Liability 

"Personal and advertising injury" for which the 

insured has assumed liability in a contract or 

agreement. This exclusion does not apply to 

liability for damages that the insured would 

have in the absence of the contract or agreement. 

f. Breach Of Contract 

"Personal and advertising injury" arising out of 

a breach of contract, except an implied contract to use another's advertising idea in your 

"advertisement". 

g. Quality Or Performance Of Goods – Failure 

To Conform To Statements 

"Personal and advertising injury" arising out of 

the failure of goods, products or services to 

conform with any statement of quality or performance made in your "advertisement". 

h. Wrong Description Of Prices 

"Personal and advertising injury" arising out of 

the wrong description of the price of goods, 

products or services stated in your "advertisement". 

i. Infringement Of Copyright, Patent, 

Trademark Or Trade Secret 

"Personal and advertising injury" arising out of 

the infringement of copyright, patent, trademark, trade secret or other intellectual property 

rights. Under this exclusion, such other intellectual property rights do not include the use of 

another's advertising idea in your "advertisement". 

However, this exclusion does not apply to infringement, in your "advertisement", of copyright, trade dress or slogan. 

j. Insureds In Media And Internet Type 

Businesses

"Personal and advertising injury" committed by 

an insured whose business is: 

 (1) Advertising, broadcasting, publishing or 

telecasting; 

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

(3) An Internet search, access, content or 

service provider. 

However, this exclusion does not apply to Paragraphs 14.a., b. and c. of "personal and advertising injury" under the Definitions Section. 

For the purposes of this exclusion, the placing 

of frames, borders or links, or advertising, for 

you or others anywhere on the Internet, is not 

by itself, considered the business of advertising, broadcasting, publishing or telecasting. 

k. Electronic Chatrooms Or Bulletin Boards 

"Personal and advertising injury" arising out of 

an electronic chatroom or bulletin board the insured hosts, owns, or over which the insured 

exercises control. 

l. Unauthorized Use Of Another's Name Or 

Product 

"Personal and advertising injury" arising out of 

the unauthorized use of another's name or 

product in your e-mail address, domain name 

or metatag, or any other similar tactics to mislead another's potential customers. 

m. Pollution 

"Personal and advertising injury" arising out of 

the actual, alleged or threatened discharge, 

dispersal, seepage, migration, release or escape of "pollutants" at any time. 

n. Pollution-Related 

Any loss, cost or expense arising out of any: 

 (1) Request, demand, order or statutory or 

regulatory requirement that any insured or 

others test for, monitor, clean up, remove, 

contain, treat, detoxify or neutralize, or in 

any way respond to, or assess the effects 

of, "pollutants"; or 

(2) Claim or suit by or on behalf of a governmental authority for damages because of 

testing for, monitoring, cleaning up, removing, containing, treating, detoxifying or neutralizing, or in any way responding to, or 

assessing the effects of, "pollutants". 

o. War 

"Personal and advertising injury", however 

caused, arising, directly or indirectly, out of: 

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 (1) War, including undeclared or civil war; 

 (2) Warlike action by a military force, including 

action in hindering or defending against an 

actual or expected attack, by any government, sovereign or other authority using 

military personnel or other agents; or 

 (3) Insurrection, rebellion, revolution, usurped 

power, or action taken by governmental authority in hindering or defending against any 

of these.

p. Distribution Of Material In Violation Of 

Statutes 

"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; 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. 

COVERAGE C MEDICAL PAYMENTS 

1. Insuring Agreement 

a. We will pay medical expenses as described 

below for "bodily injury" caused by an accident: 

 (1) On premises you own or rent; 

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

or 

 (3) Because of your operations; 

provided that: 

 (a) The accident takes place in the "coverage territory" and during the policy period; 

 (b) The expenses are incurred and reported 

to us within one year of the date of the 

accident; and 

 (c) The injured person submits to examination, at our expense, by physicians of 

our choice as often as we reasonably 

require. 

b. We will make these payments regardless of 

fault. These payments will not exceed the applicable limit of insurance. We will pay reasonable expenses for: 

 (1) First aid administered at the time of an 

accident; 

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

dental services, including prosthetic devices; and 

 (3) Necessary ambulance, hospital, professional nursing and funeral services. 

2. Exclusions 

We will not pay expenses for "bodily injury": 

a. Any Insured 

To any insured, except "volunteer workers". 

b. Hired Person 

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

any insured or a tenant of any insured. 

c. Injury On Normally Occupied Premises 

To a person injured on that part of premises 

you own or rent that the person normally occupies. 

d. Workers Compensation And Similar Laws 

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

any insured, if benefits for the "bodily injury" 

are payable or must be provided under a workers' compensation or disability benefits law or a 

similar law. 

e. Athletics Activities 

To a person injured while practicing, instructing 

or participating in any physical exercises or 

games, sports, or athletic contests. 

f. Products-Completed Operations Hazard 

Included within the "products-completed operations hazard". 

g. Coverage A Exclusions 

Excluded under Coverage A.

SUPPLEMENTARY PAYMENTS – COVERAGES A 

AND B 

1. We will pay, with respect to any claim we investigate or settle, or any "suit" against an insured we 

defend: 

a. All expenses we incur. 

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

because of accidents or traffic law violations 

arising out of the use of any vehicle to which 

the Bodily Injury Liability Coverage applies. We 

do not have to furnish these bonds. 

c. The cost of bonds to release attachments, but 

only for bond amounts within the applicable 

limit of insurance. We do not have to furnish 

these bonds. 

d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or "suit", including actual loss of earnings up to $250 a day 

because of time off from work. 

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e. All court costs taxed against the insured in the 

"suit". However, these payments do not include 

attorneys' fees or attorneys' expenses taxed 

against the insured. 

f. Prejudgment interest awarded against the 

insured on that part of the judgment we pay. If 

we make an offer to pay the applicable limit of 

insurance, we will not pay any prejudgment interest based on that period of time after the offer. 

g. All interest on the full amount of any judgment 

that accrues after entry of the judgment and 

before we have paid, offered to pay, or deposited in court the part of the judgment that is 

within the applicable limit of insurance. 

These payments will not reduce the limits of insurance. 

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

indemnitee of the insured is also named as a party 

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

the following conditions are met: 

a. The "suit" against the indemnitee seeks damages for which the insured has assumed the 

liability of the indemnitee in a contract or 

agreement that is an "insured contract"; 

b. This insurance applies to such liability assumed by the insured; 

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

defense of, that indemnitee, has also been assumed by the insured in the same "insured 

contract"; 

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

we know about the "occurrence" are such that 

no conflict appears to exist between the interests of the insured and the interests of the indemnitee; 

e. The indemnitee and the insured ask us to 

conduct and control the defense of that indemnitee against such "suit" and agree that we can 

assign the same counsel to defend the insured 

and the indemnitee; and 

f. The indemnitee: 

 (1) Agrees in writing to: 

 (a) Cooperate with us in the investigation, 

settlement or defense of the "suit"; 

(b) Immediately send us copies of any 

demands, notices, summonses or legal 

papers received in connection with the 

"suit"; 

 (c) Notify any other insurer whose coverage 

is available to the indemnitee; and 

(d) Cooperate with us with respect to coordinating other applicable insurance 

available to the indemnitee; and 

 (2) Provides us with written authorization to: 

 (a) Obtain records and other information 

related to the "suit"; and 

(b) Conduct and control the defense of the 

indemnitee in such "suit". 

So long as the above conditions are met, attorneys' fees incurred by us in the defense of that indemnitee, necessary litigation expenses incurred 

by us and necessary litigation expenses incurred 

by the indemnitee at our request will be paid as 

Supplementary Payments. Notwithstanding the 

provisions of Paragraph 2.b.(2) of Section I –

Coverage A – Bodily Injury And Property Damage 

Liability, such payments will not be deemed to be 

damages for "bodily injury" and "property damage" 

and will not reduce the limits of insurance. 

Our obligation to defend an insured's indemnitee 

and to pay for attorneys' fees and necessary litigation expenses as Supplementary Payments ends 

when we have used up the applicable limit of insurance in the payment of judgments or settlements or the conditions set forth above, or the 

terms of the agreement described in Paragraph f.

above, are no longer met. 

SECTION II – WHO IS AN INSURED 

1. If you are designated in the Declarations as: 

a. An individual, you and your spouse are insureds, but only with respect to the conduct of a 

business of which you are the sole owner. 

b. A partnership or joint venture, you are an insured. Your members, your partners, and their 

spouses are also insureds, but only with respect to the conduct of your business. 

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

Your members are also insureds, but only with 

respect to the conduct of your business. Your 

managers are insureds, but only with respect 

to their duties as your managers. 

d. An organization other than a partnership, joint 

venture or limited liability company, you are an 

insured. Your "executive officers" and directors 

are insureds, but only with respect to their duties as your officers or directors. Your stockholders are also insureds, but only with respect 

to their liability as stockholders. 

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

also insureds, but only with respect to their duties as trustees. 

2. Each of the following is also an insured: 

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a. Your "volunteer workers" only while performing 

duties related to the conduct of your business, 

or your "employees", other than either your 

"executive officers" (if you are an organization 

other than a partnership, joint venture or limited 

liability company) or your managers (if you are 

a limited liability company), but only for acts 

within the scope of their employment by you or 

while performing duties related to the conduct 

of your business. However, none of these "employees" or "volunteer workers" are insureds 

for: 

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

injury": 

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

you are a partnership or joint venture), 

to your members (if you are a limited 

liability company), to a co-"employee" 

while in the course of his or her employment or performing duties related to 

the conduct of your business, or to your 

other "volunteer workers" while performing duties related to the conduct of your 

business; 

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

sister of that co-"employee" or "volunteer worker" as a consequence of Paragraph (1)(a) above; 

 (c) For which there is any obligation to 

share damages with or repay someone 

else who must pay damages because of 

the injury described in Paragraphs (1)(a)

or (b) above; or 

(d) Arising out of his or her providing or 

failing to provide professional health 

care services. 

(2) "Property damage" to property: 

 (a) Owned, occupied or used by, 

(b) Rented to, in the care, custody or control of, or over which physical control is 

being exercised for any purpose by 

you, any of your "employees", "volunteer 

workers", any partner or member (if you are 

a partnership or joint venture), or any member (if you are a limited liability company). 

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

"volunteer worker"), or any organization while 

acting as your real estate manager. 

c. Any person or organization having proper 

temporary custody of your property if you die, 

but only: 

 (1) With respect to liability arising out of the 

maintenance or use of that property; and 

 (2) Until your legal representative has been 

appointed. 

d. Your legal representative if you die, but only 

with respect to duties as such. That representative will have all your rights and duties under 

this Coverage Part. 

3. Any organization you newly acquire or form, other 

than a partnership, joint venture or limited liability 

company, and over which you maintain ownership 

or majority interest, will qualify as a Named Insured if there is no other similar insurance available to that organization. However: 

a. Coverage under this provision is afforded only 

until the 90th day after you acquire or form the 

organization or the end of the policy period, 

whichever is earlier; 

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

"property damage" that occurred before you 

acquired or formed the organization; and 

c. Coverage B does not apply to "personal and 

advertising injury" arising out of an offense 

committed before you acquired or formed the 

organization. 

No person or organization is an insured with respect 

to the conduct of any current or past partnership, joint 

venture or limited liability company that is not shown 

as a Named Insured in the Declarations. 

SECTION III – LIMITS OF INSURANCE 

 1. The Limits of Insurance shown in the Declarations 

and the rules below fix the most we will pay regardless of the number of: 

a. Insureds; 

b. Claims made or "suits" brought; or 

c. Persons or organizations making claims or 

bringing "suits". 

2. The General Aggregate Limit is the most we will 

pay for the sum of: 

a. Medical expenses under Coverage C; 

b. Damages under Coverage A, except damages 

because of "bodily injury" or "property damage" 

included in the "products-completed operations 

hazard"; and 

c. Damages under Coverage B. 

3. The Products-Completed Operations Aggregate 

Limit is the most we will pay under Coverage A for 

damages because of "bodily injury" and "property 

damage" included in the "products-completed operations hazard". 

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

Advertising Injury Limit is the most we will pay under Coverage B for the sum of all damages because of all "personal and advertising injury" sustained by any one person or organization. 

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

applies, the Each Occurrence Limit is the most we 

will pay for the sum of: 

a. Damages under Coverage A; and 

b. Medical expenses under Coverage C 

because of all "bodily injury" and "property damage" arising out of any one "occurrence". 

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

Premises Rented To You Limit is the most we will 

pay under Coverage A for damages because of 

"property damage" to any one premises, while 

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

while rented to you or temporarily occupied by you 

with permission of the owner. 

7. Subject to Paragraph 5. above, the Medical Expense Limit is the most we will pay under Coverage C for all medical expenses because of "bodily 

injury" sustained by any one person. 

The Limits of Insurance of this Coverage Part apply 

separately to each consecutive annual period and to 

any remaining period of less than 12 months, starting 

with the beginning of the policy period shown in the 

Declarations, unless the policy period is extended 

after issuance for an additional period of less than 12 

months. In that case, the additional period will be 

deemed part of the last preceding period for purposes 

of determining the Limits of Insurance. 

SECTION IV – COMMERCIAL GENERAL LIABILITY 

CONDITIONS 

1. Bankruptcy 

Bankruptcy or insolvency of the insured or of the 

insured's estate will not relieve us of our obligations under this Coverage Part. 

2. Duties In The Event Of Occurrence, Offense, 

Claim Or Suit 

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

as practicable of an "occurrence" or an offense 

which may result in a claim. To the extent 

possible, notice should include: 

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

offense took place; 

 (2) The names and addresses of any injured 

persons and witnesses; and 

 (3) The nature and location of any injury or 

damage arising out of the "occurrence" or 

offense. 

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

any insured, you must: 

 (1) Immediately record the specifics of the 

claim or "suit" and the date received; and 

 (2) Notify us as soon as practicable. 

You must see to it that we receive written notice of the claim or "suit" as soon as practicable. 

c. You and any other involved insured must: 

 (1) Immediately send us copies of any demands, notices, summonses or legal papers received in connection with the claim 

or "suit"; 

 (2) Authorize us to obtain records and other 

information; 

 (3) Cooperate with us in the investigation or 

settlement of the claim or defense against 

the "suit"; and 

 (4) Assist us, upon our request, in the enforcement of any right against any person 

or organization which may be liable to the 

insured because of injury or damage to 

which this insurance may also apply. 

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

cost, voluntarily make a payment, assume any 

obligation, or incur any expense, other than for 

first aid, without our consent. 

3. Legal Action Against Us 

No person or organization has a right under this 

Coverage Part: 

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

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

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

its terms have been fully complied with. 

A person or organization may sue us to recover on 

an agreed settlement or on a final judgment 

against an insured; but we will not be liable for 

damages that are not payable under the terms of 

this Coverage Part or that are in excess of the applicable limit of insurance. An agreed settlement 

means a settlement and release of liability signed 

by us, the insured and the claimant or the claimant's legal representative. 

4. Other Insurance 

If other valid and collectible insurance is available 

to the insured for a loss we cover under Coverages A or B of this Coverage Part, our obligations 

are limited as follows: 

a. Primary Insurance 

This insurance is primary except when Paragraph b. below applies. If this insurance is primary, our obligations are not affected unless 

any of the other insurance is also primary. 

Then, we will share with all that other insurance by the method described in Paragraph c.

below. 

b. Excess Insurance 

(1) This insurance is excess over: 

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 (a) Any of the other insurance, whether 

primary, excess, contingent or on any 

other basis: 

(i) That is Fire, Extended Coverage, 

Builder's Risk, Installation Risk or 

similar coverage for "your work"; 

(ii) That is Fire insurance for premises 

rented to you or temporarily occupied by you with permission of the 

owner; 

(iii) That is insurance purchased by you 

to cover your liability as a tenant for 

"property damage" to premises 

rented to you or temporarily occupied by you with permission of the 

owner; or 

(iv) If the loss arises out of the maintenance or use of aircraft, "autos" or watercraft to the extent not subject to 

Exclusion g. of Section I – Coverage 

A – Bodily Injury And Property Damage Liability. 

 (b) Any other primary insurance available to 

you covering liability for damages arising out of the premises or operations, or 

the products and completed operations, 

for which you have been added as an 

additional insured 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 the insured 

against that "suit". If no other insurer defends, we will undertake to do so, but we 

will be entitled to the insured's rights 

against all those other insurers. 

 (3) When this insurance is excess over other 

insurance, we will pay only our share of the 

amount of the loss, if any, that exceeds the 

sum of:

 (a) The total amount that all such other 

insurance would pay for the loss in the 

absence of this insurance; and 

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

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

with any other insurance that is not described in this Excess Insurance provision 

and was not bought specifically to apply in 

excess of the Limits of Insurance shown in 

the Declarations of this Coverage Part. 

c. Method Of Sharing 

If all of the other insurance permits contribution 

by equal shares, we will follow this method also. Under this approach each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss 

remains, whichever comes first. 

If any of the other insurance does not permit 

contribution by equal shares, we will contribute 

by limits. Under this method, each insurer's 

share is based on the ratio of its applicable limit of insurance to the total applicable limits of 

insurance of all insurers. 

5. Premium Audit 

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

rates. 

b. Premium shown in this Coverage Part as advance premium is a deposit premium only. At 

the close of each audit period we will compute 

the earned premium for that period and send 

notice to the first Named Insured. The due date 

for audit and retrospective premiums is the 

date shown as the due date on the bill. If the 

sum of the advance and audit premiums paid 

for the policy period is greater than the earned 

premium, we will return the excess to the first 

Named Insured. 

c. The first Named Insured must keep records of 

the information we need for premium computation, and send us copies at such times as we 

may request. 

6. Representations 

By accepting this policy, you agree: 

a. The statements in the Declarations are accurate and complete; 

b. Those statements are based upon representations you made to us; and 

c. We have issued this policy in reliance upon 

your representations. 

7. Separation Of Insureds 

Except with respect to the Limits of Insurance, and 

any rights or duties specifically assigned in this 

Coverage Part to the first Named Insured, this insurance applies: 

a. As if each Named Insured were the only 

Named Insured; and 

b. Separately to each insured against whom claim 

is made or "suit" is brought. 

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8. Transfer Of Rights Of Recovery Against Others 

To Us 

If the insured has rights to recover all or part of 

any payment we have made under this Coverage 

Part, those rights are transferred to us. The insured must do nothing after loss to impair them. At 

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

those rights to us and help us enforce them. 

9. When We Do Not Renew 

If we decide not to renew this Coverage Part, we 

will mail or deliver to the first Named Insured 

shown in the Declarations written notice of the 

nonrenewal not less than 30 days before the expiration date. 

If notice is mailed, proof of mailing will be sufficient 

proof of notice. 

SECTION V – DEFINITIONS 

1. "Advertisement" means a notice that is broadcast 

or published to the general public or specific market segments about your goods, products or services for the purpose of attracting customers or 

supporters. For the purposes of this definition: 

a. Notices that are published include material 

placed on the Internet or on similar electronic 

means of communication; and 

b. Regarding web-sites, only that part of a website that is about your goods, products or services for the purposes of attracting customers 

or supporters is considered an advertisement. 

2. "Auto" means: 

a. A land motor vehicle, trailer or semitrailer designed for travel on public roads, including any 

attached machinery or equipment; or 

b. Any other land vehicle that is subject to a compulsory or financial responsibility law or other 

motor vehicle insurance law in the state where 

it is licensed or principally garaged. 

However, "auto" does not include "mobile equipment". 

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

disease sustained by a person, including death resulting from any of these at any time. 

4. "Coverage territory" means: 

a. The United States of America (including its 

territories and possessions), Puerto Rico and 

Canada; 

b. International waters or airspace, but only if the 

injury or damage occurs in the course of travel 

or transportation between any places included 

in Paragraph a. above; or 

c. All other parts of the world if the injury or damage arises out of: 

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

the territory described in Paragraph a.

above;

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

the territory described in Paragraph a.

above, but is away for a short time on your 

business; or 

 (3) "Personal and advertising injury" offenses 

that take place through the Internet or similar electronic means of communication 

provided the insured's responsibility to pay damages is determined in a "suit" on the merits, in the 

territory described in Paragraph a. above or in a 

settlement we agree to. 

5. "Employee" includes a "leased worker". "Employee" does not include a "temporary worker". 

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

the officer positions created by your charter, constitution, 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 incorporates "your product" or "your work" 

that is known or thought to be defective, deficient, inadequate or dangerous; or 

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

or agreement; 

if such property can be restored to use by the repair, replacement, adjustment or removal of "your 

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

of the contract or agreement. 

9. "Insured contract" means: 

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

that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire to premises while 

rented to you or temporarily occupied by you 

with permission of the owner is not an "insured 

contract"; 

b. A sidetrack agreement; 

c. Any easement or license agreement, except in 

connection with construction or demolition operations on or within 50 feet of a railroad; 

d. An obligation, as required by ordinance, to 

indemnify a municipality, except in connection 

with work for a municipality; 

e. An elevator maintenance agreement; 

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f. That part of any other contract or agreement 

pertaining to your business (including an indemnification of a municipality in connection 

with work performed for a municipality) under 

which you assume the tort liability of another 

party to pay for "bodily injury" or "property 

damage" to a third person or organization. Tort 

liability means a liability that would be imposed 

by law in the absence of any contract or 

agreement. 

Paragraph f. does not include that part of any 

contract or agreement: 

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

or "property damage" arising out of construction or demolition operations, within 50 

feet of any railroad property and affecting 

any railroad bridge or trestle, tracks, roadbeds, tunnel, underpass or crossing; 

 (2) That indemnifies an architect, engineer or 

surveyor for injury or damage arising out of: 

 (a) Preparing, approving, or failing to prepare or approve, maps, shop drawings, 

opinions, reports, surveys, field orders, 

change orders or drawings and specifications; or 

(b) Giving directions or instructions, or 

failing to give them, if that is the primary 

cause of the injury or damage; or 

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

engineer or surveyor, assumes liability for 

an injury or damage arising out of the insured's rendering or failure to render professional services, including those listed in 

(2) above and supervisory, inspection, architectural or engineering activities. 

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

a labor leasing firm under an agreement between 

you and the labor leasing firm, to perform duties 

related to the conduct of your business. "Leased 

worker" does not include a "temporary worker". 

11."Loading or unloading" means the handling of 

property: 

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

accepted for movement into or onto an aircraft, 

watercraft or "auto"; 

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

"auto"; or 

c. While it is being moved from an aircraft, watercraft or "auto" to the place where it is finally delivered; 

but "loading or unloading" does not include the 

movement of property by means of a mechanical 

device, other than a hand truck, that is not attached to the aircraft, watercraft or "auto". 

12."Mobile equipment" means any of the following 

types of land vehicles, including any attached machinery or equipment: 

a. Bulldozers, farm machinery, forklifts and other 

vehicles designed for use principally off public 

roads; 

b. Vehicles maintained for use solely on or next to 

premises you own or rent; 

c. Vehicles that travel on crawler treads; 

d. Vehicles, whether self-propelled or not, maintained primarily to provide mobility to permanently mounted: 

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

drills; or 

 (2) Road construction or resurfacing equipment 

such as graders, scrapers or rollers; 

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

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

maintained primarily to provide mobility to permanently attached equipment of the following 

types: 

 (1) Air compressors, pumps and generators, 

including spraying, welding, building cleaning, geophysical exploration, lighting and 

well servicing equipment; or 

 (2) Cherry pickers and similar devices used to 

raise or lower workers; 

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

or d. above maintained primarily for purposes 

other than the transportation of persons or cargo. 

However, self-propelled vehicles with the following types of permanently attached equipment are not "mobile equipment" but will be 

considered "autos": 

 (1) Equipment designed primarily for: 

 (a) Snow removal; 

(b) Road maintenance, but not construction 

or resurfacing; or 

 (c) Street cleaning; 

 (2) Cherry pickers and similar devices mounted 

on automobile or truck chassis and used to 

raise or lower workers; and 

(3) Air compressors, pumps and generators, 

including spraying, welding, building cleaning, geophysical exploration, lighting and 

well servicing equipment. 

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However, "mobile equipment" does not include 

any land vehicles that are subject to a compulsory 

or financial responsibility law or other motor vehicle insurance law 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 harmful conditions. 

14."Personal and advertising injury" means injury, 

including consequential "bodily injury", arising out 

of one or more of the following offenses: 

a. False arrest, detention or imprisonment; 

b. Malicious prosecution; 

c. The wrongful eviction from, wrongful entry into, 

or invasion of the right of private occupancy of 

a room, dwelling or premises that a person occupies, committed by or on behalf of its owner, 

landlord or lessor; 

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

material that slanders or libels a person or organization or disparages a person's or organization's goods, products or services; 

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

material that violates a person's right of privacy; 

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

"advertisement"; or 

g. Infringing upon another's copyright, trade dress 

or slogan in your "advertisement". 

15."Pollutants" mean any solid, liquid, gaseous or 

thermal irritant or contaminant, including smoke, 

vapor, soot, fumes, acids, alkalis, chemicals and 

waste. Waste includes materials to be recycled, 

reconditioned or reclaimed. 

16."Products-completed operations hazard": 

a. Includes all "bodily injury" and "property damage" occurring away from premises you own or 

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

work" except: 

 (1) Products that are still in your physical possession; or 

 (2) Work that has not yet been completed or 

abandoned. However, "your work" will be 

deemed completed at the earliest of the following times: 

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

contract has been completed. 

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

job site has been completed if your contract calls for work at more than one job 

site. 

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

site has been put to its intended use by 

any person or organization other than 

another contractor or subcontractor 

working on the same project. 

Work that may need service, maintenance, 

correction, repair or replacement, but which 

is otherwise complete, will be treated as 

completed. 

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

damage" arising out of: 

 (1) The transportation of property, unless the 

injury or damage arises out of a condition in 

or on a vehicle not owned or operated by 

you, and that condition was created by the 

"loading or unloading" of that vehicle by any 

insured; 

 (2) The existence of tools, uninstalled equipment or abandoned or unused materials; or 

 (3) Products or operations for which the classification, listed in the Declarations or in a 

policy schedule, states that productscompleted operations are subject to the 

General Aggregate Limit. 

17."Property damage" means: 

a. Physical injury to tangible property, including 

all resulting loss of use of that property. All 

such loss of use shall be deemed to occur at 

the time of the physical injury that caused it; or 

b. Loss of use of tangible property that is not 

physically injured. All such loss of use shall be 

deemed to occur at the time of the "occurrence" that caused it. 

For the purposes of this insurance, electronic data 

is not tangible property. 

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, CD-ROMS, tapes, 

drives, cells, data processing devices or any other 

media which are used with electronically controlled 

equipment. 

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

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

"personal and advertising injury" to which this insurance applies are alleged. "Suit" includes: 

a. An arbitration proceeding in which such damages are claimed and to which the insured 

must submit or does submit with our consent; 

or 

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b. Any other alternative dispute resolution proceeding in which such damages are claimed 

and to which the insured submits with our consent. 

19."Temporary worker" means a person who is furnished to you to substitute for a permanent "employee" on leave or to meet seasonal or short-term 

workload conditions. 

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

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

and acts at the direction of and within the scope of 

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

salary or other compensation by you or anyone 

else for their work performed for you. 

21."Your product": 

a. Means: 

 (1) Any goods or products, other than real 

property, manufactured, sold, handled, distributed or disposed of by: 

 (a) You; 

(b) Others trading under your name; or 

 (c) A person or organization whose business or assets you have acquired; and 

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

parts or equipment furnished in connection 

with such goods or products. 

b. Includes:

 (1) Warranties or representations made at any 

time with respect to the fitness, quality, durability, performance or use of "your product"; and

 (2) The providing of or failure to provide warnings or instructions. 

c. Does not include vending machines or other 

property rented to or located for the use of others but not sold. 

22."Your work": 

a. Means: 

 (1) Work or operations performed by you or on 

your behalf; and 

 (2) Materials, parts or equipment furnished in 

connection with such work or operations. 

b. Includes:

 (1) Warranties or representations made at any 

time with respect to the fitness, quality, durability, performance or use of "your work", 

and 

 (2) The providing of or failure to provide warnings or instructions.

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COMMERCIAL GENERAL LIABILITY

CG 00 68 05 09 

CG 00 68 05 09 © Insurance Services Office, Inc., 2008 Page 1 of 1 

RECORDING AND DISTRIBUTION OF MATERIAL OR 

INFORMATION IN VIOLATION OF LAW EXCLUSION 

This endorsement 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 Liability 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 (FACTA); or

 (4) Any federal, state or local statute, ordinance or regulation, other than the 

TCPA, CAN-SPAM Act of 2003 or 

FCRA and their amendments and additions, that addresses, prohibits, or limits 

the printing, dissemination, disposal, 

collecting, recording, sending, transmitting, communicating or distribution of 

material or information. 

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 statute, ordinance or regulation, other than the 

TCPA, CAN-SPAM Act of 2003 or 

FCRA and their amendments and additions, that addresses, prohibits, or limits 

the printing, dissemination, disposal, 

collecting, recording, sending, transmitting, communicating or distribution of 

material or information. 

