Case 2:17-cv-04024-DGC Document 1-1 Filed 10/31/17 Page 1 of 136
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Civil Court Case Information -Case History

Case Information

Case Number: CV2017-010944 Judge: LeMaire, Kerstin

File Date: 9/15/2017 Location: Downtown

Case Type: Civil

Party Information

Party Name Relationship Sex Attorney

James McGee Plaintiff Male Mick Levin

Zurich American Insurance Company Defendant Pro Per

Administrative Service Division Arizona Department Of Insurance defendant Pro Per

Case Documents

Filing Date Description Docket Date Filing Party

10/6/2017 AFS -Affidavit Of Service 10/11/2017

NOTE: ADMINISTRATIVE SERVICE DIVISION ARIZONA DEPARTMENT OF INSURANCE

9/15/2017 COM -Complaint 9/19/2017

9/15/2017 CCN - Cert Arbitration -Not Subject 9/19/2017

9/15/2017 CSH - Coversheet 9/19/2017

9/15/2017 NJT -Not Demand For Jury Trials 9/19/2017

There are no calendar events on file

There are no judgments on file

Case Calendar

Judgments

Case 2:17-cv-04024-DGC Document 1-1 Filed 10/31/17 Page 2 of 136
,,

In the Superior Court of the State of Arizona

In and For th+e County of Maricapa _ _

CV2017-010944

(Please Type or Pant)

Plaintiff s Attorney:

Mick Levin

Attorney's Bar Number: 021891

P1air~tiff's Name(s): (List alq

1 Do not #~►p ~1L: SCIf.~

!s Interpreter Nesded7 ~]

!f yes, what language:

~ ` ~'~

-

.:. r~oxe~.. F![.ED

~S~''~ PM ~~: ~0

To the best of my knowledge, all informatwn is true and correct.

AttorneylPro Per Signature (If no attorney, YQUR signature)

Plaintiffs Address:

James McGee c/o Mick Levin, MICK LEVIH, PLC

3401 N. 32nd Street

Phoenix, AZ 85018

(Lis! additional plaintiE~s on page Iwo and/or attach a separate sheet).

Defendants Name(s): (List all)

Zurich American Insurano

{List additional defendants on page two and/or attach a separate sheet).

EMERGENCY ORDER SOUGHT: Temporary Restraining Order Provisional Remedy

(if applicable) OSC — Order to Show Cause Election Challenge

Employer Sanction Other

~] RULE 8(ij COMPLEX LITIGATION DOES NOT APPLY. (Mark appropriate box under Nature of Action).

❑ RULE 8(i) COMPLEX LITIGATION APPLIES Rule 8(i) of the Rules of Civil Procedure defines a "Complex

Case" as civil actions that require continuous judicial management. A typical case invflives a large number of

witnesses, a substantial amount of documentary evidence, and a large number of separately represented pales.

(Mark appropriate box on page two as to complexity, in addition to the Nature of Action case category).

NATURE OF ACTION

(Place an "X" next to the one case category fat most accurately describes your primary case.)

100 TORT MOT R IE C

1Q1 Non-Death/Personal {njury

1Q2 Property Damage

103 Wrongful Death

111 Negligence

112 Product Liability —Asbestos

112 Product Liability —Tobacco

112 Product LiabilH.y — Toxic/Other

173 Intentional Tort

114 Property Damage

115 Legal Malpractice

115 Malpractice —Other professional

117 Premises Liability

118 SlandedLibel/Defamation

116 Other (Specify)

92 E ICAL MAI.PRACTIC

121 Physician M.D. 123 Hospital

122 Physician D.O 124 Other

131 Account (Open ar Stated)

132 Promissory Note

133 Foreclosure

T38 Buysr-Plaintiff

139 Fraud

134 O#her Contract (i.e. Breach of Contract)

135 Excess Proceeds -Sale

Construction Defects (ResidentiaUCommercial)

8

136 Six to Nineteen Structures

137 Twenty or More Structures

Superior Court of Arizona in Maricopa County Page 1 of 2 CV10f-cpdf-090611

ALL RIGHTS RESERVED

Case 2:17-cv-04024-DGC Document 1-1 Filed 10/31/17 Page 3 of 136
150-198 THER Cf IL CASE TYPES:

156 Eminent Gt~rnain/Condemnation

151 Eviction Actions {Forable and Special Detainers)

152 Change of Name

153 Transcript of Judgment

154 Foreign Judgmerrt

158 Quiet Title

160 Forfeiture

178 EEerr~iion Challenge

179 Employer Sanction Action {A.R.S. §23-212)

180 Injunction against Workplace Harassment

181 {njunction against Harassment

182 Civil Penalty

186 Water Rights (Not 6eneraf Stream Adjudication)

187 Real Property

Sexually Violent Persons (A.R.S. §36-3704)

(Except Maricopa County)

8

Minor Abortion (See Juvenile in Maricopa County)

Spedal Action Against Lower Courts

(See lower court appea{cover sheet in Maricopa}

❑194 Imrrtigra~on Enforcement Challenge

(§§ 1-501, 1-502, 11-1051)

150-199 UNCLASSIFIED CNIL CASE TYPES:

[~ Administrative Review

(See tower court appeal cover sheet in Maricopa}

❑150 Tax Appeal (All other tax matters must be

filed in the AZ Tax Court}

Case Number:

455 Declaratory Judgment

157 Habeas Corpus

184 Landlord Tenant Dispute -Other

159 Restoraation of Civil Rights (Federal)

159 Clearence of Records (A.R.S. §13-4051)

190 Declaration of Factual {nnocenoelaRs.~~~ nt1

197 Dedaration of Factual Improper Party Status

193 Vulnerable Adutt (A.R.S. §46.451)

165 Tribal Judgment

167 Structured Settlement (A.R.S. §12-2901)

169 Attorney Conservatorships (State Bar)

170 Unauthorized Practice of Law (State Bar)

171 Out-of-State Deposition for Foreign Jurisdiction

172 Secure Attendance of Prisoner

173 Assurance of Discontinuance

174 In-State Deposition for Foreign Jurisdiction

176 Eminent Domain-Light Rail Only

177 Interpleader- Automobile Oniy

178 Delayed Birth Certificate (A.R.S. §36-333.03)

183 Employment Dispute -Discrimination

185 Employment Dispute -Other

195(a) Amend Marriage License

195(b} Amend Birth Certificate

163 Other

(Specify unless t63(b)or 183(c))

COMPLEXITY OF THE CASE

If you marked the box on page one indicating that Complex Litigafion applies, place an °X" in the box of no less than

one of the following:

AntitnistiTrade Regulation

Construction Defect with many parties or structures

Mass Tort

Securities Ligation with many parties

Environmental Toxic Tort with many parties

Class Action Claims

I nsurance Coverege Claims arising ftom the above-fisted case types

A Complex Case as defined by Rute 8(i) ARCP

Additional Plaintiffs)

Additional Defendants)

Superior Court of Arimna in Maricopa County Page 2 of 2 CV10f-cpdf-090611

ALL RtGNTS RESERVED

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r

Mick Levin, Esq. (Q21891)

MICK LEVIl~i, PLC

3401 Narth 32nd Street

Phoenix, Arizona 85018-5606

(480) 865-3Q51; {800) 385-1684

micklevin@miplc.com

Attorneys for Plaintiff

David L. Abney, Esq. (009001)

AHWATUKEE LEGAL OFFICE, P.C.

