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EN i cRr::D 

QCi 2 8 2DC9 

~REG STER BY EG 

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IN THE CIRCUIT COURT OF THE STATE OF OREGON 

FOR THE COUNTY OF MULTNOMAH 

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DOUG WEISS, RON ELSl\TER, STANLEY ) 

G. LOMNICKY, HARVEY E. YOUNG and ) 

JOHN DUVALL, ) 

Plaintiffs, 

vs. 

LINNTON PLYWOOD ASSOCIATION, 

JJMMY STAHLEY, GAIL HOLTER, 

GENE ELSEY and MIKE BALTO, 

Defendants. 

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____________________________ ) 

No . .S"080710423 

ORDER ON JOINT MOTION TO 

APPROVE STIPULATION FOR 

SETTLEMENT 

17 This matter came before the Honorable Christopher J. Marshall on October 12, 2009. 

18 . Plaintiffs appeared through their attorney, Edward H. Trompke, and Defendants appeared 

19 through their attorney, Paul B. George (telephone appearance) and Nancie K. Potter. The 

20 . Court had previously received and reviewed the motion and supporting memorandum and 

21 declarations; the Objections ofBarry Axtell, Max M. Smith, Ronald E. Thomas, Holly D. 

22 . Jackson, and Karen S. Fitch (on beha~f of the Estate of Herbert A. Randall), and Francis V . 

23 L' Amie. The Court heard all arguments by the attorneys for all parties and by Mr. Thomas, 

24 Ms. Randall, and Mr. Laney. Judge Marshall then heard oral argument by the attorneys for 

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PAGE 1 -ORDER ON JOINT MOTION TO APPROVE 

STIPULATION FOR SETTLEMENT 

30168423.1 

ROBERTS KAPLAN LLP 

601 S.W. SECOND AVENUE, SUITE 1800 

PoRTLAND, OREGON 97204-3171 

PHONE: 503-221-0607; FAX: 503-221-1510 

Case 3:14-cv-01772-MO Document 33-12 Filed 04/10/15 Page 4 of 35
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all parties and by Mr. Thomas, Ms. Jackson and Mr. Laney. Being thus fully advised in the 

premises, it is hereby 

ORDERED, that the Joint Motion to Approve Stipulation for Settlement is granted. 

Defendants may enter a judgment of dismissal without delay. 

DATED this)_) 'iy of October, 2009. 

Presented by: 

Nancie K. Potter, OSB # 80152 

Roberts Kaplan LLP 

601 SW Second Ave., Suite 1800 

Portland, OR 97204 

(503) 221-0607 

The Honorable ~~ Christoph J. Marshall 

ROBERTS KAPLAN LLP 

PAGE 2 -ORDER ON JOINT MOTION TO APPROVE 

STIPULATION FOR SETTLEMENT 

601 S.W. SECOND AVENUE, SUITE 1800 

PORTJ-AND, 0REGOK 9i204-3171 

PHONE: 503-221-0607; FAX: 503-221-1510 

Case 3:14-cv-01772-MO Document 33-12 Filed 04/10/15 Page 5 of 35
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IN THE CIRCUIT COURT OF THE STATE OF OREGON 

FOR THE COUNTY OF MULTNOMA.H 

DOUG \NEISS, RON ELSl\TER, ST Al\TLEY ) 

G. LOl\!D\lJCKY, HARVEY E. YOUNG and ) 

JOHN DUVALL, ) 

Plaintiffs, 

vs. 

LINNTON PLYWOOD ASSOCIATION, 

JIMMY STAHLEY, GAIL HOLTER, 

GENt ELSEY, MIKE BALTO, and DOES 

1 THROUGH 10, 

Defendants. 

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_____________________________ ) 

Case No. 0807-10423 

STIPULATION FOR SETTLE:MENT 

INTRODlJCTION 

This Stipulation for Settlement (the "Stipulation") is by and between Linnton Plywood 

Association, an Oregon cooperative corporation ("Association") 1, Jimmy Stahly (referred to 

incorrectly in the case caption as Jimmy Stahley), Gail Holter, Gene Elsey, Mike Balto 

(collectively "Individual Defendants" herein) and Doug \Veiss, Ron Elsner, Stanley G. 

Lomnicky, Harvey E. Young and Jolm Duvall (collectively "Plaintiffs" herein). 

Ill/ 

Ill/ 

26 1 The definitions set forth herein are those defined in the Memorandw11 of Law in Support of 

Joint Motion to Approve Stipulation for Settlement. 

PAGE 1- STIPL.JLATION FOR SETTLEMENT 

;oJ63 J s~ ~ 

ROBERTS K.~PLA~ LLP 

601 S.W. SECOND AVEKUE, SUITE 1800 

PORTLA.I\'D, 0REGO!' 97:!04-31 il 

PHONE: 503-221-0607: FAX: 503-2:1-1510 

Exhibit 1 

P-:>rrP r r'l f I\ 

Case 3:14-cv-01772-MO Document 33-12 Filed 04/10/15 Page 6 of 35
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RECITALS 

A. On July 22, 2008, Plaintiffs filed a complaint (the "Complaint") in the Circuit 

Court of the State of Oregon for the County ofMultnomah Case No. 0807-10423 

alleging that the Liquidation Plan was improperly adopted by the Association and 

that the Liquidation Plan was in breach of the Settlement Agreement. The 

Association and the Individual Defendants, each of whom is a member of the 

Board of Directors of the Association, deny each of the allegations of the 

Complaint, but have not been required to file an answer to the Complaint by 

virtue of the fact that the Association and the Individual Defendants have filed a 

motion, now pending before the Court, for the complete dismissal of the 

Complaint on the grounds it is untimely and ill founded. 

B. Many of the current and fonDer members of the Association are elderly and 

depend heavily upon the expectation that they will receive some distribution 

tbJough the liquidation of the Association's assets to pay their "Retains". 

C. The Parties agree that protracted litigation, no matter who prevails, will work to 

the detriment of the Ass?ciation and its current and fo1111er members by delaying 

the ciose of the sale of the Real Property, the distribution of net proceeds and 

require all Parties to incur substantial costs and fees. 

D. The Parties have now agreed to settle the claims alleged in the Complaint and all 

other claims between them, both in their individual capacities and their de1ivative 

capacities. The settlement as set forih below is c_onditiom~d upon the final 

approval by the Court of all of its tenns and conditions. 

NOW THEREFORE IN CONSIDERATION OF THE RECIL'l....LS .A ... "I\TD COVEN .. A.....NTS 

/\_}..TD COl\TDITIONS HEREINAFTER SET FORTH, IT IS AGREED: Exhibit l 

Page 2- of _ l_l_ 

ROBERTS K-'\.PLAN LLP 

PAGE 2- STIPULATION FOR SETTLEMENT 601 S.W. SECOKD A \'ENUE, SUITE 1800 

PoRTLAI\D, 0REGOI\ 97204-3171 

PHO!'\E: 503-:::11-0607; FAX: 503-~21 1510 

301631E3 5 

Case 3:14-cv-01772-MO Document 33-12 Filed 04/10/15 Page 7 of 35
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II. THE AGREEMENT 

1. Incomoration. The Recitals are incorporated herein by reference. 

Definitions. In addition to the tem1s defined elsewhere in this Stipulation, 

as used in this Stipulation the following tem1s have the meanings specified below: 

2.1 The Individual Defendants are all membersofthe Board of Directors 

of the Association. Plaintiffs have named Doe defendants in the Complaint 

and have indicated an intention to amend the Complaint to include the 

remaining members of the Board of Directors as the previously named Doe 

defendants. The Individual Defendants, the Doe .defendants and the unnamed 

members of the Board of Directors are hereinafter collectively, refened to as 

the "Board". 

2.2 "Plaintiffs" means Doug Weiss, Ron Elsner, Stanley G. Lomnicky, 

Harvey E. Young and John Duvall. 

2.3 "Defendants" means Linnton Plyvvood Association, Jinm1y Stahly, 

Gail Holter, Gene Elsey and Mike Balto. 

2.4 "Parties" means collectively each of the Defendants and the Plaintiffs 

for themselves and/or itself and derivatively on behalf of Lir1nton Pl)'\vood 

Association. 

? ~ _,) "Complaint" means the action filed by Plainti'ffs against Defendants in 

the Circuit Court of the State of Oregon for the County of Multnomah Case 

No. 0807-1 0423 . 

Exhibit 1 

Page 3 of __1L_ 

ROBERTS K.L\.PLAN LLP 

PAGE 3 - STIPL.TLA TION FOR SETTLEME ~T 601 S.W. SE.COJ'\D A \' El'\UE, SUITE 1800 

PORTLAI'iD , 0REGO!'o' 97204-3171 

PHOJ\"E: 503-:21..{)607; FAX: 503-221-1510 

Case 3:14-cv-01772-MO Document 33-12 Filed 04/10/15 Page 8 of 35
2.6 "Related Persons" means and includes, as the case may be, each and 

2 all of the Parties' past and/or present directors, officers, employees, partners, 

3 principals, agents, attorneys, consultants, accountants, legal representatives, 

4 insurers or co-insurers, predecessors, successors, assigns, spouses, heirs, 

5 executors, estates, administrators and associates. 

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2. 7 "Released Claims" means and includes any and all claims and causes 

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of action, including unlmoVirn claims, charges, complaints, actions, suits, 

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conn·oversies, demands, rights, liabilities, costs, dan1ages, debts, expenses, 

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guarantees, promises and obligations of every nature and description 

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whatsoever, whether based in law or equity, on federal, state, local, statutory 

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or conm1on law, rule or regulation, including, without limitation, claims for 

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negligence, gross negligence, breach of duty of care, breach of fiduciary duty, 

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breach of contract, declaratory judgment, judgment or injunctive relief, 

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whether concealed or hidden, known or unknown, suspected or unsuspected, 

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matured or not matured, contingent or fixed, asserted or that could have been 

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asserted in the Complaint or in any other forum or proceeding by Plaintiffs in 

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their individual or derivative capacity. 

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19 2.8 "Released Derivative Claims" means and includes any and all claims 

20 and causes of action, including unknown claims, charges, complaints, actions, 

.21 suits, controversies, demands, rights, liabilities, costs, damages, debts, 

expenses, guarantees, promises a.11d obligations of every nature and 

description whatsoever, whether based in law or equity, on federal, state, 

.24 local, statutory or common law, rule or regulation, including, ,~v·ithout 

.25 limitation, claims for negligence, gross negligence, breach of duty of care, 

26 breach of fiduciary duty, breach of contract, declaratory judgment, judgment 

ROBERTS K.<\.PLA~ LLP 

PAGE 4- STIPL.Jl.A TION FOR SETTLEME1\T 60 I S.\V. SECOND AVENUE, Sl;ITE 1800 

PORTLAI'D, OREGON 97204-31 il 

PHO~E: 503-:21 ----. ~ • ~. ~n~ .~~'-1 .::10 

Exh1bit 1 

301631 8' .5 Page...:{_ of _/(_ 

Case 3:14-cv-01772-MO Document 33-12 Filed 04/10/15 Page 9 of 35
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or injunctive relief, whether concealed or hidden, known or unknown, 

suspected or unsuspected, matured or not matured, contingent or fixed, 

asserted or that cou14 have been asserted in the Complaint or in any other 

fomm or proceeding by the Plaintiffs on behalf of the Association. 

2.9 "Shareholder'' means current and former members, or the heirs of 

either, who own a share ofthe Association's stock. 

2.1 0 The Stipulation will be "Effective" upon the "Effective Date", which 

means the first date by which all of the following events have been met and 

have occUlTed: 

A. All of the following necessary approvals have been obtained 

and shall be in effect with respect to the Stipulation: (i) all individual 

Plaintiffs have signed this Stipulation, (ii) all individual Defendants 

and the Association have signed this Stipulation, and (iii) the Plaintiffs 

and the Board have approved the process adopted by the Court for 

notifying Shareholders and Former Shareholders of this Settlement. 

B. The trial Court has entered a judgment approving the 

Stipulation; 

C. The judgment has become Final. For this purpose, "Final" 

shall mean that the time to appeal the judgment has passed without 

notice of appeal being filed by any party or person, or an appeal has 

been filed but the appeal has been dismissed with prejudice, or the 

appe2.l h2.s been decided \vith no possibility of subsequent re1·ival, 

modification or judicial review. Exhibit 1 

Page 6 of /(_ 

ROBERTS Ko<\.PLAN LLP 

PAGE 5- STIPt.TLATION FOR SETTLE1vfE1 ... 1T 60 I S.W. SE.CO!\'D AVENUE., SUITE 1800 

PORTLAND, 0REG01' 9n04-31 i1 

PHONE: 502<:!1-0C.Oi; FAX: 503-:!:!1-1510 

:10 163 1 S3 .5 

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2.11 The term "Former Shareholders" means those persons who have 

"Retains" on the books of the Association but no longer hold any shares of 

stock of the Association. 

3. Tem1s. The Parties have agreed to abide by the tem1s of this Stipulation as 

follows: 

3.1 The Parties will cooperate in preparing and filing with the trial Court a 

motion for approval ofthe Stipulation for Settlement. If this Stipulation is not 

approved by the Comi either party may go forward with the Complaint. 

The Plaintiffs and Individual Defendants agree that they will 

reconm1end to all Shareholders and to all current and fanner members the 

approval of this Stipulation. 

Further, the Board will reconm1end approval of this Stipulation to all 

Shareholders and all current and former members of the Association. 

3.4 Upon the Effective Date, Plaintiffs for themselves in their individual 

capacity and in their representative capacity de1ivatively for the Association 

and all Related Persons release the Board from all of the Released Claims and 

the Released Derivative Claims except to the extent payments are due under 

the Modified Allocation and Distribution Plan. 

3.5 Upon the Effective Date the allocarion and distribution of net proceeds 

from the sale and liquidation of the Association's assets shall be made as set 

forth in the Modified Allocation and Distribution Plan attached hereto as 

Exhibit A and incorporated herein by reference, and the Association's Bylaws 

Exhibit 1 

Page .1z_ of _ /(_ 

ROBERTS K~PLAN LLP 

PAGE 6- STIP"lJLATIO!...J FOR SETTLE:tvfEl'T 601 S.\V. SECOND AVENUE, SUITE l 800 

PORTLAKD, 0REGOJ'\ 97204-3171 

PHO!'\E: 503-221-0607: F .A.X: 503-221-1510 

30163182 5 

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shall be deemed amended with respect to such allocation and distribution by 

the Modified Allocation and Distribution Plan. 

3.6 upon the Effective Date, Plaintiffs shall dismiss the Complaint with 

prejudice, with all Par1ies to bear their own costs and attomeys' fees except as 

provided in paragraph 3.7 belo'w. 