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COMMERCIAL GENERAL LIABILITY

CG 01 03 06 06

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

CG 01 03 06 06 © ISO Properties, Inc., 2005 Page 1 of 1

TEXAS CHANGES

This endorsement modifies insurance provided under the following: 

COMMERCIAL GENERAL LIABILITY COVERAGE PART

A. With regard to liability for Bodily Injury, Property 

Damage and Personal And Advertising Injury, 

unless we are prejudiced by the insured's or your 

failure to comply with the requirement, no provision of this Coverage Part requiring you or any 

insured to give notice of "occurrence", claim or 

"suit", or forward demands, notices, summonses 

or legal papers in connection with a claim or 

"suit" will bar coverage under this Coverage Part.

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COMMERCIAL GENERAL LIABILITY

CG 21 07 05 14

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. 

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

EXCLUSION – ACCESS OR DISCLOSURE OF 

CONFIDENTIAL OR PERSONAL INFORMATION AND 

DATA-RELATED LIABILITY – LIMITED BODILY INJURY 

EXCEPTION NOT INCLUDED 

This endorsement modifies insurance provided under the following: 

COMMERCIAL GENERAL LIABILITY COVERAGE PART 

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

Bodily Injury And Property Damage Liability is 

replaced by the following: 

2. Exclusions 

This insurance does not apply to: 

 p. Access Or Disclosure Of Confidential Or 

Personal Information And Data-related 

Liability 

Damages arising out of: 

(1) Any access to or disclosure of any 

person's or organization's confidential or 

personal information, including patents, 

trade secrets, processing methods, 

customer lists, financial information, 

credit card information, health 

information or any other type of 

nonpublic information; or 

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

corruption of, inability to access, or 

inability to manipulate electronic data. 

This exclusion applies even if damages are 

claimed for notification costs, credit 

monitoring expenses, forensic expenses, 

public relations expenses or any other loss, 

cost or expense incurred by you or others 

arising out of that which is described in 

Paragraph (1) or (2) above. 

As used in this exclusion, electronic data 

means information, facts or programs 

stored as or on, created or used on, or 

transmitted to or from computer software, 

including systems and applications 

software, hard or floppy disks, CD-ROMs, 

tapes, drives, cells, data processing 

devices or any other media which are used 

with electronically controlled equipment. 

B. The following is added to Paragraph 2. 

Exclusions of Section I – Coverage B – 

Personal And Advertising Injury Liability: 

2. Exclusions 

This insurance does not apply to: 

Access Or Disclosure Of Confidential Or 

Personal Information 

"Personal and advertising injury" arising out of 

any access to or disclosure of any person's or 

organization's confidential or personal 

information, including patents, trade secrets, 

processing methods, customer lists, financial 

information, credit card information, health 

information or any other type of nonpublic 

information. 

This exclusion applies even if damages are 

claimed for notification costs, credit monitoring 

expenses, forensic expenses, public relations 

expenses or any other loss, cost or expense 

incurred by you or others arising out of any 

access to or disclosure of any person's or 

organization's confidential or personal 

information. 

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COMMERCIAL GENERAL LIABILITY

CG 21 09 06 15

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. 

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

EXCLUSION – UNMANNED AIRCRAFT 

This endorsement modifies insurance provided under the following: 

COMMERCIAL GENERAL LIABILITY COVERAGE PART 

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

Section I – Coverage A – Bodily Injury And 

Property Damage Liability is replaced by the 

following: 

 2. Exclusions 

This insurance does not apply to: 

 g. Aircraft, Auto Or Watercraft 

 (1) Unmanned Aircraft 

"Bodily injury" or "property damage" 

arising out of the ownership, 

maintenance, use or entrustment to 

others of any aircraft that is an 

"unmanned aircraft". Use includes 

operation and "loading or unloading". 

This Paragraph g.(1) applies even if the 

claims against any insured allege 

negligence or other wrongdoing in the 

supervision, hiring, employment, training 

or monitoring of others by that insured, if 

the "occurrence" which caused the 

"bodily injury" or "property damage" 

involved the ownership, maintenance, 

use or entrustment to others of any 

aircraft that is an "unmanned aircraft". 

 (2) Aircraft (Other Than Unmanned 

Aircraft), Auto Or Watercraft 

"Bodily injury" or "property damage" 

arising out of the ownership, 

maintenance, use or entrustment to 

others of any aircraft (other than 

"unmanned aircraft"), "auto" or 

watercraft owned or operated by or 

rented or loaned to any insured. Use 

includes operation and "loading or 

unloading". 

This Paragraph g.(2) applies even if the 

claims against any insured allege 

negligence or other wrongdoing in the 

supervision, hiring, employment, training 

or monitoring of others by that insured, if 

the "occurrence" which caused the 

"bodily injury" or "property damage" 

involved the ownership, maintenance, 

use or entrustment to others of any 

aircraft (other than "unmanned aircraft"), 

"auto" or watercraft that is owned or 

operated by or rented or loaned to any 

insured. 

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

(a) A watercraft while ashore on 

premises you own or rent; 

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

(i) Less than 26 feet long; and 

(ii) Not being used to carry persons 

or property for a charge; 

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

next to, premises you own or rent, 

provided the "auto" is not owned by 

or rented or loaned to you or the 

insured; 

(d) Liability assumed under any "insured 

contract" for the ownership, 

maintenance or use of aircraft or 

watercraft; or 

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

arising out of: 

(i) The operation of machinery or 

equipment that is attached to, or 

part of, a land vehicle that would 

qualify under the definition of 

"mobile equipment" if it were not 

subject to a compulsory or 

financial responsibility law or 

other motor vehicle insurance law 

where it is licensed or principally 

garaged; or 

(ii) The operation of any of the 

machinery or equipment listed in 

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

definition of "mobile equipment". 

B. The following exclusion is added to Paragraph 2. 

Exclusions of Coverage B – Personal And 

Advertising Injury Liability: 

 2. Exclusions 

This insurance does not apply to: 

Unmanned Aircraft 

"Personal and advertising injury" arising out of 

the ownership, maintenance, use or 

entrustment to others of any aircraft that is an 

"unmanned aircraft". Use includes operation 

and "loading or unloading". 

This exclusion applies even if the claims 

against any insured allege negligence or other 

wrongdoing in the supervision, hiring, 

employment, training or monitoring of others by 

that insured, if the offense which caused the 

"personal and advertising injury" involved the 

ownership, maintenance, use or entrustment to 

others of any aircraft that is an "unmanned 

aircraft". 

This exclusion does not apply to: 

a. The use of another's advertising idea in 

your "advertisement"; or 

b. Infringing upon another's copyright, trade 

dress or slogan in your "advertisement". 

C. The following definition is added to the Definitions 

section:

"Unmanned aircraft" means an aircraft that is not: 

1. Designed; 

2. Manufactured; or 

3. Modified after manufacture; 

to be controlled directly by a person from within or 

on the aircraft. 

 GOLDMARK000072

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COMMERCIAL GENERAL LIABILITY

CG 21 32 05 09 

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

CG 21 32 05 09 © Insurance Services Office, Inc., 2008 Page 1 of 1 

COMMUNICABLE DISEASE EXCLUSION 

This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

A. The following exclusion is added to Paragraph 2.

Exclusions of Section I – Coverage A – Bodily 

Injury And Property Damage Liability:

2. Exclusions

This insurance does not apply to:

Communicable Disease

"Bodily injury" or "property damage" arising out 

of the actual or alleged transmission of a communicable disease. 

This exclusion applies even if the claims 

against any insured allege negligence or other 

wrongdoing in the: 

a. Supervising, hiring, employing, training or 

monitoring of others that may be infected 

with and spread a communicable disease; 

b. Testing for a communicable disease; 

c. Failure to prevent the spread of the disease; or 

d. Failure to report the disease to authorities. 

B. The following exclusion is added to Paragraph 2. 

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

2. Exclusions

This insurance does not apply to:

Communicable Disease

"Personal and advertising injury" arising out of 

the actual or alleged transmission of a communicable disease. 

This exclusion applies even if the claims 

against any insured allege negligence or other 

wrongdoing in the: 

a. Supervising, hiring, employing, training or 

monitoring of others that may be infected 

with and spread a communicable disease;

b. Testing for a communicable disease;

c. Failure to prevent the spread of the disease; or

d. Failure to report the disease to authorities.

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Case 3:22-cv-02118-X Document 320-5 Filed 09/28/23 Page 77 of 189 PageID 10908
POLICY NUMBER: AES1203881 00 COMMERCIAL GENERAL LIABILITY

CG 21 44 07 98

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. 

CG 21 44 07 98 Copyright, Insurance Services Office, Inc., 1997 Page 1 of 1 

LIMITATION OF COVERAGE TO DESIGNATED 

PREMISES OR PROJECT 

This endorsement modifies insurance provided under the following: 

COMMERCIAL GENERAL LIABILITY COVERAGE PART 

SCHEDULE 

Premises:

13636 Goldmark Dr

Dallas, TX 75240

Project:

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

applicable to this endorsement.) 

This insurance applies only to "bodily injury", "property damage", "personal and advertising injury" and medical 

expenses arising out of: 

1. The ownership, maintenance or use of the premises shown in the Schedule and operations necessary or 

incidental to those premises; or 

2. The project shown in the Schedule. 

 GOLDMARK000077

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POLICY NUMBER: COMMERCIAL GENERAL LIABILITY

CG 21 47 12 07

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. 

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

EMPLOYMENT-RELATED PRACTICES EXCLUSION 

This endorsement modifies insurance provided under the following: 

COMMERCIAL GENERAL LIABILITY COVERAGE PART 

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

Exclusions of Section I – Coverage A – Bodily 

Injury And Property Damage Liability: 

This insurance does not apply to: 

"Bodily injury" to: 

 (1) A person arising out of any: 

 (a) Refusal to employ that person; 

(b) Termination of that person's employment; 

or 

 (c) Employment-related practices, policies, 

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

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

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

that person as a consequence of "bodily injury" 

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

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

This exclusion applies: 

 (1) Whether the injury-causing event described in 

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

employment, during employment or after employment of that person; 

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

 (3) To any obligation to share damages with or 

repay someone else who must pay damages 

because of the injury. 

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

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

This insurance does not apply to: 

"Personal and advertising injury" to: 

 (1) A person arising out of any: 

(a) Refusal to employ that person; 

(b) Termination of that person's employment; 

or 

(c) Employment-related practices, policies, 

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

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

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

that person as a consequence of "personal and 

advertising injury" to that person at whom any 

of the employment-related practices described 

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

This exclusion applies: 

 (1) Whether the injury-causing event described in 

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

employment, during employment or after employment of that person; 

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

 (3) To any obligation to share damages with or 

repay someone else who must pay damages 

because of the injury. 

AES1203881 00

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COMMERCIAL GENERAL LIABILITY

CG 21 49 09 99

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

CG 21 49 09 99 Copyright, Insurance Services Office, Inc., 1998 Page 1 of 1

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". 

 GOLDMARK000081

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Includes copyrighted material of Insurance Services Office, Inc. With its Permission

b. Protracted and obvious physical disfigurement; or

c. Protracted loss of or impairment of the 

function of a bodily member or organ; or

3. The terrorism involves the use, release or 

escape of nuclear materials, or directly or indirectly results in nuclear reaction or radiation or 

radioactive contamination; or

4. The terrorism is carried out by means of the 

dispersal or application of pathogenic or poisonous biological or chemical materials; or

5. Pathogenic or poisonous biological or chemical 

materials are released, and it appears that one 

purpose of the terrorism was to release such 

materials.

With respect to this exclusion, Paragraphs 1. and 

2. describe the thresholds used to measure the 

magnitude of an incident of an "other act of terrorism" and the circumstances in which the threshold 

will apply for the purpose of determining whether 

this exclusion will apply to that incident.

B. The following definitions are added:

1. For the purposes of this endorsement, “any 

injury or damage” means any injury or damage 

covered under any Coverage Part to which this 

endorsement is applicable, and includes but is 

not limited to “bodily injury”, “property damage”, 

“clean up costs”, “mold clean up costs”, or “crisis management expense” as may be defined 

in any applicable Coverage Part.

2. “Certified act of terrorism” means an act that is 

certified by the Secretary of the Treasury, in concurrence with 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 Act. 

The criteria contained in the Terrorism Risk Insurance 

Act for a “certified act of terrorism” include the following:

a. The act resulted in insured losses in excess 

of $5 million in the aggregate, attributable to 

all types of insurance subject to the Terrorism Risk Insurance Act; 

b. The act resulted in damage: 

(1) Within the United States (including its 

territories and possessions and Puerto 

Rico); or

(2) Outside of the United States in the case 

of:

(a) An air carrier (as defined in Section 

40102 of title 49, United States 

Code) or United States flag vessel 

(or a vessel based principally in the 

United States, on which United 

States income tax is paid and whose 

insurance coverage is subject to 

regulation in the United States), regardless of where the loss occurs; or

(b) The premises of any United States 

mission; and 

 c. 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 a violent act or 

an act that is dangerous to human life, property 

or infrastructure that is committed by an individual or individuals and that appears to be 

part of an effort to coerce a civilian population 

or to influence the policy or affect the conduct 

of any government by coercion, and the act is 

not a "certified act of terrorism".

Multiple incidents of an “other act of terrorism”

which occur within a seventy-two hour period 

and appear to be carried out in concert or to 

have a related purpose or common leadership 

shall be considered to be one incident.

C. In the event of any incident of a “certified act of 

terrorism” or an “other act of terrorism” that is not 

subject to this exclusion, coverage does not apply 

to any loss or damage that is otherwise excluded 

under this Coverage Part.

 GOLDMARK000084

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POLICY NUMBER: AES1203881 00 COMMERCIAL GENERAL LIABILITY

CG 24 07 01 96

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. 

CG 24 07 01 96 Copyright, Insurance Services Office, Inc., 1994 Page 1 of 1

PRODUCTS/COMPLETED OPERATIONS HAZARD 

REDEFINED 

This endorsement modifies insurance provided under the following: 

COMMERCIAL GENERAL LIABILITY COVERAGE PART 

PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART 

SCHEDULE 

Description of Premises and Operations: Hotel 

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

applicable to this endorsement.) 

With respect to "bodily injury" or "property damage" 

arising out of "your products" manufactured, sold, 

handled or distributed: 

1. On, from or in connection with the use of any premises described in the Schedule, or 

2. In connection with the conduct of any operation 

described in the Schedule, when conducted by you 

or on your behalf, 

Paragraph a. of the definition of "Products-completed 

operations hazard" in the DEFINITIONS Section is 

replaced by the following: 

"Products-completed operations hazard": 

a. Includes all "bodily injury" and "property damage" that arises out of "your products" if the 

"bodily injury" or "property damage" occurs after you have relinquished possession of those 

products. 

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COMMERCIAL GENERAL LIABILITY

CG 26 39 12 07

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. 

CG 26 39 12 07 © ISO Properties, Inc., 2006 Page 1 of 1

TEXAS CHANGES – EMPLOYMENT-RELATED 

PRACTICES EXCLUSION 

This endorsement modifies insurance provided under the following: 

COMMERCIAL GENERAL LIABILITY COVERAGE PART 

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

Exclusions of Section I – Coverage A – Bodily 

Injury And Property Damage Liability: 

This insurance does not apply to: 

"Bodily injury" to: 

 (1) A person arising out of any: 

 (a) Refusal to employ that person; 

 (b) Termination of that person's employment; 

or 

 (c) Employment-related practices, policies, 

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

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

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

that person as a consequence of "bodily injury" 

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

(b) or (c) above is directed. 

This exclusion applies: 

 (1) Whether the injury-causing event described in 

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

employment, during employment or after employment of that person; 

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

 (3) To any obligation to share damages with or to 

repay someone else who must pay damages 

because of the injury.

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

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

This insurance does not apply to: 

"Personal and advertising injury" to: 

 (1) A person arising out of any: 

 (a) Refusal to employ that person; 

 (b) Termination of that person's employment; 

or 

 (c) Employment-related practices, policies, 

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

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

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

that person as a consequence of "personal and 

advertising injury" to that person at whom any 

of the employment-related practices described 

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

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COMMERCIAL PROPERTY

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BUILDING AND PERSONAL PROPERTY 

COVERAGE FORM 

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

what is and is not covered. 

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

words "we", "us" and "our" refer to the company providing this insurance. 

Other words and phrases that appear in quotation marks have special meaning. Refer to Section H. Definitions. 

A. Coverage 

We will pay for direct physical loss of or damage to 

Covered Property at the premises described in the 

Declarations caused by or resulting from any 

Covered Cause of Loss. 

1. Covered Property 

Covered Property, as used in this Coverage 

Part, means the type of property described in 

this section, A.1., and limited in A.2. Property 

Not Covered, if a Limit Of Insurance is shown 

in the Declarations for that type of property. 

a. Building, meaning the building or structure 

described in the Declarations, including: 

 (1) Completed additions; 

 (2) Fixtures, including outdoor fixtures; 

 (3) Permanently installed: 

(a) Machinery; and 

(b) Equipment; 

 (4) Personal property owned by you that is 

used to maintain or service the building 

or structure or its premises, including: 

(a) Fire-extinguishing equipment; 

(b) Outdoor furniture; 

(c) Floor coverings; and 

(d) Appliances used for refrigerating, 

ventilating, cooking, dishwashing or 

laundering; 

 (5) If not covered by other insurance: 

(a) Additions under construction, 

alterations and repairs to the building 

or structure; 

(b) Materials, equipment, supplies and 

temporary structures, on or within 

100 feet of the described premises, 

used for making additions, 

alterations or repairs to the building 

or structure. 

b. Your Business Personal Property

consists of the following property located in 

or on the building or structure described in 

the Declarations or in the open (or in a 

vehicle) within 100 feet of the building or 

structure or within 100 feet of the premises 

described in the Declarations, whichever 

distance is greater: 

 (1) Furniture and fixtures; 

 (2) Machinery and equipment; 

 (3) "Stock"; 

 (4) All other personal property owned by 

you and used in your business; 

 (5) Labor, materials or services furnished or 

arranged by you on personal property of 

others; 

 (6) Your use interest as tenant in 

improvements and betterments. 

Improvements and betterments are 

fixtures, alterations, installations or 

additions: 

(a) Made a part of the building or 

structure you occupy but do not own; 

and 

(b) You acquired or made at your 

expense but cannot legally remove; 

 (7) Leased personal property for which you 

have a contractual responsibility to 

insure, unless otherwise provided for 

under Personal Property Of Others. 

c. Personal Property Of Others that is: 

 (1) In your care, custody or control; and 

 (2) Located in or on the building or structure 

described in the Declarations or in the 

open (or in a vehicle) within 100 feet of 

the building or structure or within 100 

feet of the premises described in the 

Declarations, whichever distance is 

greater. 

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However, our payment for loss of or 

damage to personal property of others will 

only be for the account of the owner of the 

property. 

2. Property Not Covered 

Covered Property does not include: 

a. Accounts, bills, currency, food stamps or 

other evidences of debt, money, notes or 

securities. Lottery tickets held for sale are 

not securities; 

b. Animals, unless owned by others and 

boarded by you, or if owned by you, only as 

"stock" while inside of buildings; 

c. Automobiles held for sale; 

d. Bridges, roadways, walks, patios or other 

paved surfaces; 

e. Contraband, or property in the course of 

illegal transportation or trade; 

f. The cost of excavations, grading, backfilling 

or filling; 

g. Foundations of buildings, structures, 

machinery or boilers if their foundations are 

below: 

 (1) The lowest basement floor; or 

 (2) The surface of the ground, if there is no 

basement; 

h. Land (including land on which the property 

is located), water, growing crops or lawns 

(other than lawns which are part of a 

vegetated roof); 

i. Personal property while airborne or 

waterborne; 

j. Bulkheads, pilings, piers, wharves or docks; 

k. Property that is covered under another 

coverage form of this or any other policy in 

which it is more specifically described, 

except for the excess of the amount due 

(whether you can collect on it or not) from 

that other insurance; 

l. Retaining walls that are not part of a 

building; 

m. Underground pipes, flues or drains; 

n. Electronic data, except as provided under 

the Additional Coverage, Electronic Data. 

Electronic data means information, facts or 

computer programs stored as or on, 

created or used on, or transmitted to or 

from computer software (including systems 

and applications software), on hard or 

floppy disks, CD-ROMs, tapes, drives, cells, 

data processing devices or any other 

repositories of computer software which are 

used with electronically controlled 

equipment. The term computer programs, 

referred to in the foregoing description of 

electronic data, means a set of related 

electronic instructions which direct the 

operations and functions of a computer or 

device connected to it, which enable the 

computer or device to receive, process, 

store, retrieve or send data. This 

paragraph, n., does not apply to your 

"stock" of prepackaged software, or to 

electronic data which is integrated in and 

operates or controls the building's elevator, 

lighting, heating, ventilation, air conditioning 

or security system; 

o. The cost to replace or restore the 

information on valuable papers and 

records, including those which exist as 

electronic data. Valuable papers and 

records include but are not limited to 

proprietary information, books of account, 

deeds, manuscripts, abstracts, drawings 

and card index systems. Refer to the 

Coverage Extension for Valuable Papers 

And Records (Other Than Electronic Data) 

for limited coverage for valuable papers and 

records other than those which exist as 

electronic data; 

p. Vehicles or self-propelled machines 

(including aircraft or watercraft) that: 

 (1) Are licensed for use on public roads; or 

 (2) Are operated principally away from the 

described premises. 

This paragraph does not apply to: 

(a) Vehicles or self-propelled machines 

or autos you manufacture, process 

or warehouse; 

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(b) Vehicles or self-propelled machines, 

other than autos, you hold for sale; 

(c) Rowboats or canoes out of water at 

the described premises; or 

(d) Trailers, but only to the extent 

provided for in the Coverage 

Extension for Non-owned Detached 

Trailers; or

q. The following property while outside of 

buildings: 

 (1) Grain, hay, straw or other crops; 

 (2) Fences, radio or television antennas 

(including satellite dishes) and their 

lead-in wiring, masts or towers, trees, 

shrubs or plants (other than trees, 

shrubs or plants which are "stock" or are 

part of a vegetated roof), all except as 

provided in the Coverage Extensions. 

3. Covered Causes Of Loss 

See applicable Causes Of Loss form as shown 

in the Declarations. 

4. Additional Coverages 

a. Debris Removal 

 (1) Subject to Paragraphs (2), (3) and (4),

we will pay your expense to remove 

debris of Covered Property and other 

debris that is on the described premises, 

when such debris is caused by or 

results from a Covered Cause of Loss 

that occurs during the policy period. The 

expenses will be paid only if they are 

reported to us in writing within 180 days 

of the date of direct physical loss or 

damage. 

 (2) Debris Removal does not apply to costs 

to: 

(a) Remove debris of property of yours 

that is not insured under this policy, 

or property in your possession that is 

not Covered Property; 

(b) Remove debris of property owned by 

or leased to the landlord of the 

building where your described 

premises are located, unless you 

have a contractual responsibility to 

insure such property and it is insured 

under this policy; 

(c) Remove any property that is 

Property Not Covered, including 

property addressed under the 

Outdoor Property Coverage 

Extension; 

(d) Remove property of others of a type 

that would not be Covered Property 

under this Coverage Form;

(e) Remove deposits of mud or earth 

from the grounds of the described 

premises; 

(f) Extract "pollutants" from land or 

water; or 

(g) Remove, restore or replace polluted 

land or water. 

 (3) Subject to the exceptions in Paragraph

(4), the following provisions apply:

(a) The most we will pay for the total of 

direct physical loss or damage plus 

debris removal expense is the Limit 

of Insurance applicable to the 

Covered Property that has sustained 

loss or damage. 

(b) Subject to (a) above, the amount we 

will pay for debris removal expense 

is limited to 25% of the sum of the 

deductible plus the amount that we 

pay for direct physical loss or 

damage to the Covered Property that 

has sustained loss or damage. 

However, if no Covered Property has 

sustained direct physical loss or 

damage, the most we will pay for 

removal of debris of other property (if 

such removal is covered under this 

Additional Coverage) is $5,000 at 

each location. 

 (4) We will pay up to an additional $25,000 

for debris removal expense, for each 

location, in any one occurrence of 

physical loss or damage to Covered 

Property, if one or both of the following 

circumstances apply: 

(a) The total of the actual debris removal 

expense plus the amount we pay for 

direct physical loss or damage 

exceeds the Limit of Insurance on 

the Covered Property that has 

sustained loss or damage. 

(b) The actual debris removal expense 

exceeds 25% of the sum of the 

deductible plus the amount that we 

pay for direct physical loss or 

damage to the Covered Property that 

has sustained loss or damage. 

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

our total payment for direct physical loss 

or damage and debris removal expense 

may reach but will never exceed the 

Limit of Insurance on the Covered 

Property that has sustained loss or 

damage, plus $25,000. 

 (5) Examples 

The following examples assume that 

there is no Coinsurance penalty. 

Example 1 

Limit of Insurance: $ 90,000

Amount of Deductible: $ 500

Amount of Loss: $ 50,000

Amount of Loss Payable: $ 49,500

($50,000 – $500)

Debris Removal Expense: $ 10,000

Debris Removal Expense Payable: $ 10,000

($10,000 is 20% of $50,000.) 

The debris removal expense is less than 25% of the 

sum of the loss payable plus the deductible. The sum 

of the loss payable and the debris removal expense 

($49,500 + $10,000 = $59,500) is less than the Limit 

of Insurance. Therefore, the full amount of debris 

removal expense is payable in accordance with the 

terms of Paragraph (3). 

Example 2 

Limit of Insurance: $ 90,000

Amount of Deductible: $ 500

Amount of Loss: $ 80,000

Amount of Loss Payable: $ 79,500

($80,000 – $500)

Debris Removal Expense: $ 40,000

Debris Removal Expense Payable

Basic Amount: $ 10,500

Additional Amount: $ 25,000

The basic amount payable for debris removal 

expense under the terms of Paragraph (3) is 

calculated as follows: $80,000 ($79,500 + $500) x .25 

= $20,000, capped at $10,500. The cap applies 

because the sum of the loss payable ($79,500) and 

the basic amount payable for debris removal expense 

($10,500) cannot exceed the Limit of Insurance 

($90,000). 

The additional amount payable for debris removal 

expense is provided in accordance with the terms of 

Paragraph (4), because the debris removal expense 

($40,000) exceeds 25% of the loss payable plus the 

deductible ($40,000 is 50% of $80,000), and because 

the sum of the loss payable and debris removal 

expense ($79,500 + $40,000 = $119,500) would 

exceed the Limit of Insurance ($90,000). The 

additional amount of covered debris removal expense 

is $25,000, the maximum payable under Paragraph 

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

expense in this example is $35,500; $4,500 of the 

debris removal expense is not covered. 

b. Preservation Of Property 

If it is necessary to move Covered Property 

from the described premises to preserve it 

from loss or damage by a Covered Cause 

of Loss, we will pay for any direct physical 

loss or damage to that property: 

 (1) While it is being moved or while 

temporarily stored at another location; 

and 

 (2) Only if the loss or damage occurs within 

30 days after the property is first moved. 

c. Fire Department Service Charge 

When the fire department is called to save 

or protect Covered Property from a 

Covered Cause of Loss, we will pay up to 

$1,000 for service at each premises 

described in the Declarations, unless a 

higher limit is shown in the Declarations. 

Such limit is the most we will pay 

regardless of the number of responding fire 

departments or fire units, and regardless of 

the number or type of services performed. 

This Additional Coverage applies to your 

liability for fire department service charges: 

 (1) Assumed by contract or agreement prior 

to loss; or 

 (2) Required by local ordinance. 

No Deductible applies to this Additional 

Coverage. 

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d. Pollutant Clean-up And Removal 

We will pay your expense to extract 

"pollutants" from land or water at the 

described premises if the discharge, 

dispersal, seepage, migration, release or 

escape of the "pollutants" is caused by or 

results from a Covered Cause of Loss that 

occurs during the policy period. The 

expenses will be paid only if they are 

reported to us in writing within 180 days of 

the date on which the Covered Cause of 

Loss occurs. 

This Additional Coverage does not apply to 

costs to test for, monitor or assess the 

existence, concentration or effects of 

"pollutants". But we will pay for testing 

which is performed in the course of 

extracting the "pollutants" from the land or 

water. 

The most we will pay under this Additional 

Coverage for each described premises is 

$10,000 for the sum of all covered 

expenses arising out of Covered Causes of 

Loss occurring during each separate 12-

month period of this policy. 

e. Increased Cost Of Construction 

 (1) This Additional Coverage applies only to 

buildings to which the Replacement 

Cost Optional Coverage applies. 

 (2) In the event of damage by a Covered 

Cause of Loss to a building that is 

Covered Property, we will pay the 

increased costs incurred to comply with 

the minimum standards of an ordinance 

or law in the course of repair, rebuilding 

or replacement of damaged parts of that 

property, subject to the limitations stated 

in e.(3) through e.(9) of this Additional 

Coverage. 