Post Office Box 50351

Phoenix, Arizona 85076

(480) 734-8652

abnegmaturin@aol. com

Attorney for Plaintiff

Joseph Erliehman, Esq. {002186}

ERI.ICHMAN LAW FIRM

2200 East Camelback Road

Suite 102

Phoenix, AZ 85016

(602)-224-0062; fax (bQ2) 224-0074

joe@erlichmantaw.corn

j Attorney far Plaintiff

r~zc~AE~. K. ~~~~Es

Clerk of the Su~eriar Court

Bar ~i.tl~m Troxel~ Deaut~

Date Q91Z5l2aI? Ti+~e 15:2Q:I5

~ri~tian Aunt

Cl~~ CV2017-Q10944

CIVIL bbl E~I.AI~' 322.E

TOl'~, f Cf 32Z.tq

R~eiRt# 2b1bOG~c7

IN THE SUPERIOR COURT QF THE STATE 4F ARIZONA

IN AND F4R THE COUNTY OF MARICCOyP2 ~ ,~ 7~ G.i ~ ~ 4 4

JAMES McGEE, an Arizona resident, ~ Case No.

Plaintiff,

v.

ZURICH AMERICAN INSURANCE

COMPANY, a New York insurance company,

COMPLAINT

(Tort, Ikon-Motor•Vehicle;

Breach of Contract;

Insurance Bad Faith)

Defendant.

Plaintiff James McGee avers and alleges as follows against Defendant Zurich American

~ ~Instuance Company:

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1. Atl events material to the allegations in this pleading occurred in Maricopa

County, Arizona.

2. Venue is proper in Maricopa County.

3. T'he Court has general and personal jurisdiction over this case and over all of the

parties under principles of Arizona and federal procedural and constitutional law.

4. The amount in controversy exceeds the minimum jurisdictional limit.

The Parties

5. James McGee is an Arizona resident residing in Maricopa County, Arizona.

6. Zurich American Insurance Company is a New Yark insurance company

~ authorized to do and doing business in Arizona.

7. The corporate headquarters and principal place of business for Zurich American

~ Insurance Company is Schaumburg, Illinois.

8. Service of process may be effected on Zurich American Insurance Company by

~ certified mail, return-receipt requested, through the Arizona Department of Insw~az►ce, its

~ statutory agent, Director of Insurance, 2910 North 44th Street, Second Floor, Phoenix, Arizona

~ 8541$. A.R.S. § 20-221.

General Allegations

9. At about 8:SQ in the evening of January 16, 2015, James McGee was driving home

~ from a church meeting in his 20Q5 Lincoln sedan. H~ was driving north an 22nd Stteet and was

~ properly making a left turn to travel westbound onto Southern Avenue in Phoenix, Arizona.

10. At that same time and place, Elizabeth Foutz was driving a 2Q12 Ford Focus sedan

2

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east on Southern Avenue.

1 1. B~izabeth Foutz was impaired by alcohol, was not competent to operate her car in

a safe manner, and drove her car so negligently that she crashed it into James McGee's car with

tremendous farce.

12. In March 2015, Elizabeth Foutz pleaded guilty to violating A.R.S. § 28-

~ 1382(A)(1) by driving or being inn actual physical control of a motor vehicle while she had an

alcohol concentration of 0.15.

13. The collision demolished James McGee's car.

14. Although James McGee was properly wearing his lap/shoulder safety belts and his

~ car's air bags deployed, James McGee suffered devastating, life-threatening injuries because of

~ the force of a collision sa strong that it crushed the driver's side of his car, causing it to intrude

f into the driver's comparhnent.

I5. Pazamedics treated James McGee at the scene and then transported him to

~ Mazicopa County Hospital.

16. James McGee's collision-related injuries included: (1) pelvic fractures; (2) a right

~ hemithorax, (3) rupture and herniation of the right hepatic lobe into the thorax, (4) bilateral C-6

~ and C-7 transverse process fractures, and (5) a nondisplaced left first-rib fracture.

17. As a direct and proximate result of Elizabeth Foutz's reckless and negligent

driving, James McGee suffered grievous, permanent physical injuries, has undergone multiple

painful medical, surgical, and therapeutic procedures, has suffered permanent physical

~ impairment, has suffered duninution of his enjoyment of life, and has incurred substantial

3

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medical bills.

18. At the site of the collision, Elizabeth Foutz identified her car's owner as

Underwood Bros., Inc., and her insurance company as Zurich Insurance.

19. Elizabeth Foutz was an employee of Underwood Bros., Inc., an Arizona

corporation doing business as A.A~1 Landscape.

20. The caz Elizabeth Eoutz was driving at the time of the collision was a car that

AAA Landscape owned.

21. As one of the benefits of being an employee of AAA Landscape, Elizabeth Foutz

had the right to use a cor~npany car, which was the car she was driving and that she crashed into

James McGee's car.

22. 4n or about September S, 2012, Elizabeth Foutz signed a "Driver Policy and

Agreement" presented to her by her employer, AAA Landscape. A copy of the "Driver Policy

and Agreement" is attached as Exhibit 1.

23. The "Driver Policy and Agreement" stated that: "Company vehicles are not to be

used for personal errands/use." See the attached Exhibit 1.

24. The "Driver Policy and Agreement" also stated that: "Employee discipline may be

given for violation of any of the items in this policy, and is not limited to the items in this

policy." See the attached Exhibit 1.

25. Above the signature block, the "Driver Policy and Agreement" contained the

fallowing provision: "My signature below. indicates that I understand and agree to abide by this

policy. I understand that failure to do so may result in employee disciplinary action up to and

4

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including termination." See the attached Exhibit 1.

26. The "Driver Policy and Agreement" contained no provision related to the grant,

denial, or provision of insurance and provided for no denial or revocation of any insurance

coverage if an employee such as Elizabeth Foutz was driving her company caz for personal

errands or for personal use. See the attached E~chibit 1.

27. Zurich American Insurance Company ("Zurich"), a New York insurance

company, insured Underwood Bros., Inc., doing business as AAA Insurance, under Policy No.

BA,P 3888940-4$. A copy of the Zurich insurance policy is attached as Exhibit 4.

28. The owners, operators, andlor managers of AAA Landscape knew, or should have

known, that Elizabeth Foutz was using her company caz~ for persanaf purposes as well as for

business purposes, but allowed her to use her company car for personal purposes.

29. The owners, operators, and/or managers of AAA Landscape knew, or should have

known, that Elizabeth Foutz owned no motor vehicle of her own and that the motor vehicle she

had been operating before the motox-vehicle collision and that she was operating at the time of

the motor-vehicle collision was an AA,A Landscape motor vehicle.

30. On August i 7, 2015, James McGee and his wife, Delores McGee, filed a personalinjury Complaint against Elizabeth Foutz under the title of McGee v. Fautz, Maricopa County

i Superior Court Case No. CV 2015-01 d l S 1.

31. Zurich was provided with a copy of the Complaint and was requested to defend

and indemnify Elizabeth Foutz.