3.7 The Association shall pay £25,000 to Jordan Schrader Ramis PC, 

attorneys for Plaintiffs, as partial reimbursement for Plan tiffs' attomeys' fees 

incun-ed in this matter. Such payment shall be payable together with other 

debts ofthe Association when distribution ofproceeds ofthe sale ofthe Real 

Property is made pursuant to the Modified Allocation and Dist1ibution Plan. 

4. Miscellaneous Provisions 

4.1 The Parties acknowledge that the Board shall have all the decision 

making/authority vested to a cooperative Board of Directors under ORS 

Chapter 62 and such powers and authority as vested pursuant to the 

;~ ssociation's existing iliticles and Bylaws, as modified by this Stipulation. 

4.2 The Parties agree to cooperate to the extent reasonably necessary to 

effectuate and implement all terms and conditions ofthis Stipulation, its 

exhibits, and all of the transactions contemplated hereby and thereby, and in 

obtaining all necessary approvals therefore, and to exercise their best efforts to 

accomplish the foregoing terms and conditions of this Stipulation. 

4.3 Each of the Panies represents and wan-ants that he, she or it has not 

assigned or transferred, or purported to assign or transfer, to any Person any 

claim herein released. Exhibit 1 

Page _3:._ of J{_ 

R OBERTS K<\.PLAl'\ LLP 

P.:\GE 7- STIP1. L_~T10f,J FOR SETTLE1vfE~.JT 601 S.\\'. SECOND AVE"-'C£, SUITE l 800 

PORTLAND , 0REGOI\ 972{!4-3171 

PHONE: 503-:!:!1-0607: FAX: 503-:!:!1-1510 

3016: 3. ~ 

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4.4 The Pai1ies agree that ten11s of the settlement were negotiated in good . 

faith by the Panies, and reflect a settlement that was reached volUI1taJ.ily after 

consultation with competent legal counsel. 

4 - .. ) Neither the Stipulation nor the exhibits attached to the Stipulation, nor 

the settlement contained herein, nor any matter learned of in connection with 

the-matters contemplated by the Stipulation aJ.1d its exhibits or the settlement 

or aJ.1Y act perfom1ed or document executed pursuant to or in furtherance of 

the Stipulation and its exhibits or the settlement is or may be deemed or 

offered or received in evidence as a presumption, a concession, or an 

admission of any fault, liability, or wrongdoing, and, except as required to 

enforce this Stipulation, shall not be offered or received in evidence or 

otherwise used by any Person in this or any other lawsuit, action, litigation or 

proceedings, whether civil, criminal, or administrative. The foregoing 

covenants shall survive notwithstanding the fact that this Stipulation is not 

approved by the Trial Court or the settlement set forth in this Stipulation is 

terminated or fails to become Effective in accordance with its tem1s, or the 

Effective Date does not occur for any reason. Upon the Judgment becoming 

Final, any of the Defendants and/or the other Released Persons may file the 

Stipulation and/or the Judgment in any action that may be brought against 

them in order to support a defense or counterclaim based on principles of res 

judicata, collateral estoppel, full faith and credit, release, good faith 

settlement judgment bar, or reduction, or any other theory of claim preclusion 

or issue preclusion or similar defense or counterclaim. 

Exhibit 1 

Page _:i_ of_!_l_ 

PAGE 8- STIP'lJLATION FOR SETTLEMENT 

R OBERTS K~P AN LLP 

601 S.W. SECO'\'D AVENt: E., SUrTE 1800 

PORTLAND, 0REG0l' 9i204-3171 

PHONE: 503-221-0607; F."-X: 503-221-1510 

301631 £3.5 

Case 3:14-cv-01772-MO Document 33-12 Filed 04/10/15 Page 13 of 35
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4.6 This Stipulation may be amended or modified only by a written 

instrument signed by or on behalf of all of the Parties, or their respective 

successors-in -interest. 

4. 7 No provision of this Stipulation may be waived, other than by an 

express waiver signed by the party to be charged. No waiver of any provision 

in one instance shall be construed as a continuing v:.:aiver as to that provision 

in any other instance, nor as a waiver of any other provision of this Stipulation 

or any of its exhibits. 

4.8 Except as otherwise provided herein, this Stipulation and the Exhibit 

attached hereto, constitute the entire agreement among the Parties with respect 

to the subject matter herein and therein, and no other representations, 

\Varranties or inducements have been made to any pariy conceming the 

Stipulation. 

4.9 The Parties state that there are no additional agreements made in 

connection with the proposed settlement, except as stated herein. 

4.10 Each Person executing the Stipulation hereby warrants that such 

Person has the full authority to do so. 

4.11 This Stipulation may be executed in one or more counterparts. All 

executed counterparts and each of them shall be deemed to be one and the 

same instrument. A complete set of original executed counterparis sball be 

filed with the Court. 

4.12 This Stipulation shall be binding upon, and inure to the benefit of, the 

Exhibit 1 

successors and assigns of the Parties hereto. Page _£J_ of _ /(_ 

ROBERTS K.\.PLAI" LLP 

PAGE 9- STIPuLATION FOR SETTLE1v1 1~T 601 S.W. SECO"D A VEiWE., St;rTE 1800 

PoRTLA'ID, OnEGOK 97:04-3171 

PHONE: 503-:Z1-0607: FAX: 503-221-1510 

301631R2.5 

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4.13 The Court shall retai11 jurisdiction with respect to implementation and 

enforcement of the tem1.s of this Stipulation, and all Pariies hereto subm.it to 

the jurisdiction of the Court for purposes of implementing and enforcing the 

settlement embodied in this Stipulation. 

4.14 This Agreement and the Exhibit hereto shall be considered to have 

been negotiated, executed and delivered, and to be wholly perfom1ed, in the 

State of Oregon, and the rights and obligations of the Parties to this 

Agreement shall be construed and enforced in accordar1ce with, and governed 

by, the intemal, substar1tive laws of the State of Oregon. 

IN \VITl\T£SS \VREREOF, this Stipulation is agreed to by: 

DATED this __ day of October, 2009. 

Doug Weiss 

15 DATED this_ day of October, 2009. 

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DATED this_ day of October, 2009. 

DATED this_ day of October, 2009. 

DATED this_ day of October, 2009. 

PAGE i 0- STll"ULA TION FOR SETTLElvl:ENT 

Ron Elsner 

Stanley G. Lomnicky 

Harvey E. Young 

J olm Duvall 

Exhibit 1 

Page J..f2_ of _jJ_ 

ROBERTS K<\.PLAN LLP 

601 S.\V. SECOND AVEN1JE.. SUITE 1800 

PoRTLAJ\'D, 0REGO!'\ 972(!4-3171 

PHOt\T: 503-~~1-0607: FAX: 503-111-1510 

Case 3:14-cv-01772-MO Document 33-12 Filed 04/10/15 Page 15 of 35
DATED this_ day of October, 2009. 

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7 DATED this_·_ day of October, 2009. 

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DATED this_ day of October, 2009. 

DATED this_ day of October, 2009. 

LINl\TTON PL'{WOOD ASSOCL-\TION 

Bv: ------------------------------ Its: ___________________________ _ 

Jimmy Stahly 

Gail Holter 

Gene Elsey 

Mike Balta 

14 This Stipulation was reviewed and approved by the duly authorized attorneys for the 

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aforementioned Pa1iies: 

DATED this_ day of October, 2009. 

DATED this day of October, 2009. 

PAGE ll - STIPlJLA TION FOR SETTLEMENT 

30!63 I £3 .5 

JORDAN SCHRADER R.AlvfiS PC 

Edward H. Trompke, OSB No. 843653 

Of Attorneys for Plaintiffs 

ROBERTS KAPLAN LLP 

Paul B. George, OSB No. 990090 

Of Attorneys for Defendants 

Exhibit 1 

Page _lL of _ !(_ 

ROBERTS KJ...PLAN LLP 

601 S.\V. SE.c o~ D AvEr,·l E. ~ St:!TE 1800 

PORTLAJ\'D. 0REGOr•; 97:04-3171 

PHOl\T: 503-:::1-0607: FAX: 503-:.:1-1510 

Case 3:14-cv-01772-MO Document 33-12 Filed 04/10/15 Page 16 of 35
EXHIBIT A TO STIPlJLA TION FOR SETTLE.,1EKT 

The settlement agreement be"lV>'een the parties calls for cer:ain adjusunents to fi~·st be made 

before distribution of proceeds, if any, occurs. The distribution generally anticipates re:BJnding of 

retains first, pay111em for stock next, and any residual being distributed on a patronage basis. 

Tne allocating adjustments which are first made and the order in which they are made is as 

fol1o .. s: 

1. First, to offset the net after tax losses for the fiscal years commencing on or after April 

1, 2002; 

! Second, to reinstate patronage credits pre,iously reduced for the fiscal year ended 

March 31, 2002 by the net losses for such fiscal year in the same propon:ion that such 

losses were allocated to the members; and, 

3. Tnird, the balance (the "New Credits") to the Shareholders (those who currently are 

owners ofrecord ofmembership stock) and Fom1er Shareholders (those who 

previously were but no longer are owners of record of membership stock) who have 

net retains or were record owners of membership stock as ofMarch 31, 2001, (the 

"Current and Prior Shareholders") on a patronage basis based on hours worked by the 

Current and Prior Shareholders in the follov..- ing sequence: the balance up to 

$1,690,000 will be allocated to the Current and Prior Shareholders in two pools: first, 

(a) 140/1690th to the those who have hours ofwork during the period from April 1,· 1()QJ1 f,.... l\,.{,.,~.,..1-. :!1 1()()1 f t'-'.o "L),.....,....1 1 r,,_......:::.. .. -.T ,..,~,..1 o,_;,....."'""' ("1-.,,..,.,..o,1-,,....1 .-1.:::l.-r" ) . ,..,~ .... ~ r.o..-.1"'\..-.~ ,1._./l_l ""'r l.\_l l "..L U .,LI,..oU ._J ,L) l._.l./1 \ll..L .... .,1.1 .. H .. I J. J.. \-· l..ll1.._...1..Ll UJ..l~ .L!.J.I .. I J.. ;....'l.l.Ul-......!.J.'-'.l'.J""'".!.~ j ) UJ..J.U. ' o:-'-.•'-' '-'.!..J.I..J .. , 

(b) 1550/1690rh to the those "'hO have hours of work during the period from April 1, 

1991 to March 31,2001 (the "Pool2 Current and Prior Shareholders"). Each 

allocation will be based on hours of work during the respective pool period. 

4. TI1e balance, if any, will be allocated 50% to the Pool 1 Current and Prior Shareholders 

and 50% to the Pool 2 Cun·ent and Prior Sharel1olders to be allocated among such 

Current and P1ior Members based on the hours \'iiorked by each during their respecti ve 

pool period. 

Based on the foregoing adjusm1ents, distribution to the Current and Prior Shareholders of any 

proceeds remaining after pay111em of or reservation for all liabilities or anticipated liabilities will be 

in the order as follows: 

1. 

.., 

.). 

301 6316 1 C5 

Pa:vnient to the Current aDd Prior Shareholders pro rata up to an anjount equal to the 

retains as ofMarch 31,2001, inciuding the retains reinstated per the above adjustment. 

... """} ~'TilQ l - nt L ot-thc ~ ... ba1..u. ?nf'_.,_: Q l.f?n' J.. )~ ' to ~ tllc ~,...._ ~ SbaL J Q11olr1.ow- ..... L --.-.L:!I o+ro;;,..,,.,; .1. .......... vJ-..... pro~~· ~ ! f,.,lo. ... u. ? U" !--' 'o L d-,o '-L.l'- .fJC-.1.. ...,~-

,·aiue of each outstanding share of membership sLOck. 

Pa:,n1ent to the Current and Prior Shareholders pro rata, if any. for the Kew Credits. if 

any, created per the above adjustment. 

Case 3:14-cv-01772-MO Document 33-12 Filed 04/10/15 Page 17 of 35
OCT-2 2-2009 07:42 . PM LINNTON.PL YWOOD 503 286 6489 P.01 

7/1/09 TO 6/30/10 REAL PROPERTY TAX STATEMENT 

MULTNOMAH COUNTY, OREGON 1t ?.0, BOX 2716 *PORTLAND. OREGON 97208-2?16 

Phone: (503) 988-3326 WWW.MUL TCOTAX.O~G 

ACCOUNT NO: 

CODE AREA: 00 1 

R323802 

LINNTON PLYWOOD ASSN 

10504 NW SAINT HELENS RO 

PORTLAND, OR 97231-1049 

!VALUES: LAST YEAR 

MARKET VALUES: 

THIS YEAR 

LAND 4,998,220 4,998,220 

STRUCTURE 9~3.110 943,110 

.-.... !.Q.T.~ L RMV __ .Y.~ L. . ~- · ·- ·--· ~.i l.t . U~---·-·- .. S .~ 4_!. ,) ~.Q ... 

TAXABLE VALUES: 

ASSESSED VALUE 4,007,620 4,127,840 

PROPERTY TAXES: $84,89].42 $89,931.57 

Please read the Tax lnfor·matlon Insert. 

To pa)' onll ne go to www.mu ·l tcotax.org 

TAX PAYMENT OPTI'ONS 

(See back of st.tement for f'tyment Instructions) 

Pay By Discount Net Amount Due 

II Full 11/16/09 2,697.95 $289,822.49 

2/3 11/16/09 1.199.09 $261,344.16 

1/3 ll/16/09 NONE $232,566.06 

!"LEASE MAKE PAYMENT TO: Multnom.tl County 

2009·10 CURRENT TAX BY DISTRICT: 

MULTNOMAH ESD 

PORTLAND COMMUNITY COLLEGE 

PORTLAND PUBLIC SCHOOL 

PORTLAND PUBLIC SCHOOL LOC OP 

EDUCATION TAXES: 

1,710.58 

1,0!t7.65 

19,509.82 

4,669.00 

$26,937.05 

PORT OF PORTLAND 264.59 

CITY OF PORTLAND 17,102,47 

METRO 362.84 

WEST MULT SOIL & WATER CO 137.04 

MULTNOMAH COUNTY 16,222.82 

CITY OF PORTLAND CHILO LOC OP 1,518.63 

MULT CO LIBRARY LOCAL OPT TAX 3,353.87 PQRTb.M! O. .f.J.ii~ll!!;t~ t.~;,_ _ _e_;,NS.LO.t!._ .. .-_ _._a,~§J.l .. .l,L, .... URBAN RENEWAL - PORTLAND 9,859,74 

GENERAL GOVERNMENT TAXES: $58,635.11 

CITY OF PORTLAND BONOS .METRO BONOS 

MULTNOMAH COUNTY BONDS 

TRI-MET TRANSPORTATION BONOS 

PORTLAND COMM COLLEGE BONDS 

BONOS AND MISC TAXES: 

2009-10 TAX (Before Discount) 

DEL I NQLtENT TAXES: (2007-2008) 

I TOTAL (After Discount) :I 

816.49 

1.281.26 

6,33.62 

324.66 

I, 303, 16 

$4,359.41 

S89,93L57 

$202.588.87 

$289,822.49 

F'LEASE DETACH STUB AND RETURN WITH PAYMENT. RETAIN TOP PORTION FOR YOUR RECORDS. 