 (3) The ordinance or law referred to in e.(2)

of this Additional Coverage is an 

ordinance or law that regulates the 

construction or repair of buildings or 

establishes zoning or land use 

requirements at the described premises 

and is in force at the time of loss. 

 (4) Under this Additional Coverage, we will 

not pay any costs due to an ordinance 

or law that: 

(a) You were required to comply with 

before the loss, even when the 

building was undamaged; and 

(b) You failed to comply with. 

 (5) Under this Additional Coverage, we will 

not pay for: 

(a) The enforcement of or compliance 

with any ordinance or law which 

requires demolition, repair, 

replacement, reconstruction, 

remodeling or remediation of 

property due to contamination by 

"pollutants" or due to the presence, 

growth, proliferation, spread or any 

activity of "fungus", wet or dry rot or 

bacteria; or 

(b) Any costs associated with the 

enforcement of or compliance with 

an ordinance or law which requires 

any insured or others to test for, 

monitor, clean up, remove, contain, 

treat, detoxify or neutralize, or in any 

way respond to, or assess the 

effects of "pollutants", "fungus", wet 

or dry rot or bacteria. 

 (6) The most we will pay under this 

Additional Coverage, for each described 

building insured under this Coverage 

Form, is $10,000 or 5% of the Limit of 

Insurance applicable to that building, 

whichever is less. If a damaged building 

is covered under a blanket Limit of 

Insurance which applies to more than 

one building or item of property, then the 

most we will pay under this Additional 

Coverage, for that damaged building, is 

the lesser of $10,000 or 5% times the 

value of the damaged building as of the 

time of loss times the applicable 

Coinsurance percentage. 

The amount payable under this 

Additional Coverage is additional 

insurance. 

 (7) With respect to this Additional 

Coverage: 

(a) We will not pay for the Increased 

Cost of Construction: 

(i) Until the property is actually 

repaired or replaced at the same 

or another premises; and 

(ii) Unless the repair or replacement 

is made as soon as reasonably 

possible after the loss or 

damage, not to exceed two 

years. We may extend this period 

in writing during the two years. 

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(b) If the building is repaired or replaced 

at the same premises, or if you elect 

to rebuild at another premises, the 

most we will pay for the Increased 

Cost of Construction, subject to the 

provisions of e.(6) of this Additional 

Coverage, is the increased cost of 

construction at the same premises. 

(c) If the ordinance or law requires 

relocation to another premises, the 

most we will pay for the Increased 

Cost of Construction, subject to the 

provisions of e.(6) of this Additional 

Coverage, is the increased cost of 

construction at the new premises. 

 (8) This Additional Coverage is not subject 

to the terms of the Ordinance Or Law 

Exclusion to the extent that such 

Exclusion would conflict with the 

provisions of this Additional Coverage. 

 (9) The costs addressed in the Loss 

Payment and Valuation Conditions and 

the Replacement Cost Optional 

Coverage, in this Coverage Form, do 

not include the increased cost 

attributable to enforcement of or 

compliance with an ordinance or law. 

The amount payable under this 

Additional Coverage, as stated in e.(6) 

of this Additional Coverage, is not 

subject to such limitation.

f. Electronic Data 

 (1) Under this Additional Coverage, 

electronic data has the meaning 

described under Property Not Covered, 

Electronic Data. This Additional 

Coverage does not apply to your "stock" 

of prepackaged software, or to 

electronic data which is integrated in 

and operates or controls the building's 

elevator, lighting, heating, ventilation, air 

conditioning or security system.

(2) Subject to the provisions of this 

Additional Coverage, we will pay for the 

cost to replace or restore electronic data 

which has been destroyed or corrupted 

by a Covered Cause of Loss. To the 

extent that electronic data is not 

replaced or restored, the loss will be 

valued at the cost of replacement of the 

media on which the electronic data was 

stored, with blank media of substantially 

identical type. 

 (3) The Covered Causes of Loss applicable 

to Your Business Personal Property 

apply to this Additional Coverage, 

Electronic Data, subject to the following: 

(a) If the Causes Of Loss – Special 

Form applies, coverage under this 

Additional Coverage, Electronic 

Data, is limited to the "specified 

causes of loss" as defined in that 

form and Collapse as set forth in that 

form. 

(b) If the Causes Of Loss – Broad Form 

applies, coverage under this 

Additional Coverage, Electronic 

Data, includes Collapse as set forth 

in that form. 

(c) If the Causes Of Loss form is 

endorsed to add a Covered Cause of 

Loss, the additional Covered Cause 

of Loss does not apply to the 

coverage provided under this 

Additional Coverage, Electronic 

Data. 

(d) The Covered Causes of Loss include 

a virus, harmful code or similar 

instruction introduced into or enacted 

on a computer system (including 

electronic data) or a network to 

which it is connected, designed to 

damage or destroy any part of the 

system or disrupt its normal 

operation. But there is no coverage 

for loss or damage caused by or 

resulting from manipulation of a 

computer system (including 

electronic data) by any employee, 

including a temporary or leased 

employee, or by an entity retained by 

you or for you to inspect, design, 

install, modify, maintain, repair or 

replace that system. 

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 (4) The most we will pay under this 

Additional Coverage, Electronic Data, is 

$2,500 (unless a higher limit is shown in 

the Declarations) for all loss or damage 

sustained in any one policy year, 

regardless of the number of occurrences 

of loss or damage or the number of 

premises, locations or computer 

systems involved. If loss payment on the 

first occurrence does not exhaust this 

amount, then the balance is available for 

subsequent loss or damage sustained in 

but not after that policy year. With 

respect to an occurrence which begins 

in one policy year and continues or 

results in additional loss or damage in a 

subsequent policy year(s), all loss or 

damage is deemed to be sustained in 

the policy year in which the occurrence 

began. 

5. Coverage Extensions 

Except as otherwise provided, the following 

Extensions apply to property located in or on 

the building described in the Declarations or in 

the open (or in a vehicle) within 100 feet of the 

described premises. 

If a Coinsurance percentage of 80% or more, 

or a Value Reporting period symbol, is shown 

in the Declarations, you may extend the 

insurance provided by this Coverage Part as 

follows: 

a. Newly Acquired Or Constructed 

Property 

 (1) Buildings 

If this policy covers Building, you may 

extend that insurance to apply to: 

(a) Your new buildings while being built 

on the described premises; and 

(b) Buildings you acquire at locations, 

other than the described premises, 

intended for: 

(i) Similar use as the building 

described in the Declarations; or 

(ii) Use as a warehouse. 

The most we will pay for loss or damage 

under this Extension is $250,000 at 

each building. 

 (2) Your Business Personal Property 

(a) If this policy covers Your Business 

Personal Property, you may extend 

that insurance to apply to: 

(i) Business personal property, 

including such property that you 

newly acquire, at any location 

you acquire other than at fairs, 

trade shows or exhibitions; or

(ii) Business personal property, 

including such property that you 

newly acquire, located at your 

newly constructed or acquired 

buildings at the location 

described in the Declarations. 

The most we will pay for loss or 

damage under this Extension is 

$100,000 at each building. 

(b) This Extension does not apply to:

(i) Personal property of others that 

is temporarily in your possession 

in the course of installing or 

performing work on such 

property; or 

(ii) Personal property of others that 

is temporarily in your possession 

in the course of your 

manufacturing or wholesaling 

activities. 

 (3) Period Of Coverage

With respect to insurance provided 

under this Coverage Extension for 

Newly Acquired Or Constructed 

Property, coverage will end when any of 

the following first occurs: 

(a) This policy expires; 

(b) 30 days expire after you acquire the 

property or begin construction of that 

part of the building that would qualify 

as covered property; or 

(c) You report values to us. 

We will charge you additional premium 

for values reported from the date you 

acquire the property or begin 

construction of that part of the building 

that would qualify as covered property. 

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b. Personal Effects And Property Of Others 

You may extend the insurance that applies 

to Your Business Personal Property to 

apply to: 

 (1) Personal effects owned by you, your 

officers, your partners or members, your 

managers or your employees. This 

Extension does not apply to loss or 

damage by theft. 

 (2) Personal property of others in your care, 

custody or control. 

The most we will pay for loss or damage 

under this Extension is $2,500 at each 

described premises. Our payment for loss 

of or damage to personal property of others 

will only be for the account of the owner of 

the property. 

c. Valuable Papers And Records (Other 

Than Electronic Data) 

 (1) You may extend the insurance that 

applies to Your Business Personal 

Property to apply to the cost to replace 

or restore the lost information on 

valuable papers and records for which 

duplicates do not exist. But this 

Extension does not apply to valuable 

papers and records which exist as 

electronic data. Electronic data has the 

meaning described under Property Not 

Covered, Electronic Data. 

 (2) If the Causes Of Loss – Special Form 

applies, coverage under this Extension 

is limited to the "specified causes of 

loss" as defined in that form and 

Collapse as set forth in that form. 

 (3) If the Causes Of Loss – Broad Form 

applies, coverage under this Extension 

includes Collapse as set forth in that 

form.

(4) Under this Extension, the most we will 

pay to replace or restore the lost 

information is $2,500 at each described 

premises, unless a higher limit is shown 

in the Declarations. Such amount is 

additional insurance. We will also pay 

for the cost of blank material for 

reproducing the records (whether or not 

duplicates exist) and (when there is a 

duplicate) for the cost of labor to 

transcribe or copy the records. The 

costs of blank material and labor are 

subject to the applicable Limit of 

Insurance on Your Business Personal 

Property and, therefore, coverage of 

such costs is not additional insurance. 

d. Property Off-premises 

 (1) You may extend the insurance provided 

by this Coverage Form to apply to your 

Covered Property while it is away from 

the described premises, if it is: 

(a) Temporarily at a location you do not 

own, lease or operate; 

(b) In storage at a location you lease, 

provided the lease was executed 

after the beginning of the current 

policy term; or 

(c) At any fair, trade show or exhibition. 

 (2) This Extension does not apply to 

property:

(a) In or on a vehicle; or

(b) In the care, custody or control of 

your salespersons, unless the 

property is in such care, custody or 

control at a fair, trade show or 

exhibition.

(3) The most we will pay for loss or damage 

under this Extension is $10,000. 

e. Outdoor Property 

You may extend the insurance provided by 

this Coverage Form to apply to your 

outdoor fences, radio and television 

antennas (including satellite dishes), trees, 

shrubs and plants (other than trees, shrubs 

or plants which are "stock" or are part of a 

vegetated roof), including debris removal 

expense, caused by or resulting from any of 

the following causes of loss if they are 

Covered Causes of Loss: 

 (1) Fire; 

 (2) Lightning; 

 (3) Explosion; 

 (4) Riot or Civil Commotion; or 

 (5) Aircraft. 

The most we will pay for loss or damage 

under this Extension is $1,000, but not 

more than $250 for any one tree, shrub or 

plant. These limits apply to any one 

occurrence, regardless of the types or 

number of items lost or damaged in that 

occurrence. 

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Subject to all aforementioned terms and 

limitations of coverage, this Coverage 

Extension includes the expense of 

removing from the described premises the 

debris of trees, shrubs and plants which are 

the property of others, except in the 

situation in which you are a tenant and such 

property is owned by the landlord of the 

described premises. 

f. Non-owned Detached Trailers 

 (1) You may extend the insurance that 

applies to Your Business Personal 

Property to apply to loss or damage to 

trailers that you do not own, provided 

that:

(a) The trailer is used in your business; 

(b) The trailer is in your care, custody or 

control at the premises described in 

the Declarations; and 

(c) You have a contractual responsibility 

to pay for loss or damage to the 

trailer. 

 (2) We will not pay for any loss or damage 

that occurs: 

(a) While the trailer is attached to any 

motor vehicle or motorized 

conveyance, whether or not the 

motor vehicle or motorized 

conveyance is in motion; 

(b) During hitching or unhitching 

operations, or when a trailer 

becomes accidentally unhitched from 

a motor vehicle or motorized 

conveyance. 

 (3) The most we will pay for loss or damage 

under this Extension is $5,000, unless a 

higher limit is shown in the Declarations.

 (4) This insurance is excess over the 

amount due (whether you can collect on 

it or not) from any other insurance 

covering such property. 

g. Business Personal Property Temporarily 

In Portable Storage Units 

 (1) You may extend the insurance that 

applies to Your Business Personal 

Property to apply to such property while 

temporarily stored in a portable storage 

unit (including a detached trailer) 

located within 100 feet of the building or 

structure described in the Declarations 

or within 100 feet of the premises 

described in the Declarations, whichever 

distance is greater. 

(2) If the applicable Covered Causes of 

Loss form or endorsement contains a 

limitation or exclusion concerning loss or 

damage from sand, dust, sleet, snow, 

ice or rain to property in a structure, 

such limitation or exclusion also applies 

to property in a portable storage unit. 

(3) Coverage under this Extension: 

(a) Will end 90 days after the business 

personal property has been placed in 

the storage unit; 

(b) Does not apply if the storage unit 

itself has been in use at the 

described premises for more than 90 

consecutive days, even if the 

business personal property has been 

stored there for 90 or fewer days as 

of the time of loss or damage. 

(4) Under this Extension, the most we will 

pay for the total of all loss or damage to 

business personal property is $10,000 

(unless a higher limit is indicated in the 

Declarations for such Extension) 

regardless of the number of storage 

units. Such limit is part of, not in addition 

to, the applicable Limit of Insurance on 

Your Business Personal Property. 

Therefore, payment under this 

Extension will not increase the 

applicable Limit of Insurance on Your 

Business Personal Property. 

(5) This Extension does not apply to loss or 

damage otherwise covered under this 

Coverage Form or any endorsement to 

this Coverage Form or policy, and does 

not apply to loss or damage to the 

storage unit itself.

Each of these Extensions is additional 

insurance unless otherwise indicated. The 

Additional Condition, Coinsurance, does not 

apply to these Extensions. 

B. Exclusions And Limitations 

See applicable Causes Of Loss form as shown in 

the Declarations. 

C. Limits Of Insurance 

The most we will pay for loss or damage in any 

one occurrence is the applicable Limit Of 

Insurance shown in the Declarations. 

The most we will pay for loss or damage to 

outdoor signs, whether or not the sign is attached 

to a building, is $2,500 per sign in any one 

occurrence. 

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The amounts of insurance stated in the following 

Additional Coverages apply in accordance with the 

terms of such coverages and are separate from 

the Limit(s) Of Insurance shown in the 

Declarations for any other coverage: 

1. Fire Department Service Charge; 

2. Pollutant Clean-up And Removal; 

3. Increased Cost Of Construction; and 

4. Electronic Data. 

Payments under the Preservation Of Property 

Additional Coverage will not increase the 

applicable Limit of Insurance. 

D. Deductible 

In any one occurrence of loss or damage 

(hereinafter referred to as loss), we will first reduce 

the amount of loss if required by the Coinsurance 

Condition or the Agreed Value Optional Coverage. 

If the adjusted amount of loss is less than or equal 

to the Deductible, we will not pay for that loss. If 

the adjusted amount of loss exceeds the 

Deductible, we will then subtract the Deductible 

from the adjusted amount of loss and will pay the 

resulting amount or the Limit of Insurance, 

whichever is less. 

When the occurrence involves loss to more than 

one item of Covered Property and separate Limits 

of Insurance apply, the losses will not be 

combined in determining application of the 

Deductible. But the Deductible will be applied only 

once per occurrence. 

Example 1 

(This example assumes there is no Coinsurance 

penalty.) 

Deductible: $ 250

Limit of Insurance – Building 1: $ 60,000

Limit of Insurance – Building 2: $ 80,000

Loss to Building 1: $ 60,100

Loss to Building 2: $ 90,000

The amount of loss to Building 1 ($60,100) is less 

than the sum ($60,250) of the Limit of Insurance 

applicable to Building 1 plus the Deductible. 

The Deductible will be subtracted from the amount of 

loss in calculating the loss payable for Building 1: 

$ 60,100

– 250

$ 59,850 Loss Payable – Building 1

The Deductible applies once per occurrence and 

therefore is not subtracted in determining the amount 

of loss payable for Building 2. Loss payable for 

Building 2 is the Limit of Insurance of $80,000. 

Total amount of loss payable: 

$59,850 + $80,000 = $139,850 

Example 2 

(This example, too, assumes there is no Coinsurance 

penalty.) 

The Deductible and Limits of Insurance are the same 

as those in Example 1. 

Loss to Building 1: $ 70,000

(Exceeds Limit of Insurance plus Deductible)

Loss to Building 2: $ 90,000

(Exceeds Limit of Insurance plus Deductible)

Loss Payable – Building 1: $ 60,000

(Limit of Insurance)

Loss Payable – Building 2: $ 80,000

(Limit of Insurance)

Total amount of loss payable: $ 140,000

E. Loss Conditions 

The following conditions apply in addition to the 

Common Policy Conditions and the Commercial 

Property Conditions: 

1. Abandonment 

There can be no abandonment of any property 

to us. 

2. Appraisal 

If we and you disagree on the value of the 

property or the amount of loss, either may 

make written demand for an appraisal of the 

loss. In this event, each party will select a 

competent and impartial appraiser. The two 

appraisers will select an umpire. If they cannot 

agree, either may request that selection be 

made by a judge of a court having jurisdiction. 

The appraisers will state separately the value 

of the property and amount of loss. If they fail 

to agree, they will submit their differences to 

the umpire. A decision agreed to by any two 

will be binding. Each party will: 

a. Pay its chosen appraiser; and 

b. Bear the other expenses of the appraisal 

and umpire equally. 

If there is an appraisal, we will still retain our 

right to deny the claim. 

3. Duties In The Event Of Loss Or Damage 

a. You must see that the following are done in 

the event of loss or damage to Covered 

Property: 

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

broken. 

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(2) Give us prompt notice of the loss or 

damage. Include a description of the 

property involved. 

 (3) As soon as possible, give us a 

description of how, when and where the 

loss or damage occurred. 

 (4) Take all reasonable steps to protect the 

Covered Property from further damage, 

and keep a record of your expenses 

necessary to protect the Covered 

Property, for consideration in the 

settlement of the claim. This will not 

increase the Limit of Insurance. 

However, we will not pay for any 

subsequent loss or damage resulting 

from a cause of loss that is not a 

Covered Cause of Loss. Also, if 

feasible, set the damaged property 

aside and in the best possible order for 

examination. 

 (5) At our request, give us complete 

inventories of the damaged and 

undamaged property. Include quantities, 

costs, values and amount of loss 

claimed. 

 (6) As often as may be reasonably required, 

permit us to inspect the property proving 

the loss or damage and examine your 

books and records. 

Also, permit us to take samples of 

damaged and undamaged property for 

inspection, testing and analysis, and 

permit us to make copies from your 

books and records. 

 (7) Send us a signed, sworn proof of loss 

containing the information we request to 

investigate the claim. You must do this 

within 60 days after our request. We will 

supply you with the necessary forms. 

 (8) Cooperate with us in the investigation or 

settlement of the claim. 

b. We may examine any insured under oath, 

while not in the presence of any other 

insured and at such times as may be 

reasonably required, about any matter 

relating to this insurance or the claim, 

including an insured's books and records. In 

the event of an examination, an insured's 

answers must be signed. 

4. Loss Payment 

a. In the event of loss or damage covered by 

this Coverage Form, at our option, we will 

either: 

 (1) Pay the value of lost or damaged 

property; 

 (2) Pay the cost of repairing or replacing the 

lost or damaged property, subject to b.

below; 

 (3) Take all or any part of the property at an 

agreed or appraised value; or 

 (4) Repair, rebuild or replace the property 

with other property of like kind and 

quality, subject to b. below. 

We will determine the value of lost or 

damaged property, or the cost of its repair 

or replacement, in accordance with the 

applicable terms of the Valuation Condition 

in this Coverage Form or any applicable 

provision which amends or supersedes the 

Valuation Condition. 

b. The cost to repair, rebuild or replace does 

not include the increased cost attributable 

to enforcement of or compliance with any 

ordinance or law regulating the 

construction, use or repair of any property. 

c. We will give notice of our intentions within 

30 days after we receive the sworn proof of 

loss. 

d. We will not pay you more than your 

financial interest in the Covered Property. 

e. We may adjust losses with the owners of 

lost or damaged property if other than you. 

If we pay the owners, such payments will 

satisfy your claims against us for the 

owners' property. We will not pay the 

owners more than their financial interest in 

the Covered Property. 

f. We may elect to defend you against suits 

arising from claims of owners of property. 

We will do this at our expense. 

g. We will pay for covered loss or damage 

within 30 days after we receive the sworn 

proof of loss, if you have complied with all 

of the terms of this Coverage Part, and: 

 (1) We have reached agreement with you 

on the amount of loss; or 

 (2) An appraisal award has been made. 

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h. A party wall is a wall that separates and is 

common to adjoining buildings that are 

owned by different parties. In settling 

covered losses involving a party wall, we 

will pay a proportion of the loss to the party 

wall based on your interest in the wall in 

proportion to the interest of the owner of the 

adjoining building. However, if you elect to 

repair or replace your building and the 

owner of the adjoining building elects not to 

repair or replace that building, we will pay 

you the full value of the loss to the party 

wall, subject to all applicable policy 

provisions including Limits of Insurance, the 

Valuation and Coinsurance Conditions and 

all other provisions of this Loss Payment 

Condition. Our payment under the 

provisions of this paragraph does not alter 

any right of subrogation we may have 

against any entity, including the owner or 

insurer of the adjoining building, and does 

not alter the terms of the Transfer Of Rights 

Of Recovery Against Others To Us 

Condition in this policy. 

5. Recovered Property 

If either you or we recover any property after 

loss settlement, that party must give the other 

prompt notice. At your option, the property will 

be returned to you. You must then return to us 

the amount we paid to you for the property. We 

will pay recovery expenses and the expenses 

to repair the recovered property, subject to the 

Limit of Insurance. 

6. Vacancy 

a. Description Of Terms 

 (1) As used in this Vacancy Condition, the 

term building and the term vacant have 

the meanings set forth in (1)(a) and 

(1)(b) below: 

(a) When this policy is issued to a 

tenant, and with respect to that 

tenant's interest in Covered Property, 

building means the unit or suite 

rented or leased to the tenant. Such 

building is vacant when it does not 

contain enough business personal 

property to conduct customary 

operations. 

(b) When this policy is issued to the 

owner or general lessee of a 

building, building means the entire 

building. Such building is vacant 

unless at least 31% of its total 

square footage is: 

(i) Rented to a lessee or sublessee 

and used by the lessee or 

sublessee to conduct its 

customary operations; and/or 

(ii) Used by the building owner to 

conduct customary operations. 

 (2) Buildings under construction or 

renovation are not considered vacant. 

b. Vacancy Provisions 

If the building where loss or damage occurs 

has been vacant for more than 60 

consecutive days before that loss or 

damage occurs: 

 (1) We will not pay for any loss or damage 

caused by any of the following, even if 

they are Covered Causes of Loss: 

(a) Vandalism; 

(b) Sprinkler leakage, unless you have 

protected the system against 

freezing; 

(c) Building glass breakage; 

(d) Water damage; 

(e) Theft; or 

(f) Attempted theft. 

 (2) With respect to Covered Causes of Loss 

other than those listed in b.(1)(a)

through b.(1)(f) above, we will reduce 

the amount we would otherwise pay for 

the loss or damage by 15%. 

7. Valuation 

We will determine the value of Covered 

Property in the event of loss or damage as 

follows: 

a. At actual cash value as of the time of loss 

or damage, except as provided in b., c., d.

and e. below. 

b. If the Limit of Insurance for Building 

satisfies the Additional Condition, 

Coinsurance, and the cost to repair or 

replace the damaged building property is 

$2,500 or less, we will pay the cost of 

building repairs or replacement. 

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The cost of building repairs or replacement 

does not include the increased cost 

attributable to enforcement of or 

compliance with any ordinance or law 

regulating the construction, use or repair of 

any property. 

However, the following property will be 

valued at the actual cash value, even when 

attached to the building: 

 (1) Awnings or floor coverings; 

 (2) Appliances for refrigerating, ventilating, 

cooking, dishwashing or laundering; or 

 (3) Outdoor equipment or furniture. 

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

the selling price less discounts and 

expenses you otherwise would have had. 

d. Glass at the cost of replacement with 

safety-glazing material if required by law. 

e. Tenants' Improvements and Betterments at: 

 (1) Actual cash value of the lost or 

damaged property if you make repairs 

promptly. 

 (2) A proportion of your original cost if you 

do not make repairs promptly. We will 

determine the proportionate value as 

follows: 

(a) Multiply the original cost by the 

number of days from the loss or 

damage to the expiration of the 

lease; and 

(b) Divide the amount determined in (a)

above by the number of days from 

the installation of improvements to 

the expiration of the lease. 

If your lease contains a renewal option, 

the expiration of the renewal option 

period will replace the expiration of the 

lease in this procedure. 

 (3) Nothing if others pay for repairs or 

replacement. 

F. Additional Conditions 

The following conditions apply in addition to the 

Common Policy Conditions and the Commercial 

Property Conditions: 

1. Coinsurance 

If a Coinsurance percentage is shown in the 

Declarations, the following condition applies: 

a. We will not pay the full amount of any loss if 

the value of Covered Property at the time of 

loss times the Coinsurance percentage 

shown for it in the Declarations is greater 

than the Limit of Insurance for the property. 

Instead, we will determine the most we will 

pay using the following steps: 

 (1) Multiply the value of Covered Property 

at the time of loss by the Coinsurance 

percentage; 

 (2) Divide the Limit of Insurance of the 

property by the figure determined in 

Step (1); 

 (3) Multiply the total amount of loss, before 

the application of any deductible, by the 

figure determined in Step (2); and 

 (4) Subtract the deductible from the figure 

determined in Step (3). 

We will pay the amount determined in Step 

(4) or the Limit of Insurance, whichever is 

less. For the remainder, you will either have 

to rely on other insurance or absorb the 

loss yourself. 

Example 1 (Underinsurance) 

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

The Coinsurance percentage 

for it is: 80%

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

The Deductible is: $ 250

The amount of loss is: $ 40,000

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

(the minimum amount of insurance to 

meet your Coinsurance requirements)

Step (2): $100,000  $200,000 = .50

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

Step (4): $20,000 – $250 = $19,750

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

$20,250 is not covered. 

Example 2 (Adequate Insurance) 

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

The Coinsurance percentage 

for it is: 80%

The Limit of Insurance for it is: $ 200,000

The Deductible is: $ 250

The amount of loss is: $ 40,000

The minimum amount of insurance to meet your 

Coinsurance requirement is $200,000 ($250,000 x 

80%). Therefore, the Limit of Insurance in this 

example is adequate, and no penalty applies. We will 

pay no more than $39,750 ($40,000 amount of loss 

minus the deductible of $250). 

 GOLDMARK000101

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b. If one Limit of Insurance applies to two or 

more separate items, this condition will 

apply to the total of all property to which the 

limit applies. 

Example 3 

When: The value of the property is:

Building at Location 1: $ 75,000

Building at Location 2: $ 100,000

Personal Property 

at Location 2: $ 75,000

$ 250,000

The Coinsurance percentage 

for it is: 90%

The Limit of Insurance for 

Buildings and Personal Property 

at Locations 1 and 2 is: $ 180,000

The Deductible is: $ 1,000

The amount of loss is:

Building at Location 2: $ 30,000

Personal Property 

at Location 2: $ 20,000

$ 50,000

Step (1): $250,000 x 90% = $225,000

(the minimum amount of insurance to 

meet your Coinsurance requirements 

and to avoid the penalty shown below)

Step (2): $180,000  $225,000 = .80

Step (3): $50,000 x .80 = $40,000

Step (4): $40,000 – $1,000 = $39,000

We will pay no more than $39,000. The remaining 

$11,000 is not covered. 

2. Mortgageholders 

a. The term mortgageholder includes trustee. 

b. We will pay for covered loss of or damage 

to buildings or structures to each 

mortgageholder shown in the Declarations 

in their order of precedence, as interests 

may appear. 

c. The mortgageholder has the right to receive 

loss payment even if the mortgageholder 

has started foreclosure or similar action on 

the building or structure. 

d. If we deny your claim because of your acts 

or because you have failed to comply with 

the terms of this Coverage Part, the 

mortgageholder will still have the right to 

receive loss payment if the mortgageholder: 

 (1) Pays any premium due under this 

Coverage Part at our request if you 

have failed to do so; 

 (2) Submits a signed, sworn proof of loss 

within 60 days after receiving notice 

from us of your failure to do so; and 

 (3) Has notified us of any change in 

ownership, occupancy or substantial 

change in risk known to the 

mortgageholder. 

All of the terms of this Coverage Part will 

then apply directly to the mortgageholder. 

e. If we pay the mortgageholder for any loss 

or damage and deny payment to you 

because of your acts or because you have 

failed to comply with the terms of this 

Coverage Part: 

 (1) The mortgageholder's rights under the 

mortgage will be transferred to us to the 

extent of the amount we pay; and 

 (2) The mortgageholder's right to recover 

the full amount of the mortgageholder's 

claim will not be impaired. 