32. Zurich refused to defend or indemnify Elizabeth Foutz.

J

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33. On October 12, 2015, Zurich sent a letter entitled "Declination of Coverage" to

'Elizabeth Foutz, to ,AAA Landscape, and to Elizabeth Foutz's lawyer. A copy of the

~ "Declination of Coverage" letter is attached to this Complaint as Exhibit 2.

34. On Page 3 of the October 12, 2015 "Declination of Coverage" letter, Zurich stated

~ that: "Zurich will neither defend nor indemnify you for any damages awarded to Mr. McGee."

~ See the attached Exhibit 2.

35. In the October 12, 2015 "Declination of Coverage" letter, Zurich did not identify

any provision in the Zurich insurance policy that excluded liability-insurance covexage when

one of the A.AA Landscape motor vehicles was being operated for personal use ox when one of

the AAA Landscape motor vehicles was being operated by someone who was under the

influence of alcohol. See the attached E~chibit 2.

36. Instead, the only reason for denying coverage that Zurich identified in its October

12, 2015 "Declination of Coverage" letter was that "Zurich has determined that you did not have

permission to drive the vehicle owned by AAA Landscape." See the attached Exhibit 2.

37. The Zurich insurance policy states as follows: "We will pay all sums an `insured'

legally must pay as damages because of `bodily injury' or `property damage' to which this

insurance applies, caused by an `accident' and resultiang from the ownership, maintenance or use

of a covered `auto."' A copy of the Zurich insurance policy is attached as Exhibit 4.

38. The Zurich insurance policy defines an "insured" to include anyone using a

covered auto that AAA Landscape awned, hired, or borrowed. At the time of the collision,

Elizabeth Foutz was using an auto that AAA Landscape owned, hired, or borrowed. Elizabeth

C

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~ Foutz was therefore an insured under the Zurich insurance policy. See the attached Exhibit 4.

39. The Zurich insurance policy's "Coverage Extension Endorsement" defines "bodily

~ injury" as meaning "bodily injury, sickness ax disease, sustained by a person including death or

(mental anguish, resulting from any of these at any time. Mental anguish means any type of

mental or emotional illness or disease." See the attached E~thibit 4.

40. The Zurich insurance policy defines "auto" as meaning a "land motor vehicle,

`trailer' or semitrailer designed for travel on public roads." See the. attached Exhibit 4.

41. Elizabeth Foutz was an insured under the liability-inswrance policy that Zurich

~ provided to AAA Insurance.

42, Because Zurich failed and refused to provide liability-insurance coverage to

~ Elizabeth Foutz and failed and refused to defend her in the lawsuit filed against her, Elizabeth

~ FouEz was left without liability-insurance coverage for the motor-vehicle collision of January 16,

~ 2015, and fox the massive damages that James McGee had su€fered.

43. Elizabeth Foutz believed the lawsuit the McGees had brought against her would

result in her financial ruin.

44. Instead of facing the sharp thrust of personal liability for massive damages with no

J liability-insurance coverage, Elizabeth Foatz wanted to shield herself from personal liability that

J was faz in excess of what she could possibly afford to pay.

45. Therefore, in ari "Agreement and Covenant Not To Execute" executed on March

~ 29, 2016, Elizabeth Foutz_ and 3ames McGee stipulated and agreed to the entry of a Judgment

~ against Elizabeth Foutz and in favor of James McGee in the amount of $5 million with interest

]~

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~ to accrue as provided under the Arizona Revised Statutes. See ¶ 27 of the "Agreement and

~ Covenant Not To Execute," which is attached as Exhibit 3.

46. In return, 3ames McGee agreed and covenanted not to ever execute, collect, or

~ otherwise tzy to obtain the amount of the stipulated Judgment from the assets of Elizabeth Foutz,

~ her beneficiaries, heirs, agents, and/or assigns and to only seek to enforce the Judgment against

~ any applicable insurers. See the attached Exhibit 3 at ¶ 28.

47. Elisabeth Foutz assigned to James McGee. all right, title, and interest that she had

~ in the Zurich insurance policy, and any and all claims and causes of action that she had or may

~ have that were in any way related to the Zurich insurance policy and arising out of events ar

actions that occurred in the motor-vehicle collision of January 16, 2015. See the attached Exhibit

S at¶29.

First Claim for Relief

(Breach of Contract)

48. In this ctaim for relied Plaintiff re-alleges all paragraphs of this pleading and

incorporates each and every allegation by reference, as if fully set forth within it.

49. At the time of the motor-vehicle collision of January lb, 2015, Elizabeth Foutz

was an insuz~ed under the tez~ms of the liability-insurance policy that Zurich American Insurance

Company ("Zurich") provided for Underwood Bros., Inc., an Arizona corporation doing

business as AAA Landscape ("AA.A Landscape").

50. At the time of the motor-vehicle collision of January 16, 2Q15, the motor vehicle

that Elizabeth Foutz was operating was covered under the terms of the liability-insurance policy

that Zurich provided for AAA Landscape.

8

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51. Despite the fact that Elizabeth Foutz was a driver inswred under the Zurich

liability-insurance policy and was operating a motor vehicle insured under the Zurich iiabilityinsurance policy when the subject collision occurred, in an October 12, 2015 letter to Elizabeth

Foutz, Zurich unequivocally told her that its policy "does not provide coverage to you and will

~ neither defend or indemnify you in the lawsuit that has been filed against you." See the attached

~ Exhibit 2.

52. Zurich had a contractual duty to provide liability-insurance coverage,

~ indemnification, and defense for Elizabeth Foutz.

53. Zurich breached its contractual duty to provide liability-insurance coverage,

indemnification, and defense for Elizabeth Foutz.

54. Because of that breach of contract, Elizabeth Foutz had as protection from the

substantial damages confronting her because of the motor-vehicle accident that she had

negligently caused on January i 6, 2016.

55. The direct damages that Zurich caused Elizabeth Foutz to suffer by breach of the

Zurich liability-insurance poiicy aze liquidated in the amount of $5 million. She was entitled to

an award of those liquidated damages, plus statutory interest at the highest legal rate allowed

under A.R.S. § 44-1241.

56. In the alternative, Elizabeth Foutz was entitled to such other damages for breach of

contract as the jury deems proper, plus pre judgment interest on that amount at the highest legal

rate allowed by A.R.S. § 44-1201.

57. To protect herself fiom the consequences of Zurich's breach of contract, Elizabeth

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Fautz assigned all of her claims, rights, and interests under the Zurich Iiabitity-insurance policy

~ and concerning the breach of contract to James McGee.

58. James McGee naw has the right to assert those claims, rights, and interests in this

~ litigation.

59. James McGee is therefore entitled to Judgment against Zwrich for reasonable

damages for breach of contract, plus pre judgment and post judgment interest on those damages

at the highest legal rate allowed by A.R.S. § 44-~2Q1, from their due date until Judgment in this

matter is entered, as well as consequential and incidenta.t damages in an amount to be proven at

trial, plus reasonable attorney's fees under the terms of A.R.S. § 12-341.01{A).

Second Claim for Relief

(insurance Bad Faith)

60. In this claim for relief, Plaintiff re-alleges all paragraphs of this pleading and

incorporates each and every allegation by reference, as if fully set forth within it.