OREGON PROPERTY TAX YEAR PLEASE MAKE PA Code Area 

Ju 1 1 to June .30 201 o Tax Collector, Multnomah 

10504 NW ST HELENS RD 

PORTLAND, OR 97231 

ODO:L323802 0023256606 0026134416 002898224, 11 

Account Nurnber 

R323802 

Amount Paid 

WRITE MAILING ADDRESS CHANGES IN AREA BELOW 

LINNTON PLYWOOD ASSN 

10504 NW .SAINT HELENS RD 

PORTLAND. OR 97231-1049 

Case 3:14-cv-01772-MO Document 33-12 Filed 04/10/15 Page 18 of 35
OCT- 22 - 2 00 9 503 286 6489 

CODE AREA: 001 

LINNTON PLYWOOD ASSN 

10504 NW SAINT HELENS RD 

P'ORTLAND, OR 97231-1049 

!VALUES~ LAST YEAR 

MARKET VALUES: 

THIS YEAR 

LAND 341,870 341,870 

STRUCTURE 0 0 

____ ..... TOIAtJ~..M.Y. .. YA ~V~--- -- ~· .. ---~-.3AL.-l1Q ___ ···------. .3!t.t •. .SJ.Q._ .... 

TAXABLE VALUES: 

ASSESSED VALUE 127,750 

PROPERTY TAXES: $2,783.25 

P1e~te read the Tax Information insert. 

To pay online go to www.multcotax.org 

TAX PAYMENT OPTIONS 

(See b•ek. of st•ternent for p-vmant Instructions) 

In Full 

2/3 

1/3 

Pay By Discount Net Amount Due 

11/16/09 83.50 $8,998.46 

11/16/09 37.11 $8,117.10 

11/16/09 NONE $7.226.46 

PLEASE MAKE PAYMENT TO: Multnomah County 

2009-10 CURRENT TAX BY DISTRICT~ 

MULTNOMAH ESD 

PORTLAND COMMUNITY COLLEGE 

PORTLAND PUBLIC SCHOOL 

PORTLAND PUBLIC SCHOOL LOC OP 

EDUCATION TAXES~ 

PORT OF PORTLAND 

CITY OF PORTLAND 

METRO 

WEST MULT SOIL & WATER CO 

MULTNOMAH COUNTY 

CITY OF PORTLAND CHILD LOC OP 

MULT CO LIBRARY LOCAL OPT TAX 

.. ..... -..P.ORJ.t.A.N.D,Ll.Rf/.P-O.L.L.C.t.-P..ENS..LOK. --·- URBAN RENEWAL - PORTLAND 

GENERAL GOVERNMENT TAXES: 

CITY OF PORTLAND BONDS 

METRO BONOS 

MULTNOMAH COUNTY BONDS 

TRI-MET TRANSPORTATION BONDS 

PORTLAND CO~ COLLEGE BONDS 

BONDS AND MISC TAXES: 

2009-10 TAX (Before Discount) 

DEL I NQUENT TAXES: (2007-2008) 

TOTAL (After Di&count) :) 

PLEASE DETACH STUB AND ReTURN WITH PAYMENT. RETAIN TOP PORTION FOR YOUR RECORDS. 

P.02 

R496306 

52.94 

32.42 

603.80 

144.50 

$833.66 

8.19 

529.29 

11.23 

4.24 

502.07 

47.00 

103.80 

lOl.JO _~ 

305.15 

$1.814.67 

25.27 

39.65 

19.61 

10.05 

40.34 

$134.92 

$2,783.25 

$6.298.71 

$8.998.46 

OREGON PROPERTY TAX YEAR PLEASE MAKE PA TO: Code Ar111 Account Number 

Ju 1 1 2009 to Tax Collector, Multnomah County oo 1 

10504 WI/ NW ST HELENS RO 

PORTLAND, OR 97231 

Payment options: 

DDOl49630b 0000722646 0000811710 0000899846 19 

Amount 

R496306 

Amount Paid 

WRITE MAILING ADDRESS CHANGES IN AREA BELOW 

ISO·!i.~:i-O t1 ~ (A('v. 6·09~ 

)5~68g·· .. ,-

LINNTON PLYWOOD ASSN 

10504 NW SAINT HELENS RO 

PORTLAND, OR 97231-1049 

Case 3:14-cv-01772-MO Document 33-12 Filed 04/10/15 Page 19 of 35
OCT- 22 - 2009 LINNT O N. P L YWOO D 

LINNTON PLYWOOD ASSN 

10504 NW SAINT HELENS RD 

PORTLAND. OR 97231-1049 

!VALUES: LAST YEAR 

CODE AREA: 

THIS YEAR 

503 286 6 4 89 

001 

2009-10 CURRENT TAX BY DISTRICT! 

.MULTNO.MAH £SO 

PORTLAND CO~~UN TY COLLEGE 

PORTLAND PUBLIC SCHOOL 

PORTLAND PUBLIC SCHOOL LOC OP 

EDUCATION TAXES: 

P. 03 

R323803 

39.91 

24.44 

4SS . 1; 

108.92 

$628.42 

PORT OF PORTLAND 6.17 

CITY OF PORTLAND 398.99 

METRO 8.46 

WfST MULT SOIL & WATER CO 3.20 

MARKET VALUES: MULTNOMAH COUNTY 378.47 

LAND 241,050 241,050 CITY OF PORTLAND CHILD LOC OP 35,43 

STRUCTURE 0 0 ~ULT CO LIBRARY LOCAL OPT TAX 78.24 ... .I.OT.A.L ... .IUW VAl UL-- ····-·-·-··· ~1.~50... ---..... ... 24.L..,0-5Q. .. .. - ........... .eOR.r.LANil-. . .f.+WP.O.I..~CE ... p-£.NS ~ON·· ---· -... -l~B, 9-.} ~ 

TAXABLE VALUES: 

ASSESSED VALUE 93.500 96,300 

PROPERTY TAXES: $1 ,9·80.71 

Please read the Tax Information Insert. 

To ~ay online go to www.mu1tcotax,org 

TAX PAYMENT OPTIONS 

(See back of statement for payment Instructions) 

Pay By Discount Net Amount Due 

In Full 11/16/09 62.94 $6,783.38 

2/3 11/16/09 27.97 $6,119.01 

1/3 11/16/09 NON£ $5,447.64 

PLEASE MAKE PAYMENT TO: Multnomah County 

URBAN RENEWAL - PORTLAND 230.02 

GENERAL GOVERNMENT TAXES: $1,367.91 

CITY OF PORTLAND BONOS. METRO BONDS 

MULTNOMAH COUNTY BONOS 

TRI·MET TRANSPORTATION BONOS 

PORTLAND COMM COLLEGE BONOS 

BONDS AND ~ISC TAXES: 

2009M10 TAX (Before Discount) 

DEL I NQUENT TAXES: (2007-2008) 

TOTAL (After Discount) :j 

19.05 

29.89 ' 

14.78 

7.58 

30.40 

$101 • 70 

$2,098.03 

$4,748.29 

$6,783.38 

PLEASE DETACH STUB ANO RE:TURN W ITH PAYMENT. RETAIN TOP PORTION FOR YOUR RE:CORDS. 

OREGON PROPERTY TAX YEAR PLEASE MAKE PAYMENTS TO: Code Area Account Number 

Jul 1 to June 30 2010 Tax Collector, Multnomah County 001 R323803 

Property Taxes 

10504 WI/ NW ST HELENS RD 

PORTLAND, OR 97231 

Payment option&: Net Amount Ami)Unt Paid 

0001323803 00005447b4 0000611901 0000678338 10 

1')0 5$3~()0£(Rcv. fi 9~ 

'' S88'9"' ,,,., •• 

LINNTON PLYWOOD ASSN 

10;04 NW SAINT HELENS RD 

PORTLAND, OR 97231 - 1049 

WRITE MAILING ADDRESS CHANGES IN AREA BELOW 

Case 3:14-cv-01772-MO Document 33-12 Filed 04/10/15 Page 20 of 35
POLICY: 

EFFECTIVE: 

LIABILITY FORM: 

CONDITIONS FORM: 

POLLUTION EXCLUSION: 

CP646638 

4/23/73-4/23/76 

C-10 1/73 

C-1652 1/73 

C-1599 1/72 

Case 3:14-cv-01772-MO Document 33-12 Filed 04/10/15 Page 21 of 35
' . . '_ .. ... 

.: .J• · .... _:·.::: 

·::.-... _-. ~: ~:\::·:: 

. . . . . . . . 

:;~~~ 

P~ 

~ 

·( 

l1-C~ 20-2 

@y 11eecis 

+o bl ~d 

~. SAFECO INSURANCE COMPANY OF AMER'~'\ 

GENERAL INSURANCE COMPANY OF AM A 

FIRST NATIONAL .INSURANCE. COMPANY _. AMERICA 

BLANKET LIABILITY INSURANCE 

(COVERAGE SUPPLEMENT) 

1. COVERAGE A- BODILY INJURY -except Automobile 

COVERAG! B- PROPERTY DAMAGE- except Automobile 

COVERAG! C - BOOIL Y INJURY - Automobile 

COVERAGE D- PROPERTY DAMAGE-'- Automobile 

With respect to such ol the toregoin~J coverages as have become eHective under the provisions of the declarations page of this policy. the 

company will pay on behalf of the Insured au sums which the lruured 

shall become legafty obligated to pay as damages because of bodily 

ln)vry or prope~amage to which this insurance applies. caused 

by an oc:eurrence::;Jle company shall have the right and duty to de lend 

arry suit against the lnaured seeking damages on account of such 

bodll}' InJUry 01 property damage, even if any of the allegations of 

the suit are groundless. false or fraudulent. and may make such investigation and settlement ol aily claim 01 suit as it deems expedienL 

The. company shalf nol be obligated to pay any claim or judgment 

or to defend any suit after the applicable timit of the company's liability 

has been exhausted by payment of judgments or settlements. 

Exclullona 

This insurance does n_ol apply: 

(a) to bod!lr InJury or ~rty damage included within the war 

hazard with respect to liability assumed by the Insured under 

any contract or agreement or expenses tor first aid under the Supplementary Payments provision: 

(b) to any obligation fOiwhich the Insured 01' any carrier as tits insurer 

may be held liable under any workmen's compensation, unemploymenl compensa!ion or disability benefits law; or under any similar 

law; 

(c) to bocmr InJury to any employee of the Insured arising out of 

and in the course of his employment by the Insured; but this 

exclusion does not apply to liability assumed by the Insured under 

any contract; I 

(d) to property damage: (1) to property owned or transported by 

the lntured; (2) to property occupied by or rented to the Insured, 

except damage to a·rented residence or private garaoe caused 

by a private passenger automobile; (3) to property under bailment to the Insured (except injury to or destruction of such property 

arising out of the use ol elevators or escalators or to liability 

assumed under sidetrack agreements); (4) to that particular parf 

of any property (i) upon which operations are being performed 

by or on behalf of the Insured, or (ii) out ol which such injury 

or destruction arises; (5) to premises alienated by the named 

Insured arising out of such premises or any part thereof; (6) to 

the named Insured's products ·ansing out of such products or 

any part of such products; (7) to work pertqrmed by or on behalf 

of the named Insured arising· out of the work or any portion thereof, 

or out of materials, parts or equipment furnished in connection 

therewith; 

(e) to damages claimed for the withdrawal, inspection. repair, 

replacement. or loss of use of the named Insured's products 

or work completed by or fo; the named Insured or of any property 

of which such products or work form a part, H such products, 

work or property are withdrawn from the market or from use because 

of any known or suspected defect or deficiency therein; 

(f) to bodlly Injury or property damage arising ·out of the ownership. 

maintenance, operation, use. loading or unloading of any mobile 

equlpm en! while being used in any prearranged or organized 

racing. speed or demolition contest or in any stunting activity 

or in practice or preparation lor any such contest or activity: 

(g) to toss ol use ol tangible property which has not been phys1cal1y 

injured or destroyeo resulting lrom 

( 1) a delay in or lack ol perlormance by or on behalf ot the named 

Insured ol any contract or agreement or 

(2) the failure of the named Insured's products 01' wo;k performed 

by 01' on behalf of the named Insured to meet the level of 

performance. quality, fitness or durability warranted or represented by the named Insured; 

but this exclusion does not apply to toss of use of other tangible 

property resulting trom the sudden and accidental physical injury 

to or Destruction of tfiin\a-med Insured's products or work performed by ex on behalf of the named Insured alter such products 

or WOI'k have been put to use by any person or organization other 

tha@aured; 

(h) to contrac:tual Uablllty assumed by the Insured, if the Insured 

or his indemnitee is an architecL engineer or curveyor. for bodily 

ln)llry or propwty damage arising out of the rendering of or the 

failure to render professional services by such Insured or indemnitee, including 

(1) the preparation or approval of maps, plans. opinions. reports, 

surveys. designs or specifications and . 

(2) supervisory. inspection or engineering services. 

(i) to bodily Injury 01' property damage arising out of the ownership, 

maintenance. operation, use. loading or unloading of (1) any aircraft owned or operated by or rented or loaned to any Insured, 

or (2) any other aircrart operated by any person in the course 

of his employment by any Insured; 

(j) under Coverages A and B. to liability or injury arising out of or 

in connection with domestic activities of any Insured which are 

not connected with the business of any Insured. 

2. COVERAGE E- PREMISES MEDICAL PA. YMENTS 

The company Will pay to or for each person who sustains bodily Injury 

caused by accident all reasonable mecllcal expense incurred within 

one year from the date of the accident on account of such bodily 

Injury, provided such bodily InJury arises out of (a) a condition in 

the Insured premises or (b) operations with respect to which the named 

Insured is aHorded coverage for bodily Injury liability under this policy. 