At our option, we may pay to the 

mortgageholder the whole principal on the 

mortgage plus any accrued interest. In this 

event, your mortgage and note will be 

transferred to us and you will pay your 

remaining mortgage debt to us. 

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

notice to the mortgageholder at least: 

 (1) 10 days before the effective date of 

cancellation if we cancel for your 

nonpayment of premium; or 

 (2) 30 days before the effective date of 

cancellation if we cancel for any other 

reason. 

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

give written notice to the mortgageholder at 

least 10 days before the expiration date of 

this policy. 

G. Optional Coverages 

If shown as applicable in the Declarations, the 

following Optional Coverages apply separately to 

each item: 

1. Agreed Value 

a. The Additional Condition, Coinsurance, 

does not apply to Covered Property to 

which this Optional Coverage applies. We 

will pay no more for loss of or damage to 

that property than the proportion that the 

Limit of Insurance under this Coverage Part 

for the property bears to the Agreed Value 

shown for it in the Declarations. 

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b. If the expiration date for this Optional 

Coverage shown in the Declarations is not 

extended, the Additional Condition, 

Coinsurance, is reinstated and this Optional 

Coverage expires. 

c. The terms of this Optional Coverage apply 

only to loss or damage that occurs: 

 (1) On or after the effective date of this 

Optional Coverage; and 

 (2) Before the Agreed Value expiration date 

shown in the Declarations or the policy 

expiration date, whichever occurs first. 

2. Inflation Guard 

a. The Limit of Insurance for property to which 

this Optional Coverage applies will 

automatically increase by the annual 

percentage shown in the Declarations. 

b. The amount of increase will be: 

 (1) The Limit of Insurance that applied on 

the most recent of the policy inception 

date, the policy anniversary date, or any 

other policy change amending the Limit 

of Insurance, times 

 (2) The percentage of annual increase 

shown in the Declarations, expressed as 

a decimal (example: 8% is .08), times 

 (3) The number of days since the beginning 

of the current policy year or the effective 

date of the most recent policy change 

amending the Limit of Insurance, divided 

by 365. 

Example 

If: The applicable Limit of Insurance is: $ 100,000

The annual percentage increase is: 8%

The number of days since the 

beginning of the policy year 

(or last policy change) is: 146

The amount of increase is: 

$100,000 x .08 x 146  365 = $ 3,200

3. Replacement Cost 

a. Replacement Cost (without deduction for 

depreciation) replaces Actual Cash Value in 

the Valuation Loss Condition of this 

Coverage Form. 

b. This Optional Coverage does not apply to: 

 (1) Personal property of others; 

 (2) Contents of a residence; 

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

including etchings, pictures, statuary, 

marbles, bronzes, porcelains and bric-abrac; or 

 (4) "Stock", unless the Including "Stock" 

option is shown in the Declarations. 

Under the terms of this Replacement Cost 

Optional Coverage, tenants' improvements 

and betterments are not considered to be 

the personal property of others. 

c. You may make a claim for loss or damage 

covered by this insurance on an actual cash 

value basis instead of on a replacement 

cost basis. In the event you elect to have 

loss or damage settled on an actual cash 

value basis, you may still make a claim for 

the additional coverage this Optional 

Coverage provides if you notify us of your 

intent to do so within 180 days after the loss 

or damage. 

d. We will not pay on a replacement cost basis 

for any loss or damage: 

 (1) Until the lost or damaged property is 

actually repaired or replaced; and 

 (2) Unless the repair or replacement is

made as soon as reasonably possible 

after the loss or damage. 

With respect to tenants' improvements and 

betterments, the following also apply: 

 (3) If the conditions in d.(1) and d.(2) above 

are not met, the value of tenants' 

improvements and betterments will be 

determined as a proportion of your 

original cost, as set forth in the 

Valuation Loss Condition of this 

Coverage Form; and 

 (4) We will not pay for loss or damage to 

tenants' improvements and betterments 

if others pay for repairs or replacement.

e. We will not pay more for loss or damage on 

a replacement cost basis than the least of 

(1), (2) or (3), subject to f. below: 

 (1) The Limit of Insurance applicable to the 

lost or damaged property; 

 (2) The cost to replace the lost or damaged 

property with other property: 

(a) Of comparable material and quality; 

and 

(b) Used for the same purpose; or 

 (3) The amount actually spent that is 

necessary to repair or replace the lost or 

damaged property. 

If a building is rebuilt at a new premises, the 

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

the cost which would have been incurred if 

the building had been rebuilt at the original 

premises. 

 GOLDMARK000103

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f. The cost of repair or replacement does not 

include the increased cost attributable to 

enforcement of or compliance with any 

ordinance or law regulating the 

construction, use or repair of any property. 

4. Extension Of Replacement Cost To 

Personal Property Of Others 

a. If the Replacement Cost Optional Coverage 

is shown as applicable in the Declarations, 

then this Extension may also be shown as 

applicable. If the Declarations show this 

Extension as applicable, then Paragraph 

3.b.(1) of the Replacement Cost Optional 

Coverage is deleted and all other provisions 

of the Replacement Cost Optional 

Coverage apply to replacement cost on 

personal property of others. 

b. With respect to replacement cost on the 

personal property of others, the following 

limitation applies: 

If an item(s) of personal property of others 

is subject to a written contract which 

governs your liability for loss or damage to 

that item(s), then valuation of that item(s) 

will be based on the amount for which you 

are liable under such contract, but not to 

exceed the lesser of the replacement cost 

of the property or the applicable Limit of 

Insurance. 

H. Definitions 

1. "Fungus" means any type or form of fungus, 

including mold or mildew, and any mycotoxins, 

spores, scents or by-products produced or 

released by fungi. 

2. "Pollutants" means any solid, liquid, gaseous or 

thermal irritant or contaminant, including 

smoke, vapor, soot, fumes, acids, alkalis, 

chemicals and waste. Waste includes materials 

to be recycled, reconditioned or reclaimed. 

3. "Stock" means merchandise held in storage or 

for sale, raw materials and in-process or 

finished goods, including supplies used in their 

packing or shipping. 

 GOLDMARK000104

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Policy Number: COMMERCIAL PROPERTY

CP 00 90 07 88

CP 00 90 07 88 © ISO Properties, Inc., 2001 Page 1 of 2

COMMERCIAL PROPERTY CONDITIONS

This Coverage Part is subject to the following conditions, the Common Policy Conditions and applicable Loss 

Conditions and Additional Conditions in Commercial Property Coverage Forms. 

A. CONCEALMENT, MISREPRESENTATION OR 

FRAUD 

This Coverage Part is void in any case of fraud by 

you as it relates to this Coverage Part at any time. 

It is also void if you or any other insured, at any 

time, intentionally conceal or misrepresent a material fact concerning: 

1. This Coverage Part; 

2. The Covered Property; 

3. Your interest in the Covered Property; or 

4. A claim under this Coverage Part. 

B. CONTROL OF PROPERTY 

Any act or neglect of any person other than you 

beyond your direction or control will not affect this 

insurance. 

The breach of any condition of this Coverage Part 

at any one or more locations will not affect coverage at any location where, at the time of loss or 

damage, the breach of condition does not exist. 

C. INSURANCE UNDER TWO OR MORE 

COVERAGES 

If two or more of this policy's coverages apply to 

the same loss or damage, we will not pay more 

than the actual amount of the loss or damage. 

D. LEGAL ACTION AGAINST US 

No one may bring a legal action against us under 

this Coverage Part unless: 

1. There has been full compliance with all of the 

terms of this Coverage Part; and 

2. The action is brought within 2 years after the 

date on which the direct physical loss or damage occurred. 

E. LIBERALIZATION 

If we adopt any revision that would broaden the 

coverage under this Coverage Part without additional premium within 45 days prior to or during the 

policy period, the broadened coverage will immediately apply to this Coverage Part. 

F. NO BENEFIT TO BAILEE 

No person or organization, other than you, having 

custody of Covered Property will benefit from this 

insurance. 

G. OTHER INSURANCE 

1. You may have other insurance subject to the 

same plan, terms, conditions and provisions as 

the insurance under this Coverage Part. If you 

do, we will pay our share of the covered loss or 

damage. Our share is the proportion that the 

applicable Limit of Insurance under this Coverage Part bears to the Limits of Insurance of all 

insurance covering on the same basis. 

2. If there is other insurance covering the same 

loss or damage, other than that described in 1. 

above, we will pay only for the amount of covered loss or damage in excess of the amount 

due from that other insurance, whether you can 

collect on it or not. But we will not pay more 

than the applicable Limit of Insurance. 

H. POLICY PERIOD, COVERAGE TERRITORY 

Under this Coverage Part: 

1. We cover loss or damage commencing: 

a. During the policy period shown in the Declarations; and 

b. Within the coverage territory. 

2. The coverage territory is: 

a. The United States of America (including its 

territories and possessions); 

b. Puerto Rico; and 

c. Canada. 

AES1203881 00

 GOLDMARK000105

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CP 00 90 07 88 © ISO Properties, Inc., 2001 Page 2 of 2

I. TRANSFER OF RIGHTS OF RECOVERY 

AGAINST OTHERS TO US 

If any person or organization to or for whom we 

make payment under this Coverage Part has rights 

to recover damages from another, those rights are 

transferred to us to the extent of our payment. That

person or organization must do everything necessary to secure our rights and must do nothing after 

loss to impair them. But you may waive your rights 

against another party in writing: 

1. Prior to a loss to your Covered Property or 

Covered Income. 

2. After a loss to your Covered Property or Covered Income only if, at time of loss, that party is 

one of the following: 

a. Someone insured by this insurance; 

b. A business firm: 

(1) Owned or controlled by you; or 

(2) That owns or controls you; or 

c. Your tenant. 

This will not restrict your insurance. 

 GOLDMARK000106

Case 3:22-cv-02118-X Document 320-5 Filed 09/28/23 Page 107 of 189 PageID 10938
COMMERCIAL PROPERTY

CP 01 40 07 06

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. 

CP 01 40 07 06 © ISO Properties, Inc., 2006 Page 1 of 1

EXCLUSION OF LOSS DUE TO VIRUS OR BACTERIA 

This endorsement modifies insurance provided under the following: 

COMMERCIAL PROPERTY COVERAGE PART 

STANDARD PROPERTY POLICY 

A. The exclusion set forth in Paragraph B. applies to 

all coverage under all forms and endorsements 

that comprise this Coverage Part or Policy, including but not limited to forms or endorsements that 

cover property damage to buildings or personal 

property and forms or endorsements that cover 

business income, extra expense or action of civil 

authority. 

B. We will not pay for loss or damage caused by or 

resulting from any virus, bacterium or other microorganism that induces or is capable of inducing 

physical distress, illness or disease. 

However, this exclusion does not apply to loss or 

damage caused by or resulting from "fungus", wet 

rot or dry rot. Such loss or damage is addressed in 

a separate exclusion in this Coverage Part or Policy. 

C. With respect to any loss or damage subject to the 

exclusion in Paragraph B., such exclusion supersedes any exclusion relating to "pollutants". 

D. The following provisions in this Coverage Part or 

Policy are hereby amended to remove reference 

to bacteria: 

1. Exclusion of "Fungus", Wet Rot, Dry Rot And 

Bacteria; and 

2. Additional Coverage – Limited Coverage for 

"Fungus", Wet Rot, Dry Rot And Bacteria, including any endorsement increasing the scope 

or amount of coverage. 

E. The terms of the exclusion in Paragraph B., or the 

inapplicability of this exclusion to a particular loss, 

do not serve to create coverage for any loss that

would otherwise be excluded under this Coverage 

Part or Policy. 

 GOLDMARK000107

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 GOLDMARK000108

Case 3:22-cv-02118-X Document 320-5 Filed 09/28/23 Page 109 of 189 PageID 10940
POLICY NUMBER: AES1203881 00 COMMERCIAL PROPERTY

CP 03 21 10 12

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. 

CP 03 21 10 12 © Insurance Services Office, Inc., 2011 Page 1 of 3

WINDSTORM OR HAIL PERCENTAGE DEDUCTIBLE 

This endorsement modifies insurance provided under the following: 

BUILDERS RISK COVERAGE FORM 

BUILDING AND PERSONAL PROPERTY COVERAGE FORM 

CONDOMINIUM ASSOCIATION COVERAGE FORM 

CONDOMINIUM COMMERCIAL UNIT-OWNERS COVERAGE FORM 

STANDARD PROPERTY POLICY 

TOBACCO SALES WAREHOUSES COVERAGE FORM 

SCHEDULE 

Premises Number Building Number

Windstorm Or Hail Deductible Percentage –

Enter 1%, 2% Or 5%

1 1 2 %

1 2 2 %

1 3 2 %

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

The Windstorm or Hail Deductible, as shown in the 

Schedule and set forth in this endorsement, applies to 

covered loss or damage caused directly or indirectly 

by Windstorm or Hail. This Deductible applies to each 

occurrence of Windstorm or Hail. 

Nothing in this endorsement implies or affords 

coverage for any loss or damage that is excluded 

under the terms of the Water Exclusion or any other 

exclusion in this policy. If this policy is endorsed to 

cover Flood under the Flood Coverage Endorsement 

(or if you have a flood insurance policy), a separate 

Flood Deductible applies to loss or damage 

attributable to Flood, in accordance with the terms of 

that endorsement or policy. 

As used in this endorsement, the terms "specific 

insurance" and "blanket insurance" have the following 

meanings: Specific insurance covers each item of 

insurance (for example, each building or personal 

property in a building) under a separate Limit of 

Insurance. Blanket insurance covers two or more 

items of insurance (for example, a building and 

personal property in that building, or two buildings) 

under a single Limit of Insurance. Items of insurance 

and corresponding Limit(s) Of Insurance are shown in 

the Declarations. 

WINDSTORM OR HAIL DEDUCTIBLE 

CALCULATIONS 

A. Calculation Of The Deductible – All Policies 

1. A Deductible is calculated separately for, and 

applies separately to: 

a. Each building that sustains loss or damage; 

b. The personal property at each building at 

which there is loss or damage to personal 

property; and 

 c. Personal property in the open. 

If there is damage to both a building and 

personal property in that building, separate 

deductibles apply to the building and to the 

personal property. 

2. We will not pay for loss or damage until the 

amount of loss or damage exceeds the 

applicable Deductible. We will then pay the 

amount of loss or damage in excess of that 

Deductible, up to the applicable Limit of 

Insurance, after any reduction required by any 

of the following: Coinsurance Condition; 

Agreed Value Optional Coverage; or any 

provision in a Value Reporting Form relating to 

full reporting or failure to submit reports. 

 GOLDMARK000109

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Page 2 of 3 © Insurance Services Office, Inc., 2011 CP 03 21 10 12

3. When property is covered under the Coverage 

Extension for Newly Acquired Or Constructed 

Property: In determining the amount, if any, 

that we will pay for loss or damage, we will 

deduct an amount equal to a percentage of the 

value(s) of the property at time of loss. The 

applicable percentage for Newly Acquired Or 

Constructed Property is the highest percentage 

shown in the Schedule for any described 

premises. 

B. Calculation Of The Deductible – Specific 

Insurance Other than Builders' Risk 

1. Property Not Subject To Value Reporting 

Forms 

In determining the amount, if any, that we will 

pay for loss or damage, we will deduct an 

amount equal to 1%, 2% or 5% (as shown in 

the Schedule) of the Limit(s) of Insurance 

applicable to the property that has sustained 

loss or damage. 

2. Property Subject To Value Reporting Forms 

In determining the amount, if any, that we will 

pay for loss or damage, we will deduct an 

amount equal to 1%, 2% or 5% (as shown in 

the Schedule) of the value(s) of the property 

that has sustained loss or damage. The 

value(s) to be used is the latest value(s) shown 

in the most recent Report of Values on file with 

us. 

However: 

a. If the most recent Report of Values shows 

less than the full value(s) of the property on 

the report dates, we will determine the 

deductible amount as a percentage of the 

full value(s) as of the report dates. 

b. If the first Report of Values is not filed with 

us prior to loss or damage, we will 

determine the deductible amount as a 

percentage of the applicable Limit(s) of 

Insurance. 

C. Calculation Of The Deductible – Blanket 

Insurance Other Than Builders' Risk 

1. Property Not Subject To Value Reporting 

Forms 

In determining the amount, if any, that we will 

pay for loss or damage, we will deduct an 

amount equal to 1%, 2% or 5% (as shown in 

the Schedule) of the value(s) of the property 

that has sustained loss or damage. The 

value(s) to be used is that shown in the most 

recent Statement of Values on file with us. 

2. Property Subject To Value Reporting Forms 

In determining the amount, if any, that we will 

pay for property that has sustained loss or 

damage, we will deduct an amount equal to 

1%, 2% or 5% (as shown in the Schedule) of 

the value(s) of that property as of the time of 

loss or damage. 

D. Calculation Of The Deductible – Builders' Risk 

Insurance 

1. Builders' Risk Other Than Reporting Form 

In determining the amount, if any, that we will 

pay for property that has sustained loss or 

damage, we will deduct an amount equal to 

1%, 2% or 5% (as shown in the Schedule) of 

the actual cash value(s) of that property as of 

the time of loss or damage. 

2. Builders' Risk Reporting Form 

In determining the amount, if any, that we will 

pay for loss or damage, we will deduct an 

amount equal to 1%, 2% or 5% (as shown in 

the Schedule) of the value(s) of the property 

that has sustained loss or damage. The 

value(s) to be used is the actual cash value(s) 

shown in the most recent Report of Values on 

file with us. 

However: 

a. If the most recent Report of Values shows 

less than the actual cash value(s) of the 

property on the report date, we will 

determine the deductible amount as a 

percentage of the actual cash value(s) as of 

the report date. 

b. If the first Report of Values is not filed with 

us prior to loss or damage, we will 

determine the deductible amount as a 

percentage of the actual cash value(s) of 

the property as of the time of loss or 

damage. 

Examples – Application Of Deductible 

Example 1 – Specific Insurance (B.1.) 

The amount of loss to the damaged building is 

$60,000. 

The value of the damaged building at time of loss is 

$100,000. The Coinsurance percentage shown in the 

Declarations is 80%; the minimum Limit of Insurance 

needed to meet the Coinsurance requirement is 

$80,000 (80% of $100,000). 

 GOLDMARK000110

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CP 03 21 10 12 © Insurance Services Office, Inc., 2011 Page 3 of 3

The actual Limit of Insurance on the damaged 

building is $70,000. 

The Deductible is 1%. 

Step (1): $70,000  $80,000 = .875

Step (2): $60,000 x .875 = $52,500

Step (3): $70,000 x 1% = $700

Step (4): $52,500 – $700 = $51,800

The most we will pay is $51,800. The remainder of 

the loss, $8,200, is not covered due to the 

Coinsurance penalty for inadequate insurance (Steps 

(1) and (2)) and the application of the Deductible 

(Steps (3) and (4)). 

Example 2 – Specific Insurance (B.1.) 

The amounts of loss to the damaged property are 

$60,000 (Building) and $40,000 (Personal Property in 

building). 

The value of the damaged building at time of loss is 

$100,000. The value of the personal property in that 

building is $80,000. The Coinsurance percentage 

shown in the Declarations is 80%; the minimum Limits 

of Insurance needed to meet the Coinsurance 

requirement are $80,000 (80% of $100,000) for the 

building and $64,000 (80% of $80,000) for the 

personal property. 

The actual Limits of Insurance on the damaged 

property are $80,000 on the building and $64,000 on 

the personal property (therefore, no Coinsurance 

penalty). 

The Deductible is 2%. 

Building 

Step (1): $80,000 x 2% = $1,600

Step (2): $60,000 – $1,600 = $58,400

 Personal Property 

Step (1): $64,000 x 2% = $1,280

Step (2): $40,000 – $1,280 = $38,720

The most we will pay is $97,120. The portion of the 

total loss not covered due to application of the 

Deductible is $2,880. 

Example 3 – Blanket Insurance (C.1.) 

The sum of the values of Building 1 ($500,000), 

Building 2 ($500,000) and Building 3 ($1,000,000), as 

shown in the most recent Statement of Values on file 

with us, is $2,000,000. 

The Coinsurance percentage shown in the 

Declarations is 90%; the minimum Blanket Limit of 

Insurance needed to meet the Coinsurance 

requirement is $1,800,000 (90% of $2,000,000). 

The actual Blanket Limit Of Insurance covering 

Buildings 1, 2, and 3, shown in the Declarations, is 

$1,800,000 (therefore, no Coinsurance penalty). 

Buildings 1 and 2 have sustained damage; the 

amounts of loss to these buildings are $40,000 

(Building 1) and $20,000 (Building 2). 

The Deductible is 2%. 

Building 1 

Step (1): $500,000 x 2% = $10,000

Step (2): $40,000 – $10,000 = $30,000

Building 2 

Step (1): $500,000 x 2% = $10,000

Step (2): $20,000 – $10,000 = $10,000

The most we will pay is $40,000. The portion of the 

total loss not covered due to application of the 

Deductible is $20,000. 

Example 4 – Blanket Insurance (C.1.) 

The sum of the values of Building 1 ($500,000), 

Building 2 ($500,000), Personal Property at Building 1 

($250,000) and Personal Property at Building 2 

($250,000), as shown in the most recent Statement of 

Values on file with us, is $1,500,000. 

The Coinsurance percentage shown in the 

Declarations is 90%; the minimum Blanket Limit of 

Insurance needed to meet the Coinsurance 

requirement is $1,350,000 (90% of $1,500,000). 

The actual Blanket Limit Of Insurance covering 

Buildings 1 and 2 and Personal Property at Buildings 

1 and 2, shown in the Declarations, is $1,350,000. 

Therefore, there is no Coinsurance penalty. 

Building 1 and Personal Property at Building 1 have 

sustained damage; the amounts of loss are $95,000 

(Building) and $5,000 (Personal Property). 

The Deductible is 5%. 

Building 

Step (1): $500,000 x 5% = $25,000

Step (2): $95,000 – $25,000 = $70,000

Personal Property 

Step (1): $250,000 x 5% = $12,500

The loss, $5,000, does not exceed the Deductible. 

The most we will pay is $70,000. The remainder of 

the building loss, $25,000, is not covered due to 

application of the Deductible. There is no loss 

payment for the personal property. 

 GOLDMARK000111

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 GOLDMARK000112

Case 3:22-cv-02118-X Document 320-5 Filed 09/28/23 Page 113 of 189 PageID 10944
POLICY NUMBER: AES1203881 00 COMMERCIAL PROPERTY

CP 03 21 10 12

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. 

CP 03 21 10 12 © Insurance Services Office, Inc., 2011 Page 1 of 3

WINDSTORM OR HAIL PERCENTAGE DEDUCTIBLE 

This endorsement modifies insurance provided under the following: 

BUILDERS RISK COVERAGE FORM 

BUILDING AND PERSONAL PROPERTY COVERAGE FORM 

CONDOMINIUM ASSOCIATION COVERAGE FORM 

CONDOMINIUM COMMERCIAL UNIT-OWNERS COVERAGE FORM 

STANDARD PROPERTY POLICY 

TOBACCO SALES WAREHOUSES COVERAGE FORM 

SCHEDULE 

Premises Number Building Number

Windstorm Or Hail Deductible Percentage –

Enter 1%, 2% Or 5%

1 4 2 %

1 5 2 %

1 6 2 %

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

The Windstorm or Hail Deductible, as shown in the 

Schedule and set forth in this endorsement, applies to 

covered loss or damage caused directly or indirectly 

by Windstorm or Hail. This Deductible applies to each 

occurrence of Windstorm or Hail. 

Nothing in this endorsement implies or affords 

coverage for any loss or damage that is excluded 

under the terms of the Water Exclusion or any other 

exclusion in this policy. If this policy is endorsed to 

cover Flood under the Flood Coverage Endorsement 

(or if you have a flood insurance policy), a separate 

Flood Deductible applies to loss or damage 

attributable to Flood, in accordance with the terms of 

that endorsement or policy. 

As used in this endorsement, the terms "specific 

insurance" and "blanket insurance" have the following 

meanings: Specific insurance covers each item of 

insurance (for example, each building or personal 

property in a building) under a separate Limit of 

Insurance. Blanket insurance covers two or more 

items of insurance (for example, a building and 

personal property in that building, or two buildings) 

under a single Limit of Insurance. Items of insurance 

and corresponding Limit(s) Of Insurance are shown in 

the Declarations. 

WINDSTORM OR HAIL DEDUCTIBLE 

CALCULATIONS 

A. Calculation Of The Deductible – All Policies 

1. A Deductible is calculated separately for, and 

applies separately to: 

a. Each building that sustains loss or damage; 

b. The personal property at each building at 

which there is loss or damage to personal 

property; and 

 c. Personal property in the open. 

If there is damage to both a building and 

personal property in that building, separate 

deductibles apply to the building and to the 

personal property. 

2. We will not pay for loss or damage until the 

amount of loss or damage exceeds the 

applicable Deductible. We will then pay the 

amount of loss or damage in excess of that 

Deductible, up to the applicable Limit of 

Insurance, after any reduction required by any 

of the following: Coinsurance Condition; 

Agreed Value Optional Coverage; or any 

provision in a Value Reporting Form relating to 

full reporting or failure to submit reports. 

 GOLDMARK000113

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Page 2 of 3 © Insurance Services Office, Inc., 2011 CP 03 21 10 12

3. When property is covered under the Coverage 

Extension for Newly Acquired Or Constructed 

Property: In determining the amount, if any, 

that we will pay for loss or damage, we will 

deduct an amount equal to a percentage of the 

value(s) of the property at time of loss. The 

applicable percentage for Newly Acquired Or 

Constructed Property is the highest percentage 

shown in the Schedule for any described 

premises. 

B. Calculation Of The Deductible – Specific 

Insurance Other than Builders' Risk 

1. Property Not Subject To Value Reporting 

Forms 

In determining the amount, if any, that we will 

pay for loss or damage, we will deduct an 

amount equal to 1%, 2% or 5% (as shown in 

the Schedule) of the Limit(s) of Insurance 

applicable to the property that has sustained 

loss or damage. 

2. Property Subject To Value Reporting Forms 

In determining the amount, if any, that we will 

pay for loss or damage, we will deduct an 

amount equal to 1%, 2% or 5% (as shown in 

the Schedule) of the value(s) of the property 

that has sustained loss or damage. The 

value(s) to be used is the latest value(s) shown 

in the most recent Report of Values on file with 

us. 

However: 

a. If the most recent Report of Values shows 

less than the full value(s) of the property on 

the report dates, we will determine the 

deductible amount as a percentage of the 

full value(s) as of the report dates. 

b. If the first Report of Values is not filed with 

us prior to loss or damage, we will 

determine the deductible amount as a 

percentage of the applicable Limit(s) of 

Insurance. 

C. Calculation Of The Deductible – Blanket 

Insurance Other Than Builders' Risk 

1. Property Not Subject To Value Reporting 

Forms 

In determining the amount, if any, that we will 

pay for loss or damage, we will deduct an 

amount equal to 1%, 2% or 5% (as shown in 

the Schedule) of the value(s) of the property 

that has sustained loss or damage. The 

value(s) to be used is that shown in the most 

recent Statement of Values on file with us. 

2. Property Subject To Value Reporting Forms 

In determining the amount, if any, that we will 

pay for property that has sustained loss or 

damage, we will deduct an amount equal to 

1%, 2% or 5% (as shown in the Schedule) of 

the value(s) of that property as of the time of 

loss or damage. 

D. Calculation Of The Deductible – Builders' Risk 

Insurance 

1. Builders' Risk Other Than Reporting Form 

In determining the amount, if any, that we will 

pay for property that has sustained loss or 

damage, we will deduct an amount equal to 

1%, 2% or 5% (as shown in the Schedule) of 

the actual cash value(s) of that property as of 

the time of loss or damage. 

2. Builders' Risk Reporting Form 

In determining the amount, if any, that we will 

pay for loss or damage, we will deduct an 

amount equal to 1%, 2% or 5% (as shown in 

the Schedule) of the value(s) of the property 

that has sustained loss or damage. The 

value(s) to be used is the actual cash value(s) 

shown in the most recent Report of Values on 

file with us. 

However: 

a. If the most recent Report of Values shows 

less than the actual cash value(s) of the 

property on the report date, we will 

determine the deductible amount as a 

percentage of the actual cash value(s) as of 

the report date. 

b. If the first Report of Values is not filed with 

us prior to loss or damage, we will 

determine the deductible amount as a 

percentage of the actual cash value(s) of 

the property as of the time of loss or 

damage. 

Examples – Application Of Deductible 

Example 1 – Specific Insurance (B.1.) 

The amount of loss to the damaged building is 

$60,000. 

The value of the damaged building at time of loss is 

$100,000. The Coinsurance percentage shown in the 

Declarations is 80%; the minimum Limit of Insurance 

needed to meet the Coinsurance requirement is 

$80,000 (80% of $100,000). 