61. Every insurance policy, including the Zurich liability-inswrance policy at issue in

this case, has ate imptied fiduciary duty of good faith and fair dealing.

62. Zurich breached the duty of good faith and fair dealing that it owed to Elizabeth

Foutz by intentionally failing and refusing to acknowledge insurance coverage for Elizabeth

Foutz, by intentionally refusing and failing to indemnify her, and by intentionally failing and

refixsing to defend her, without a reasonable basis for those actions. Zurich's conduct was

insurance bad faith that breached the duty of good faith and fain dealing.

b3. Zurich knew or should have known that it was acting without a reasonable basis.

Zurich's conduct was insurance bad faith that breached the duty of good faith and fair dealing.

is

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64. Zurich failed to perform an investigation or evaluation adequate to determine ~

whether its action was supported by a reasonable basis. Zurich's conduct was insurance bad

~ faith that breached the duty of good faith and fair dealing.

65. In all aspects of investigating or evaluating the claim against Elizabeth Foutz,

~ Zurich was required to give as much consideration to Elizabeth Foutz as it gave to its own

1 interests. Zurich failed to do that. Zurich's conduct was insurance bad faith that breached the

i duty of good faith and fair dealing.

66. Zurich's breach of the duty of good faith and fair dealing was a cause of harm,

injuries, and damages to Elizabeth Foutz, which compelled her to protect herself by assigning

~ her breach-O~-COII~i'?iCt C~a~1Y15, insurance-bad-faith claims, and all other relevant claims, sights,

~ and causes of action against Zurich to ]ames McGee.

67. If Zurich had offered to use a portion or all of the liability-policy limits available

under its liability-insurance policy, the $5 million Judgment could have been avoided.

68. Zurich is liable for committing insurance bad faith.

69. The direct damages that Zurich caused Elizabeth Foutz to suffer through its

insurance bad faith are liquidated in the amount of $5 million. She was entitled to an awaxd of

those liquidated damages, plus statutory interest at the highest legal rate altowed under A.R.S. §

~4-iaai.

70. In the alternative, Elizabeth Foutz was entitled to such other damages for

insurance bad faith as the jury deems proper, plus pre judgment interest on that amount at the

highest Regal rate allowed by A.R.S. § 44-1201.

it

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71. To protect herself from the consequences of Zurich's insurance bad faith,

Elizabeth Foutz assigned all of her claims, rights, and interests under the Zurich liabilityinsurance policy and concerning Zurich°s insurance bad faith to James McGee.

72. James McGee now has the right to assert those claims, rights, and interests in this

~ litigation.

73. James McGee is therefore entitled to Judgment against Zurich for reasonable

damages for insurance bad faith, plus pre judgment and post judgment interest on those

damages at t11e highest legal zate allowed by A.R.S. § 44-1201, from their due date until

Judgment in this matter is entered, as well as consequential and incidental damages in an amount

to be proven at trial, plus reasonable attorney's fees under the terms of A.R.S. § 12-341.01(A).

WHEREFORE, in light of the above allegations, Plaintiff prays for Judgment against

~ Defendant Zurich American Insurance Company, as follows:

1. for damages for breach of contract in an amount to be determined at trial;

2. for damages for insurance bad faith in an amount to be determined at trial;

3. for reasonable attorney's fees against Zurich under A.R.S. § 12-341.01(A);

4. for pre judgment and post judgment interest on all damages to the fullest extent

allowed by Arizona taw;

5. far costs of suit incurred herein and accruing; and

6. for such other and fiu~ther relief as the Court and jury deem just and proper.

//

//

12

Case 2:17-cv-04024-DGC Document 1-1 Filed 10/31/17 Page 16 of 136
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DATED this ~~ aay ofd+_, Zai7.

MICK LEVIN, PLC

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Mick Levin

Co-Counsel for Plaintiff

List of Attached Ezhibits

Exhibit Description

1. "Lhiver Policy and Agreement" (Sep. 5, 2012).

2. "Declination of Coverage" letter (Oct. 12, 2015).

3. "Agreement and Covenant Not To Execute" (Mar. 29, 2016).

4. "Zurich American Ins. Co. Policy No. BAP 3888940-08.

13

Case 2:17-cv-04024-DGC Document 1-1 Filed 10/31/17 Page 17 of 136
Case 2:17-cv-04024-DGC Document 1-1 Filed 10/31/17 Page 18 of 136
. ~

~a taat~~aroa near+Yns ca

rw

Arive~olia~r ~ ~g~eeman~

~mplaye~: Ernptoyeaf[hiver N~rne• ~~i ,~..,~ .

D~ber; - - - SupervtsarlForeman:

Dfvfslat~: Maim ✓ Canst _ "Special PtoJects~ Mecf~._.___ Ch~nicat Other

Joh Name: Job Number.

Only epprnved AAA (..andecapa srnployees may become Authorized Drivers. As an Author

Driver for AAA Laadsce~ps~ the ~mploy~e named above agrees to fhe fol~ow(ng company po~(cyr,

Daflnttions;

A,~i ver fs the empipyee atsttwri~ed by AAA Landscape to aparat~ the vehicle.

yefilcie inclades any self-propetted vehicle of airy size, used foP IransporfMe passengers,

pro~ierty and towing trailers.

grlvars are held accountable to abide by tha fntlo~ring p~tcy ltema, even though this Ifst of Hems

may not constitute the oomplete list. employee dlscfpNne may be gluon for v(ofatlon of ar~y of the

items in this policy, and is net Ilm[ted to the itQms to this polcy.

4. `1'he driver shall be respons~lalor..th~~aFe acid legal t~agspa~ation~of~ vet~e~e; tie - • -. - . —

trali~, and its contents including all passenflars.

2. The drivar shall perform dally pre-trip Inspedians of the vehicle and taller, and shalt

.perform weekly (r►sp~cElo~s to Include a vehicle {nspectlon form. (Sep Pre-Trip Inspection

tralt~in~ &heat.)

3. 'ft~ driver end ali passcannars must remain seated and "buakted up" whga the vehicle is

In motlon.

4. Our vehicles are equtppeti with ~ob81 poslBoNn~ system {pPSj. Our veh(des are

moiiftorec! to4~ spoad, locatlon; and route, to ~ncreasa oar fleets' eNioiency. Drhrers maybe

subject to disdpline for: late arrival ar early depa~tur~ Wnes~ unnecessary en~lna idle

ume, (aver 5 minutes) use of vehicle after work ha~ra, and other pot~tlal misuses ~f

company lima andlar property.

5. The driver shalt ab6de by ai! laws, Including speed flmite. !f a driver is tamd exceeding tie

speed Umit by S~APH nr mare he/she may fx~ eubjocE fo employee disdpl{nacy

procedures. Whin lowing a trailer the driver must not e~ccead 85MPEi even if the pasted

speed Iimit Is more

Case 2:17-cv-04024-DGC Document 1-1 Filed 10/31/17 Page 19 of 136
6. Ce11 pE~anes ahouid not be used whrie ~rlving, f~awever hands-froe devlc~es~ere'eillow~•,

when communication u~nnot waif ~:. . x.s~, ,, r .