ExcJuslons 

This insurance does not apply: 

(a) to bodlly InJury 

(1) arising out of the ownership, maintenance. operation. use. load· 

ing or unloading of 

(i) any automobile or aircrah owned or operated by or rented 

· or loaned to any Insured, or 

(ii) any other automobile or aircrah operated by any person 

in the course of his employment by any Insured; 

but this exclusion does not apply to the parking of an aute>-

moblle on the Insured premltea, if such automobllt is not 

owned by or rented or loaned to any IMured; 

(2) arising out of the ownership, maintenance. operation. use, toad· 

ing or unloading of any mobile equipment while being used 

in any prearranged or organized racing. speed or demolition 

contest or in any stunting acti vity or in practice or preparation 

for any such contest or activity: 

(3) arising out of and in the course olthe transporta tion of mobile 

equipment by an automobile owned or operated by or rented 

or loaned to any Insured; 

(b) to bod11y ·tn)ury 

(1) mctuded within the completed operations hazard or the 

produC1a hazard; 

(2) arising out of operations performed for the named Insured 

by independent contractors other than (i) ma ontenance and 

repair ol the Insured premises or (1 i) structural alteratoons 

at such P' emises whoch do not in•olve ;mg the size ol 

or mov g build1ngs or otr.er structures: 

'~ : n..,cc: on rt!'verse S10e ) 

C-10 R18 1{73 PRINTED IN U . S.A. 

Case 3:14-cv-01772-MO Document 33-12 Filed 04/10/15 Page 22 of 35
{ 

(3) resutt 1ng trom the selling. sr or g1v1ng ot any alcoholic 

beverage (1) in v'olat,on ol an) Jle. ordtnance or regulahon. 

(11) to a m1nor. (Iii) to a person under the influence ot alcohol 

or (1v) which causes or contributes to the 1ntox1calion of any 

person. if the named Insured is a person cr organization 

engaged in the bus,ness ot manufacturing. d1s tr•buhng . selling 

or serving alcoholic beverages or. '' ~ol so engaged. is an 

owner or lessor of prem1ses used lor such purposes but only 

part (i) of this exclusion (b) (3) appl1es when the named 

Insured is such an owner or lessor; 

(4) included with the war hazard; 

(c) to bodily Injury 

( 1) to the named Insured, any partner therein. any tenant or other 

person regularly residing on the Insured premises or any 

employee of any of the foregoing if the bodily Injury arises 

out of and in the course of his employment therewith; 

(2) to any other tenant if the bodily Injury occurs on that pan 

of the Insured premises rented from the named Insured or 

to any employee of such a tenant if the bodily InJury occurs 

on the tenant's pan of the Insured premlaea and arises out 

of and in the course of his employment tor the tenant; 

(3) to any person while engaged in maintenance and repair of 

the Insured premises or alteration. demolition or new construction at such premises; 

(4) to any person if any benefits for such bodily Injury are payable 

or required to be provided under any workmen's compensation, 

unemployment compensation or di sability benefits law. or 

under any similar law: · · 

(5) to any person practicing, instflJCting or participating in any 

physical training, sport, athletic activity or contest; 

(d) to any medical expense for services by the named Insured, 

any employee thereof or any person or organization under contract 

to the named ln1ured to provide such services. 

~ PERSONSINSUREO 

Each of the lollowing is an Insured under this insurance to the extent 

set forth below: 

(a) the named Insured and, if an individual, the spouse of such 

named Insured if a resident of the same household; 

(b) for Coverages A and 8 

( 1) il the named Insured is designated in the declarations as 

· (i) a partnership or joint venture. the partnership or joint ven· 

lure so designated and any partner or member'thereof 

but only with respect to his liability as such; ' 

(ii) other than an indivi dual, partnership or joint venture, the 

organization so designated and any executive oHicer, 

director or stockholder thereof while acting within the 

scope of his duties as such; 

(2) any person (other than an employee of the named Insured) 

or organization whi le acting as real estate manager tor the 

named Insured; and 

(3) with respect to the operation, tor the purpose of locomotion 

upon a public highway. of mobile equipment reg istered under 

any motor vehicle re gistration taw, 

(i) an employee of the named Insured while operating any 

such equipment in the course of his employment. and 

(ii) any other person while operating with the permission of 

the named Insured any such equipment registered in 

the name ot the named Insured and any person or organi· 

zation legally responsibl e tor such operation. but only 

it there is no other valid and collectible insurance avail· 

able. either on a primary or excess bas is. to such person 

or organization; 

provided that no person or organization shall be an Insured under 

this paragraph (3) with respect to: 

(A) bodily Injury to any lellow employee of such person inJured 

tn the course ol h1s employment. or 

(B) property damage to propenyowned by. rented to. in charge 

o( or occupied by the named Insured or the employer 

of any person described in subparagraph (ii). 

This insurance does not apply to bodily Injury or property damage 

a11S1ng out ol the condu:l of any partnership or fOinl ven1u1e ol 

whtCh ltle insured tS ,1 r~ar:r.c·r cu rncmuer <l',j wr .. cr-: ~ nc: :J':..~~~g· 

naled on lhos po1ocy as a named Insured. 

tc) lor Coverages C 

( 1) any partner o. _ .. ecutove ofhcer thereof. but with respect to 

a non-owned automobile only wh o! e such automobile 1s 

being used 1n the bus,ness ol the nam~ Insured; 

12) any other person wh1le JS1ng an owned automobile or a hired 

automobile With the permiSSIOn ol tne named Insured, provided h1s actual operation or (if he IS not operating) his other 

actual use thereof 1s w1thin the scope of such permiss,on. 

but with respect to bodily Injury or property damage arismg 

out of the loadmg or ~ntoading thereof. such other person 

shall be an Insured onty if he 1s: (i) a lessee or borrower 

of the automobile, or(';) an employee ollhe named Insured 

or of such lessee or borrower: 

(3) any ottter person or organization but only with respect to his 

or its liability because of acts or om1ssions of lhe named 

Insured or an lnaured under (1) or (2) above. 

None of the following is an Insured: 

(1) any person while engaged in the business of his employer 

with respect to bodily Injury to any tellow employee of such 

person injured in the course of his employment: 

(2) the owner or lessee ·(of whom the named Insured is a subtes· 

see~ of a lUred automobile, or the owner of a non-owned 

automobile, or the owner or an automobile leased under contract lor one year or more to the named Insured, or any agent 

or employee of any such owner or lessee: 

(3) an execvtive oHicer with ·respect to an automobile owned by 

him or by a member of his household; 

(4) any person while employed in or otherwise engaged in duties 

in connection with an automobDt buslneu, other than an 

automobile business operated by the named Insured. 

.This insurance does not apply to bodlty Injury or property damage 

arising out of (1) a non-owned automobile used in the conduct 

of an); partnership or joint venture of which the Insured is a partner 

or member and which is not designated in this policy as a named 

Insured or (2) if the nal)'led Insured is a partnership. an 

automobile owned by or registered in the name of a partner thereof, 

unless such partner is named as an individual named Insured. 

4.r LIMITS OF LIABILITY 

1 For the purpose of determining the limit of the company's liability, 

all bodily Injury and property damage arising out of continuous or 

repeated exposure to substantially the same general conditions shall 

be considered as arising out of one occurrence. : 

Regard less of the number of Insureds under this policy. or automobile• 

to which this policy applies, the company's liability is limited as follows: 

(a) Combined Limits Plan 

The limit of liability under the Combined Umits Plan expressed 

in the declarations as applicable to "each occurrence" is the 

tot<H limit of the company's liability under the bodily Injury liability 

and property damage liability coverages combined for all damages as the result of any Qne occurrence provided: 

(1) with respect to all damages included within the (i) completed 

operations hazard and the (ii) products hazard, such limit 

of liability shalf be the total limit of the company's liability 

during each annual policy period as the re~ult of one or more 

than one occurrence; 

(2) with respect to all damages arising out of property damage 

(other than automobile, the completed operation hazard, 

or the products hazard) such limit of liability shall be ihe 

total limit ol the compa~ y' s liability during each annual policy 

period as the result ~:r one or more than one occurrence, 

but said limit oll ia ilit~ shall apply separately to each pro,ect 

with respect to operations being. performed away from premises owned by or rente: to the Insured; 

(3) with respect to. any occurrence lor which the notice o! :his 

policy is given in lie:; o~ security. or wnen this pol1cy is cef1 '!•ed 

as proof of financial res:>onsibility und er the provis1ons o! the 

motor vehicle financial ·esponsibility law ol any state or prov· 

1nce. such limit of tiac•:;ty shalt be applied in accorda~ce 

with the applicable 1e·~s of such taw. except that the :;,tal 

limit of liability shall r.:: be reduced 

fb) 01v1ded Limits Plan 

Coverage A -

ir•C" tnt..t• lz~l)ll tr -1 rnt• :0· · :...J'~) I~.H \l ' · damages ~r-:: ..:: . .w ~ _:~:- .. 

ages !or care ,"'!r"tJ los~ oi :::.~· . • ::e~ bCCJ;.:SC· -:'bodily injury ;. ,.:.-

/.'. t--:-.. -- ._. .. 

:( 

Case 3:14-cv-01772-MO Document 33-12 Filed 04/10/15 Page 23 of 35
I ·- :-

tained by one or more pe 1s the resull of any one occurrence 

shall not exceed the lim•. oodlly Injury liabL11ty stated 1n the 

declarations as applicable to ··e ach occurrence." The total liability ol the company lor all damages because ol r 1) all bodily 

Injury included within the completed operations hazard and 

(2) all bodily Injury included with1n the products hazard shall 

not exceed the limit of bodily injury liability stateo m the declarations as -aggregate." 

Coverage BThe total liability of the company tor all damages because of 

all property damage susta1ned by one or more persons or organizations as the result ol any one o:currence shall not exceed 

the limit of property damage liability stated in the declarations 

as applicable to "each occurrence." The total liability of the company lOt all damagn because of all property damage to which 

this coverage applies shall not exceed the limit of property damage liability stated in the declarations as "aggregate." 

Such aggregate limit shall apply separately with respect to each 

project away from premises owned by or rented to the named 

insured. 

Aggregate limits ol liability as stated in this policy shall apply 

separately to each annual policy period. 

Coverages C and D -

(1) The limit ol boc!Jiy Injury liability expressed in the declarations 

as applicable to "each person" is the limit ol the company's 

liability lor all damages because ol bodily Injury sustained 

by one person as the result of any one occurrence; but the 

total liability ol the company lor all damages because ol bodily 

Injury sustained by two or more persons as the result of any 

one oceurren~ shall not exceed the limit· ol bodily Injury 

liability stated in the declarations as applicable to "each 

occurrence." 

_(2) The total liability of the company lor all damages because 

of all property damage sustained by one or more persons 

or organizations as the result ol any one occurren~ shall 

not exceed the limit of property damage liability stated in 

the declarations as applicable to "each occurrence." 

Coverage EThe limit ol liability for Premises Medical Payments Cove~ge 

stated in the declarations as applicable to "each person" is the 

limit of the company's liability tor all medical expense lor bodily 

Injury to any one person as the result of any one accident: but 

subject to the above provision respecting "each person," the total 

liability of the company under Premises Medical Payments Coverage for all medical expense for bodily Injury 'to two or more 

persons as the result of .any one accident shall not. exceed the 

limit of liability stated in the declarations as applicable to "each 

accident." 

5. 'POLICY PERIOD 

This insurance applies only to bodily Injury or property damage which 

occurs: (a) for Coverages A, B. C and D. during the policy period 

within the policy terrilory; (b) for Coverage E. during the policy period 

within the United States of America. its territories· or possessions, or 

Canada. 

6. ADDITIONAL DEFINITIONS 

When used in reference to this insurance (inclu.ding endorsements 

forming a part of the policy): 

"aircraft or automobile hazard" includes bodily Injury and property 

damage arising out of the ownership. maintenance. operation. use. 

loading or unloading of any aircratt. automobile or midget automobile; 

but this hazard does not include (a) bodily Injury to any domestic 

employee arising out of and in the course ol h_is employment by any 

Insured except while such employee is engaged in the operation or 

ma intenance of aircratt or (b) except with respect to aircratt. 'bodily 

Injury or property damage occo.Jrnng on the Insured premises or 

the ways 1rr lle•y ad)01n1ng on land or tc) bodily Injury or property 

damage a1. . :l o:..t ol the use of a land p;;bllc conveyance by tne 

insured as a passenger: 

"automobile business" means the business or occupat1on ol set ling. 

repa,,ng . s~;>rv•c ng stonng or parking automobiles ; 

"contractual liability" means t1abLI1ty expressly assumed under a contract or agreement orovided. however. that contractualliabUlty shail 

not be construed as mcluding l•a:>ility under a warranty ol the fitness 

or quality ol the named Insured's products or a warranty that work 

pertormed by or oc. behalf of the named Insured will be done 1n .a 

workmanlike mar.ner: 

"domestic employee" means ar. employee o! an Insured pertorming 

dulles not in connection with the business of the Insured; 

"fire hezard" includes property damage to any premises not owned 

by an Insured and to house furnishings therein if such property dam· 

age arises out of ta) fire . (b) explosion. or (c) smoke or smudge caused 

by sudden. unusual a'ld faulty operation of any heating or cooking 

unit: 

"hired automobile" means an automobile not owned by the named 

Insured which is used under contract in behalf of, or loaned to. the 

named insured, provided such automobile is not owned by, leased 

under contract to' one year or more, or registered in the name of (a) 

a partner or executive officer of the named Insured or (b) an employee 

or agent ol the named Insured who is granted an operating allowance 

of any sort lor the use of such automobile; 

"Insured premises"· 

for Coverage E. means all premises (except such premises as defined 

under paragraph (blot this definition) owned by or rented to the named 

Insured with respect to which the named insured is afforded coverage 

for bodlly .Injury liability under this policy, and includes the ways 

immediately adjoining on land: 

"medical expense" means expenses lor necessary medical, surgical, 

X-ray and dental services. including prosthetic devices. arid necessary 

ambulance. hospital. professional nursing and funeral services: 

"midget automobile" means a land motor vehicle ol the type commonly 

referred to as a "mid-get automobile." "kart," "go-kart." "speed-mobile" 

or by a comparable name. whether commencially built or otherwise; 

"non-owned automobile" means an automobile which is neither an 

owned automobile nor a hired automobile; 

"owned automoblle" means an automobile owned by or leased under 

contract for one year or more to the named Insured; 

"private passenger automobile" means a four wheel private passenger, station wagon or jeep type automobile; 

"trailer" includes semitrailer but does not include mobile equipment; 

"war hazard" includes all bodily Injury and property damage due 

to war, whether or not declared, civil war, insurrection, rebellion or 

revolution or to any act or condition incident to any ol the foregoing. 