 GOLDMARK000114

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CP 03 21 10 12 © Insurance Services Office, Inc., 2011 Page 3 of 3

The actual Limit of Insurance on the damaged 

building is $70,000. 

The Deductible is 1%. 

Step (1): $70,000  $80,000 = .875

Step (2): $60,000 x .875 = $52,500

Step (3): $70,000 x 1% = $700

Step (4): $52,500 – $700 = $51,800

The most we will pay is $51,800. The remainder of 

the loss, $8,200, is not covered due to the 

Coinsurance penalty for inadequate insurance (Steps 

(1) and (2)) and the application of the Deductible 

(Steps (3) and (4)). 

Example 2 – Specific Insurance (B.1.) 

The amounts of loss to the damaged property are 

$60,000 (Building) and $40,000 (Personal Property in 

building). 

The value of the damaged building at time of loss is 

$100,000. The value of the personal property in that 

building is $80,000. The Coinsurance percentage 

shown in the Declarations is 80%; the minimum Limits 

of Insurance needed to meet the Coinsurance 

requirement are $80,000 (80% of $100,000) for the 

building and $64,000 (80% of $80,000) for the 

personal property. 

The actual Limits of Insurance on the damaged 

property are $80,000 on the building and $64,000 on 

the personal property (therefore, no Coinsurance 

penalty). 

The Deductible is 2%. 

Building 

Step (1): $80,000 x 2% = $1,600

Step (2): $60,000 – $1,600 = $58,400

 Personal Property 

Step (1): $64,000 x 2% = $1,280

Step (2): $40,000 – $1,280 = $38,720

The most we will pay is $97,120. The portion of the 

total loss not covered due to application of the 

Deductible is $2,880. 

Example 3 – Blanket Insurance (C.1.) 

The sum of the values of Building 1 ($500,000), 

Building 2 ($500,000) and Building 3 ($1,000,000), as 

shown in the most recent Statement of Values on file 

with us, is $2,000,000. 

The Coinsurance percentage shown in the 

Declarations is 90%; the minimum Blanket Limit of 

Insurance needed to meet the Coinsurance 

requirement is $1,800,000 (90% of $2,000,000). 

The actual Blanket Limit Of Insurance covering 

Buildings 1, 2, and 3, shown in the Declarations, is 

$1,800,000 (therefore, no Coinsurance penalty). 

Buildings 1 and 2 have sustained damage; the 

amounts of loss to these buildings are $40,000 

(Building 1) and $20,000 (Building 2). 

The Deductible is 2%. 

Building 1 

Step (1): $500,000 x 2% = $10,000

Step (2): $40,000 – $10,000 = $30,000

Building 2 

Step (1): $500,000 x 2% = $10,000

Step (2): $20,000 – $10,000 = $10,000

The most we will pay is $40,000. The portion of the 

total loss not covered due to application of the 

Deductible is $20,000. 

Example 4 – Blanket Insurance (C.1.) 

The sum of the values of Building 1 ($500,000), 

Building 2 ($500,000), Personal Property at Building 1 

($250,000) and Personal Property at Building 2 

($250,000), as shown in the most recent Statement of 

Values on file with us, is $1,500,000. 

The Coinsurance percentage shown in the 

Declarations is 90%; the minimum Blanket Limit of 

Insurance needed to meet the Coinsurance 

requirement is $1,350,000 (90% of $1,500,000). 

The actual Blanket Limit Of Insurance covering 

Buildings 1 and 2 and Personal Property at Buildings 

1 and 2, shown in the Declarations, is $1,350,000. 

Therefore, there is no Coinsurance penalty. 

Building 1 and Personal Property at Building 1 have 

sustained damage; the amounts of loss are $95,000 

(Building) and $5,000 (Personal Property). 

The Deductible is 5%. 

Building 

Step (1): $500,000 x 5% = $25,000

Step (2): $95,000 – $25,000 = $70,000

Personal Property 

Step (1): $250,000 x 5% = $12,500

The loss, $5,000, does not exceed the Deductible. 

The most we will pay is $70,000. The remainder of 

the building loss, $25,000, is not covered due to 

application of the Deductible. There is no loss 

payment for the personal property. 

 GOLDMARK000115

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 GOLDMARK000116

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POLICY NUMBER: AES1203881 00 COMMERCIAL PROPERTY

CP 03 21 10 12

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. 

CP 03 21 10 12 © Insurance Services Office, Inc., 2011 Page 1 of 3

WINDSTORM OR HAIL PERCENTAGE DEDUCTIBLE 

This endorsement modifies insurance provided under the following: 

BUILDERS RISK COVERAGE FORM 

BUILDING AND PERSONAL PROPERTY COVERAGE FORM 

CONDOMINIUM ASSOCIATION COVERAGE FORM 

CONDOMINIUM COMMERCIAL UNIT-OWNERS COVERAGE FORM 

STANDARD PROPERTY POLICY 

TOBACCO SALES WAREHOUSES COVERAGE FORM 

SCHEDULE 

Premises Number Building Number

Windstorm Or Hail Deductible Percentage –

Enter 1%, 2% Or 5%

1 7 2 %

1 8 2 %

1 9 2 %

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

The Windstorm or Hail Deductible, as shown in the 

Schedule and set forth in this endorsement, applies to 

covered loss or damage caused directly or indirectly 

by Windstorm or Hail. This Deductible applies to each 

occurrence of Windstorm or Hail. 

Nothing in this endorsement implies or affords 

coverage for any loss or damage that is excluded 

under the terms of the Water Exclusion or any other 

exclusion in this policy. If this policy is endorsed to 

cover Flood under the Flood Coverage Endorsement 

(or if you have a flood insurance policy), a separate 

Flood Deductible applies to loss or damage 

attributable to Flood, in accordance with the terms of 

that endorsement or policy. 

As used in this endorsement, the terms "specific 

insurance" and "blanket insurance" have the following 

meanings: Specific insurance covers each item of 

insurance (for example, each building or personal 

property in a building) under a separate Limit of 

Insurance. Blanket insurance covers two or more 

items of insurance (for example, a building and 

personal property in that building, or two buildings) 

under a single Limit of Insurance. Items of insurance 

and corresponding Limit(s) Of Insurance are shown in 

the Declarations. 

WINDSTORM OR HAIL DEDUCTIBLE 

CALCULATIONS 

A. Calculation Of The Deductible – All Policies 

1. A Deductible is calculated separately for, and 

applies separately to: 

a. Each building that sustains loss or damage; 

b. The personal property at each building at 

which there is loss or damage to personal 

property; and 

 c. Personal property in the open. 

If there is damage to both a building and 

personal property in that building, separate 

deductibles apply to the building and to the 

personal property. 

2. We will not pay for loss or damage until the 

amount of loss or damage exceeds the 

applicable Deductible. We will then pay the 

amount of loss or damage in excess of that 

Deductible, up to the applicable Limit of 

Insurance, after any reduction required by any 

of the following: Coinsurance Condition; 

Agreed Value Optional Coverage; or any 

provision in a Value Reporting Form relating to 

full reporting or failure to submit reports. 

 GOLDMARK000117

Case 3:22-cv-02118-X Document 320-5 Filed 09/28/23 Page 118 of 189 PageID 10949
Page 2 of 3 © Insurance Services Office, Inc., 2011 CP 03 21 10 12

3. When property is covered under the Coverage 

Extension for Newly Acquired Or Constructed 

Property: In determining the amount, if any, 

that we will pay for loss or damage, we will 

deduct an amount equal to a percentage of the 

value(s) of the property at time of loss. The 

applicable percentage for Newly Acquired Or 

Constructed Property is the highest percentage 

shown in the Schedule for any described 

premises. 

B. Calculation Of The Deductible – Specific 

Insurance Other than Builders' Risk 

1. Property Not Subject To Value Reporting 

Forms 

In determining the amount, if any, that we will 

pay for loss or damage, we will deduct an 

amount equal to 1%, 2% or 5% (as shown in 

the Schedule) of the Limit(s) of Insurance 

applicable to the property that has sustained 

loss or damage. 

2. Property Subject To Value Reporting Forms 

In determining the amount, if any, that we will 

pay for loss or damage, we will deduct an 

amount equal to 1%, 2% or 5% (as shown in 

the Schedule) of the value(s) of the property 

that has sustained loss or damage. The 

value(s) to be used is the latest value(s) shown 

in the most recent Report of Values on file with 

us. 

However: 

a. If the most recent Report of Values shows 

less than the full value(s) of the property on 

the report dates, we will determine the 

deductible amount as a percentage of the 

full value(s) as of the report dates. 

b. If the first Report of Values is not filed with 

us prior to loss or damage, we will 

determine the deductible amount as a 

percentage of the applicable Limit(s) of 

Insurance. 

C. Calculation Of The Deductible – Blanket 

Insurance Other Than Builders' Risk 

1. Property Not Subject To Value Reporting 

Forms 

In determining the amount, if any, that we will 

pay for loss or damage, we will deduct an 

amount equal to 1%, 2% or 5% (as shown in 

the Schedule) of the value(s) of the property 

that has sustained loss or damage. The 

value(s) to be used is that shown in the most 

recent Statement of Values on file with us. 

2. Property Subject To Value Reporting Forms 

In determining the amount, if any, that we will 

pay for property that has sustained loss or 

damage, we will deduct an amount equal to 

1%, 2% or 5% (as shown in the Schedule) of 

the value(s) of that property as of the time of 

loss or damage. 

D. Calculation Of The Deductible – Builders' Risk 

Insurance 

1. Builders' Risk Other Than Reporting Form 

In determining the amount, if any, that we will 

pay for property that has sustained loss or 

damage, we will deduct an amount equal to 

1%, 2% or 5% (as shown in the Schedule) of 

the actual cash value(s) of that property as of 

the time of loss or damage. 

2. Builders' Risk Reporting Form 

In determining the amount, if any, that we will 

pay for loss or damage, we will deduct an 

amount equal to 1%, 2% or 5% (as shown in 

the Schedule) of the value(s) of the property 

that has sustained loss or damage. The 

value(s) to be used is the actual cash value(s) 

shown in the most recent Report of Values on 

file with us. 

However: 

a. If the most recent Report of Values shows 

less than the actual cash value(s) of the 

property on the report date, we will 

determine the deductible amount as a 

percentage of the actual cash value(s) as of 

the report date. 

b. If the first Report of Values is not filed with 

us prior to loss or damage, we will 

determine the deductible amount as a 

percentage of the actual cash value(s) of 

the property as of the time of loss or 

damage. 

Examples – Application Of Deductible 

Example 1 – Specific Insurance (B.1.) 

The amount of loss to the damaged building is 

$60,000. 

The value of the damaged building at time of loss is 

$100,000. The Coinsurance percentage shown in the 

Declarations is 80%; the minimum Limit of Insurance 

needed to meet the Coinsurance requirement is 

$80,000 (80% of $100,000). 

 GOLDMARK000118

Case 3:22-cv-02118-X Document 320-5 Filed 09/28/23 Page 119 of 189 PageID 10950
CP 03 21 10 12 © Insurance Services Office, Inc., 2011 Page 3 of 3

The actual Limit of Insurance on the damaged 

building is $70,000. 

The Deductible is 1%. 

Step (1): $70,000  $80,000 = .875

Step (2): $60,000 x .875 = $52,500

Step (3): $70,000 x 1% = $700

Step (4): $52,500 – $700 = $51,800

The most we will pay is $51,800. The remainder of 

the loss, $8,200, is not covered due to the 

Coinsurance penalty for inadequate insurance (Steps 

(1) and (2)) and the application of the Deductible 

(Steps (3) and (4)). 

Example 2 – Specific Insurance (B.1.) 

The amounts of loss to the damaged property are 

$60,000 (Building) and $40,000 (Personal Property in 

building). 

The value of the damaged building at time of loss is 

$100,000. The value of the personal property in that 

building is $80,000. The Coinsurance percentage 

shown in the Declarations is 80%; the minimum Limits 

of Insurance needed to meet the Coinsurance 

requirement are $80,000 (80% of $100,000) for the 

building and $64,000 (80% of $80,000) for the 

personal property. 

The actual Limits of Insurance on the damaged 

property are $80,000 on the building and $64,000 on 

the personal property (therefore, no Coinsurance 

penalty). 

The Deductible is 2%. 

Building 

Step (1): $80,000 x 2% = $1,600

Step (2): $60,000 – $1,600 = $58,400

 Personal Property 

Step (1): $64,000 x 2% = $1,280

Step (2): $40,000 – $1,280 = $38,720

The most we will pay is $97,120. The portion of the 

total loss not covered due to application of the 

Deductible is $2,880. 

Example 3 – Blanket Insurance (C.1.) 

The sum of the values of Building 1 ($500,000), 

Building 2 ($500,000) and Building 3 ($1,000,000), as 

shown in the most recent Statement of Values on file 

with us, is $2,000,000. 

The Coinsurance percentage shown in the 

Declarations is 90%; the minimum Blanket Limit of 

Insurance needed to meet the Coinsurance 

requirement is $1,800,000 (90% of $2,000,000). 

The actual Blanket Limit Of Insurance covering 

Buildings 1, 2, and 3, shown in the Declarations, is 

$1,800,000 (therefore, no Coinsurance penalty). 

Buildings 1 and 2 have sustained damage; the 

amounts of loss to these buildings are $40,000 

(Building 1) and $20,000 (Building 2). 

The Deductible is 2%. 

Building 1 

Step (1): $500,000 x 2% = $10,000

Step (2): $40,000 – $10,000 = $30,000

Building 2 

Step (1): $500,000 x 2% = $10,000

Step (2): $20,000 – $10,000 = $10,000

The most we will pay is $40,000. The portion of the 

total loss not covered due to application of the 

Deductible is $20,000. 

Example 4 – Blanket Insurance (C.1.) 

The sum of the values of Building 1 ($500,000), 

Building 2 ($500,000), Personal Property at Building 1 

($250,000) and Personal Property at Building 2 

($250,000), as shown in the most recent Statement of 

Values on file with us, is $1,500,000. 

The Coinsurance percentage shown in the 

Declarations is 90%; the minimum Blanket Limit of 

Insurance needed to meet the Coinsurance 

requirement is $1,350,000 (90% of $1,500,000). 

The actual Blanket Limit Of Insurance covering 

Buildings 1 and 2 and Personal Property at Buildings 

1 and 2, shown in the Declarations, is $1,350,000. 

Therefore, there is no Coinsurance penalty. 

Building 1 and Personal Property at Building 1 have 

sustained damage; the amounts of loss are $95,000 

(Building) and $5,000 (Personal Property). 

The Deductible is 5%. 

Building 

Step (1): $500,000 x 5% = $25,000

Step (2): $95,000 – $25,000 = $70,000

Personal Property 

Step (1): $250,000 x 5% = $12,500

The loss, $5,000, does not exceed the Deductible. 

The most we will pay is $70,000. The remainder of 

the building loss, $25,000, is not covered due to 

application of the Deductible. There is no loss 

payment for the personal property. 

 GOLDMARK000119

Case 3:22-cv-02118-X Document 320-5 Filed 09/28/23 Page 120 of 189 PageID 10951
This page intentionally left blank 

 GOLDMARK000120

Case 3:22-cv-02118-X Document 320-5 Filed 09/28/23 Page 121 of 189 PageID 10952
POLICY NUMBER: AES1203881 00 COMMERCIAL PROPERTY

CP 03 21 10 12

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. 

CP 03 21 10 12 © Insurance Services Office, Inc., 2011 Page 1 of 3

WINDSTORM OR HAIL PERCENTAGE DEDUCTIBLE 

This endorsement modifies insurance provided under the following: 

BUILDERS RISK COVERAGE FORM 

BUILDING AND PERSONAL PROPERTY COVERAGE FORM 

CONDOMINIUM ASSOCIATION COVERAGE FORM 

CONDOMINIUM COMMERCIAL UNIT-OWNERS COVERAGE FORM 

STANDARD PROPERTY POLICY 

TOBACCO SALES WAREHOUSES COVERAGE FORM 

SCHEDULE 

Premises Number Building Number

Windstorm Or Hail Deductible Percentage –

Enter 1%, 2% Or 5%

1 10 2 %

1 11 2 %

1 12 2 %

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

The Windstorm or Hail Deductible, as shown in the 

Schedule and set forth in this endorsement, applies to 

covered loss or damage caused directly or indirectly 

by Windstorm or Hail. This Deductible applies to each 

occurrence of Windstorm or Hail. 

Nothing in this endorsement implies or affords 

coverage for any loss or damage that is excluded 

under the terms of the Water Exclusion or any other 

exclusion in this policy. If this policy is endorsed to 

cover Flood under the Flood Coverage Endorsement 

(or if you have a flood insurance policy), a separate 

Flood Deductible applies to loss or damage 

attributable to Flood, in accordance with the terms of 

that endorsement or policy. 

As used in this endorsement, the terms "specific 

insurance" and "blanket insurance" have the following 

meanings: Specific insurance covers each item of 

insurance (for example, each building or personal 

property in a building) under a separate Limit of 

Insurance. Blanket insurance covers two or more 

items of insurance (for example, a building and 

personal property in that building, or two buildings) 

under a single Limit of Insurance. Items of insurance 

and corresponding Limit(s) Of Insurance are shown in 

the Declarations. 

WINDSTORM OR HAIL DEDUCTIBLE 

CALCULATIONS 

A. Calculation Of The Deductible – All Policies 

1. A Deductible is calculated separately for, and 

applies separately to: 

a. Each building that sustains loss or damage; 

b. The personal property at each building at 

which there is loss or damage to personal 

property; and 

 c. Personal property in the open. 

If there is damage to both a building and 

personal property in that building, separate 

deductibles apply to the building and to the 

personal property. 

2. We will not pay for loss or damage until the 

amount of loss or damage exceeds the 

applicable Deductible. We will then pay the 

amount of loss or damage in excess of that 

Deductible, up to the applicable Limit of 

Insurance, after any reduction required by any 

of the following: Coinsurance Condition; 

Agreed Value Optional Coverage; or any 

provision in a Value Reporting Form relating to 

full reporting or failure to submit reports. 

 GOLDMARK000121

Case 3:22-cv-02118-X Document 320-5 Filed 09/28/23 Page 122 of 189 PageID 10953
Page 2 of 3 © Insurance Services Office, Inc., 2011 CP 03 21 10 12

3. When property is covered under the Coverage 

Extension for Newly Acquired Or Constructed 

Property: In determining the amount, if any, 

that we will pay for loss or damage, we will 

deduct an amount equal to a percentage of the 

value(s) of the property at time of loss. The 

applicable percentage for Newly Acquired Or 

Constructed Property is the highest percentage 

shown in the Schedule for any described 

premises. 

B. Calculation Of The Deductible – Specific 

Insurance Other than Builders' Risk 

1. Property Not Subject To Value Reporting 

Forms 

In determining the amount, if any, that we will 

pay for loss or damage, we will deduct an 

amount equal to 1%, 2% or 5% (as shown in 

the Schedule) of the Limit(s) of Insurance 

applicable to the property that has sustained 

loss or damage. 

2. Property Subject To Value Reporting Forms 

In determining the amount, if any, that we will 

pay for loss or damage, we will deduct an 

amount equal to 1%, 2% or 5% (as shown in 

the Schedule) of the value(s) of the property 

that has sustained loss or damage. The 

value(s) to be used is the latest value(s) shown 

in the most recent Report of Values on file with 

us. 

However: 

a. If the most recent Report of Values shows 

less than the full value(s) of the property on 

the report dates, we will determine the 

deductible amount as a percentage of the 

full value(s) as of the report dates. 

b. If the first Report of Values is not filed with 

us prior to loss or damage, we will 

determine the deductible amount as a 

percentage of the applicable Limit(s) of 

Insurance. 

C. Calculation Of The Deductible – Blanket 

Insurance Other Than Builders' Risk 

1. Property Not Subject To Value Reporting 

Forms 

In determining the amount, if any, that we will 

pay for loss or damage, we will deduct an 

amount equal to 1%, 2% or 5% (as shown in 

the Schedule) of the value(s) of the property 

that has sustained loss or damage. The 

value(s) to be used is that shown in the most 

recent Statement of Values on file with us. 

2. Property Subject To Value Reporting Forms 

In determining the amount, if any, that we will 

pay for property that has sustained loss or 

damage, we will deduct an amount equal to 

1%, 2% or 5% (as shown in the Schedule) of 

the value(s) of that property as of the time of 

loss or damage. 

D. Calculation Of The Deductible – Builders' Risk 

Insurance 

1. Builders' Risk Other Than Reporting Form 

In determining the amount, if any, that we will 

pay for property that has sustained loss or 

damage, we will deduct an amount equal to 

1%, 2% or 5% (as shown in the Schedule) of 

the actual cash value(s) of that property as of 

the time of loss or damage. 

2. Builders' Risk Reporting Form 

In determining the amount, if any, that we will 

pay for loss or damage, we will deduct an 

amount equal to 1%, 2% or 5% (as shown in 

the Schedule) of the value(s) of the property 

that has sustained loss or damage. The 

value(s) to be used is the actual cash value(s) 

shown in the most recent Report of Values on 

file with us. 

However: 

a. If the most recent Report of Values shows 

less than the actual cash value(s) of the 

property on the report date, we will 

determine the deductible amount as a 

percentage of the actual cash value(s) as of 

the report date. 

b. If the first Report of Values is not filed with 

us prior to loss or damage, we will 

determine the deductible amount as a 

percentage of the actual cash value(s) of 

the property as of the time of loss or 

damage. 

Examples – Application Of Deductible 

Example 1 – Specific Insurance (B.1.) 

The amount of loss to the damaged building is 

$60,000. 

The value of the damaged building at time of loss is 

$100,000. The Coinsurance percentage shown in the 

Declarations is 80%; the minimum Limit of Insurance 

needed to meet the Coinsurance requirement is 

$80,000 (80% of $100,000). 

 GOLDMARK000122

Case 3:22-cv-02118-X Document 320-5 Filed 09/28/23 Page 123 of 189 PageID 10954
CP 03 21 10 12 © Insurance Services Office, Inc., 2011 Page 3 of 3

The actual Limit of Insurance on the damaged 

building is $70,000. 

The Deductible is 1%. 

Step (1): $70,000  $80,000 = .875

Step (2): $60,000 x .875 = $52,500

Step (3): $70,000 x 1% = $700

Step (4): $52,500 – $700 = $51,800

The most we will pay is $51,800. The remainder of 

the loss, $8,200, is not covered due to the 

Coinsurance penalty for inadequate insurance (Steps 

(1) and (2)) and the application of the Deductible 

(Steps (3) and (4)). 

Example 2 – Specific Insurance (B.1.) 

The amounts of loss to the damaged property are 

$60,000 (Building) and $40,000 (Personal Property in 

building). 

The value of the damaged building at time of loss is 

$100,000. The value of the personal property in that 

building is $80,000. The Coinsurance percentage 

shown in the Declarations is 80%; the minimum Limits 

of Insurance needed to meet the Coinsurance 

requirement are $80,000 (80% of $100,000) for the 

building and $64,000 (80% of $80,000) for the 

personal property. 

The actual Limits of Insurance on the damaged 

property are $80,000 on the building and $64,000 on 

the personal property (therefore, no Coinsurance 

penalty). 

The Deductible is 2%. 

Building 

Step (1): $80,000 x 2% = $1,600

Step (2): $60,000 – $1,600 = $58,400

 Personal Property 

Step (1): $64,000 x 2% = $1,280

Step (2): $40,000 – $1,280 = $38,720

The most we will pay is $97,120. The portion of the 

total loss not covered due to application of the 

Deductible is $2,880. 

Example 3 – Blanket Insurance (C.1.) 

The sum of the values of Building 1 ($500,000), 

Building 2 ($500,000) and Building 3 ($1,000,000), as 

shown in the most recent Statement of Values on file 

with us, is $2,000,000. 

The Coinsurance percentage shown in the 

Declarations is 90%; the minimum Blanket Limit of 

Insurance needed to meet the Coinsurance 

requirement is $1,800,000 (90% of $2,000,000). 

The actual Blanket Limit Of Insurance covering 

Buildings 1, 2, and 3, shown in the Declarations, is 

$1,800,000 (therefore, no Coinsurance penalty). 

Buildings 1 and 2 have sustained damage; the 

amounts of loss to these buildings are $40,000 

(Building 1) and $20,000 (Building 2). 

The Deductible is 2%. 

Building 1 

Step (1): $500,000 x 2% = $10,000

Step (2): $40,000 – $10,000 = $30,000

Building 2 

Step (1): $500,000 x 2% = $10,000

Step (2): $20,000 – $10,000 = $10,000

The most we will pay is $40,000. The portion of the 

total loss not covered due to application of the 

Deductible is $20,000. 

Example 4 – Blanket Insurance (C.1.) 

The sum of the values of Building 1 ($500,000), 

Building 2 ($500,000), Personal Property at Building 1 

($250,000) and Personal Property at Building 2 

($250,000), as shown in the most recent Statement of 

Values on file with us, is $1,500,000. 

The Coinsurance percentage shown in the 

Declarations is 90%; the minimum Blanket Limit of 

Insurance needed to meet the Coinsurance 

requirement is $1,350,000 (90% of $1,500,000). 

The actual Blanket Limit Of Insurance covering 

Buildings 1 and 2 and Personal Property at Buildings 

1 and 2, shown in the Declarations, is $1,350,000. 

Therefore, there is no Coinsurance penalty. 

Building 1 and Personal Property at Building 1 have 

sustained damage; the amounts of loss are $95,000 

(Building) and $5,000 (Personal Property). 

The Deductible is 5%. 

Building 

Step (1): $500,000 x 5% = $25,000

Step (2): $95,000 – $25,000 = $70,000

Personal Property 

Step (1): $250,000 x 5% = $12,500

The loss, $5,000, does not exceed the Deductible. 

The most we will pay is $70,000. The remainder of 

the building loss, $25,000, is not covered due to 

application of the Deductible. There is no loss 

payment for the personal property. 

 GOLDMARK000123

Case 3:22-cv-02118-X Document 320-5 Filed 09/28/23 Page 124 of 189 PageID 10955
This page intentionally left blank 

 GOLDMARK000124

Case 3:22-cv-02118-X Document 320-5 Filed 09/28/23 Page 125 of 189 PageID 10956
POLICY NUMBER: AES1203881 00 COMMERCIAL PROPERTY

CP 03 21 10 12

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. 

CP 03 21 10 12 © Insurance Services Office, Inc., 2011 Page 1 of 3

WINDSTORM OR HAIL PERCENTAGE DEDUCTIBLE 

This endorsement modifies insurance provided under the following: 

BUILDERS RISK COVERAGE FORM 

BUILDING AND PERSONAL PROPERTY COVERAGE FORM 

CONDOMINIUM ASSOCIATION COVERAGE FORM 

CONDOMINIUM COMMERCIAL UNIT-OWNERS COVERAGE FORM 

STANDARD PROPERTY POLICY 

TOBACCO SALES WAREHOUSES COVERAGE FORM 

SCHEDULE 

Premises Number Building Number

Windstorm Or Hail Deductible Percentage –

Enter 1%, 2% Or 5%

1 13 2 %

%

%

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

The Windstorm or Hail Deductible, as shown in the 

Schedule and set forth in this endorsement, applies to 

covered loss or damage caused directly or indirectly 

by Windstorm or Hail. This Deductible applies to each 

occurrence of Windstorm or Hail. 

Nothing in this endorsement implies or affords 

coverage for any loss or damage that is excluded 

under the terms of the Water Exclusion or any other 

exclusion in this policy. If this policy is endorsed to 

cover Flood under the Flood Coverage Endorsement 

(or if you have a flood insurance policy), a separate 

Flood Deductible applies to loss or damage 

attributable to Flood, in accordance with the terms of 

that endorsement or policy. 

As used in this endorsement, the terms "specific 

insurance" and "blanket insurance" have the following 

meanings: Specific insurance covers each item of 

insurance (for example, each building or personal 

property in a building) under a separate Limit of 

Insurance. Blanket insurance covers two or more 

items of insurance (for example, a building and 

personal property in that building, or two buildings) 

under a single Limit of Insurance. Items of insurance 

and corresponding Limit(s) Of Insurance are shown in 

the Declarations. 

WINDSTORM OR HAIL DEDUCTIBLE 

CALCULATIONS 

A. Calculation Of The Deductible – All Policies 

1. A Deductible is calculated separately for, and 

applies separately to: 

a. Each building that sustains loss or damage; 

b. The personal property at each building at 

which there is loss or damage to personal 

property; and 

 c. Personal property in the open. 

If there is damage to both a building and 

personal property in that building, separate 

deductibles apply to the building and to the 

personal property. 

2. We will not pay for loss or damage until the 

amount of loss or damage exceeds the 

applicable Deductible. We will then pay the 

amount of loss or damage in excess of that 

Deductible, up to the applicable Limit of 

Insurance, after any reduction required by any 

of the following: Coinsurance Condition; 

Agreed Value Optional Coverage; or any 

provision in a Value Reporting Form relating to 

full reporting or failure to submit reports. 