T. to accordance with 1aca1 taw and company policy there to na smoking a1~ci~d,ln tFti~ .

vohl~s.

8. '~'i~e driver vulil not eat or dr~k wh!!e Nie vehide f~ !n moila~t. .

g. If the driver is kasued a irafflc Uaket by law e~orcemenk, it is the respohslMlity of the

em~loyee~ not AAA Landscape to satiety ttre ~equirememts ~f Ih~ cliatlon. Thfg inatudes . .~

moving vlotatla~, partc~ viofatbne. reg~sUatton and h~aurance vbiaftons, and etl other

•-v1~Iattaha.

10, if a driver incurs a trafif~a ttdcet on or ofl company time ltie aikaHon must be repa~ted to

Human Resources immediately. A~ drhters ateo agree to random and perladEa MVR

checks.

~,~i 1. Company vahides at'e noE to be used for pB~atinai d~r~ndgtise.

12. Gompar~Y yeF~blos must ba kept dean at aR gmea, Inslda ar~d out, it ~ company p~liay to

wash fhe vehfda at leant once pe{ weer - ~ .

13. Any damage eveq minor cia~age, to the vefilate. 1!~r, or equipment must be reported

to your sup~t~`Tan'rimmedt'el~ely.'In use of a molbr Rtcle acotaii~44 you must ~e ~y t~

company's Motor Vehtale Aoak~er►t Praiedu~res.(Sea "Mafor Vehlde Acddent

94. allure to report any damage to oompEmy property N~otud~ng comp~y vehicles may result

In empt~Y~e pe►l►ro11 deduotlon(s) to pay for suds damages.

My slgt~alvre betoav Indic~te~s that I utxlerstand and agree to abide by thin pvllcyr, i understand

that faflu~e to do ao may reauR in emplay~e dlsdptin~ry action up to and Inoludlr~

termlha8art. ..

Print NatYte ~

sign lure Date 5

ROAD TEST 5iN(3-0~~:1 have (ns~ucted the above employee re~rding AAA l.andacape'a

U~iver.Poll~YhRte;T~l~, end Motq+:,~ehiota Acpident Procedy~es and I helve obeetved their

safe op~ratbh a'F tfi~ vehldd d~rtng a ~`eh~;the inr}i~el ~asd t~s~';' .

',

Print Name„_,_, _~~ __~n ~ ~ ~<,~~~'rslgnature ~ ' •.,_.. Data 9 - ~ - /.~. _

,.

~..

Case 2:17-cv-04024-DGC Document 1-1 Filed 10/31/17 Page 20 of 136
• ~

ACKNaV1/LEDCEMENT OF RECEIPT ~JF EMPLOYEE HANDB4(JK

1 acknowledge receipt of AAA Landscape's tsometimes referred to as the

"Company") employee Handbook dated August 'f, 2D09, 1 understand that if l have

any questions abort 'the Employee Handbook, i can ~ and should can~act my

supervisor, the Human Resources Office or the Chef Executive Officer CEO) of the

Company. 1 also understand that the Employes Handbook is Company property that

must be returned at the end of my employment vuith the Company. ! understand that

my employment is `at will' ar~d maybe germinated, with or without cause, and with or

without notice, at any time by me ar the Company. l understand that no empiayee or

represenfiative of the Company has any authority to maks any oral or lrn~lied

agreement contrary to the foregoing, and that na course of conduct by the Company

or ifis represenfiatives wlfi~ alter the 'at will' naEure of my employment. 1 understand

#hat the `at-will' nature of my employment can be modifed only by an express wrl~ten

agreemen# signed by tfie President ar CEO of the Company.

understand and acknawled~e that there may be. charges to the information,

pol(cies, and benefits in fihe handbook. The on(jr exception is that AAA Landscape

will hot change or canoe) ifs etllpioyment-ataivlll poEicy. I understand that AAA

LartdsGape may add new pol~aies to the handboo[c as well as replacQ, change, or

cancel exls~ing po~ictes. I understand thafi handbook changes can on{y be authar~zed

by the execufi~ve management of AAA Landscape,

C undersfiand ghat this ~mployeQ Handbook is provided as an informations[ guide

on[y, ~anid fihat the con#en#~ of,the Employee Handbook do not constitute a coritract~of

empfvyrnent and may not be regarded or relied upon as such. I understand that the

Company may mod~jr, revoke or change any of the provisions contained in this

~mplo~ree Handbook ~t any time without notice to me.

t understand ~ha~ ~t ~is my respons~b~lity to read and

follow the ~oiicies contained in this ha~ndboak and any

changes made to ~t.

Print Name: ,~~ ~ " 

T

`~v~,rt

Signature , • Date: ~~ b(i

Case 2:17-cv-04024-DGC Document 1-1 Filed 10/31/17 Page 21 of 136
Case 2:17-cv-04024-DGC Document 1-1 Filed 10/31/17 Page 22 of 136
ZU R[CH

o~~t~ i2, zois ~ ~ (~ ~ ~ ~ ~ 1

t1 r ~~` ~ ~~ ! ~ 

:~ i i ~

DECLINATION 4F COVERAGE

Ms. Elizabeth Fautz

2105 E, Sunland Avenue

Phoenix, Arizona $5040

RE: Tnsure~: Underwood Bros., Inc. DBA: AAA Landscape

Claimant: James McGee

Date of Loss: l/i6/2015

Location: Arizona

Zurich #: 469U291093

Creative Risk #: VA4C2(}062415037'763

Business Auto Policy No.: BAP 3888940, for the 07/1/10 to 07/Q1/11 tern

Dear Ms. Fouts

'This letter is intended to infoml you that Underwood Bros., Inc. DBA►; AAA Landscape's

`AAA Lands~ape'~ Third Party Claims Adminishator, Ct+eative Ris1c Services has completed an

investigation surrounding the automobile accidea~t of U16/2QI5 and has presented the facts of the

accident and clainns to Zurich for an analysis of coverage. Zurich American I~as~uance Company

~"Zwrich")j has reviewed tl~e claim in conjunction with me t~extns of coverage available to AA.A

Landscape,

Asa res~ilt of this review of the claim, the respective Policy, and the applicable law, Zurich

has determined that you did not ]lave permissiax► to drive the vehicle ,owned by AAA Landscape:

Zurich therefore has determined that the policy listed above does not provide coverage to you and will

~it~er defend or indemunify you in the lawsuit that bas been filed against you. After you have had the

opportunity to review this Leiter, please feel flee to contact as with any questions.

I. $ACKGROUI~ID FACTS

The claim arises out of an auto incident whereby claims for properly damage and bodily

injury have been asserted by Mr. dames McGee. It is reported thmt you, an AAA Landscape eanployee,

were operating the company's vehicle at the time of a collision wittln Mr. McGee's vehicle.

You have stated that you were outside the scope of your employment at the time of the

accident, 'Ihe employment manual provided to you and the drivex policy and a~ement clearly state

Case 2:17-cv-04024-DGC Document 1-1 Filed 10/31/17 Page 23 of 136
ti~at AAA Landscape vehicles are not to be used for personal errands. You signed tfie receipt far the

employee h~adboak on 6/13/11 and the driver poticy and agreement on 9/5/12. You vwere aware that

the AAA Landscape vehicle was not to be used for persox~l basiness. You vvere driving the vehicle

without the permission of AAA Landscape at the time of the accident on 1116/15.