7. ADDITIONAL CONDITIONS 

(a) Medical Reports; Proof and Payment of Claim 

As soon as ;:>racticable the injured person or someone on his 

behalf shall give to the company written proof of claim, under 

oath if requLred. and shall, after each request from the company, 

execute autr.orization to enable the company to obtain medical 

reports and copies ol records. The injured person shalt submit 

to physical examination by physicians selected by the company 

when and as often as the company may reasonably require. The 

company may ;:>ay the injured person or any person or organization 

rendering the services and the payment shalt reduce the amount 

payable hereC!nder for such injury. Payment hereunder shalt not 

constitute an admiss ion of liability ol any person or. except hereun· 

der. of the company. 

(b) Excess Insurance- Hired and Non-Owned Automobiles 

With respect tc a hired automobile or a non-owned automobile, 

this insurance shall be excess insurance over any other valid 

and collect• Ole •nsurance available to the Insured. 

Case 3:14-cv-01772-MO Document 33-12 Filed 04/10/15 Page 24 of 35
r 

f -

-~ SAFECO I~'~'JRANCE COMPANY OF AMERICA ... GENERAL )URANCE COMPANY OF AMERIC, 

Fl RST NAt,\.JNAL INSURANCE COMPANY OF Atvtt:RICA 

COMMERCIAL POLICY 

CONDITIONS APPLICABLE TO ALL SECTIONS 

The Comn<~ny agrees wiih the Insured . named in the declarations made a part hereof. In consideration of the payment of the premium and 

subject to the limits of liability. amounts of Insurance, exclusions, conditions and other terms of this policy to insure the lnsum in 

accordance with the provisions of the schedule or schedules attached hereto and made a part hereof. 

A. Premium: All premiums for this policy shall be computed in 

accordance with the comnany"s rules. rate5, rating plans. 

-premiums ~nd minimum pc-emiums applicable to the Insurance 

afforded herein. 

Premium designated in this policy as "advance premium" is a 

deposit premium only which shall be credited to the amount of 

the earned premium due at the end of the policy pericxt. At th'e 

close of each period lor part thereof terminating with the end of 

the policy period) designated in the declarations as the audit 

period the earned premium shall be comnuted for such period 

and. upon notice thereof to the named Insured. shall become due 

and payable. If the total eilrned premium for the policy period is 

less than the premium pre~~iously paid. the company shall return 

to the named Insured the unearned portion paid by the named 

insured. 

The named Insured shi!ll maintain records of such information as 

Is necessary lor premium computation. and shall send copies of 

such records to the company at the end of the policy period and 

at such times during the policy period as the company may direct. 

a Liberalization Clause: If during the period that Insurance Is in 

force under this policy. or within 45 days prior to the inception 

date thereof, on behalf of this company there be adopted, or filed 

with and approved or accepted by the Insurance supervisory 

authoritie5, all in conformity with law, any changes in the form 

attached to this policy by which this form of insurance could be 

extended or broadened without increased premium charge by 

endorsement or substitution of form , then such extended 01' 

broadened insurance shall inure to the benefit of the Insured here· 

under as though such endorsement or substitution of form had 

been made. 

C. Inspection and Audit: The company shall be permitted but not 

obligated to inspect the named insured's property and operations 

at any time . N<!ither the company's right to make inspections nor 

the making thereof nor any rePort thereon shall constitute an 

undertaking. on behalf of or for the benefit of the named Insured 

or others. to d'ltermine or Wilrrant that such property or opera· 

lions are s.:~fe or healthful, or are in compliance with any law, rule 

or regulatinn. 

The company may examine and audit the named insured's books 

and n~ords at any time during the policy period and extensions 

thP.reof and within three years after the final termination of this 

policy, as far as they relate to the subject matter of this insurance. 

D. Cancellation: Th is palicy may be canceled by the named Insured 

by surrender thereof to the company or any of Its authorized 

agents or by m11iling to the company written notice stating when · 

thereafter thP. cancellation shall be effective . This Policy may be 

canceled by the company by mailing to the named Insured at the 

address shown in this policy, written notice stating when not less 

than ten dilys thereafter such cancellation shall be effective. The 

mailing of notice as afo•eSilic.J shall be sufficient proof of not ice. The . 

time of surrender or the effective date and hour of cancellation · 

staiP.Cl in thr: notice shall hecnme the end of the nolicy J')()riod . 

Deliv<!ry of such wrillen noticn eithnr hy the named insured or by 

the cnn1p.1ny sh:.ll be equivalunl to mailing. . 

If lhf! named Insured CilncP.ls, eilrnerl prerniurn sh;,ll he computed 

in a<:cnrd:mc.:e with lhP. custom;,ry \hnrt r11te t:.hlr. ilnd r>roccdure. 

If rhn cor"r~1ny c;,nc:els. e.1rnr~l premium shnll be c:omputed pro 

rata . Premiurn >'~djustmenl rn,1y br. made either at the time Cilncel · 

lnlion is eflr.cted or as soon '" pri!clic.:al>le nfiL'f cnncellation 

becomes effcctiv~. but nnvrnent or tender of unearned premium is 

not i\ condilinn of c:ancr.llnlion. 

E. Deferred Premium Payment Plan: If the Insured elects to pay the 

prerniurr,! in equal annual payments as Indicated on the first paoe of 

this poli~ the premium for this policy is hereby made so payable. 

Default in making any payment shall be construed as 11 reque5t of 

the Insured to cancel this policy. in which case this company shall , 

upon demand and surrender of this policy. or after ten days • 

written notice to the Insured, comply with the said request. 

If this policy is canceled . either at the request of the Insured or at 

the election of this company. this company shall refund to the 

Insured only the excess of paid premium over earned premium. In 

the e11ent the earned premium exceeds the paid premium the 

Insured shall pay this company the di flerence. 

F. Subrogation: In the event of any payment undet' this policy, the 

company shall be subrogated to all the lnsured"s rights of reco~~ery 

therefor against any person or organization and the Insured shall 

execute and deliver instruments and P.,pers lind do whatever else is 

necessary to secure such rights. The Insured shall do nothing alter 

loss to pc-ejudice such rights. 

G. Impairment of Recovery: Except as noted below, this company 

shall not be bound to pay any toss if the Insured shall ha\18 

impaired any right ·to recovery for loss to the property Insured: 

howe~~er It is agreed that : · 

1. As respects preperty while on the premises of the Insured, 

permission is given the insured to release others In writing from 

liability for loss prior to loss, and such release shall not affect 

the ri~t of the Insured to recover hereunder, and 

2. As respects property in transit. the Insured may, without 

prejudice to this insurance, accept such bills of lading, receipts 

or contracts of transportation as are ordinarily issued by 

carriers containing a limitation as to the value of such goods or 

merchandise. 

H . Conformity With Statute: The terms of this pol icy and forms 

attached hereto which are in conflict with the statui~ of the state 

wherein this policy is issued are hereby amended to conform to 

such statutes. 

I. Changes: Notice to any agent or knowledge possessed by any 

agent or by any other person shall not effect a waiver or a change 

in any part of this policy or estop the company from asserting any 

rioht under ' the terms of this policy; nor shall the terms of th is 

policy be waived or changed. except by endorsement Issued to 

form a part of this policy. 

J. Assignment: Assignment of interest under this policy shall not 

bind the company until its consent is endorsed hereon; If, how· 

e~~er. the named' Insured shalf die. such insurance as is afforded by 

this policy shalf apply I 1) to the named insured's legal representa· 

tive . as the named Insured, but only while actjng within the scope 

of his duties as such. and 12) with respect to the property of the 

named insured, to the person having proper temporary custody 

thP.reof. as insured, but only until the appointment and qualifi· 

cation of the legal representative . 

K. Modification of Terms: Any provisions contained in this policy 

lor sup['llements, schcc.Julcs and endorsements attached thereto) 

which are in conlfict with conditions A thru J above are hereby 

wuived . 

L. Extension: I I coverilgc provided by this policy replaces a similar 

c.:ovcr~ge of a policy expiring on the effective date of I his policy. 

then covern!JC hmnunder shall be extended to the e><piration time 

of the policy so reptnc.:cc.J. 

Case 3:14-cv-01772-MO Document 33-12 Filed 04/10/15 Page 25 of 35
) 

(,.\ 

CONDITIONS APPLICABLE ONLY TO SECTION II 

1. SUPPLEMENTARYPAYMENTS 

Tim cornp;my will P<IY in addition In the appllc:;1ble limit ol lia· 

bilily : 

fn) nil r.xfiCnses incurrr.d uy the company. all cos IS lnxP.d •l!•linst 

the Insured in nny s.uil drdt!rKi ~ uy the company and all 

inlmt:sl nn the cntirr. ;unnunl ol any judqrnr.nl thmein which 

accnu:s niter r.ntry ol thr. jud!Jmt!tll and befnrP. the cornp;u1y 

tws p.,id or tendered or dr.~)(lSilr.d In courl thnt pnrt of the 

jut..lnment which docs not exceed the limit ol the comp;my" s 

liauitity thereon ; 

(b) premiums on appeal bonds reQuiH~ in any such suit, prcmi· 

ums on bonds to rr.leasr. altachrrw.nts in any such suit lor an 

amount not in excess ot lhf! applicnule limit of liability of this 

policy . and tiWl cost ol bail L>onds rr.quirr.d ol the insured 

~a•tSe of >~~:t:idenl or trallic law violation arisino out ul lhH 

use of any vehicle 10 which this policy "flplir:s. not to exc•~!d 

$?50 pr.r bail borKI. hut IIM! .cornp;my shnll havr. r10 obli!)ation 

to npply (l)r or furnish any such I>OtKis; • 

fc) expenso:s incurrro uy thn insured tnr first nid 111 olht!rs ;11 lht! 

time of Ml ac:cidP.nl . lor bodily injury Ill which this polic y 

<Jpplies; 

fd) rensonable expenses incurrr.d by the insured nl tlw. company's 

rcquP.St in assistinothc company in the inveslif!'llion or dHfense 

of <Jny claim or s.uit. including iJCI.uul loss of earnings not to 

exceed $25 per day . 

2. DEFINITIONS 

When us.cd in this polk:y (including nndorsemenls lorrnlng a purl 

hercol) : 

"automobile" menns a lanrl rnntor vr.hiclr., tra iler or ~mitrn ler 

dcsioned for .;·,JVel on public roads (includin!J any m.,chinP.ry or 

app;rratus attached thereto) . snowmobiles. all·lerrain vehicles nnd 

similar equipment and tr~ilers dcsiuned for use therewith, but does 

not include mobile equipment ; 11 

"automobile hazara' inc ludes bodily Injury or properly dam"'}e 

i1ri~irl{l nul nl : 

(.1) thr. CIWnr!tship , maintllqiulcr! , opcrnlion, usc, loading or unloa<.f · 

inq of · 

( 1) any aUtomobile nwr•~ nr op.,ratcd uy or rented or lo ru~ 

10 any insured , or 

(2) nny other automobile OfM!tilltrl by ""Y person in lhr~ coursr! 

ol his r.mploymcnl hy any Insured : 

but this dclinilion do•~ not ar>ply to the parkin!l of an automobile 

on pmmiSl!s owned by . rent<~ It' or controlltrl by the named 

insured or thP. ways imml!()i<ttP.Iy ;llljoining . if such automobile is 

not owned by or rentr.d or ln.,ncd to any insured. 

(b) and in the COtlfS(! ol the ~nsport~li n ol mobile equipment 

hy nn wtomobile owntrl or opt!talr.d by or rentoo or lo.,nP.d to 

the named insured: 

.. bailment .. nu!OIIl$ t1 rinliverv nf pr n ptotty IJ y any f"M t~IHl tn lht! 

insured lor sonm purp~ Ut: ~l k' ·'' In c i ll u!r tlw insured nr su c h 

pt rson or both unch:r a t:OrltriM.:I . ~:.. pr ss or irnplit'd . lor tlw in· 

SlJred In carry uul such ''"'"PO ! .uwJ 111 ruJc !ltvr:r s.u c:ll prupt~ y ,, 

n tht!rwisf! di po~! nl il as provickxl. 

"Blanket Contractual Hazard" n~ ;ms liabil ity ~~SUfT!C{f by IIH~ in· 

sured u"dcr .-._ny CtHllra<: l nr lfC :t~ rtlCnt t:)(CC!Pf . nn incidental 

contract; but 'this dt:l inition docs nnt npply to ;, w;u rnnt y of fit · 

nr:ss or qu.,Jity of the named insured's products or ;1 warranty 

~l work performed hy nr on l>ch:tll ol thr. named insured will 

hr. c.Jone in ;1 work m.."lnlikc n\anncr ; 

"'bodily injury .. rnPans IJu<lily in jlll \' , sic ·kn•·ss , , rl ;~ ' ll ll• '\ 1 

lJ y any Pf!rson wh ich "< ~ lJllfi ii!J tile pol icy IU !ril")(f , itH.: h JCi ino 

clc :;1l h ar any linu! rc !Stll l nlq llu r~d PII , 

' 'Broad Form Property Dam~ge Hi\ZtHd" u:o~ n""; 1Ho1u:rt y d .HH.Itpc ! 

Ill 

I:•} rn rty ust"lJ b y I he• insured . ' '' 

lb) pttqu:tly in thn cart:.c-H ':!Pd y PI 1' 1111 1r tll,d lh•• in1urcci t H ns 11 1 

.,..,,J,jr·h lhr~ Insured is l o 1 o111 y lljlll~l ! '~ '' '";I III'I p l •ys il:al t: PII 

ltnl, 

C · \(, 5/. l /'1) (f ' rHI I\C tl y c r·.(j•l(,) 

hut p.,ts (a) und fb) of this c1<1finition do not apply with msp•!!:l 

to liahility under o wrilt~'n sidetrock II!Jrt.-cnuml nnd purt (b) nl 

this definition docs not ,1ppty with respect to properly damll<}e 

(other than to elevators! ,lrtS•"!l out ol the us.r. of iln elevator al 

pmmiSt.'S own<~ by. rr.nled to u< controlled by I he named Insured. 

"c~~l~ted operatlo." haura' includes bodily Injury urKI property damage arising out of oper;Hions or reliunl.'1! upon 11 reprr!· 

scntation or wJrrnnty m.xle at any time with resrw!(;l tlwrl!to,hul 

only il !he bodily Injury or property dam~ cx:curs af tP.r s.uch 

operations have been ci><npleled or obandoned ord occurs nway 

from prr.miscs owned by or rented to the named instned. "Qpr,.a. 

lions" include materials. Parts or P.Qu ipmenl furn shr~ in con· 

ncction therewith . Qperi\tic>ns shnll be dr.cmcd complete~ nl thH 

r.arlicst of the following tim~ · 

(il) when <til opr.ralions to b.! performed by or on UehHII of thu 

named insured under the contract have been <.:ompleted , 

lul when all operations to be performed by or on behall of rhu 

nam!'d insured at the soh! ol !he operations hiM!- ~ cvm· 

pletcd. or 

(c.:) when the portion of . 11~ work out of which the injury or 

dilmage Mises has been put· to its intended use by any person 

or or!)ilnizarion other th<ln another · contractor or subc.:ofl · 

tractor eng.'ll}l.>d in performing operations for a principal as 11 

part of the same projt!<."t. 