 GOLDMARK000125

Case 3:22-cv-02118-X Document 320-5 Filed 09/28/23 Page 126 of 189 PageID 10957
Page 2 of 3 © Insurance Services Office, Inc., 2011 CP 03 21 10 12

3. When property is covered under the Coverage 

Extension for Newly Acquired Or Constructed 

Property: In determining the amount, if any, 

that we will pay for loss or damage, we will 

deduct an amount equal to a percentage of the 

value(s) of the property at time of loss. The 

applicable percentage for Newly Acquired Or 

Constructed Property is the highest percentage 

shown in the Schedule for any described 

premises. 

B. Calculation Of The Deductible – Specific 

Insurance Other than Builders' Risk 

1. Property Not Subject To Value Reporting 

Forms 

In determining the amount, if any, that we will 

pay for loss or damage, we will deduct an 

amount equal to 1%, 2% or 5% (as shown in 

the Schedule) of the Limit(s) of Insurance 

applicable to the property that has sustained 

loss or damage. 

2. Property Subject To Value Reporting Forms 

In determining the amount, if any, that we will 

pay for loss or damage, we will deduct an 

amount equal to 1%, 2% or 5% (as shown in 

the Schedule) of the value(s) of the property 

that has sustained loss or damage. The 

value(s) to be used is the latest value(s) shown 

in the most recent Report of Values on file with 

us. 

However: 

a. If the most recent Report of Values shows 

less than the full value(s) of the property on 

the report dates, we will determine the 

deductible amount as a percentage of the 

full value(s) as of the report dates. 

b. If the first Report of Values is not filed with 

us prior to loss or damage, we will 

determine the deductible amount as a 

percentage of the applicable Limit(s) of 

Insurance. 

C. Calculation Of The Deductible – Blanket 

Insurance Other Than Builders' Risk 

1. Property Not Subject To Value Reporting 

Forms 

In determining the amount, if any, that we will 

pay for loss or damage, we will deduct an 

amount equal to 1%, 2% or 5% (as shown in 

the Schedule) of the value(s) of the property 

that has sustained loss or damage. The 

value(s) to be used is that shown in the most 

recent Statement of Values on file with us. 

2. Property Subject To Value Reporting Forms 

In determining the amount, if any, that we will 

pay for property that has sustained loss or 

damage, we will deduct an amount equal to 

1%, 2% or 5% (as shown in the Schedule) of 

the value(s) of that property as of the time of 

loss or damage. 

D. Calculation Of The Deductible – Builders' Risk 

Insurance 

1. Builders' Risk Other Than Reporting Form 

In determining the amount, if any, that we will 

pay for property that has sustained loss or 

damage, we will deduct an amount equal to 

1%, 2% or 5% (as shown in the Schedule) of 

the actual cash value(s) of that property as of 

the time of loss or damage. 

2. Builders' Risk Reporting Form 

In determining the amount, if any, that we will 

pay for loss or damage, we will deduct an 

amount equal to 1%, 2% or 5% (as shown in 

the Schedule) of the value(s) of the property 

that has sustained loss or damage. The 

value(s) to be used is the actual cash value(s) 

shown in the most recent Report of Values on 

file with us. 

However: 

a. If the most recent Report of Values shows 

less than the actual cash value(s) of the 

property on the report date, we will 

determine the deductible amount as a 

percentage of the actual cash value(s) as of 

the report date. 

b. If the first Report of Values is not filed with 

us prior to loss or damage, we will 

determine the deductible amount as a 

percentage of the actual cash value(s) of 

the property as of the time of loss or 

damage. 

Examples – Application Of Deductible 

Example 1 – Specific Insurance (B.1.) 

The amount of loss to the damaged building is 

$60,000. 

The value of the damaged building at time of loss is 

$100,000. The Coinsurance percentage shown in the 

Declarations is 80%; the minimum Limit of Insurance 

needed to meet the Coinsurance requirement is 

$80,000 (80% of $100,000). 

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The actual Limit of Insurance on the damaged 

building is $70,000. 

The Deductible is 1%. 

Step (1): $70,000  $80,000 = .875

Step (2): $60,000 x .875 = $52,500

Step (3): $70,000 x 1% = $700

Step (4): $52,500 – $700 = $51,800

The most we will pay is $51,800. The remainder of 

the loss, $8,200, is not covered due to the 

Coinsurance penalty for inadequate insurance (Steps 

(1) and (2)) and the application of the Deductible 

(Steps (3) and (4)). 

Example 2 – Specific Insurance (B.1.) 

The amounts of loss to the damaged property are 

$60,000 (Building) and $40,000 (Personal Property in 

building). 

The value of the damaged building at time of loss is 

$100,000. The value of the personal property in that 

building is $80,000. The Coinsurance percentage 

shown in the Declarations is 80%; the minimum Limits 

of Insurance needed to meet the Coinsurance 

requirement are $80,000 (80% of $100,000) for the 

building and $64,000 (80% of $80,000) for the 

personal property. 

The actual Limits of Insurance on the damaged 

property are $80,000 on the building and $64,000 on 

the personal property (therefore, no Coinsurance 

penalty). 

The Deductible is 2%. 

Building 

Step (1): $80,000 x 2% = $1,600

Step (2): $60,000 – $1,600 = $58,400

 Personal Property 

Step (1): $64,000 x 2% = $1,280

Step (2): $40,000 – $1,280 = $38,720

The most we will pay is $97,120. The portion of the 

total loss not covered due to application of the 

Deductible is $2,880. 

Example 3 – Blanket Insurance (C.1.) 

The sum of the values of Building 1 ($500,000), 

Building 2 ($500,000) and Building 3 ($1,000,000), as 

shown in the most recent Statement of Values on file 

with us, is $2,000,000. 

The Coinsurance percentage shown in the 

Declarations is 90%; the minimum Blanket Limit of 

Insurance needed to meet the Coinsurance 

requirement is $1,800,000 (90% of $2,000,000). 

The actual Blanket Limit Of Insurance covering 

Buildings 1, 2, and 3, shown in the Declarations, is 

$1,800,000 (therefore, no Coinsurance penalty). 

Buildings 1 and 2 have sustained damage; the 

amounts of loss to these buildings are $40,000 

(Building 1) and $20,000 (Building 2). 

The Deductible is 2%. 

Building 1 

Step (1): $500,000 x 2% = $10,000

Step (2): $40,000 – $10,000 = $30,000

Building 2 

Step (1): $500,000 x 2% = $10,000

Step (2): $20,000 – $10,000 = $10,000

The most we will pay is $40,000. The portion of the 

total loss not covered due to application of the 

Deductible is $20,000. 

Example 4 – Blanket Insurance (C.1.) 

The sum of the values of Building 1 ($500,000), 

Building 2 ($500,000), Personal Property at Building 1 

($250,000) and Personal Property at Building 2 

($250,000), as shown in the most recent Statement of 

Values on file with us, is $1,500,000. 

The Coinsurance percentage shown in the 

Declarations is 90%; the minimum Blanket Limit of 

Insurance needed to meet the Coinsurance 

requirement is $1,350,000 (90% of $1,500,000). 

The actual Blanket Limit Of Insurance covering 

Buildings 1 and 2 and Personal Property at Buildings 

1 and 2, shown in the Declarations, is $1,350,000. 

Therefore, there is no Coinsurance penalty. 

Building 1 and Personal Property at Building 1 have 

sustained damage; the amounts of loss are $95,000 

(Building) and $5,000 (Personal Property). 

The Deductible is 5%. 

Building 

Step (1): $500,000 x 5% = $25,000

Step (2): $95,000 – $25,000 = $70,000

Personal Property 

Step (1): $250,000 x 5% = $12,500

The loss, $5,000, does not exceed the Deductible. 

The most we will pay is $70,000. The remainder of 

the building loss, $25,000, is not covered due to 

application of the Deductible. There is no loss 

payment for the personal property. 

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COMMERCIAL PROPERTY

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CAUSES OF LOSS – SPECIAL FORM 

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

A. Covered Causes Of Loss 

When Special is shown in the Declarations, 

Covered Causes of Loss means direct physical 

loss unless the loss is excluded or limited in this 

policy. 

B. Exclusions 

1. We will not pay for loss or damage caused 

directly or indirectly by any of the following. 

Such loss or damage is excluded regardless of 

any other cause or event that contributes 

concurrently or in any sequence to the loss. 

a. Ordinance Or Law 

The enforcement of or compliance with any 

ordinance or law: 

 (1) Regulating the construction, use or 

repair of any property; or 

 (2) Requiring the tearing down of any 

property, including the cost of removing 

its debris. 

This exclusion, Ordinance Or Law, applies 

whether the loss results from: 

(a) An ordinance or law that is enforced 

even if the property has not been 

damaged; or 

(b) The increased costs incurred to 

comply with an ordinance or law in 

the course of construction, repair, 

renovation, remodeling or demolition 

of property, or removal of its debris, 

following a physical loss to that 

property. 

b. Earth Movement 

(1) Earthquake, including tremors and 

aftershocks and any earth sinking, rising 

or shifting related to such event; 

(2) Landslide, including any earth sinking, 

rising or shifting related to such event; 

(3) Mine subsidence, meaning subsidence 

of a man-made mine, whether or not 

mining activity has ceased; 

(4) Earth sinking (other than sinkhole 

collapse), rising or shifting including soil 

conditions which cause settling, 

cracking or other disarrangement of 

foundations or other parts of realty. Soil 

conditions include contraction, 

expansion, freezing, thawing, erosion, 

improperly compacted soil and the 

action of water under the ground 

surface. 

But if Earth Movement, as described in 

b.(1) through (4) above, results in fire or 

explosion, we will pay for the loss or 

damage caused by that fire or explosion. 

(5) Volcanic eruption, explosion or effusion. 

But if volcanic eruption, explosion or 

effusion results in fire, building glass 

breakage or Volcanic Action, we will pay 

for the loss or damage caused by that 

fire, building glass breakage or Volcanic 

Action. 

Volcanic Action means direct loss or 

damage resulting from the eruption of a 

volcano when the loss or damage is 

caused by: 

(a) Airborne volcanic blast or airborne 

shock waves; 

(b) Ash, dust or particulate matter; or 

(c) Lava flow. 

With respect to coverage for Volcanic 

Action as set forth in (5)(a), (5)(b) and 

(5)(c), all volcanic eruptions that occur 

within any 168-hour period will constitute 

a single occurrence. 

Volcanic Action does not include the 

cost to remove ash, dust or particulate 

matter that does not cause direct 

physical loss or damage to the 

described property. 

This exclusion applies regardless of 

whether any of the above, in Paragraphs 

(1) through (5), is caused by an act of 

nature or is otherwise caused. 

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c. Governmental Action 

Seizure or destruction of property by order 

of governmental authority. 

But we will pay for loss or damage caused 

by or resulting from acts of destruction 

ordered by governmental authority and 

taken at the time of a fire to prevent its 

spread, if the fire would be covered under 

this Coverage Part. 

d. Nuclear Hazard 

Nuclear reaction or radiation, or radioactive 

contamination, however caused. 

But if nuclear reaction or radiation, or 

radioactive contamination, results in fire, we 

will pay for the loss or damage caused by 

that fire. 

e. Utility Services 

The failure of power, communication, water 

or other utility service supplied to the 

described premises, however caused, if the 

failure: 

(1) Originates away from the described 

premises; or

(2) Originates at the described premises, 

but only if such failure involves 

equipment used to supply the utility 

service to the described premises from 

a source away from the described 

premises. 

Failure of any utility service includes lack of 

sufficient capacity and reduction in supply. 

Loss or damage caused by a surge of 

power is also excluded, if the surge would 

not have occurred but for an event causing 

a failure of power. 

But if the failure or surge of power, or the 

failure of communication, water or other 

utility service, results in a Covered Cause of 

Loss, we will pay for the loss or damage 

caused by that Covered Cause of Loss. 

Communication services include but are not 

limited to service relating to Internet access 

or access to any electronic, cellular or 

satellite network. 

f. War And Military Action 

 (1) War, including undeclared or civil war; 

 (2) Warlike action by a military force, 

including action in hindering or 

defending against an actual or expected 

attack, by any government, sovereign or 

other authority using military personnel 

or other agents; or 

 (3) Insurrection, rebellion, revolution, 

usurped power, or action taken by 

governmental authority in hindering or 

defending against any of these. 

g. Water 

(1) Flood, surface water, waves (including 

tidal wave and tsunami), tides, tidal 

water, overflow of any body of water, or 

spray from any of these, all whether or 

not driven by wind (including storm 

surge); 

(2) Mudslide or mudflow; 

(3) Water that backs up or overflows or is 

otherwise discharged from a sewer, 

drain, sump, sump pump or related 

equipment; 

(4) Water under the ground surface 

pressing on, or flowing or seeping 

through: 

(a) Foundations, walls, floors or paved 

surfaces; 

(b) Basements, whether paved or not; or 

(c) Doors, windows or other openings; 

or 

(5) Waterborne material carried or 

otherwise moved by any of the water 

referred to in Paragraph (1), (3) or (4),

or material carried or otherwise moved 

by mudslide or mudflow. 

This exclusion applies regardless of 

whether any of the above, in Paragraphs 

(1) through (5), is caused by an act of 

nature or is otherwise caused. An example 

of a situation to which this exclusion applies 

is the situation where a dam, levee, seawall 

or other boundary or containment system 

fails in whole or in part, for any reason, to 

contain the water. 

But if any of the above, in Paragraphs (1)

through (5), results in fire, explosion or 

sprinkler leakage, we will pay for the loss or 

damage caused by that fire, explosion or 

sprinkler leakage (if sprinkler leakage is a 

Covered Cause of Loss). 

h. "Fungus", Wet Rot, Dry Rot And 

Bacteria 

Presence, growth, proliferation, spread or 

any activity of "fungus", wet or dry rot or 

bacteria. 

But if "fungus", wet or dry rot or bacteria 

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

pay for the loss or damage caused by that 

"specified cause of loss". 

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This exclusion does not apply: 

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

result from fire or lightning; or 

 (2) To the extent that coverage is provided 

in the Additional Coverage, Limited 

Coverage For "Fungus", Wet Rot, Dry 

Rot And Bacteria, with respect to loss or 

damage by a cause of loss other than 

fire or lightning. 

Exclusions B.1.a. through B.1.h. apply whether 

or not the loss event results in widespread 

damage or affects a substantial area. 

2. We will not pay for loss or damage caused by 

or resulting from any of the following: 

a. Artificially generated electrical, magnetic or 

electromagnetic energy that damages, 

disturbs, disrupts or otherwise interferes 

with any: 

 (1) Electrical or electronic wire, device, 

appliance, system or network; or 

 (2) Device, appliance, system or network 

utilizing cellular or satellite technology. 

For the purpose of this exclusion, electrical, 

magnetic or electromagnetic energy 

includes but is not limited to: 

(a) Electrical current, including arcing; 

(b) Electrical charge produced or 

conducted by a magnetic or 

electromagnetic field; 

(c) Pulse of electromagnetic energy; or 

(d) Electromagnetic waves or 

microwaves. 

But if fire results, we will pay for the loss or 

damage caused by that fire. 

b. Delay, loss of use or loss of market. 

c. Smoke, vapor or gas from agricultural 

smudging or industrial operations. 

 d.(1) Wear and tear; 

 (2) Rust or other corrosion, decay, 

deterioration, hidden or latent defect or 

any quality in property that causes it to 

damage or destroy itself; 

 (3) Smog; 

 (4) Settling, cracking, shrinking or 

expansion; 

 (5) Nesting or infestation, or discharge or 

release of waste products or secretions, 

by insects, birds, rodents or other 

animals. 

 (6) Mechanical breakdown, including 

rupture or bursting caused by centrifugal 

force. But if mechanical breakdown 

results in elevator collision, we will pay 

for the loss or damage caused by that 

elevator collision. 

 (7) The following causes of loss to personal 

property: 

(a) Dampness or dryness of 

atmosphere; 

(b) Changes in or extremes of 

temperature; or 

(c) Marring or scratching. 

But if an excluded cause of loss that is 

listed in 2.d.(1) through (7) results in a 

"specified cause of loss" or building glass 

breakage, we will pay for the loss or 

damage caused by that "specified cause of 

loss" or building glass breakage. 

e. Explosion of steam boilers, steam pipes, 

steam engines or steam turbines owned or 

leased by you, or operated under your 

control. But if explosion of steam boilers, 

steam pipes, steam engines or steam 

turbines results in fire or combustion 

explosion, we will pay for the loss or 

damage caused by that fire or combustion 

explosion. We will also pay for loss or 

damage caused by or resulting from the 

explosion of gases or fuel within the furnace 

of any fired vessel or within the flues or 

passages through which the gases of 

combustion pass. 

f. Continuous or repeated seepage or 

leakage of water, or the presence or 

condensation of humidity, moisture or 

vapor, that occurs over a period of 14 days 

or more. 

g. Water, other liquids, powder or molten 

material that leaks or flows from plumbing, 

heating, air conditioning or other equipment 

(except fire protective systems) caused by 

or resulting from freezing, unless: 

 (1) You do your best to maintain heat in the 

building or structure; or 

 GOLDMARK000131

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 (2) You drain the equipment and shut off 

the supply if the heat is not maintained. 

h. Dishonest or criminal act (including theft) by 

you, any of your partners, members, 

officers, managers, employees (including 

temporary employees and leased workers), 

directors, trustees or authorized 

representatives, whether acting alone or in 

collusion with each other or with any other 

party; or theft by any person to whom you 

entrust the property for any purpose, 

whether acting alone or in collusion with 

any other party. 

This exclusion: 

 (1) Applies whether or not an act occurs 

during your normal hours of operation; 

(2) Does not apply to acts of destruction by 

your employees (including temporary 

employees and leased workers) or 

authorized representatives; but theft by 

your employees (including temporary 

employees and leased workers) or 

authorized representatives is not 

covered. 

i. Voluntary parting with any property by you 

or anyone else to whom you have entrusted 

the property if induced to do so by any 

fraudulent scheme, trick, device or false 

pretense. 

j. Rain, snow, ice or sleet to personal 

property in the open. 

k. Collapse, including any of the following 

conditions of property or any part of the 

property: 

(1) An abrupt falling down or caving in; 

(2) Loss of structural integrity, including 

separation of parts of the property or 

property in danger of falling down or 

caving in; or

(3) Any cracking, bulging, sagging, bending, 

leaning, settling, shrinkage or expansion 

as such condition relates to (1) or (2) 

above.

But if collapse results in a Covered Cause 

of Loss at the described premises, we will 

pay for the loss or damage caused by that 

Covered Cause of Loss. 

This exclusion, k., does not apply: 

(a) To the extent that coverage is 

provided under the Additional 

Coverage, Collapse; or 

(b) To collapse caused by one or more 

of the following: 

(i) The "specified causes of loss"; 

(ii) Breakage of building glass; 

(iii) Weight of rain that collects on a 

roof; or

(iv) Weight of people or personal 

property. 

l. Discharge, dispersal, seepage, migration, 

release or escape of "pollutants" unless the 

discharge, dispersal, seepage, migration, 

release or escape is itself caused by any of 

the "specified causes of loss". But if the 

discharge, dispersal, seepage, migration, 

release or escape of "pollutants" results in a 

"specified cause of loss", we will pay for the 

loss or damage caused by that "specified 

cause of loss". 

This exclusion, I., does not apply to 

damage to glass caused by chemicals 

applied to the glass. 

m. Neglect of an insured to use all reasonable 

means to save and preserve property from 

further damage at and after the time of loss. 

3. We will not pay for loss or damage caused by 

or resulting from any of the following, 3.a.

through 3.c. But if an excluded cause of loss 

that is listed in 3.a. through 3.c. results in a 

Covered Cause of Loss, we will pay for the 

loss or damage caused by that Covered Cause 

of Loss. 

a. Weather conditions. But this exclusion only 

applies if weather conditions contribute in 

any way with a cause or event excluded in 

Paragraph 1. above to produce the loss or 

damage. 

b. Acts or decisions, including the failure to act 

or decide, of any person, group, 

organization or governmental body. 

c. Faulty, inadequate or defective: 

 (1) Planning, zoning, development, 

surveying, siting; 

 (2) Design, specifications, workmanship, 

repair, construction, renovation, 

remodeling, grading, compaction; 

 (3) Materials used in repair, construction, 

renovation or remodeling; or 

 (4) Maintenance; 

of part or all of any property on or off the 

described premises. 

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4. Special Exclusions 

The following provisions apply only to the 

specified Coverage Forms: 

a. Business Income (And Extra Expense) 

Coverage Form, Business Income 

(Without Extra Expense) Coverage Form, 

Or Extra Expense Coverage Form

We will not pay for: 

 (1) Any loss caused by or resulting from: 

(a) Damage or destruction of "finished 

stock"; or 

(b) The time required to reproduce 

"finished stock". 

This exclusion does not apply to Extra 

Expense. 

(2) Any loss caused by or resulting from 

direct physical loss or damage to radio 

or television antennas (including satellite 

dishes) and their lead-in wiring, masts or 

towers. 

 (3) Any increase of loss caused by or 

resulting from: 

(a) Delay in rebuilding, repairing or 

replacing the property or resuming 

"operations", due to interference at 

the location of the rebuilding, repair 

or replacement by strikers or other 

persons; or 

(b) Suspension, lapse or cancellation of 

any license, lease or contract. But if 

the suspension, lapse or cancellation 

is directly caused by the 

"suspension" of "operations", we will 

cover such loss that affects your 

Business Income during the "period 

of restoration" and any extension of 

the "period of restoration" in 

accordance with the terms of the 

Extended Business Income 

Additional Coverage and the 

Extended Period Of Indemnity 

Optional Coverage or any variation 

of these. 

 (4) Any Extra Expense caused by or 

resulting from suspension, lapse or 

cancellation of any license, lease or 

contract beyond the "period of 

restoration". 

 (5) Any other consequential loss. 

b. Leasehold Interest Coverage Form 

 (1) Paragraph B.1.a., Ordinance Or Law, 

does not apply to insurance under this 

Coverage Form. 

 (2) We will not pay for any loss caused by: 

(a) Your cancelling the lease; 

(b) The suspension, lapse or 

cancellation of any license; or 

(c) Any other consequential loss. 

c. Legal Liability Coverage Form 

 (1) The following exclusions do not apply to 

insurance under this Coverage Form: 

(a) Paragraph B.1.a. Ordinance Or Law; 

(b) Paragraph B.1.c. Governmental 

Action; 

(c) Paragraph B.1.d. Nuclear Hazard; 

(d) Paragraph B.1.e. Utility Services; 

and 

(e) Paragraph B.1.f. War And Military 

Action. 

(2) The following additional exclusions 

apply to insurance under this Coverage 

Form: 

(a) Contractual Liability 

We will not defend any claim or 

"suit", or pay damages that you are 

legally liable to pay, solely by reason 

of your assumption of liability in a 

contract or agreement. But this 

exclusion does not apply to a written 

lease agreement in which you have 

assumed liability for building damage 

resulting from an actual or attempted 

burglary or robbery, provided that: 

(i) Your assumption of liability was 

executed prior to the accident; 

and 

(ii) The building is Covered Property 

under this Coverage Form. 

(b) Nuclear Hazard 

We will not defend any claim or 

"suit", or pay any damages, loss, 

expense or obligation, resulting from 

nuclear reaction or radiation, or 

radioactive contamination, however 

caused. 

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 5. Additional Exclusion 

The following provisions apply only to the 

specified property: 

Loss Or Damage To Products 

We will not pay for loss or damage to any 

merchandise, goods or other product caused 

by or resulting from error or omission by any 

person or entity (including those having 

possession under an arrangement where work 

or a portion of the work is outsourced) in any 

stage of the development, production or use of 

the product, including planning, testing, 

processing, packaging, installation, 

maintenance or repair. This exclusion applies 

to any effect that compromises the form, 

substance or quality of the product. But if such 

error or omission results in a Covered Cause of 

Loss, we will pay for the loss or damage 

caused by that Covered Cause of Loss. 

C. Limitations 

The following limitations apply to all policy forms 

and endorsements, unless otherwise stated: 

1. We will not pay for loss of or damage to 

property, as described and limited in this 

section. In addition, we will not pay for any loss 

that is a consequence of loss or damage as 

described and limited in this section. 

a. Steam boilers, steam pipes, steam engines 

or steam turbines caused by or resulting 

from any condition or event inside such 

equipment. But we will pay for loss of or 

damage to such equipment caused by or 

resulting from an explosion of gases or fuel 

within the furnace of any fired vessel or 

within the flues or passages through which 

the gases of combustion pass. 

b. Hot water boilers or other water heating 

equipment caused by or resulting from any 

condition or event inside such boilers or 

equipment, other than an explosion. 

c. The interior of any building or structure, or 

to personal property in the building or 

structure, caused by or resulting from rain, 

snow, sleet, ice, sand or dust, whether 

driven by wind or not, unless: 

 (1) The building or structure first sustains 

damage by a Covered Cause of Loss to 

its roof or walls through which the rain, 

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

 (2) The loss or damage is caused by or 

results from thawing of snow, sleet or 

ice on the building or structure. 

d. Building materials and supplies not 

attached as part of the building or structure, 

caused by or resulting from theft. 

However, this limitation does not apply to: 

 (1) Building materials and supplies held for 

sale by you, unless they are insured 

under the Builders Risk Coverage Form; 

or 

(2) Business Income Coverage or Extra 

Expense Coverage. 

e. Property that is missing, where the only 

evidence of the loss or damage is a 

shortage disclosed on taking inventory, or 

other instances where there is no physical 

evidence to show what happened to the 

property. 

f. Property that has been transferred to a 

person or to a place outside the described 

premises on the basis of unauthorized 

instructions. 

 g. Lawns, trees, shrubs or plants which are 

part of a vegetated roof, caused by or 

resulting from: 

 (1) Dampness or dryness of atmosphere or 

of soil supporting the vegetation;

 (2) Changes in or extremes of temperature;

 (3) Disease;

 (4) Frost or hail; or 

 (5) Rain, snow, ice or sleet.

2. We will not pay for loss of or damage to the 

following types of property unless caused by 

the "specified causes of loss" or building glass 

breakage: 

a. Animals, and then only if they are killed or 

their destruction is made necessary. 

b. Fragile articles such as statuary, marbles, 

chinaware and porcelains, if broken. This 

restriction does not apply to: 

 (1) Glass; or 

 (2) Containers of property held for sale. 

c. Builders' machinery, tools and equipment 

owned by you or entrusted to you, provided 

such property is Covered Property. 

However, this limitation does not apply: 

 (1) If the property is located on or within 

100 feet of the described premises, 

unless the premises is insured under the 

Builders Risk Coverage Form; or 

 (2) To Business Income Coverage or to 

Extra Expense Coverage. 

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3. The special limit shown for each category, a.

through d., is the total limit for loss of or 

damage to all property in that category. The 

special limit applies to any one occurrence of 

theft, regardless of the types or number of 

articles that are lost or damaged in that 

occurrence. The special limits are (unless a 

higher limit is shown in the Declarations): 

a. $2,500 for furs, fur garments and garments 

trimmed with fur. 

b. $2,500 for jewelry, watches, watch 

movements, jewels, pearls, precious and 

semiprecious stones, bullion, gold, silver, 

platinum and other precious alloys or 

metals. This limit does not apply to jewelry 

and watches worth $100 or less per item. 

c. $2,500 for patterns, dies, molds and forms. 

d. $250 for stamps, tickets, including lottery 

tickets held for sale, and letters of credit. 

These special limits are part of, not in addition 

to, the Limit of Insurance applicable to the 

Covered Property. 

This limitation, C.3., does not apply to 

Business Income Coverage or to Extra 

Expense Coverage. 

4. We will not pay the cost to repair any defect to 

a system or appliance from which water, other 

liquid, powder or molten material escapes. But 

we will pay the cost to repair or replace 

damaged parts of fire-extinguishing equipment 

if the damage: 

a. Results in discharge of any substance from 

an automatic fire protection system; or 

b. Is directly caused by freezing. 

However, this limitation does not apply to 

Business Income Coverage or to Extra 

Expense Coverage. 

D. Additional Coverage – Collapse 

The coverage provided under this Additional 

Coverage, Collapse, applies only to an abrupt 

collapse as described and limited in D.1. through 

D.7. 

1. For the purpose of this Additional Coverage, 

Collapse, abrupt collapse means an abrupt 

falling down or caving in of a building or any 

part of a building with the result that the 

building or part of the building cannot be 

occupied for its intended purpose. 