The complaint alleges that you were driving under the influence of alcohol at the time of the

ac;ciden~ The police report indicates that you were also cbarg~ed with a DUT at the time of ~e avcciden~

Per page 34 of the employee manual vehicle usage under the influence of alcohol is not allowable.

II. Al'PI.iCABLE POLICY PROYJS[ONS

As discu.~sed more fully below, the following policy provisions apply to exclude coverage to

the operator.

The BAS' Policy

SECTION Y —COVERED AUTOS

Item Two of the Declarations shows the "autos" that are covered "autos" for each of

your coverages. The following numerical symbols describe the "autos" that may be

covered "aatos". 'The symbols ~nnttered next to a coverage on the Declarations

designate the onty "autos" that are covered "autos" a

A. Description Of Covered Auto Designation Symbols

S bol Descri tion of Covered Auto Desi ton S 6ols

1 An auto

SECT[4N II-LIABILITY COVERAGE

A. Coverage

We will pay all stuns an "insured" legally must pay as damages because of

"bodily injury' or "property damage" to which this insurance applies, caused

by an "accident" and resulting from the ownetxhi~, maintenance or use of a

covered "auto".

]. Who Is An Insured

The following are "insureds":

a You for any covered "auto' :2

t The Ded~ativns iden~fy v~vered autos wifh the symbol °9".

x The Policy states that °ytw° refers to the named insured(s).

• Page 2

Case 2:17-cv-04024-DGC Document 1-1 Filed 10/31/17 Page 24 of 136
b. Aayone else while using with your ~~ermission a covered "auto" you

own, hire or borrow exc~

(1) Tie own~x or anyone else from whom you hate or borrow a

covered "auto". This exception does not apply if the covered

"~trto" is a "trailer" connected fio a covered "auto" you own.

(2) Your "employee" if the covered "onto„ is owned by that

"employee" or a member of his ar her hous~hald

(3) Someone using a covered "auto" while he ox she is working in

a business of selling, servicing, repairing, parking or stoning

"autos" unless that business is yours.

(4) AreYone other than yowc "employees", paQiners (if you are a

P~~P)~ members (if you are a limited liability companY),

ar a lessee or bot~rower or any of their "~nplayees", while

mov~tg property ho or fmm a c~vereci "autd'.

(5) A partner (if you are a parhnersh~ip), or a member (if you are a

linnitsd affability company} for a covered "auto" owned by him

or her ar a member of kris ox her household

c. Anyone Iiable for the conduct of an "insured" described above but

onty to the extent of than liability.

B. Exclusions

This insurance does nat apply to aay of the following:

1. Expected Or Intended Injury

"Bodily injury„or property damage" expected or intended from the standpoint

of the "insuc+ed".

IV. CONCLUSION

For the reasons stated above, Zurich will weith~er defend nor indemnify you for any damages

awarded to Mr. McGee. We suggest you put your personat auto carrier and/or any otl~r housekald

member's auto insurance carrier on notice for this accident sa as to not prejudice any coverage you

may have under any other policy.

• page 3

Case 2:17-cv-04024-DGC Document 1-1 Filed 10/31/17 Page 25 of 136
Ztuich's nights to deny or limit coverage wig respect to the claims discussed above are not

Iunibed to the r+easans set out herein, but shall include aay other basis for non-coverage ar deni~ of the

daty to de~and that nnight be hereafter revealed. By enumerating the above-cited palicY Pm~~,

Zurich does not waive the rigb~t to subsequently assert additional provisions applicaYsle #o tb~ose cages

of acticm presently asserted, ar auy that may be assert~ec}, in the Petition, or which may became

applicable,

If you receive any additional inforniatian regarding this claim or if you are served with any

amended suit you should notify A~ Landscape and/or titeir'I'hirci Party Adntinistrator, Creative

Risk Services so an additional review of possible coverage may be completed. Ms, Deh Anderson is

the claims specialist and can be reached at 515-9745925. She is iocabed at P.O. Box 9207, Des

Maiaes, IA 503Q6.

Sincerely,

Zudch American Instu~nce Company

,o~°°~'s d't. 9~,~cht~t~

Joan M. Kenchi]c, SCLA

495 N. Keller Read

Maitland, FL 32751

(447} 667-8664

cc:

George McNeely

Hwman Resources

AA.A. LANDSCAPE

3747 E. Southern Avenue

Phoenix, AZ, 85040

Attorney ManiQae A. Simpson, attorney fnr Ms. Foutz

Thies, Lihn 8c Simpson, PLLC

304 West Clarendon Ave., suite 305

Phoenix, AZ 85013

• Page 4

Case 2:17-cv-04024-DGC Document 1-1 Filed 10/31/17 Page 26 of 136
Case 2:17-cv-04024-DGC Document 1-1 Filed 10/31/17 Page 27 of 136
AGREEMENT AN.p G~VENANT NC?T TD' EXECUTE

Ra ies:

7. At fi1i r~levanf times, .fames McGee was s married rrtan and resi#en~ of ~~Vlar~o~pa

.Gou~ity,.Arizona.

2. At~afl relevant tim~.s;.~lizabath Anne Foaatzwa~ a sir7gle v+toman and resident.gf

M~riaopa .County, A►~zari2i.

R~altals:

'~A gn.January 16, 2015, an a~cident:pccurre~! involving a vehicle driven by•James

McGee ar~d a vehicle driven by Eli~abetli Anne Foutz (hereinafter referred to a~ #k~e

"Accident").

4. .James McGee sus~ined bodily injury as ~ r'esUft af~the.Accideht:

,~. AYthe time of th~~ ~Acct~ent, the vehicle driven by, ~Ilzabeth.grmq. Foul was a

covered auto awned by Underwood. Brothers, lii~: dlblal AAA Landscape (hereinafter

r~~erred to as "AAA I.:~ri~sca~e°).

fi. At the time of the.A~~td~nt, Elizabeth Arne. F¢ut~ wed, npt ac~r►g In the ~ours~

and scope off' her emplaym~r~t with AAA Landscape.

7. .AAA Lan~scaipe insUi-ed ttt~ covered auto driven by Elizabeth ~Anrie~ Foutz

thnqu~i~ Zuric,~American 1nsc~rance C¢mp~n'y' (hereiriaft~r r'~fierred fo as "Zurich°) with a

policy n~rnl~er of BAP~88~94Q-0~ (a#tacl~e~ h~re~o as ~hibit 1 to ~thts.Agr~~ment °and

hereinafter referred to as the "Policy°~.

8. The Policy provides $~1,0a4,000:b0 of coverage far'~all sums ~n ~insui~d'~ legally

.... . ,.

.mus~:pay beca~,se of ~~bo~ily friJury':..e~us~d .by ~~n 'a~videht' aril resulting f.,roin.ttie,~:;.

4~s.,e .of a cgver~d ~'auto'~:" She Exrt~bit ~I.~ P. 33.