Operations which may require further service or maintenancH 

work, or correction . rep.,ir or rcplacement because of any defect 

or deficiency, but which"'"' otherwise complete , shall be deemed 

complctr.d. 

The completed operations hazard does not include bodiiy Injury 

or property damage arising ou : ol 

(a) operations in connection with the transportation of properly, 

unless the bodily injury or property damage arises ou I of a 

condition in or on a vehicle created by the loading or u.r 

loading thereof. · ~ llt' ' 

(b) the existence of tools. uninstafled equipmenl ·or abandoned or 

unused materi a ls. or · · .r · 

(c) operations lor which the classification slated in the policy or 

in the t:ornpany 's manunl sPL'Cilles "Including completed opm· 

allons"' ; 

"Contractual Hazard Beyond 15 Days" mean$ liability Assumed by 

lhe insured under any written contract or anreemenr unless the 

lnsurrd sh.,ll have furnisllt'd the company a copy of such aoree· 

ment within (15) fifteen days 11om the dale such 119reemefll Is 

signed by I he Insured except ~n incidental contract; bul this deli· 

ni lion does not apply to il w~rrilnly that worlc performed by or on 

behalf of the named insured will be done In a workmanlike m;rn. 

ner; 

"elevator"' means uny hoist inq or ICM"eriny dl!'vice ·to tonnr!(;l 

llnors or landinns. whelhl!r or not in service, ilrKl all applianl."CS 

therL'OI includin!J nny cur. pl a t form , shnft. hoistwny. stairway. run· 

way. powt!1' r.qu ipJT>P.nl and mnc.:hinery ; but doe1 not include nn 

automobile servicing hoist. 0< 11 hnist w ithout ~ platlorrn outside o 

uuildinq il without ~h.,nic;~l power or if not ult~ched to b u ild· 

inn w;~fls. or a hod ,.,, m~tcrinl hoist =~ in ;1ltmatlon, construe· 

liort or d•!rnolition eperntions. or ;rn inclinr:d conveyor used r.x · 

l'lusiv.,ly for r:arryinn ""'l>l!rty or a dumbwaitf!r USI:d exclusively 

lnr carryinn prop•:rtv tut<.l hitvinu a cornp:,rlrnc nt hr.iuht not ex · 

""'lilltJ lr~lf ft~ t . . or hydraulic Of fTIL'CirnnicnJ hois·IS Usro for 

durnp.in{J rnatc:rinls lronl truc ks ; 

.. incidental contract" rTit!iln< any writl"'l (il) leasH ol prernis<:s, (b) 

t!:lsPn'H!Ill ;~Jff!t rnt~nt. cxcr!pt in t:nnnr.ction with construc tion or 

dt!rnolitiun nperalinns on nr adja l\1 to u ri.lilrt);t<.J , (c) tuKJcrt ;lk inu 

In udt~rnnily :1 rn11nicipal ity rt lirt~d by nluni ci p ;ll nrU inunt.,:, f! X· 

t:c:pl i n c unru:ct inn w i t II w11rk lnr lht! rnunicip.;Jl ity . h.J} tk trock 

oi Jft'!t~rru nt . o r h!) eleva1or 11 tt ~n 11~C t! aort!'f :rnr !nl: 

" insured .. n11 :;uts ;tlly P• ' I StH l tH nrq;Jn i.latinn qtt.d il yi nq i1S ntl ln--

SlHed in tlu ~ " Persons Insured" JHI ~i~ inn nl ~ ;•p plic :al.>lc ;nsur· 

nc •~ ,wt o: u}l . 1u~ il\sur ;uu;n ;d lortJod upplit!:\ 5-~~par tt!ly to nuch 

insured a!.)-1111 "' 1 wl11ut\ cJ.,in1 ~ w:h ~ t H 11i1 is lHUII!Jhl.I!XCUPI w i lll 

t~.pt·ct l o IIH' ltttltiS nl lha: •:n rn p: ut y' s lidlJ i lity ; 

P RINTED IN U .S .A. 

Case 3:14-cv-01772-MO Document 33-12 Filed 04/10/15 Page 26 of 35
.,mobile: equipment"' rnr:m1s il land vr~llit. hrUin~J any rnachin · 