2. We will pay for direct physical loss or damage 

to Covered Property, caused by abrupt 

collapse of a building or any part of a building 

that is insured under this Coverage Form or 

that contains Covered Property insured under 

this Coverage Form, if such collapse is caused 

by one or more of the following: 

a. Building decay that is hidden from view, 

unless the presence of such decay is 

known to an insured prior to collapse; 

b. Insect or vermin damage that is hidden 

from view, unless the presence of such 

damage is known to an insured prior to 

collapse; 

 c. Use of defective material or methods in 

construction, remodeling or renovation if the 

abrupt collapse occurs during the course of 

the construction, remodeling or renovation. 

d. Use of defective material or methods in 

construction, remodeling or renovation if the 

abrupt collapse occurs after the 

construction, remodeling or renovation is 

complete, but only if the collapse is caused 

in part by: 

 (1) A cause of loss listed in 2.a. or 2.b.; 

 (2) One or more of the "specified causes of 

loss"; 

 (3) Breakage of building glass; 

 (4) Weight of people or personal property; 

or

 (5) Weight of rain that collects on a roof. 

3. This Additional Coverage – Collapse does 

not apply to: 

a. A building or any part of a building that is in 

danger of falling down or caving in; 

b. A part of a building that is standing, even if 

it has separated from another part of the 

building; or 

c. A building that is standing or any part of a 

building that is standing, even if it shows 

evidence of cracking, bulging, sagging, 

bending, leaning, settling, shrinkage or 

expansion. 

 4. With respect to the following property: 

a. Outdoor radio or television antennas 

(including satellite dishes) and their lead-in 

wiring, masts or towers; 

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b. Awnings, gutters and downspouts; 

c. Yard fixtures; 

d. Outdoor swimming pools; 

e. Fences; 

f. Piers, wharves and docks; 

g. Beach or diving platforms or 

appurtenances; 

h. Retaining walls; and 

i. Walks, roadways and other paved surfaces; 

if an abrupt collapse is caused by a cause of 

loss listed in 2.a. through 2.d., we will pay for 

loss or damage to that property only if: 

 (1) Such loss or damage is a direct result of 

the abrupt collapse of a building insured 

under this Coverage Form; and 

 (2) The property is Covered Property under 

this Coverage Form. 

 5. If personal property abruptly falls down or 

caves in and such collapse is not the result of 

abrupt collapse of a building, we will pay for 

loss or damage to Covered Property caused by 

such collapse of personal property only if: 

a. The collapse of personal property was 

caused by a cause of loss listed in 2.a.

through 2.d.;

b. The personal property which collapses is 

inside a building; and 

c. The property which collapses is not of a 

kind listed in 4., regardless of whether that 

kind of property is considered to be 

personal property or real property. 

The coverage stated in this Paragraph 5. does 

not apply to personal property if marring and/or 

scratching is the only damage to that personal 

property caused by the collapse. 

6. This Additional Coverage, Collapse, does not 

apply to personal property that has not abruptly 

fallen down or caved in, even if the personal 

property shows evidence of cracking, bulging, 

sagging, bending, leaning, settling, shrinkage 

or expansion. 

 7. This Additional Coverage, Collapse, will not 

increase the Limits of Insurance provided in 

this Coverage Part. 

8. The term Covered Cause of Loss includes the 

Additional Coverage, Collapse, as described 

and limited in D.1. through D.7.

E. Additional Coverage – Limited Coverage For 

"Fungus", Wet Rot, Dry Rot And Bacteria 

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

applies when the "fungus", wet or dry rot or 

bacteria are the result of one or more of the 

following causes that occur during the policy 

period and only if all reasonable means were 

used to save and preserve the property from 

further damage at the time of and after that 

occurrence: 

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

lightning; or 

b. Flood, if the Flood Coverage Endorsement 

applies to the affected premises. 

This Additional Coverage does not apply to 

lawns, trees, shrubs or plants which are part of 

a vegetated roof. 

2. We will pay for loss or damage by "fungus", 

wet or dry rot or bacteria. As used in this 

Limited Coverage, the term loss or damage 

means: 

a. Direct physical loss or damage to Covered 

Property caused by "fungus", wet or dry rot 

or bacteria, including the cost of removal of 

the "fungus", wet or dry rot or bacteria; 

b. The cost to tear out and replace any part of 

the building or other property as needed to 

gain access to the "fungus", wet or dry rot 

or bacteria; and 

c. The cost of testing performed after removal, 

repair, replacement or restoration of the 

damaged property is completed, provided 

there is a reason to believe that "fungus", 

wet or dry rot or bacteria are present. 

3. The coverage described under E.2. of this 

Limited Coverage is limited to $15,000. 

Regardless of the number of claims, this limit is 

the most we will pay for the total of all loss or 

damage arising out of all occurrences of 

"specified causes of loss" (other than fire or 

lightning) and Flood which take place in a 12-

month period (starting with the beginning of the 

present annual policy period). With respect to a 

particular occurrence of loss which results in 

"fungus", wet or dry rot or bacteria, we will not 

pay more than a total of $15,000 even if the 

"fungus", wet or dry rot or bacteria continue to 

be present or active, or recur, in a later policy 

period. 

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4. The coverage provided under this Limited 

Coverage does not increase the applicable 

Limit of Insurance on any Covered Property. If 

a particular occurrence results in loss or 

damage by "fungus", wet or dry rot or bacteria, 

and other loss or damage, we will not pay 

more, for the total of all loss or damage, than 

the applicable Limit of Insurance on the 

affected Covered Property. 

If there is covered loss or damage to Covered 

Property, not caused by "fungus", wet or dry rot 

or bacteria, loss payment will not be limited by 

the terms of this Limited Coverage, except to 

the extent that "fungus", wet or dry rot or 

bacteria cause an increase in the loss. Any 

such increase in the loss will be subject to the 

terms of this Limited Coverage. 

5. The terms of this Limited Coverage do not 

increase or reduce the coverage provided 

under Paragraph F.2. (Water Damage, Other 

Liquids, Powder Or Molten Material Damage) 

of this Causes Of Loss form or under the 

Additional Coverage, Collapse. 

6. The following, 6.a. or 6.b., applies only if 

Business Income and/or Extra Expense 

Coverage applies to the described premises 

and only if the "suspension" of "operations" 

satisfies all terms and conditions of the 

applicable Business Income and/or Extra 

Expense Coverage Form: 

a. If the loss which resulted in "fungus", wet or 

dry rot or bacteria does not in itself 

necessitate a "suspension" of "operations", 

but such "suspension" is necessary due to 

loss or damage to property caused by 

"fungus", wet or dry rot or bacteria, then our 

payment under Business Income and/or 

Extra Expense is limited to the amount of 

loss and/or expense sustained in a period 

of not more than 30 days. The days need 

not be consecutive. 

b. If a covered "suspension" of "operations" 

was caused by loss or damage other than 

"fungus", wet or dry rot or bacteria but 

remediation of "fungus", wet or dry rot or 

bacteria prolongs the "period of restoration", 

we will pay for loss and/or expense 

sustained during the delay (regardless of 

when such a delay occurs during the 

"period of restoration"), but such coverage 

is limited to 30 days. The days need not be 

consecutive. 

F. Additional Coverage Extensions 

1. Property In Transit

This Extension applies only to your personal 

property to which this form applies. 

a. You may extend the insurance provided by 

this Coverage Part to apply to your 

personal property (other than property in 

the care, custody or control of your 

salespersons) in transit more than 100 feet 

from the described premises. Property must 

be in or on a motor vehicle you own, lease 

or operate while between points in the 

coverage territory. 

b. Loss or damage must be caused by or 

result from one of the following causes of 

loss: 

 (1) Fire, lightning, explosion, windstorm or 

hail, riot or civil commotion, or 

vandalism. 

 (2) Vehicle collision, upset or overturn. 

Collision means accidental contact of 

your vehicle with another vehicle or 

object. It does not mean your vehicle's 

contact with the roadbed. 

 (3) Theft of an entire bale, case or package 

by forced entry into a securely locked 

body or compartment of the vehicle. 

There must be visible marks of the 

forced entry. 

c. The most we will pay for loss or damage 

under this Extension is $5,000. 

This Coverage Extension is additional 

insurance. The Additional Condition, 

Coinsurance, does not apply to this Extension. 

2. Water Damage, Other Liquids, Powder Or 

Molten Material Damage 

If loss or damage caused by or resulting from 

covered water or other liquid, powder or molten 

material damage loss occurs, we will also pay 

the cost to tear out and replace any part of the 

building or structure to repair damage to the 

system or appliance from which the water or 

other substance escapes. This Coverage 

Extension does not increase the Limit of 

Insurance. 

3. Glass 

a. We will pay for expenses incurred to put up 

temporary plates or board up openings if 

repair or replacement of damaged glass is 

delayed. 

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b. We will pay for expenses incurred to 

remove or replace obstructions when 

repairing or replacing glass that is part of a 

building. This does not include removing or 

replacing window displays. 

This Coverage Extension F.3. does not 

increase the Limit of Insurance. 

G. Definitions 

1. "Fungus" means any type or form of fungus, 

including mold or mildew, and any mycotoxins, 

spores, scents or by-products produced or 

released by fungi. 

2. "Specified causes of loss" means the following: 

fire; lightning; explosion; windstorm or hail; 

smoke; aircraft or vehicles; riot or civil 

commotion; vandalism; leakage from fireextinguishing equipment; sinkhole collapse; 

volcanic action; falling objects; weight of snow, 

ice or sleet; water damage. 

a. Sinkhole collapse means the sudden 

sinking or collapse of land into underground 

empty spaces created by the action of 

water on limestone or dolomite. This cause 

of loss does not include: 

 (1) The cost of filling sinkholes; or 

 (2) Sinking or collapse of land into manmade underground cavities. 

b. Falling objects does not include loss or 

damage to: 

 (1) Personal property in the open; or

 (2) The interior of a building or structure, or 

property inside a building or structure, 

unless the roof or an outside wall of the 

building or structure is first damaged by 

a falling object. 

c. Water damage means: 

 (1) Accidental discharge or leakage of 

water or steam as the direct result of the 

breaking apart or cracking of a 

plumbing, heating, air conditioning or 

other system or appliance (other than a 

sump system including its related 

equipment and parts), that is located on 

the described premises and contains 

water or steam; and

 (2) Accidental discharge or leakage of 

water or waterborne material as the 

direct result of the breaking apart or 

cracking of a water or sewer pipe that is 

located off the described premises and 

is part of a municipal potable water 

supply system or municipal sanitary 

sewer system, if the breakage or 

cracking is caused by wear and tear. 

But water damage does not include loss or 

damage otherwise excluded under the 

terms of the Water Exclusion. Therefore, for 

example, there is no coverage under this 

policy in the situation in which discharge or 

leakage of water results from the breaking 

apart or cracking of a pipe which was 

caused by or related to weather-induced 

flooding, even if wear and tear 

contributed to the breakage or cracking. As 

another example, and also in accordance 

with the terms of the Water Exclusion, there 

is no coverage for loss or damage caused 

by or related to weather-induced flooding 

which follows or is exacerbated by pipe 

breakage or cracking attributable to wear 

and tear. 

To the extent that accidental discharge or 

leakage of water falls within the criteria set 

forth in c.(1) or c.(2) of this definition of 

"specified causes of loss," such water is not 

subject to the provisions of the Water 

Exclusion which preclude coverage for 

surface water or water under the surface of 

the ground. 

 GOLDMARK000138

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POLICY NUMBER: AES1203881 00 COMMERCIAL PROPERTY

CP 14 40 06 07

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. 

CP 14 40 06 07 © ISO Properties, Inc., 2006 Page 1 of 2 

OUTDOOR SIGNS 

This endorsement modifies insurance provided under the following: 

BUILDING AND PERSONAL PROPERTY COVERAGE FORM 

CONDOMINIUM ASSOCIATION COVERAGE FORM 

CONDOMINIUM COMMERCIAL UNIT-OWNERS COVERAGE FORM 

STANDARD PROPERTY POLICY 

SCHEDULE 

Premises Number: 1 Building Number: 1

Description Of Sign: Billboards/Signs/Entirely Metal

Construction Of Sign: Entirely Metal Other

Limit Of Insurance: $ 10,000

Coinsurance Percentage: 80%

Additional Premium: $ 400

Premises Number: Building Number:

Description Of Sign:

Construction Of Sign: Entirely Metal Other

Limit Of Insurance: $

Coinsurance Percentage:

Additional Premium: $

 GOLDMARK000139

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Page 2 of 2 © ISO Properties, Inc., 2006 CP 14 40 06 07 

Premises Number: Building Number:

Description Of Sign:

Construction Of Sign: Entirely Metal Other

Limit Of Insurance: $

Coinsurance Percentage:

Additional Premium: $

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

With respect to the outdoor signs described in the 

Schedule, the provision in the Limits Of Insurance 

section which pertains to signs does not apply. The 

limit applicable to each sign is shown in the Schedule. 

The limit applicable to each sign is the most we will 

pay for loss or damage to the sign in any one occurrence. 

 GOLDMARK000140

Case 3:22-cv-02118-X Document 320-5 Filed 09/28/23 Page 141 of 189 PageID 10972
IL 00 03 09 08

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. 

IL 00 03 09 08 © ISO Properties, Inc., 2007 Page 1 of 1 

CALCULATION OF PREMIUM

This endorsement modifies insurance provided under the following: 

CAPITAL ASSETS PROGRAM (OUTPUT POLICY) COVERAGE PART 

COMMERCIAL AUTOMOBILE COVERAGE PART 

COMMERCIAL GENERAL LIABILITY COVERAGE PART 

COMMERCIAL INLAND MARINE COVERAGE PART 

COMMERCIAL PROPERTY COVERAGE PART 

CRIME AND FIDELITY COVERAGE PART 

EMPLOYMENT-RELATED PRACTICES LIABILITY COVERAGE PART 

EQUIPMENT BREAKDOWN COVERAGE PART 

FARM COVERAGE PART 

LIQUOR LIABILITY COVERAGE PART 

MEDICAL PROFESSIONAL LIABILITY COVERAGE PART 

OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART 

POLLUTION LIABILITY COVERAGE PART 

PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART 

RAILROAD PROTECTIVE LIABILITY COVERAGE PART 

The following is added: 

The premium shown in the Declarations was computed based on rates in effect at the time the policy was 

issued. On each renewal, continuation, or anniversary 

of the effective date of this policy, we will compute the 

premium in accordance with our rates and rules then 

in effect. 

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IL 00 17 11 98

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

COMMON POLICY CONDITIONS

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

A. Cancellation 

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

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

cancellation at least: 

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

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

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

Named Insured's last mailing address known to 

us. 

4. Notice of cancellation will state the effective 

date of cancellation. The policy period will end 

on that date. 

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

Named Insured any premium refund due. If we 

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

Named Insured cancels, the refund may be 

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

refund. 

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

B. Changes 

This policy contains all the agreements between 

you and us concerning the insurance afforded. 

The first Named Insured shown in the Declarations 

is authorized to make changes in the terms of this 

policy with our consent. This policy's terms can be 

amended or waived only by endorsement issued 

by us and made a part of this policy. 

C. Examination Of Your Books And Records 

We may examine and audit your books and 

records as they relate to this policy at any time during the policy period and up to three years afterward. 

D. Inspections And Surveys 

1. We have the right to: 

a. Make inspections and surveys at any time; 

b. Give you reports on the conditions we find; 

and 

c. Recommend changes. 

2. We are not obligated to make any inspections, 

surveys, reports or recommendations and any 

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

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

organization to provide for the health or safety 

of workers or the public. And we do not warrant 

that conditions: 

a. Are safe or healthful; or 

b. Comply with laws, regulations, codes or 

standards. 

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

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

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

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

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

E. Premiums 

The first Named Insured shown in the Declarations: 

1. Is responsible for the payment of all premiums; 

and 

2. Will be the payee for any return premiums we 

pay. 

F. Transfer Of Your Rights And Duties Under This 

Policy 

Your rights and duties under this policy may not be 

transferred without our written consent except in 

the case of death of an individual named insured. 

If you die, your rights and duties will be transferred 

to your legal representative but only while acting 

within the scope of duties as your legal representative. Until your legal representative is appointed, 

anyone having proper temporary custody of your 

property will have your rights and duties but only 

with respect to that property. 

 GOLDMARK000143

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IL 01 68 09 08

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. 

IL 01 68 09 08 © ISO Properties, Inc., 2007 Page 1 of 1 

TEXAS CHANGES – DUTIES 

This endorsement modifies insurance provided under the following: 

COMMERCIAL GENERAL LIABILITY COVERAGE PART 

EMPLOYMENT-RELATED PRACTICES LIABILITY COVERAGE PART 

FARM COVERAGE PART 

LIQUOR LIABILITY COVERAGE PART 

MEDICAL PROFESSIONAL LIABILITY COVERAGE PART 

OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART 

POLLUTION LIABILITY COVERAGE PART 

PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART 

RAILROAD PROTECTIVE LIABILITY COVERAGE PART 

The following is added to the Duties Condition. 

We will notify the first Named Insured in writing of: 

1. An initial offer to compromise or settle a claim 

made or "suit" brought against any insured under this coverage. The notice will be given not 

later than the 10th day after the date on which 

the offer is made. 

2. Any settlement of a claim made or "suit" 

brought against the insured under this coverage. The notice will be given not later than the 

30th day after the date of the settlement. 

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 GOLDMARK000146

Case 3:22-cv-02118-X Document 320-5 Filed 09/28/23 Page 147 of 189 PageID 10978
POLICY NUMBER: IL 09 53 01 15

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. 

IL 09 53 01 15 © Insurance Services Office, Inc., 2015 Page 1 of 2

EXCLUSION OF CERTIFIED ACTS OF TERRORISM 

This endorsement modifies insurance provided under the following: 

BOILER AND MACHINERY COVERAGE PART 

COMMERCIAL INLAND MARINE COVERAGE PART 

COMMERCIAL PROPERTY COVERAGE PART 

CRIME AND FIDELITY COVERAGE PART 

EQUIPMENT BREAKDOWN COVERAGE PART 

FARM COVERAGE PART 

STANDARD PROPERTY POLICY 

SCHEDULE 

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

if covered under the indicated Coverage Form, Coverage Part or Policy: 

State(s) Coverage Form, Coverage Part Or Policy 

 

 

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

A. The following definition is added with respect to 

the provisions of this endorsement: 

"Certified act of terrorism" means an act that is 

certified by the Secretary of the Treasury, in 

accordance with the provisions of the federal 

Terrorism Risk Insurance Act, to be an act of 

terrorism pursuant to such Act. The criteria 

contained in the Terrorism Risk Insurance Act for 

a "certified act of terrorism" include the following: 

 1. The act resulted in insured losses in excess of 

$5 million in the aggregate, attributable to all 

types of insurance subject to the Terrorism 

Risk Insurance Act; and 

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

dangerous to human life, property or 

infrastructure and is committed by an individual 

or individuals as part 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. 

B. The following exclusion is added: 

CERTIFIED ACT OF TERRORISM EXCLUSION 

We will not pay for loss or damage caused directly 

or indirectly by a "certified act of terrorism". Such 

loss or damage is excluded regardless of any 

other cause or event that contributes concurrently 

or in any sequence to the loss. 

C. Exception Covering Certain Fire Losses 

The following exception to the exclusion in 

Paragraph B. applies only if indicated and as 

indicated in the Schedule of this endorsement. 

If a "certified act of terrorism" results in fire, we will 

pay for the loss or damage caused by that fire. 

Such coverage for fire applies only to direct loss or 

damage by fire to Covered Property. Therefore, for 

example, the coverage does not apply to 

insurance provided under Business Income and/or 

Extra Expense coverage forms or endorsements 

which apply to those forms, or to the Legal Liability 

Coverage Form or the Leasehold Interest 

Coverage Form. 

AES1203881 00

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Page 2 of 2 © Insurance Services Office, Inc., 2015 IL 09 53 01 15

If aggregate insured losses attributable to terrorist 

acts certified under the Terrorism Risk Insurance 

Act exceed $100 billion in a calendar year and we 

have met our insurer deductible under the 

Terrorism Risk Insurance Act, we shall not be 

liable for the payment 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. 

D. Application Of Other Exclusions 

The terms and limitations of any terrorism 

exclusion, or the inapplicability or omission of a 

terrorism exclusion, do not serve to create 

coverage for any loss which would otherwise be 

excluded under this Coverage Part or Policy, such 

as losses excluded by the Nuclear Hazard 

Exclusion or the War And Military Action 

Exclusion. 

 GOLDMARK000148

Case 3:22-cv-02118-X Document 320-5 Filed 09/28/23 Page 149 of 189 PageID 10980
POLICY NUMBER:

IL 09 85 01 15

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. 

IL 09 85 01 15 © Insurance Services Office, Inc., 2015 Page 1 of 2

DISCLOSURE PURSUANT TO TERRORISM RISK

INSURANCE ACT

SCHEDULE

SCHEDULE – PART I

Terrorism Premium (Certified Acts) $

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

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

Additional information, if any, concerning the terrorism premium:

SCHEDULE – PART II

Federal share of terrorism losses % Year: 20 

(Refer to Paragraph B. in this endorsement.)

Federal share of terrorism losses % Year: 20 

(Refer to Paragraph B. in this endorsement.)

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.

AES1203881 00 Certified Acts Not Covered

Certified Acts Not Covered

Certified Acts Not Covered

80 20 80 21

 GOLDMARK000149

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Page 2 of 2 © Insurance Services Office, Inc., 2015 IL 09 85 01 15

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 a percentage (as shown in Part II of 

the Schedule of this endorsement or in the policy 

Declarations) 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 calendar year, 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 calendar year 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. 

 GOLDMARK000150

Case 3:22-cv-02118-X Document 320-5 Filed 09/28/23 Page 151 of 189 PageID 10982
POLICY NUMBER: AES1203881 00 COMMERCIAL GENERAL LIABILITY

NX GL 004 08 09

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. 

NX GL 004 08 09 Page 1 of 1

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

AMENDMENT - COMMON POLICY CONDITIONS 

This endorsement modifies insurance provided under the following: 

COMMON POLICY CONDITIONS 

The following is added: 

G. Other Insurance With This Company 

If this policy contains two or more Coverage Parts providing coverage for the same "occurrence," 

“injury,” or offense, the maximum Limit of Insurance under all Coverage Parts shall not exceed the 

highest Limit of Insurance under any one Coverage Part. 

If this policy and any other policy issued to you by us apply to the same "occurrence," "injury," or 

offense, the maximum Limit of Insurance under all of the policies shall not exceed the highest 

Limit of Insurance under any one policy. This condition does not apply to any policy issued by us 

which specifically provides that the policy is to apply as excess insurance over this policy. 

 GOLDMARK000151

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 GOLDMARK000152

Case 3:22-cv-02118-X Document 320-5 Filed 09/28/23 Page 153 of 189 PageID 10984
 POLICY NUMBER: COMMERCIAL GENERAL LIABILITY

NX GL 005 04 20

POLICYHOLDER’S GUIDE TO REPORTING A CASUALTY CLAIM

A. As soon as you are aware of an event that will give rise to a claim being made against you (3rd Party

Liability Claims), please be sure to quickly report the matter to AmTrust North America. Be sure to

include your policy number and the name of the insured as it is stated on the policy.

B. New claims can be reported to AmTrust North America as follows:

1. By Mail: AmTrust North America

P.O. Box 650767

Dallas, TX 75265-0767

2. By Electronic Mail: anaclaimsreporting@amtrustgroup.com

3. By Telephone: (866) 272-9267

4. By Fax: (877) 207-3961

NX GL 005 04 20 AmTrust E&S Insurance Services, Inc. Page 1 of 1

AES1203881 00

 GOLDMARK000153

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Case 3:22-cv-02118-X Document 320-5 Filed 09/28/23 Page 155 of 189 PageID 10986
POLICY NUMBER: AES1203881 00 COMMERCIAL GENERAL LIABILITY

NX GL 007 08 09

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. 

NX GL 007 08 09 Page 1 of 1

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

MINIMUM RETAINED AUDIT PREMIUM 

This endorsement modifies insurance provided under the following: 

COMMERCIAL GENERAL LIABILITY COVERAGE PART 

PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART 

Paragraph 5.b. of SECTION IV, COMMERCIAL GENERAL LIABILITY CONDITIONS, is replaced by the 

following: 

5. Premium Audit 

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. Audit premiums are due and 

payable upon notice to the First Named Insured. Premium Audit adjustments will be made to determine 

additional premiums only. You agree that there will be no downward adjustment of the Minimum 

Retained Audit Premium resulting from the Premium Audit provision of this policy. 

 GOLDMARK000155

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Case 3:22-cv-02118-X Document 320-5 Filed 09/28/23 Page 157 of 189 PageID 10988
POLICY NUMBER: AES1203881 00 COMMERCIAL GENERAL LIABILITY

NX GL 008 08 09

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. 

NX GL 008 08 09 Page 1 of 1

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

MINIMUM RETAINED PREMIUM 

This endorsement modifies insurance provided under the following: 

COMMON POLICY CONDITIONS 

Paragraph 5. of A. Cancellation is replaced by the following: 

5. If this policy is cancelled, we will send the first Named Insured any premium refund due . 

If we cancel, the refund will be pro rata. If the first Named Insured cancels, earned premium 

will be computed according to the customary short rate table and procedure, subject to a 

Minimum Retained Premium of . The cancellation will be effective even if we have not 

made or offered a refund. 

 GOLDMARK000157

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Case 3:22-cv-02118-X Document 320-5 Filed 09/28/23 Page 159 of 189 PageID 10990
POLICY NUMBER: AES1203881 00 COMMERCIAL GENERAL LIABILITY

NX GL 020 08 09

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. 

NX GL 020 08 09 Page 1 of 1

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

EXCLUSION – ELECTROMAGNETIC FIELDS (EMF'S) 

This endorsement modifies insurance provided under the following: 

COMMERCIAL GENERAL LIABILITY COVERAGE PART 

A. The following Exclusion is added to SECTION I – COVERAGES, paragraph 2. Exclusions of 

COVERAGE A – BODILY INJURY AND PROPERTY DAMAGE LIABILITY: 

2. Exclusions 

 This insurance does not apply to: 

Electromagnetic Fields (EMF’S)

Any “bodily injury” or “property damage,” or any other loss, cost (including defense costs) or expense 

arising out of exposure to an “electromagnetic field” in any form, including but not limited to liability for 

the installation, operations, repair, sale or manufacture or distribution of any kind of equipment or 

products producing or in any way involving the effects of an “electromagnetic field.”

B. The following is added to SECTION V – DEFINITIONS: 

"Electromagnetic field" means electric and magnetic fields generated by varying electrical current 

through any medium including but not limited to wires whether or not intended for the purpose of 

conducting electricity.

 GOLDMARK000159

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Case 3:22-cv-02118-X Document 320-5 Filed 09/28/23 Page 161 of 189 PageID 10992
POLICY NUMBER: AES1203881 00 COMMERCIAL GENERAL LIABILITY

NX GL 032 08 09

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. 

NX GL 032 08 09 Page 1 of 3

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

HIRED AUTO AND NON-OWNED AUTO LIABILITY 

This endorsement modifies insurance provided under the following: 

 COMMERCIAL GENERAL LIABILITY COVERAGE PART 

SCHEDULE 

Coverage Limits of Insurance Additional Premium

Hired Auto Liability $1,000,000 Included

Non-Owned Auto Liability $1,000,000 Included

A. Insurance is provided only for those coverages for which a specific premium charge is shown in the 

Declarations or in this Schedule. 

1. HIRED AUTO LIABILITY 

The insurance provided under SECTION I – COVERAGES, COVERAGE A – BODILY INJURY AND 

PROPERTY DAMAGE LIABILITY, applies to "bodily Injury" or "property damage" arising out of the 

maintenance or use of a "hired auto" by you or your "employees" in the course of your business. 

2. NON-OWNED AUTO LIABILITY 

The insurance provided under SECTION I – COVERAGES, COVERAGE A – BODILY INJURY AND 

PROPERTY DAMAGE LIABILITY, applies to "bodily injury" or "property damage" arising out of the use of 

any "non-owned auto" in your business by any person other than you. 

B. For insurance provided by this endorsement only: 

1. Paragraphs 2.e. and 2.j. under SECTION I – COVERAGES, COVERAGE A – BODILY INJURY AND 

PROPERTY DAMAGE LIABILITY, are replaced by the following: 

2. Exclusions 

e. Employers Liability 

"Bodily injury" to: 

(1) An "employee" of the insured arising out of and in the course of: 

(a) Employment by the insured; or 

(b) Performing duties related to the conduct of the insured's business; or 

(2) The spouse, child, parent, brother or sister of that "employee" as a consequence of Paragraph 

(1) above. 

 GOLDMARK000161

Case 3:22-cv-02118-X Document 320-5 Filed 09/28/23 Page 162 of 189 PageID 10993
COMMERCIAL GENERAL LIABILITY

NX GL 032 08 09

Page 2 of 3 NX GL 032 08 09

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

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 injury. 

This exclusion does not apply to: 

(1) Liability assumed by the insured under an "insured contract" or

(2) "Bodily injury" arising out of and in the course of domestic employment by the insured unless 

benefits for such injury are in whole or in part either payable or required to be provided under 

any workers compensation law. 

j. Damage to Property 

"Property damage" to: 

(1) Property owned or being transported by, or rented or loaned to the insured; or 

(2) Property in the care, custody or control of the insured. 