~. The Policy def(ries a~ "~nsut'ed" as u(y~pu for.any cav~ret! 'auta' ~[artid.a~nyo~e•else

'while using, wifh your permEssiot~ ~.eov~red 'auto''you awn...°. Sep Eathibit ~i, p, 3~.

10,. Jam~s.Mc~Qe. filed a taw~t~[~ against Eltzabe~h ~4nrte.~out~ !n Nfaricopa ~ou~ity

~upertgr Court, ~a5~e. number ~V.~015-~.1 Q1.51' (h'.er~Ina#ter r~feRed :~a. ~~'i~h~e "Law~ui~~

for tiadily~inj~Iry~JaFn~~s M~Gee:sustalrled in'the Ao~aid,~r~t vuith Eli~abetk~..Attne~.F+outz

whl!$ driving ~ covered auto.

Case 2:17-cv-04024-DGC Document 1-1 Filed 10/31/17 Page 28 of 136
11. Zurich was provided. a copy of the L.aWsuit and a quest #o both °d~fet~d ar~d

.indemnify Elizabeth Anne Foutz.

1~: Zurich ~`efused to provide ~ defense w~ the lawsuit and i~ndemni~~ation to

EI,~Zab~th Anna Fou#z for any..judgment aw~rcled ~g~ir~st her,as a.resuft of the Acddant

in the Lawsuit. y

i

13. Zurich's denial of coVera~e was expressed in a letter dated O.ctaber 12, 201 S

addressed to E(izab~th Anhe Foufz (attached hereto as Exhibit ~ and hereinafter

r~fer~d to as the "Declination Letter").

1~. Acuorcling to the, De~inatlan getter, the sole. r~.a~or~ fir Zurfc~'s denial of ~

defense anal indemtiifleat(gn was because Elizabeth Anne Fou#z "did not have

perii~issibn #o drive the Veliiale oYvried try AAA Landscape

15', A~Gord[n~ to the declination k.~tter, this con~l~5fa~n was reached based upon

ir~fot~ma#Ion cortEained in AAA Landscape's Driver Policy and Agr:~em~rit ~af~ched

he~~fo as Exhibit ~ and hereinat~er referred to as the "priver Poficy") and AAA

~.aridscape's Employee Handbook (attached hereto as ExFiibit~ ~ and herelrlafter referred

#o as the "Employee .Hand~o~lc"~. s

~ ~~. On September 5, 2012, EEizabeth Anne Fb~z and an authorized representative

of AAA f.ar►dscape' agreed that Elizabeth Anne Fnutz was ain Authorlied C~river of AAA

landscaping Vehictes~ and dac~imente~ such ire fhe Driver Polity.

17: The Driver Poficy indicates that an Authprized. Driver may be subJect to discipUne

if the Authorized Driver fads to ~bki~ by the Driv+~r Polic:yr, i

~18. The Driver Policy rewires that an Authorized .Driver; among ath~~ tning5, abid.~

all. traffic laves, rema~li seated end buckled up v~►I~ile the cbve~~d. a~ito fs ire m~tfon, tlpt

use a cell phone white opsC~ting the cauer~d auto, not ea# or. ~drirtk while the covered

auto is l~ motion, keel the GOvered auto clean at ail times, and twt use the cover.~cf aura

far per~or~a! use.

1~9, According'to the Driver Policy, EHzabeth.Anlie F~outz's signat'u~e an tf~e~ D~ivar

policy indicated th~t:~he "un~grs#[godj ~n~ agree,[d] to aide by the pallcy::,[and~., that

fi~ilur.~ ~tp .dci so m fight] .resuEt in employee ~isdiplin~ry action up to :and including

~~rmi~~tion ~.

20, The„Driver Poticy doss not indicate that violation bf the terms ~of the Driver Policy

constituted I~ck of permissEc~n tp'use the covered ~~uto,; that an fluthorized L~~ive~ would.

not be provided a defense ar indemnifl~atlon If inYolved in an Ac~idenf; 'or that an.

Case 2:17-cv-04024-DGC Document 1-1 Filed 10/31/17 Page 29 of 136
Au~hgrized Driver could be fir~ancjally ruined if involv~d'in an.Accid~n~~~vNhite in vtgl~~ioh

~f the Diver Rolicy.

2't. Ttt~ Em'pfoyee H~ndboak~indiaates that "if ~om~~ny equipfnant,+.is riam~g~d,

tosfi oP destroyed through employe carelessness,, the .responsible. ~mpl~yae w~1i he

ah~rged u,~ to 1 QO'/Q of the rust of repairing or.repl~.clr~~ the equfprr~erit° end that "[a ny

use af.aicahol...Es proh~bitedt yvhsthe~ vh or aff the ~mpany's.time, where said use

resuits'in alcohol 'or drugs being present in an employee's body whfle~ at work."

22, The Employee Handbook does not indicate that viola#lore of the.Xerms of :the

~mplayee.Fiandboak canst€tuterd tack of permission tQ use.the coyer~d auto; ~~t an

employee. would not be provided' a defense or tn~smri}fi~atinn ~f Involved in $~n Accident;

or that an .errigEoyee could be financially responsible for ~any~hing mote than the cost of

repalrtng or replacing ttie v~hicfe if involved in an Acatderit~

~~. ~~izabeth Anne Houtz was. npt~a~ work a~ in .the course and s~gpe; of ~h~er~~,uti~s

with AAA Landscape at the time of the AcCid~n~

24. At the ttrne.Elizabetti Aerie. ~tiutz became an Authorized Drlver~ AAA Landscape

knew tha# ~lizabefh Anne Foutz gr~tried nQ ~bliis~ vehi~cle~ than'~lie AAA Landscape

yehic~e and Elizapeth Anne Fob had no pthet automo~ile~insuranc~ covQrage th~rt

wo~l~ apply to file Accident or defend or indemnify her in regar?~s to tha L~w$ul#.

25. Elizabeth Anne Foutz believes that the lawsuit would i~,~sult i'n her fr~anclal rtiiri.

~6, RatheX than face the sharp thrust.of. persa..r~al Ila~ilfty, Elizabeth Anne ~out~

wishes fq ~siiield herself #rom ~personat Uability~ far in excess of VVha# she ~ouid possih~ly

~fford'td pay. j

WHEF~EF4RE,. the parties her~by~ag~e ~~s fellows:

27.: Tli~e parties .~~pulate: at~d agr,.ee.tp.,ludgme~n~ agafrts~ ~.I.izabeth Anne Foutx ~r~d In

~av~or of .lames McGee. iti the amount of $5,000;OOO;gO wifM interest to accrue ~~ per

Arizona Revised Statutes in .tie amount of 4.25% annually.

2S, dames McGee covenants ~o #a ey~r execute;~o~Iect, or ot~~twi~~e .tr~r tq obtain

the ~mourit of~tti~~~~iputaXe~ judgment~frorrt the~aissets o'f.Eli~ab~~h..Ar~ne FbU~Z; her

lisneffctaries, heirs, agents, 2~n~lo~ assignees and to only+ seek'fo ~e~tiforce the judgment

~~ainst any applicable i►i'surers.