ery nr ""'""'''"' aii;K:Iu:t.l lhr:r~:lo), wh!!ll• ·'not Y:ll ·prop.,llr.d , 

(;o) nrJI ~llhl<!<:l In rnnlor vr:hic:lr! rr~li<ltalinn, or lhl maintni1w,O lor 

~~~~ I!Xr:hrsiv,ly nil r>ro:rnhr~ owrw't.l hy or rr.111r't.! lCl thr: named 

insured, indurli11q llu: way~ irwnrxli;ou:ly adjninin<]. 01 (c) d1:signr.d 

lor liS!! priucip;rlly oil l.lllblic ro;Kls. nr ldl do:siq1ux'l or m;oi11Wiru:d 

for tiH! soh: purposr. ol nllordinu rnobilily to l!quiprnm>l ol lhr: 

lollrJWin!) typ1.:s lorminn nn intr~Jrill pat! nl or p<!rrn;uM:nlly ;ot 

IOICIII:tl 10 such vr.hiclr.: nowcr r:r;lllr~. shovels. lr~-xkrs . "im'"' ·"><I 

cJril1~; conr:rr-lf! rnixr.r~ lntiH!t' th;HI thf! tnix ·in· tr;ut~il lyrwd ; nrad· 

crs. scrapr!f's. rollt!rs ;ul<..f nlhr!r road c:nnstrlH.:tion nr rr!pair f!fJIIip . 

(Tl(!nt: air nunflr~~ors. purnns and rJl!nr!'fatnrs. includinn sprnyinu. 

wr~klin!J ilnd huildin'l ck!aninq •~Jttiprrw•r\1 ; ouvJ fJf!Uphy~ic;ll t!X · 

plor;uion m>J well <mvicillf) r.quipmr.nl; 

··named insured., rru~;m~ thr! pt!rsno Of nq).i11lilillion n:unr.d in ltl!ln 

1. nl I hr. rlr!c:larations nl lhi5 rolic:y; 

''n,,mcd lnsan~d·s products'' tJU!all!\ qo~tds tH pr nclur:l-o ru;uHJiac 

11111•1. ~••ld, handl•·d "' rlislliluJ11YI hy lhr: oi>med in .. rred or IJy 

nllu!rS tr;xJino unc.Jnr his nmnc, irK:hH.Jinn i.ti1Y c:onlairu!f tlu:u~of 

lather th:u> ~ V<!hiclc), hill "named insured'! product!" shnll <H>l 

include a ""ndin!J machinl! or any nropcrly olho:r I loan such cnnlilincr. rc111cd 10 or locnic:t.l lor usr. ol ntho:rs but no I sold; 

''non·owned automobile hazard'' nu~ans ilflV automobile nlht!r 

lhnn an owned O( hired automobile nr. if Ill<! named insured is 1111 

in<:livirlu;ol, nn automobile pr:rsunally Of..ll>rilltx:l by th•: named insured m mr:m~""s of his family; 

··occurrence., rnl!iJilS an event includin9 continuous or u~w~atrxf 

exposure Ia condilions. which results in bodily injury nr. property 

-damage nr:ill><:r r.xn<:ciL'<.I nor in1r.11dt:d from thr. st;u>dpninl of !Ill! 

insured; 

''personal haz~rd'' rTH!illlS noy dornr.slic iH.:tivilil!S of lhl! insured. 

not in connect inn with the business nl tlu~ insured; 

"policy territory" nw.ans anywhere in lhe wnrld; providt.'<l, howe'""'· thi'l : (al nesuttirlf) claims ~m uSSI!tlt'd wilhin the Unitr~ 

Sl;olcs of Am<!rir:;J, ils po:;scssions. nr Cnn;Kin . and lbl it shall annly 

10 suils nrxl jud[Jmcnts lor dumnges rr.sullin!Jihr.rclrom only if Sllil 

is commcna~ in a court in the Unitcxl Slntes ol America. its 

nosscssions or in Can;l()n; 

"products hazard" includP.s bodily injury and property damage 

arisin[J nut ol lhn named insured'! products or relianL-e upon a 

rr.prcscntntion or wnrranty mHde nt ilny li~ wilh rcsnccl thereto, 

b11l only if lhr. bodily injury or property da.mage occurs nwny 

lrorn prcrni~ owncxl by or rcntr't.l llllhe name-d insured und altflf 

physi<::ol pnssr.s..~ion nl StiCh producls has br!r.n rl!lioquishrx:J 10 

':llhr.rs; 

"property damage" mr:;~os (ill physic:nl injury to or dt.'Siruction of 

lnnnil.>lc prO[>t!tly whid• occurs durioo I he policy p<!riod, includin!J 

the loss ol usc lhcroml ill illlY lime: fi:Sulliny lht!to:lrr11n, or (b)lnss 

ol USI! of lm>~iblr: proper! y which h;,s not been physically injurr.d 

or dcslroyed prnvidcxl StiCh loss of usr. is cnus.<:d by an ocetJrrence 

!luring lin• policy nr.ri<>d; 

"'suit·• includr!'S nn artJitralion procP.1~in~1 In which the Insured is 

rrO'(')uirc:t.l lo sullmil or to whil:h IIH' insured has subrnillt.'<l wilh lhP. 

cornpany 's cnns.cnl. 

3. Financial Responsibility Laws 

StJCh in\u<iH>CI! ;os is nllmdr:tl by this policy lor bodily injury 

li:r!Jiliry llf lor property dam&ge lial1ilily ,;h;,ll cu111ply wilh lhr! 

prnvi!.inn~ nf a11y rnotor vchic:ll! fin;un;iill rt Spon~il>ilitv l;1w to thn 

t!:O:tt'nt c-1 llu: cnv~raor~ und lirnils ul ll;•l,illly rt..."tpJIII:t.l by such law 

but in "'' L'V!!III iu exc:o:ss "' the lirnirs ol li;oUilily stah:d in this 

policy . 

- · Insured 's Duties in the Event of Occurrence, Claim or Suil 

(,!) In tlu: t~t~lll ·nf Olll occurrenc~. wri11r:11 rullin: C:IIPiilininq p;1r · 

liculo~rs S1JIIicir!r11 lu iUr r~lily llu ~ insured .ut<J t~lsn rt~.rson.•l•t ( 

Pbtuin;..Ult! inlorrn;Jiion with ~~~~~cl 111 IIH! tirnf!. pbcl! and 

circuntsl;uH.:PS tlu~rc 

injurr~l aod ol avail; 

'ld !he n,uncs and ;>tJdresscs a·l rhP. 

itness.!~ . sh;oll IX! given by or lor lllf! 

insured tn tlu! c.:ornnany Of ilny of ~~~ authnriJL"CJ ~p:!uts as soon 

us nracric:rblr:. 

lbl If r.l:rim ~~ rn;KJr. nr suit is brnurJhl ;>O'linsl lhr: insured. lhr. 

insured shall irnmr:tli;olr:ly lorwilrd lo the company !!"Very de· 

n1;u\d. notiL-r.. sun1mons or otht!r prnccs.s rC't.""eived by hi1n or 

his fi!'J>f'L~!nlativc . 

ld Thr. insured shall r·oot"'"''" wirh 1tw cornp.,uy and, upr)ll thr. 

ounp;u.y 's fi:"'Jitr~l. ;r.;.~ist in nlcllHUJ Sl!ltk!'tncnts. in the.~ con· 

d111:1 nl Slril< ;u>d in c11111rcin9 ;>ny right ol contribution or 

indwnnity t~}ainst nnv f>c!rs.on llf nrg.ani1a1ion who rn..,y btt 

li;oblf! lit llw: insured 1~• ;>1151! ul injury t)( damiWJI! with rr.sprx:t 

In whi<:N.'iHsur;mc:c i~ ;ollordcd under lhis policy; und the Insured shall allo:11d lu:uri•>!IS :111d ui.ols ilfxl ;tSsist irt st.'Curin!) arx.l 

qivinl) ~Nidr,.>c:r. iiiKI oblaioiu!lllu• attcndauc:e ol wilnr~..r.s . Tt>r! 

insured ~hall nnt. I!Xf:f!pt at his P·.Nn cnst. voluntnrily rnnl.:r. nny 

pilyrrw~ol. :rs~ur11n any ohliqcllitHl ()( . int.:ur nny t!xpr.t1SC olhr!r 

lhao lor first aid 10 ollll!tS al lht! 11rne of accident. 

5. Aclion A93instCompany 

No action sh;,ll lie n!}<,inst lhe company unless. as 11 =o•xlition 

precr.dr.nt lherr.lo, I here sllilll hnve been lull compliant.~· with all 

of lhP. IP.rms of this policy, nO!' unlil lhe amount of the insured's 

oblination to r~•Y sh;oll hnvP. been finally dclermincd ~ilher by 

jurJ<Jment ;onainsi I he insured al1er <>elunl 1rial or by writ len il!lrce· 

mr.nl ol the insured, lhr. dnimnn1 ,md I he company. 

Any )'lP.I'Sun 01' Ot!Jilltilnlion or tht' le~l renrP.SCnlalive thereof who 

has ::t~rr•:rl Slt<:h judorncnl or wr ill en Uf!tP.Cment shall lherealter 

br. !!Ill it led IO recover und"r I his policy to the exiP.nt of the insur· 

nncr: nllorclcd by lhis r>olicy . No person 01' or!)anization shall hnve 

;my ri<]hl urx.lm I his polic:y to jn;n I he company ns a PdrtY 10 any 

;ocrion n!J<linsl !he insured to d<:lcrmine the insured's liabiliry, nor 

shall the corn)').,ny be implcilded by the insured or his lt.'\.131 mpre · 

scnlative . S.,nkriiPicy or in~olvency of lhe insured or nl lhf? in-. 

sured's cslalc: shi.lll nor rr.lieve the company of any of its obli!-13-

1 ions he<eurlder. 

6. Other Insurance 

II. i!Pr>licoole 10 I he loss, !here is any valid and collectible insurunce. whether on a primary. excess or contingent basis. avail-

~blc to the insured (in this or <>ny olher carrier!. there shall be no 

i~surance ollordcd hereunder .us respecls such loss; exc~t. I hat if 

II~ npnlic;obln lirnil of liaiJilily of 1his policy is in excess of the 

nnplicable limil ol liilbilily providl.'d by the other insurance. this 

policy shall alford exct.'SS insurance O'/CI und ubove such olher 

insur;rnt.-e in an 11mount sullicicnt to allord the insured a com· 

bim:d limil of liilbilily tO'(')ual 10 lhP. uPPiicable limit of liability 

ullorcll.'<l by this policy. ln~ur;m.:e under this policy shall not be 

cnnslrucxlto he cnncurrenl or contributing with any other insurilOCe which is avnilnblc to the insured . 

7. Three Year Policy 

If thi~ r>olicy is issur:d lor a period ol rhrt.'f! yrwrs, the limits of the 

c:ornp;ony's lialJilily shall nr.ply sen;or~t<'ly 10 cuch consecutive annual period lhc:rcol . 

6. Arbitration 

Tlu! ('O:npany slo:rll I>P. cnlitlr.d In r.xP.rt:ist: ;oil of IIH! insured'! 

ri!thls in 1h1: doni.,: nl :uhilrnlor~ and in rhn cllO<;ltrcl nl ~ny ;ubi· 

I r 111 ion prnct~~Jinn. 

!l. Policy Term 

In tt"M ~ ,~,~•1 thr. ,·,nlic:y is \vri111:n wilhc~·llt C'IIY insururu:e ,dfordt:d 

url<..il!r Sl t:linn I .. " Propeny" ' of IIH' policy. lhP. inception und 

r!xpiratinn lirnr. sh~11t bn 1/:UI A"'' · Sllu.w'.l.lrd Tirnr.at tiH! Wtln.~·ss 

ol lht! insured ns ~l;aiPd in llu ~ Dt-t:l;tralions. otherwise such limP. 

~ladll t)(: Nutut Slo~rHI;uU 1 in"W~ 

Case 3:14-cv-01772-MO Document 33-12 Filed 04/10/15 Page 27 of 35
This endorsemem modifies such insurance as is afforded 

by the provisions of the policy relating t o the f ollowing: 

BLANKET LIABILITY INSURANCE- COVERAGES A ANO B 

COMMERCIAL TOP NOTCH INSURANCE 

COMPREHENSIVE GENERAL LIABILITY INSURANCE 

COMPLETED OPERATIONS AND PRODUCTS LIABILITY INSURANCE 

CONTRACTUAL LIABILITY INSURANCE 

GROWERS' AND RANCHERS' LIABILITY INSURANCE- COVERAGES A AND B 

MANUFACTURERS' AND CONTRACTORS' LIABILITY INSURANCE 

OWNERS' AND CONTRACTORS' PROTECTIVE LIABILITY INSURANCE 

OWNERS'. LANDLORDS' AND TENANTS' LIABILITY INSURANCE 

SPECIAL MULTI-PERIL LIABILITY INSURANCE 

STOREKEEPER~ INSURANCE 

POLLUTION EXCLUSION 

It is agreed that the insurance does not apply to Bodily Injury• or 

Property Damage caused by or resul t ing from the discharge of mat· 

ter (ei ther during t l1e policy pe riod o r prior to its com mencement) 

o n or in tO water. land air or any otl•er real or personal property, 

provided. however . that this end o rsement shall not exc lude insu rance witlt respect to the discharge of matter. d tl 1" dischiir<J" IS 

sudcicn . unexpected. unintt!r'diunol and occurs dunng the r>ol 1cy pe 

riod followi ng the effective date of thi s er.~do rs erne1tt. 

Ia) " discharge of matter" me;;ns the emission of matter through its 

release. spillage. leakage or by means of dump1ng. emptying, 

pumping or due to failure of any equipment <)r resultinu from 

any otl1er sou rce or cause whatsoever. 

When used in this Endorsement : 

lbl " matter" means ;my substance, lgas. liquid . or sol1_dl of ilny dr;-

scr~ptio n or r~gm . 

I t 1S further ngreed th~t th1s endors,;ment shiill nut apply lU li;,billtl' 

nris1ng out of the ownership, maintP.nance, ur use of ctny c~utu · 

mnhile. 

• 111 thr·' <!vt·!llt tills l~trnl 1s ;ttt. cill-~d l<J • .1 Comrnercidl Tnp N,ll<:f , l't1! 1,:y " Personal Injury" shdll be sub~tituted lur " Bodil y Injury." 

COMPLEl E THl FOLL O WIN (i tl NOT A T1 AC HE O TO PO LI CY WH[:N POliCY l$ 15SUf !) 

- ----.-------------------· l [ ~bL• il • 

rcl-:-,.:-::,,-:-: ,n:-::c:;,""·-·"'l':-:-: _,-+---------- !1 fl /' 1 tV l 

I'(Jl te·, (Hl HONI) 

NU1,11\ ! II 

I

I '()! I t:'.' 

!:0:1' 1)1111 

fNI) ()Il~f!,.H t/1 

~ ! 

r--- -- - .. - -······ - -11 

:_ ,, ···c ~·~~~~~ ,, ,,.,_ ,:_/, ... ,.~.:~' ·~~~:·~·· . _,11 ~~ ~~ v ti.'t I I 0~ I tU ---·-- __ ------ _, 

~:~~~;-~ I j I TVPING I I llt.ll 

;:. .:.~fCtJ t:~f,IJHA/'Iol t. l (()1,11 '/,/~'f Uf .:I.MI fltL:;, 

G f Nl 11.:.1 INSU III•NCl (0' /.IJArn Ul AMl U rC"4 

' _--::;-, , ... ---jl• - I tll<.,T r~Altpr,:.t ::;$1111 /,:n.! t:OMI'I\':1• fll .\~ f ' !IC .l L~ 

r>p: "-JT~: n :i J •: ··. 

Case 3:14-cv-01772-MO Document 33-12 Filed 04/10/15 Page 28 of 35
p_g ""•Of"·•·.:J ~ - ... ~ I Rf-'U v . ~ ,:.--, 

GEN ~-1~ IS-~~·~ · i a;EPLc; Z768gt0M M ~ _,, . 3 __ . .....,. 

l 

SAFECO INSURANCE COMPANY OF AMERICA 

GENERAL INSURANCE COMPANY OF AMERICA 

~ 

FIRST NATIONAL INSURANCE COMPANY OF AMERICA 

4347 BROOKLYN AVE. N.E .. SEATTLE. WASHINGTON 98105 (Each a Stock Insurance Company) 

" (Coverage is provided by the Company designated by initial) • 

Item I. Named Insured and Address (Number, Street, Town, County, Stole, ZIP Code) 

LtNHTON n.YWOOD ASSOCIATION 

10504 N.W. ST. HELENS RO 

PORTLAND, OREGON 97131 

Business of Named Insured is: 

The Named Insured is D Individual D Corp D Portnersh 'I p D Jo·nt I Vent u re DOth er 

Commercial Polic 

MPP ACCOUNT N 0 

~ 

I em 2. Policy Term 

THREE Af'Rlt. Z]. f97l APRfL ~l~ t·9Z6 Years lnceplion Expiration 

It m 3. The insurance afforded shall apply in occordonce with the schedule or schedules attached hereto, and only with respect to th 

coverage under such schedule or schedules as specified therein. 

SECTION COVERAGE AS PROVIDED UNDER 

SCHEDULE(S) 

Location of premises: (Enter "so me" if some location as above) 

I. 

I 2. 

PROPERTY 

COVERAGE 3. 

4. 

Liability 

I I ) Other than Automobile A 

(2) Automobile A 

II (3) Personal 

LIABILITY Medical Payments 

COVERAGE (I) Premises 

(2) Automobile -, ' A 

(3 ) Personal f?£:7/( ;; 'J. /} 

.. ·=t· . j }.) 

Uninsured Motorists , /, 7L "' .. / I I• 

.. -"' .. -11 I ll 

Ill C,RIME • I A 

IV AUT01'108lLE PHYSICAl OA.~E A 

.... 

I 

I 

I 

I 

I 

I 

llem A. Prov istonol premturn subjecl lo audit: H paid in advance. .. ~------------------

If purd 1n >nstollments , the first 

yeor 1n stullrne ntrs . . . S. __ -=.6:..Jf:'-"564~ ...:...=.------

Cou t· ~r~. ignuture _________________________________ _ 

Case 3:14-cv-01772-MO Document 33-12 Filed 04/10/15 Page 29 of 35
SECTION II - LIABILITY 

Policy No. tft 383478 

CHECK BOX IF ITEM IS CHANGED Limits of Liability 

Liability Coverage A- Bodily Injury Coverage B - Prope rty Damage 

A. Divided Limits Plan 

0 I. Other Than Automobile 

0 2. Automobile 

0 B. Combined Limits Plan 

$ 

$ )00.000. 

$ 3:00,000. 

Coverage 

$ too.ooo. 

$ 300,fi00. 

c 

each person 

each occurrence 

aggregate 

Bodily Injury 

each person 

each occurrence 

Coverages __ ~~~----------------

$ each occurrence 

$ 100,000. 

$ um,noo. 

Coverage 

$ 100,000. 

0 The Liability Form attached hereto is entitled: Bt.AHKET l lABU lTV UtSURIWC£ C-fO 

D 

each occurrence 

aggregate 

Property Damage 

each occurrence 

0 The fa II owing hazards a r e exc I u de d therefrom : -------------------------------------------------------------------------

Medical Payments 

0 Coverage E Premises $ each person $ each occident 

0 Coverage F Automobile $ 2,000. each person 

0 Coverage M Personal $ each pe rs on $ each occident 

Cove ra ge F 

0 Designation of person insured: __ ~~~~~M~E~D~l~~~SH~~~~E~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ 

0 Designation of automobiles Division ANY OWNED AU'J'Dm&.fl£ 

each person general 

0 Coverage P - Personal Injury Liability $ )OO,.QQQ. aggregate $ )00,000. aggregate 

0 Inc luding on offense within the following groups of offenses __ _.A- ,.__,1-..__,C.._ _________________ Insured's participation _____________________ % 

0 Coverag e U - Uninsured Motorists $ l.O,oaa. each person $ 2:0,000. 

0 Designated insured: ·NM£1) 1.f5URfA 

each accident 

0 Description of insured highway vehicles MY ~Jl£ OWED ·BY TME RiGIJED IIStJRED.. 

iJ Premium Change 

Any explanation and/or other change: 

ENDORSEMENT 

EFFECTIVE 

POLICY 0 R BONO 

NUMBER 

F'OUCY 

EXP. DATE 

ENDORSEMENT 

NUMBER 

TYPING 

DATE 

S • SAFECO INSURANCE COMPANY OF AMERICA 

G • GENERAL INSURANCE COMPANY OF AMERICA 

F • FIRST NATIONAL INSURANCE COMPANY OF AMERICA 

(Policy Of Bond ~l issued by 1tw c:om~ny de-ii'TII1Ml by initi•l) 