2. SECTION II - WHO IS AN INSURED is replaced by the following: 

Each of the following is an insured under this endorsement to the extent set forth below: 

a. You; 

b. Any other person using a "hired auto" with your permission; 

c. For a "non-owned auto," any partner or "executive officer" of yours, but only while such "non-owned 

auto" is being used in your business; and 

d. Any other person or organization, but only for their liability because of acts or omissions of an insured 

under a., b. or c. above. 

None of the following is an insured: 

(1) Any person engaged in the business of his or her employer for "bodily injury" to any co-

"employee" of such person injured in the course of employment, or to the spouse, child, parent, 

brother or sister of that co-"employee" as a consequence of such "bodily injury," or for any 

obligation to share damages with or repay someone else who must pay damages because of 

the injury. 

(2) Any partner or "executive officer" for any "auto" owned by such partner or officer or a member 

of his or her household. 

(3) Any person while employed in or otherwise engaged in duties in connection with an "auto 

business," other than an "auto business" you operate. 

(4) The owner or lessee (of whom you are a sublessee) of a "hired auto" or the owner of a "nonowned auto" or any agent or "employee" of any such owner or lessee. 

(5) Any person or organization for the conduct of any current or past partnership or joint venture 

that is not shown as a Named Insured in the Declarations. 

C. The following are added to SECTION V – DEFINITIONS: 

1. "Auto Business" means the business or occupation of selling, repairing, servicing, storing or parking 

 GOLDMARK000162

Case 3:22-cv-02118-X Document 320-5 Filed 09/28/23 Page 163 of 189 PageID 10994
COMMERCIAL GENERAL LIABILITY

NX GL 032 08 09

NX GL 032 08 09 Page 3 of 3

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

"autos." 

2. "Hired Auto" means any "auto" you lease, hire or borrow. This does not include any "auto" you lease, hire 

or borrow from any of your "employees" or members of their households, or from any partner or 

"executive officer" of yours. 

3. "Non-Owned Auto" means any "auto" you do not own, lease, hire or borrow which is used in connection 

with your business. However, if you are a partnership, a "non-owned auto" does not include any "auto" 

owned by any partner.

 GOLDMARK000163

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 GOLDMARK000164

Case 3:22-cv-02118-X Document 320-5 Filed 09/28/23 Page 165 of 189 PageID 10996
POLICY NUMBER: AES1203881 00 COMMERCIAL GENERAL LIABILITY

NX GL 037 08 09

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. 

NX GL 037 08 09 Page 1 of 2

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

DEDUCTIBLE LIABILITY ENDORSEMENT – INCLUDING 

EXPENSE (PER OCCURRENCE/OFFENSE) 

This endorsement modifies insurance provided under the following: 

COMMERCIAL GENERAL LIABILITY COVERAGE PART 

PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART 

SCHEDULE

Coverage Amount of Deductible

Bodily Injury Liability OR $ 1000 per occurrence

Property Damage Liability OR $ 1000 per occurrence

Personal and Advertising Injury Liability $ 1000 per offense

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

Declarations as applicable to this endorsement.) 

APPLICATION OF ENDORSEMENT (Enter below any limitations on the application of this endorsement. If no 

limitation is entered, the deductibles apply to damages for all "bodily injury", “property damage", and "personal 

and advertising injury," however caused): 

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

Injury Liability Coverages to pay damages on your behalf applies only to the amount of damages in excess 

of any deductible amounts stated in the Schedule above as applicable to such coverages, and the Limits of 

Insurance applicable to Each Occurrence or offense for such coverages will be reduced by the amount of 

such deductible. Aggregate Limits for such coverages shall not be reduced by the application of such 

deductible amount. 

B. The deductible amounts apply to damages and all legal and loss adjustment expenses. 

C. The deductible amount stated in the Schedule above is on a per “occurrence” or offense basis and applies 

as follows: 

1. Under the Bodily Injury Liability Coverage to all damages because of "bodily injury"; 

2. Under Property Damage Liability Coverage to all damages because of "property damage"; 

3. Under Bodily Injury Liability and/or Property Damage Liability Coverage Combined, to all damages 

 GOLDMARK000165

Case 3:22-cv-02118-X Document 320-5 Filed 09/28/23 Page 166 of 189 PageID 10997
COMMERCIAL GENERAL LIABILITY

NX GL 037 08 09

Page 2 of 2 NX GL 037 08 09

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

because of: 

a. “bodily injury”;

b. “property damage”; or 

c. „bodily injury” and “property damage” combined;

4. Under Personal and Advertising Injury Liability Coverages to all damages because of "personal and 

advertising injury" 

as the result of any one “occurrence” or offense, regardless of the number of persons or organizations who 

sustain damages because of that “occurrence” or offense. 

D. The terms of this insurance, including those with respect to our right and duty to defend the insured against 

any "suits" seeking those damages and your duties in the event of an "occurrence," offense, claim or "suit,” 

apply irrespective of the application of the deductible amount. 

E. We may pay any part or all of the deductible amount to effect settlement of any claim or "suit" and, upon 

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

has been paid by us. 

 GOLDMARK000166

Case 3:22-cv-02118-X Document 320-5 Filed 09/28/23 Page 167 of 189 PageID 10998
POLICY NUMBER: AES1203881 00 COMMERCIAL GENERAL LIABILITY 

NX GL 068 08 09

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. 

NX GL 068 08 09 Page 1 of 1 

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

EXCLUSION – BODILY INJURY TO INDEPENDENT 

CONTRACTORS 

This endorsement modifies insurance provided under the following: 

COMMERCIAL GENERAL LIABILITY COVERAGE PART 

A. The following Exclusion is added to SECTION I – COVERAGES, paragraph 2. Exclusions of COVERAGE A 

– BODILY INJURY AND PROPERTY DAMAGE LIABILITY: 

2. Exclusions 

 This insurance does not apply to: 

Bodily Injury to Independent Contractors 

(1) “Bodily injury” to an independent contractor or to an "employee" or "temporary worker” of an 

independent contractor hired by you or by any subcontractor; or 

(2) The spouse, child, parent, brother or sister of such independent contractor or to an "employee" or 

"temporary worker" of the independent contractor as a consequence of (1) above. 

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. 

 GOLDMARK000167

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 GOLDMARK000168

Case 3:22-cv-02118-X Document 320-5 Filed 09/28/23 Page 169 of 189 PageID 11000
POLICY NUMBER: COMMERCIAL GENERAL LIABILITY

NX GL 072 08 18

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

NX GL 072 08 18 Page 1 of 1

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

EXCLUSION – FIREARMS

This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

The following Exclusion is added to SECTION I – COVERAGES, paragraph 2. Exclusions of COVERAGE 

A – BODILY INJURY AND PROPERTY DAMAGE LIABILITY, and paragraph 2. Exclusions of COVERAGE 

B – PERSONAL AND ADVERTISING INJURY LIABILITY:

Notwithstanding any other provision of this policy, this insurance does not apply to:

Firearms

Any claim or "suit" for "bodily injury," "property damage," “personal and advertising injury” or 

medical payments arising, in whole or in part, from the use of firearms.

We shall have no obligation to defend you, or any other insured, for any such loss, claim or suit.

ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED

AES1203881 00

 GOLDMARK000169

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 GOLDMARK000170

Case 3:22-cv-02118-X Document 320-5 Filed 09/28/23 Page 171 of 189 PageID 11002
POLICY NUMBER: AES1203881 00 COMMERCIAL GENERAL LIABILITY 

NX GL 080 08 09 

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. 

NX GL 080 08 09 Page 1 of 1

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

EXCLUSION – RESIDENTIAL CONVERSION 

This endorsement modifies insurance provided under the following: 

COMMERCIAL GENERAL LIABILITY COVERAGE PART 

The following Exclusion is added to SECTION I – COVERAGES, paragraph 2. Exclusions of COVERAGE 

A – BODILY INJURY AND PROPERTY DAMAGE LIABILITY, and paragraph 2. Exclusions of COVERAGE 

B – PERSONAL AND ADVERTISING INJURY LIABILITY: 

2. Exclusions 

 This insurance does not apply to: 

Residential Conversion 

“Bodily injury,” “property damage,” or “personal and advertising injury” from the construction of any 

building, in whole or in part, which has been converted to a non-commercial dwelling or residence, at any 

time after the inception date of this insurance policy. 

As used in this exclusion, non-commercial dwellings or residences includes, but are not limited to, 

homes, cooperatives, town homes, lofts and condominiums. 

This exclusion does not apply to the construction, management, or ownership of apartment buildings, 

hotels or motels by you. 

 GOLDMARK000171

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 GOLDMARK000172

Case 3:22-cv-02118-X Document 320-5 Filed 09/28/23 Page 173 of 189 PageID 11004
POLICY NUMBER: AES1203881 00 COMMERCIAL GENERAL LIABILITY

NX GL 097 08 09

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. 

NX GL 097 08 09 Page 1 of 1

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

DEFINITION OF GROSS RECEIPTS/SALES 

ENDORSEMENT 

This endorsement modifies insurance provided under the following: 

COMMERCIAL GENERAL LIABILITY COVERAGE PART 

The following is added to SECTION V - DEFINITIONS: 

Gross Sales/Receipts 

The gross amount charged by the Named Insured, concessionaires of the Named Insured or by others trading 

under the insured’s name for:

a. All goods or products sold or distributed: 

b. Operations performed during the policy period; and 

c. Rentals 

d. Dues or fees 

 The following items shall be deducted when computing gross sales: 

a. Sales or excise taxes which are collected and submitted to a governmental division; 

b. Credits for repossessed merchandise and products returned; 

c. Allowance for damaged and spoiled goods; 

d. Finance charges for items sold on installments; 

e. Freight charges on sales if freight is charged as a separate item on customers invoice; and 

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

 GOLDMARK000173

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 GOLDMARK000174

Case 3:22-cv-02118-X Document 320-5 Filed 09/28/23 Page 175 of 189 PageID 11006
POLICY NUMBER: COMMERCIAL GENERAL LIABILITY

NX GL 119 08 18

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

NX GL 119 08 18 Page 1 of 2

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

ASSAULT & BATTERY HAZARD SUBLIMIT

DEFENSE WITHIN LIMITS

This endorsement modifies insurance provided under the following: 

COMMERCIAL GENERAL LIABILITY COVERAGE PART

Schedule

Assault & Battery Occurrence Limit: $ 

Assault & Battery Aggregate Limit: $ 

(Information required to complete this Schedule, if not shown above, will be shown in Declarations)

A. Assault & Battery

Subject to all other terms and conditions of this policy, the insurance provided under SECTION ICOVERAGES COVERAGE A – BODILIY INJURY AND PROPERTY DAMAGE LIABILITY and COVERAGE 

B – PERSONAL AND ADVERTISING INJURY LIABILITY LIMIT applies to any damages that the insured 

becomes legally obligated to pay because of an “assault & battery hazard injury.” 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 to which this insurance does not apply. However,

1. The amount we will pay for damages is limited as described in the SCHEDULE above; 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.

B. Exclusions 

1. We will not pay any claim or defense costs on behalf of any person who:

a. Personally takes part in inflicting assault and battery upon another person; or

b. Remains passive upon gaining knowledge of any alleged assault and battery committed by an

employee or volunteer of the insured; or

c. Commits an intentional or criminal act; or

d. Commits fraud.

C. Limits of Insurance

For the purposes of this endorsement only, the SECTION III – LIMITS OF INSURANCE section is replaced by 

the following:

Regardless of the number of insureds, premiums paid, claims made or “suits” brought; or persons or 

organizations making claims or bringing “suits” the most we will pay for all damages resulting from any one 

“assault & battery hazard injury” is the applicable limit shown in the Schedule of this endorsement or in the 

Declarations. The Aggregate Limit shown in the Schedule of this endorsement or in the Declarations is the 

most we will pay for the sum of all “assault & battery hazard injuries” covered by this endorsement. 

50,000 AES1203881 00 100,000

 GOLDMARK000175

Case 3:22-cv-02118-X Document 320-5 Filed 09/28/23 Page 176 of 189 PageID 11007
COMMERCIAL GENERAL LIABILITY

NX GL 119 08 18

NX GL 119 08 18 Page 2 of 2

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

The Limits of Insurance of this Endorsement apply separately to each consecutive annual period and to any 

remaining period of less than 12 months, starting with the beginning of the policy period shown in the 

Declarations, unless the policy period is extended after issuance for an additional period of less than 12 

months. In that case, the additional period will be deemed part of the last preceding period for purposes of 

determining the Limits of Insurance.

D. The following is added to SECTION V – DEFINITIONS: 

"Assault & battery hazard injury" means any “bodily injury,” “property damage,” or “personal and advertising 

injury” arising out of:

1. Any actual or threatened assault, battery, sexual assault, sexual battery, fight, altercation, 

misconduct or similar incident or act of violence, whether caused by or at the instigation of, or at

the direction of the insured, his/her employees, customers, patrons, guests or any cause 

whatsoever; 

2. Use and/or failure to use reasonable force to protect persons or property;

3. Failure to prevent the conduct described in 1., above; or

4. The negligent:

a. Employment;

b. Investigation 

c. Supervision

d. Reporting to the proper authorities, or failure to so report; or

e. Retention

of a person for whom any insured is or ever was legally responsible and whose conduct is 

described in 1. – 3. above.

ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED

 GOLDMARK000176

Case 3:22-cv-02118-X Document 320-5 Filed 09/28/23 Page 177 of 189 PageID 11008
POLICY NUMBER: AES1203881 00 COMMERCIAL GENERAL LIABILITY

NX GL 127 08 09

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. 

NX GL 127 08 09 Page 1 of 1

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

EXCLUSION – CROSS SUITS 

(INSUREDS) 

This endorsement modifies insurance provided under the following: 

COMMERCIAL GENERAL LIABILITY COVERAGE PART 

PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART 

The following Exclusion is added to SECTION I – COVERAGES, paragraph 2. Exclusions of COVERAGE 

A – BODILY INJURY AND PROPERTY DAMAGE LIABILITY, and paragraph 2. Exclusions of COVERAGE 

B – PERSONAL AND ADVERTISING INJURY LIABILITY: 

2. Exclusions 

This insurance does not apply to: 

Suits between Insureds: 

Any obligation to defend any “suit” or claim against the “insured” alleging “bodily injury,” “property damage,” or 

“personal and advertising injury” resulting from, relating to, alleged by or brought between one Insured against 

another Insured under this policy. 

 GOLDMARK000177

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 GOLDMARK000178

Case 3:22-cv-02118-X Document 320-5 Filed 09/28/23 Page 179 of 189 PageID 11010
POLICY NUMBER: COMMERCIAL GENERAL LIABILITY

NX GL 167 09 18

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

NX GL 167 09 18 Page 1 of 7

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

STANDARD ADDITIONAL EXCLUSIONS

This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART 

PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART

The following Exclusions are added to the policy:

1. EXCLUSION – ASBESTOS

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

Paragraph 2. Exclusions, and COVERAGE B – PERSONAL AND ADVERTISING INJURY LIABILITY, 

Paragraph 2. Exclusions are amended to add the following:

This insurance does not apply to:

A. "Bodily injury," "property damage," or "personal and advertising injury," including but not limited to 

occupational disease, disability, shock, mental anguish or mental injury, at any time arising out of the 

manufacture of, mining of, use of, sale of, installation of, removal of, distribution of, or exposure to 

asbestos, asbestos products, asbestos fibers or asbestos dust;

B. Any obligation of the "insured" to indemnify any party because of damages arising out of "bodily injury," 

"property damage," or "personal and advertising injury," including but not limited to occupational disease, 

disability, shock, mental anguish or mental injury, at any time as a result of the manufacture of, mining of, 

use of, sale of, installation of, removal of, distribution of, or exposure to asbestos, asbestos products, 

asbestos fibers or asbestos dust; or

C. Any obligation to defend any "suit" or claim against the "insured" alleging “bodily injury," "property 

damage," or "personal and advertising injury," including but not limited to occupational disease, disability, 

shock, mental anguish or mental injury, resulting from or contributed to, by the manufacture of, mining of, 

use of, sale of, installation of, removal of, distribution of, or exposure to asbestos, asbestos products, 

asbestos fibers or asbestos dust.

2. EXCLUSION – CHROMATED COPPER ARSENATE (CCA)

SECTION I – COVERAGES, Paragraph 2. Exclusions of COVERAGE A – BODILY INJURY AND 

PROPERTY DAMAGE LIABILITY, and Paragraph 2. Exclusions of COVERAGE B – PERSONAL AND 

ADVERTISING INJURY LIABILITY are amended to add the following:

This insurance does not apply to:

"Bodily injury," "property damage" or "personal and advertising injury" arising out of:

A. The manufacture, sale, distribution, application, use or presence of: 

(1) Chromated Copper Arsenate; 

(2) Any product or material which contains Chromated Copper Arsenate; or 

(3) Any product or material to which Chromated Copper Arsenate has been applied by any party, 

including but not limited to, any manufacturer, processor or distributor of such products or materials.

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

Chromated Copper Arsenate at any time.

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

(1) request, demand or order that any insured or others test for, monitor, clean up, remove, contain, treat, 

detoxify or neutralize, or in any way respond to, assess the effects of Chromated Copper Arsenate; or

(2) claim or “suit” 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 effect of Chromated Copper Arsenate.

3. EXCLUSION – DUTY TO DEFEND

SECTION I – COVERAGES, Paragraph 2. Exclusions of COVERAGE A – BODILY INJURY AND 

PROPERTY DAMAGE LIABILITY, and Paragraph 2. Exclusions of COVERAGE B – PERSONAL AND 

ADVERTISING INJURY LIABILITY are amended to add the following:

Where there is no coverage under this policy, there is no duty to defend.

4. EXCLUSION – EMPLOYMENT RELATED PRACTICES

A. Section I – Coverage A – Bodily Injury and Property Damage Liability, Paragraph 2., Exclusions is 

amended to add the following:

This insurance does not apply to: 

"Bodily injury" to: 

(1) A person arising out of any: 

(a) Refusal to employ that person; 

(b) Termination of that person's employment; or 

(c) Employment-related practices, policies, acts or omissions, such as coercion, demotion, 

evaluation, reassignment, discipline, defamation, harassment, humiliation, discrimination or 

malicious prosecution directed at that person; or 

(2) The spouse, child, parent, brother or sister of that person as a consequence of "bodily injury" to that 

person at whom any of the employment-related practices described in Paragraphs (a), (b), or (c)

above is directed. 

This exclusion applies:

(1) Whether the injury-causing event described in Paragraphs (a), (b) or (c) above occurs before

employment, during employment or after employment of that person;

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

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

the injury.

B. Section I – Coverage B – Personal and Advertising Injury Liability, Paragraph 2., Exclusions is 

amended to add the following:

This insurance does not apply to: 

"Personal and advertising injury" to: 

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(1) A person arising out of any: 

(a) Refusal to employ that person; 

(b) Termination of that person's employment; or 

(c) Employment-related practices, policies, acts or omissions, such as coercion, demotion, 

evaluation, reassignment, discipline, defamation, harassment, humiliation, discrimination or 

malicious prosecution directed at that person; or 

(2) The spouse, child, parent, brother or sister of that person as a consequence of "personal and 

advertising injury" to that person at whom any of the employment-related practices described in 

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

This exclusion applies: 

(1) Whether the injury-causing event described in Paragraphs (a), (b) or (c) above occurs before 

employment, during employment or after employment of that person;

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

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

the injury. 

5. EXCLUSION – EXTERIOR INSULATION AND FINISHING SYSTEMS (EIFS)

SECTION I – COVERAGES, Paragraph 2. Exclusions of COVERAGE A – BODILY INJURY AND 

PROPERTY DAMAGE LIABILITY, and Paragraph 2. Exclusions of COVERAGE B – PERSONAL AND 

ADVERTISING INJURY LIABILITY are amended to add the following:

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

arising out of, caused by, or attributable 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 system" 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 system," or any substantially similar system, is used on 

the part of that structure containing that component, fixture or feature. 

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

"Exterior insulation and finish system" 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 board made of expanded polystyrene and other materials; 

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

(3) A reinforced or unreinforced base coat;

(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

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6. EXCLUSION – MOLD, MILDEW OR FUNGUS

A. Section I – Coverage A – Bodily Injury and Property Damage Liability, Paragraph 2. Exclusions is 

amended to add the following:

This insurance does not apply to:

Fungi Or Bacteria

(1) "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.

(2) 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 any way responding 

to, or assessing the effects 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 bodily consumption.

B. Section I – Coverage B – Personal and Advertising Injury Liability, Paragraph 2. Exclusions is 

amended to add the following:

This insurance does not apply to:

Fungi Or Bacteria

(1) "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.

(2) Any loss, cost or expense arising 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, "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.

7. EXCLUSION – NUCLEAR ENERGY LIABILITY

The insurance does not apply: 

A. Under any Liability Coverage, to "bodily injury" or "property damage": 

(1) With respect to which an "insured" under the policy is also an insured under a nuclear energy liability 

policy issued by Nuclear Energy Liability Insurance Association, Mutual Atomic Energy Liability 

Underwriters, Nuclear Insurance Association of Canada or any of their successors, or would be an 

insured under any such policy but for its termination upon exhaustion of its limit of liability; or 

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(2) Resulting from the "hazardous properties" of "nuclear material" and with respect to which (a) any 

person or organization is required to maintain financial protection pursuant to the Atomic Energy Act 

of 1954, or any law amendatory thereof, or (b) the "insured" is, or had this policy not been issued 

would be, entitled to indemnity from the United States of America, or any agency thereof, under any 

agreement entered into by the United States of America, or any agency thereof, with any person or 

organization. 

B. Under any Liability Coverage, to "bodily injury" or "property damage" resulting from "hazardous 

properties" of "nuclear material," if: 

(1) The "nuclear material" 

(a) is at any "nuclear facility" owned by, or operated by or on behalf of, an "insured" or 

(b) has been discharged or dispersed therefrom; 

(2) The "nuclear material" is contained in "spent fuel" or "waste" at any time possessed, handled, used, 

processed, stored, transported or disposed of, by or on behalf of an "insured"; or 

(3) The "bodily injury" or "property damage" arises out of the furnishing by an "insured" of services, 

materials, parts or equipment in connection with the planning, construction, maintenance, operation 

or use of any "nuclear facility," but if such facility is located within the United States of America, its 

territories or possessions or Canada, this exclusion (3) applies only to "property damage" to such 

"nuclear facility" and any property thereat. 

As used in this endorsement: 

(1) "Hazardous properties" includes radioactive, toxic or explosive properties. 

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

(3) "Source material," "special nuclear material," and "by-product material" have the meanings given 

them in the Atomic Energy Act of 1954 or in any law amendatory thereof. 

(4) "Spent fuel" means any fuel element or fuel component, solid or liquid, which has been used or 

exposed to radiation in a "nuclear reactor." 

(5) "Waste" means any waste material 

(a) containing "by-product material" other than the tailings or wastes produced by the extraction or 

concentration of uranium or thorium from any ore processed primarily for its "source material" 

content, and 

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

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

(6) "Nuclear facility" means: 

(a) Any "nuclear reactor"; 

(b) Any equipment or device designed or used for 

i. separating the isotopes of uranium or plutonium, 

ii. processing or utilizing "spent fuel," or 

iii. handling, processing or packaging "waste"; 

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

material" if at any time the total amount of such material in the custody of the "insured" at the 

premises where such equipment or device is located consists of or contains more than 25 grams 

of plutonium or uranium 233 or any combination thereof, or more than 250 grams of uranium 235; 

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(d) Any structure, basin, excavation, premises or place prepared or used for the storage or disposal 

of "waste," and includes the site on which any of the foregoing is located, all operations 

conducted on such site and all premises used for such operations. 

(7) "Nuclear reactor" means any apparatus designed or used to sustain nuclear fission in a selfsupporting chain reaction or to contain a critical mass of fissionable material. 

8. EXCLUSION – SILICA OR SILICA RELATED DUST 

A. Section I – Coverage A – Bodily Injury and Property Damage Liability, Paragraph 2., Exclusions is 

amended to add the following:

This insurance does not apply to:

Silica Or Silica-Related Dust 

(1) "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."

(2) "Property damage" arising, in whole or in part, out of the actual, alleged, threatened or suspected 

contact with, exposure to, existence of, or presence of, "silica" or "silica-related dust."

(3) Any loss, cost or expense arising, in whole or in part, out of the abating, testing for, monitoring, 

cleaning up, removing, containing, treating, detoxifying, neutralizing, remediating or disposing of, or in 

any way responding to or assessing the effects of "silica" or "silica-related dust" by any insured or by 

any other person or entity.

B. The following exclusion is added to Paragraph 2., Exclusions of Section I – Coverage B – Personal 

and Advertising Injury Liability:

This insurance does not apply to:

Silica Or Silica-Related Dust 

(1) "Personal and advertising injury" arising, in whole or in part, out of the actual, alleged, threatened or 

suspected inhalation of, ingestion of, contact with, exposure to, existence of, or presence of, "silica" 

or "silica-related dust". 

(2) Any loss, cost or expense arising, in whole or in part, out of the abating, testing for, monitoring, 

cleaning up, removing, containing, treating, detoxifying, neutralizing, remediating or disposing of, or in 

any way responding to or assessing the effects of, "silica" or "silica-related dust," by any insured or by 

any other person or entity.

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

(1) "Silica" means silicon dioxide (occurring in crystalline, amorphous and impure forms), silica particles, 

silica dust or silica compounds.

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

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9. EXCLUSION – TOTAL LEAD

Section I – COVERAGES, COVERAGE A – BODILY INJURY AND PROPERTY DAMAGE LIABILITY, 

Paragraph 2. Exclusions, and COVERAGE B – PERSONAL AND ADVERTISING INJURY LIABILITY, 

Paragraph 2. Exclusions are amended to add the following:

This insurance does not apply to:

(A) "Bodily injury," "property damage," or "personal and advertising injury," arising out of, resulting from, 

caused by or contributed to by the presence, ingestion, inhalation, or absorption of or exposure to lead, 

lead compounds, or lead contained in any materials;

(B) Any cost or expense to abate, mitigate, remove, or dispose of lead, lead compounds or materials 

containing lead;

(C) Any supervision, instruction, recommendations, warnings or advice given or which should have been 

given in connection with parts (A) or (B) above; or

(D) Any obligation to share damages with or repay anyone else who must pay damages in connection 

with parts (A), (B) or (C) above.

10. EXCLUSION – USL&H, JONES ACT and MARTIME 

Section I COVERAGES, COVERAGE A – BODILY INJURY AND PROPERTY DAMAGE LIABILITY,

Paragraph 2. Exclusions, and COVERAGE B – PERSONAL AND ADVERTISING INJURY LIABILITY, 

Paragraph 2. Exclusions are amended to add the following:

This insurance does not apply to “bodily injury,” “property damage” or “personal and advertising injury” arising 

out of or resulting from:

(A) operations over navigable waters or offshore including but not limited to drilling and production platforms, 

pipelines, and vessels; or

(B) direct or indirect actions including but not limited to subrogation involving U.S. Longshore & Harbor 

Workers Compensation Act (USL&H), Merchant Marine Act ("Jones Act") or other maritime laws and any 

amendments to those laws.

ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED

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POLICY NUMBER: AES1203881 00 COMMERCIAL GENERAL LIABILITY

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THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. 

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EXCLUSION – TOTAL PROFESSIONAL SERVICES 

This endorsement modifies insurance provided under the following: 

COMMERCIAL GENERAL LIABILITY COVERAGE PART 

This policy is hereby amended as follows: 

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 any “bodily injury," "property damage," or "personal and advertising injury" or 

Supplementary Payments arising out of the rendering of or failure to render any professional services by you or 

anyone who is performing work on your behalf. 

Professional services include, but not limited to, the following: 

1. Preparing, approving, recommending or failing to prepare, approve, or recommend, maps, drawings, 

opinions, reports, surveys, field orders, change orders, designs, specifications, hazard assessment plans, 

response actions, abatement methods or products, air monitoring plans or insurance requirements; 

2. Supervisory, inspection, training, or engineering activities; 

3. Commercial or industrial hygiene, air monitoring, testing, or laboratory analysis; 

4. Construction engineering, design, or assessment; 

5. Foundation engineering, design or assessment; 

6. Slope stability engineering, design or assessment; 

7. Seismic engineering, design, or assessment; 

8. Geotechnical engineering, design or assessment; 

9. Soil engineering, compaction studies, or assessment;

10. Construction material testing; 

11. Medical, health care, psychiatric, psychological, nursing, emergency medical or related services; 

12. Legal, paralegal or related services; 

13. Insurance, investment advisory services, financial, accounting, data processing; or 

14. Architectural services 

We shall have no duty to defend any insured against any loss, claim, “suit” or other proceeding alleging damages 

arising from activities excluded by this endorsement. 

All other terms, conditions, and exclusions shall remain the same. 

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