Add itionol Retur n 

COVER· 

AGE 

CL~S:S 

OR CODE 

UNEARNEO 

SR/PR 

FACTOR 

Authorized 

Representative-------------------------------------------------------------

Subject to Audit 

OLD 

!FULL TERM! 

PREMIUM 

RETURN 

PREMIUM 

Short or Pro-Rote % 

NEW 

!FULL TER M) 

PREMIUM 

ADDITIONAL 

PREMIUM 

Schedule--'-~~-

IMPORTANT: This endorsement for ms port of your policy . Attach to your policy proinp!Q';~o~our protection. 

[continued on reverse side) Non M 

oney r~~ 

DAILY REPORT. By ~ r===;...,: DIVISION OFFICE 

Case 3:14-cv-01772-MO Document 33-12 Filed 04/10/15 Page 30 of 35
Revised Additional L>ectoro,.ons 

CHECK BOX IF ITEM IS CHANGED 

Liability 

A . Divided Limits Pion 

0 1. Other Than Automobile 

0 2. Automobile 

0 B. Camb1ned Limits Plan 

Lim1ts of Liability 

Coverage A - Bodily Injury 

_..L.-'3o"-'o~ • ..,.o=o-"'-o .L..' _ 

$ _3=-o:....:o:....;::....::.o...::..o.;:_o-=--. _ 

each occurrence 

$ 

$ 

aggregate 

Coverage C- Bodily Injury 

100, 000 • each person 

300 ,00!} • each occurrence 

Coverages ___________ _ 

$ _____ _ each occurrence 

Coverag e B - Property Damage 

_1=--'0=-'0'-','-:::0-7070~·-­

$ __ l_O_O___L_,_o_o_o--=-. -- ag gregate 

each occurrence 

Coverage D - Property Damage 

100,000 • each occurrence 

0 The Liability Form attached hereto is entitled, 8lA"iKET LJMJ LITY lNSl.RANCE C-10 

0 

~ 

0 

[2J 

[2J 

0 

0 

Medical Payments 

Coverage E . Premises $ each person $ each occident 

Coverage F · Automobile $ each person 

Coverage M · Personal $ eoch ·person $ each occident 

Coverage F 

Des ignation of person insured , 

Des1gnation of automobiles Divis ion 

Coverage P. Personal Injury L1obil1ty $._3""'£'...., , o.., · ,,..:· n""o'""'o>L..a.. _ aggregate 

Including on offense within the followmg groups of offenses _-'-A--'--"B=--_,C<--__________ Insured 's portictpotion ____________ % 

0 Coverage U . Uninsured Motorists. Bodily Injury $ lQ, 0-00 • each person $ 2 0,000 • each occident 

t Where opplicoble by low. . Property Damage t $ deductible $ ___________ _ each occident 

0 Designated insured , NAJ!EO JNSURED 

0 Description of 1nsured highway vehicles A"iY ~ J LE {;W:JED BY TI£ NAl>'£0 INS't.JRED 

~ Premium Revised 

Change Additional Return Subject to Audit Short or Pro -Rote % Total Premium 

PPD 

TNf:t · DPP 

Any explonot1on and / or other change , 

In considerotton of the continuance of the policy, 11 cs agreed that from 1t s eflecttve dote: Ill This endorsement becomes o pen of the above numbered poltcy . (21 All hm•ts of ltobilny of the Addittonol 

Dedorottom. ore deleted and replaced by those specdted above, !31 nus pol1cy provtdes the coverage as stated heretn 

ENDORSEMENT 

.. w... . ~a_/ ~~L;:4.;;~ ttNC EFFECTIVE f•t th~ hour of day stat«! in tM policy) 

POLICY OR BONO 

NUMBER 

fi'OLICY 

EXP'. DATE 

ENDORSEMENT 

NUMBER 

SERVICE 

OFFICE 

MPP ACCT. 

NUMBER 

TYPING 

DATE 

S • SAFECO INSURANCE COMPANY OF AMERICA 

· G • GENERAL INSURANCE COMPANY OF AMERICA 

F • FIRST NATIONAL INSURANCE COMPANY OF AMERICA 

V"olic;' or Bond is it:Wed by ttw comPMy daigna1ed by initial I 

ZF:-JS:S 

Authorized 

Representative------------------------------- Schedule_-'A __ _ 

ATIENTION POLICY SERVICE, Attach premium worksheet for coding if required . 

·!continued or\ reverse side! 

DAILY REPORT DIVISION OFFICE C- 148 Rll 5/7 3 ® SA.fECO U!sw.ana Cocnp.a.~ty o( Alfloe'nca , reVstftd tr--.,l OWKf . PRINTED IN U.S.A. 

Case 3:14-cv-01772-MO Document 33-12 Filed 04/10/15 Page 31 of 35
_____ , ---. ~ -- -- ·-- ~- ·- ,---~ --~------ - - - ------------- .. ·--- ----------------- -

CH ECK BOX IF ITEM IS CHANGED Limits of Liability 

Liabi l ity 

A. Divided Limits Plan 

0 1. Other Than Automobile 

2j 2. Automobile 

0 B. Combined Limits Plan 

Medical Payments 

0 Coverage E- Premises 

0 Coverage F - Automobile 

0 Coverage M - Personal 

Coverage F 

Coverag e A - Bo dily Injury 

$ 300~000. each occurrence 

$ ·300, 0 00. aggregate 

Coverage C - Bodily In jury 

$ 3 GiJ , 0l)!l. eochperson 

$ 300 · 0()0 • _each occurrence 

Coverages ____________ _ 

$. _____ _ 

$ ______ _ 

$ ___________ _ 

$. _____ _ 

each occurrence 

each person 

each person 

each · person 

/, Cover g~ B - Property Damage 

$ 1 ') 0 1 00 0 • each occurrence 

$ 100 r Q(t() • aggregate 

Coverage D- Propeny Damage 

s, 1 O;J • 0 OD . each occurr.ence 

$ __________ __ each occident 

$ ______ _ each occident 

0 Designation of pe~on insu re d , _______________ _ ___________________________________________________________ _ 

0 Des gnat io n~ o~omobilnD~is~n 1 ____________________________________________________________________________________ _ 

.0 Coverage P- Personal Injury Liability S, 300,000 • aggregate 

0 lncludmg on offense within the following g roups of offenses _.:..A..:--=8=-·-=C:._ ___________________ Insured "s participation _ ___________________ % 

0 Coverage U - Uninsured Motorists - Bodily In jury $ --=Jff:=..:..J.t::..O.::....:O~O=-=·-----------

t Where appl icable by low. . - Prop rty Damage t $ _____________________ _ 

Designated insured 1'1.fi>-1ED INSURED 

each person 

deductible 

$ 2'0,000. 

$ ________ _ 

each occident 

each occident 

0 

0 Description of insured highway vehicles lt'JY AUT0/'"()8 I lE CJ¥.lt£D BY THE 1'-Wo'ED INSURED 

0 Prem ium Revised 

Change Additional Return Subjed to Audit Short or Pro -Rote % Total Premium 

PPD 

40. .311 DPP 

Any explonot ton and / or other change : 

PER BREAKOO'..t-4 ATIAOiED In consideration of the cont Ln uonce of the policy, it LS agreed that from its effed ive dote: 111 This endorsement be<:.omes o pan of the above numbered policy. !21 All iim•rs of ltobil•ty of the Addit•onol· 

Oedo rotions ore deleted e nd replaced by those specified o OOve; 131 Th rs policy provides the coverag e a s stat ed herein. 

E

INS

NDO

UR

R

ED 

SEMENT 

ASSOCIATION 

llNNTCJ.f PLYWOOD ~~a_/ ~L~~ EFFECTIVE 7-1-75 ~t the hour of da y nat«! in t~ policy) 

POLICY OR BONO C? 38J478 SER VICE 

NUMB ER OF FICE JC:~:5 POLICY 4-23-76 MPfi'ACCT. EXP. DATE NUMBER 

ENDORSEMENT 9 TYPING NUMBER DATE 8-6-75 S • SAFECO INSURANCE COMPAN Y OF AMERICA [}] G • GE NERAL INSU RANCE COMPANY OF AMERICA F • FIRST NATIONAL INSURANCE COMPANY OF AMER ICA 

IPolic:v or Bond i\ ts:t.I.Md btrr' m. t"Om~ dlni~ted by initial) 

Authorized 

Rep resentat ive --------------------------------------------------------

A TIENTION POLICY SERVICE: Attach premium worksheet for cod ing if re quired . 

!continued or\ reverse sidel 

Sched ule __ A __ 

DAILY REPORT DIVISION OFFICE 

Case 3:14-cv-01772-MO Document 33-12 Filed 04/10/15 Page 32 of 35
SAFJ';OCO INSURANCE COMPANY OF AMI:::HICA 

GEt ~R 'NSURANCE COMPANY OF AMERICA 

Fl RST , . IONAL INSURANCE COMPANY OF AME 

SECTION II - LIABILITY ·/ 

Policy No. l:P JB3!;}R 

Th1s schedule is onoched to, and forms a port of rhe policy specif ied above. 

Lim its of Liability. No insu rance is afforded under any coverage unless spec ific limits of liabil ity as to such coverage ore set forth below, The 

limit of the company 's liability on account of each such coverage shall be as stated herein, subfed to all of the terms of the policy or supplement attached having reference thereto . 

Limits of Liability 

Liability Coverage A Bodily Injury Coverage B Property Damage 

A. Divided Limits Plan $ 300,.000. each occurrence $ too,ooo. each occurrence 

1 Other Than Automobile $ 300,000. aggregate $ 100.000. aggregate 

Coverage C Bodily Injury Coverage D Property Damage 

2. Automobile $ 2too,ooo. each person $ 1oo.ooo. each occurrence 

$ 300.-000. each occurrence 

Coverages 

B. Combined Lim1ts Plan $ each occurrence 

The Liability Form attached hereto IS enritled . ~ tiABibl+¥ lt:SYAANGE G-IG 

The follow ong · hazards · as defmed by the form entitled ·· ca,dil.ions-A"'d"pTicobi;:-~o Sedion II or~ excluded_therefrom , ·, 

c;::~a:;·~~N~~~ \ 

·. 

··--··· 

Medocol Payments 

I /? 

Coverage E Premoses $ each person $ 4£;2 each occodent 

Coverage Fdutom@de ·u..l.. $ ~ . /'T" 

e.:Q person / 1 0 ::::;'3: ... ' L,J ..__~ ... .. .-t f. 'utb~~<-<:,.; 7 ~J r· 1 ~j., t -L - ', ) - ' - ~ /ft>--CJ ~ ~:...( .. t.u'}'. ' '' . ,_ · ' ' ,{ ,ro· · ' . 

Coverage F 

Desognot1on of person msured , NAME9 INstmEa 

Desognotoon of automoboles Dovosoon I Att¥ !dGEHSE9 G'r!NEB PRfVA'fE PASSB~G:ER AfffBiteBfLE 

each person general 

Coverage P Personal fntury Looboloty $ 300,000. aggregate $ 300,000. oggregore 

EXCL. t c f DELETED 

lncludong on offense wothon the followong groups of offenses Insured 's portLCLpOtLon ., A B e ~ 

~ 0 0 

Coverage U Unonsured Mororosts . Boddy InJury $ 

~.ooo. each person $ 

~.ooo. each occodent 

Properly Damage t $ each occodent $ deductoble 

t Where opplocoble by low. 

Desogno1ed onsured , NAMED &NSVRES 

Descrip!oon of onsured hoghwoy vehocles AN¥ A!!f9MGBil;E 9W'IE9 B'' r=me NAMES INstmEe. 

lcontonued on reverse side! 

Schedule __ -t!Ar--

DAILY REPORT DIVISION OFFICE 

16 :.0 3 1/ 73 rto,.nedv CF 5• PRINTED IN US A 

I 

I 

i 

! 

Case 3:14-cv-01772-MO Document 33-12 Filed 04/10/15 Page 33 of 35
S = SAFFCOe> I NSURANC E COMPAN Y OF AMER I CA 

[;] G;·.:;E I O.L INSURANCE COMPAN Y OF AMERIC , 

F = F IRS, o-JATION AL INSURANCE COMPANY OF AMERIC...._ 

Hom_e Office: 4347 Brooklyn A ve. N.E., Searrle. Washingron 98105 lEach ,a Srock lnsuronc. Company ) 

(Coverage is provided by the company designated by initial) 

SECTION Ill CRIME 

r 

.. ' . 

J 

Policy No .-.Ao~4'-~t:ID''*#Q----

The premises ore located at the address s how n in the declarations as Location No. _____ _,l'-----· unless o therwise stat ed here in: 

(Number Street Town State ) 

No other business is conducted in the premises, u nl ess otherw ise sta ted herein : 

Safe Classification : The alarm sy ste m is classified as 0 Centra l 0 Locai .Ce rt ificote No . ----------------

All words or phrases (other than captions) printed in Bold Face ore defined in the policy . 

Limits of Liabil ity. No insurance is affo rded unde r an y insuring agreement unless specifica lly stated or specific limits of liability as to 

such insur ing agreement ore s e t forth below: The limited of the company-'s liability o n account of each such co v e rage sha ll be as 

stated herein, subiect to all of the terms of the policy or supplemen't attached having reference thereto. 

Ins u ring Agreements 

1. Burglary and Robbe r y 

(o) Paymaster Robbery- On a Messenger Accompanied by Guards _________ _ 

(b ) Robbery Inside the Premises·--------------------------------------------- ----- ---------

(c\ Robbe r y Outside the Premises-------------------- -------------------------------------

(d ) Home of Messenger - Burglar y only 0 Theft 0------------------------------------- (e) Open Stock Burglary 6o % 2000. , ---------· (Co ins urance Per cen t) (Coinsura nce limit) 

If i Safe Burgio r y. ____ __ --------- . __ ___ ------- __ ___ ____ ------ ___________ . ___________ ___ __ . . _. 

I g ) Burglary I not exceeding S 50.00) -------- ----- ----------------- -- --- ------ --- -----------

2. Comprehensive Dishonesty , Disappearance and Destruction 

(1) Em ployee Dishonesty - 0 Option A 0 Option B ___ _________ ____ ___ __ __ __ 

(II) Loss lns1de the Premises--------------------------------------- --- ---------------------· 

(Ill) loss Outs id e the Premises - ---- -- -------------- ------------------------- ----------------

(IV) Money Orders and Counterfe it Paper Currenc y--------------------------------------· 

(V) Depositors Forgery ________ -- ---- _ ------ ____________ _____ ____ __________________ ____ -----· 

(VI) Merchandise Burg lary---------------- %--------.---------· 

3 . Blanket Crime (Coinsurance Percent ) (Coinsurance limit) 

Total Lim it of liability 

4 . Broad Form Storekeepe rs 

Limit of in suran ce under each of Insuring Agreements I thr ough IX 

Exce pt under Insuring Agreement V, such li m it applies in excess of a deductible of 

S __________ os to loss under on e o r mare of said Insuring Agreements. 

5 . Store keepers Burglary and Robbery 

limit of ins urance under each of Insuring Agreements I to VII inclu sive 

6. Office Burglary and Rob bery 

limit of insur an ce under each of In suring Agreements I throu gh VI 

7. OTHER 

Limits of Lia bility Prem ium 

s 

1: 

$ 

$ 

$ $ 

$ 3.000-

$ 1: 

IHCL. 

s s 

$ Is 

5 $ 

$ s 

$ l $ 

$ 

$ $ 

$ $ 

$ 

______________________________________________________ $ ____________ ~~$ __________ __ 

Stole Supplement Name(s) and Farm Numberisl attached hereto. 

The premium If paid in advance--------------------------· $----------

If paid in installments. the first 

year installment is --- -------- -- - ------- - -- $ ---~~~NC=~L~.'---

The liabili ty of the company is subiect to the terms of the following endorsements (ind icated by form No. ) attached hereto: 

C-960; C• lQSS ; C-1373 

The insured b y the acceptance of th is policy, g ives notice Ia the company of election to terminate or ca ncel prior bond or polic y No(s): 

such termination o r cancellation to be effective os of the lime this policy becomes effective. 

Schedule 

Th .s memorandum •s lor •nformolion only ; it is not a contract of insurance bu t oltesls that o policy as n.;mbered herein , and as it stands at the dot e of this cer· 

tificote. has been 1ssued by the company . Sa•d pol ic y •s sub1ect to change b y endorsement and to oss•gnrne nt and cancel lot io n in accordance with its terms . 

rr • .- ., - .. :'!~· .. ·•cr. ,. ,,.; .· DAllY REPORT DIVISION OFFICE 

Case 3:14-cv-01772-MO Document 33-12 Filed 04/10/15 Page 34 of 35
SAFECOe.tNSURANCE COMPANY OF AMERICA 

GENERAL INSURANCE COMPANY O F AMERICA 

FIRST NATIONAL INSURAN CE COMPANY OF AMERICA 

Additional Declarati on s 

Policy No. CP 3834]8 

SECTION ~~AUTOMOBILE PHYSICAL DAMAGE 

This schedule is olloched to and forms o port of the policy specified abo ve . 

SCHEDULE OF AUTOMOBILES 

I Purcho~ed Actual Cost Limit of 

SCHEDULE OF COVERAGES 

T 0 p Serial or E Year, Trade Nome, Type Motor No. Month New incl. equip. Liability Collision M and or or Symbol if (other than Camp. Deduct. Included 

No. Year Used private pass. collision) or 

t964 CHEV. PICKUP 2079. 2079. -- -- 1-- • sf4c l54HJ·65821 

2 . 1972 CHEV. tMPALA 4 tl R. 5-2-4 ACV lN:CL 100. tNCL. 

S EOAN s# I M69H2C t8466 ~ 

I 

I ·I I 

I I I I 

I 

I 

I 

I 

I I 

,,;~/1 

i--,j/ 

I I I: 

-

The con1pony's maximum liobil.ty under !his endorsernent on any one automobile shall not exceed 

The maximum liability for any one loss shall not exceed 

Any loss is payable as interest may appear to the named insured and !Nome and address) 

Q R T 

Comb . Fire Theft Add'!. 

Cov . 

IINCL INCl tNCL 

I 

I 

I 

I 

5 to ,oao. 

s 20,000. 

v 

Tow1ng 

and 

Labor 

I 

I 

I 

Schedu le -------- ----------

Sect,on 

A .I QoS RJ 1172 

- Automobile Physical Damage 

Additional Declarations DIVISION 

Case 3:14-cv-01772-MO Document 33-12 Filed 04/10/15 Page 35 of 35