29: EI1z~be#h Anne F~utz assigns to. James, McGee~all rights,,, ~~Ifilss., :and int~re~ts the

has f~i ftie Policy and any ~n~ all clalrris a~t1d .Muses of action ~Wt i~h she has qr may

Case 2:17-cv-04024-DGC Document 1-1 Filed 10/31/17 Page 30 of 136
bave~ ~aga[nst Zurich in 'any way rel~tad fo tine Palley and arising but of ~events.or actions '

ffiat.o~ccurred in the Aceid~nt.and as alleged in the Lawsu[t..

30. This Agreement shill be ~gov~med by'the ~{aws of the State of Arizona.

3

31. Any porEi~n of this Agreement found, to be contrary ko. ~h~ i~~nr sh~li be~ severed

from this Agre.~:mer~t and the remaining portions of this Agreement shall r~►main in full

farc~'and effect:

~2. Each party has had the ~ful!' op~portunity.to. consult an a#tarney, ~t their bwn~

expense, regarding the,~c reement.and has siEher donQ so'or e.+xpressly w~iv~s their

rlghk fia do so.

33. The parties enter into ihis.Agre~rrient freely and ,are•not under any undue

influence or duress.

34. This Agre~tiient 'supersedes ~riy.past aral or wri#ten a~ree~ient between file

part{es andlor their attorneys.

35. This ~s the entire •agreement •and ,na. other arai ar written agreements shaEl'act to

modity~ eXparid, or detract Tram this Agre~m~nt.

3Q. TFii~ Agreement Is not the pro~d~~t of fraud ~r c~ilusion.

37. The parties affirm that all of the irifomtatfon ~or~tained iri this A.gt~eMeiit, upon

infiormation and belief, ~is~tru~.to tliie best bf their kr~owl~d~e ~rtd agree tt~.testtfy in'

~~cardanCe with'theterms of thtS agreement.

38. :James McCee.agree$~that..at tie conclusion Qf~all ligation regarding.th[s ma~t~r;

Jams Melee will ~fil~ a. ~Satisfac~fon of Judgment regarrlit~g the i:awsui# wi#tj,tFie

~la~'lcapa County Superior Court.

Executetl an ~his~ day of ,~ -, .2Q16 by:

t1~~1~~!~ .r. ~ •. ~~_~.

Executed an thi.$ 3a'~d~y of ~; 2Q~6 b~:

Games MCGe~

Case 2:17-cv-04024-DGC Document 1-1 Filed 10/31/17 Page 31 of 136
Case 2:17-cv-04024-DGC Document 1-1 Filed 10/31/17 Page 32 of 136
__ _ 

~~

ZURICH

ZAIC 100

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ZURICH

~,~~ ,o,

Case 2:17-cv-04024-DGC Document 1-1 Filed 10/31/17 Page 34 of 136
ZURICH

~Z:I:~~II~II~I3

05-01-2014 at 12:01 A.M.; Coverage ends 05--01-2015

❑ Individual [] Partnership ~ Corporation

ZAIC 1Q2

Case 2:17-cv-04024-DGC Document 1-1 Filed 10/31/17 Page 35 of 136
o5—of—~.~

09192-000

ZAIC 103

Case 2:17-cv-04024-DGC Document 1-1 Filed 10/31/17 Page 36 of 136
ZURICH

President

Cam' ~,.~ ~ K.~.._._....r

1-800,?82.2y50

Emafl

ZAIC 10A

Case 2:17-cv-04024-DGC Document 1-1 Filed 10/31/17 Page 37 of 136
05-01-14

09192-000

L41C 105

Case 2:17-cv-04024-DGC Document 1-1 Filed 10/31/17 Page 38 of 136
ZAlC 106

Case 2:17-cv-04024-DGC Document 1-1 Filed 10/31/17 Page 39 of 136
All

1.

Z.

10

3.

4.

S.

B. C4anges

C

D.

ZAIC 107

z.

E~

4.

1.

F.

Policy

Case 2:17-cv-04024-DGC Document 1-1 Filed 10/31/17 Page 40 of 136
(e)

(b)

C~7

zAic X08

(1) (a)

(b)

(3)

D

Case 2:17-cv-04024-DGC Document 1-1 Filed 10/31/17 Page 41 of 136
(1~

~2)

(3)

(a}

D

(b)

ZAIC 109

D

Case 2:17-cv-04024-DGC Document 1-1 Filed 10/31/17 Page 42 of 136
SCHEDULE

ZAiC 110

Case 2:17-cv-04024-DGC Document 1-1 Filed 10/31/17 Page 43 of 136
m ~

2AIC 711

Case 2:17-cv-04024-DGC Document 1-1 Filed 10/31/17 Page 44 of 136
ZURICH

~ ~ ~~

ZAIC 112

Case 2:17-cv-04024-DGC Document 1-1 Filed 10/31/17 Page 45 of 136
COMMERCIAL AUTO

CA 20 5410'! 3

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ tT CAREFULLY.

EMPLOYEE H1REQ AUTOS

This endorsement modifies insurance provided under the fallowing:

AUTO DEALERS COVERAGE CORM

BUSINESS AUTO COVERAGE FORM

MOTOR CARRIER COVERAGE FORM

With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless

modifred by the endorsement.

A. Changes In Covered Autos Liability Coverage 2. Any covered "auto" hired or rented by your

The following is added to the YYho Is An Insured "employee" under a contract in an

Provision: "employee's" name, with your permission,

,,, while performing duties related to the conduct

An employee of yours is an insured while of your business.

operating an "auto" hired or rented under a

contract or agreement in an "employee's" name, However, any "auto" that is teased, hired, rented

with your permission, while pertorming duties or borrowed with a driver is not a covered "auto".

related to the conduct of your business.

B. Changes In General Conditions

Paragraph 5.b. of the Other Insurance Condition

in the Business Auto and Auto Dealers Coverage

Forms and Paragraph 3.f. of the Other Insurance

Primary Md Excess Insurance Provisions

Condition in the Motor Carrier Coverage Form are

replaced by the following:

For Hired Auto Physical Damage Coverage, the

foNowing are deemed to be covered "autos" you

own:

1. Any covered "auto" you lease, hire, rent ar

borrow; and

CA 20 541013 m Insurance Services Office, Inc., 2011 Page 1 of 1

ZAIC 113

Case 2:17-cv-04024-DGC Document 1-1 Filed 10/31/17 Page 46 of 136
05-01-2014

05-01-2015

ZAIC 114

Case 2:17-cv-04024-DGC Document 1-1 Filed 10/31/17 Page 47 of 136
You;

m

ZAIC 775

Case 2:17-cv-04024-DGC Document 1-1 Filed 10/31/17 Page 48 of 136
COMMERCIAL AUTO

CA 23941013

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

SILMCA OR SILICA-RELATED DUST EXCLUSIC}N FOR

COVERED AU7QS EXPOSURE

This endorsement modes insurance provided under the following:

AtlTO DEALERS COVERAGE FORM

BUSfNESS AUTO COVERAGE FORM

MOTOR CARRIER COVERAGE FORM

With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless

modified by the endorsement.

A. The fallowing exclusion is added to Covered

Autos L}abtlity Coverage:

Silica Or Silica-related Dust Exclusion For

Covered Autos Exposure

This insurance does not apply to:

1. "Bodily injury" arising, in whole or in part, out of

the actual, alleged, threatened or suspected

inhalation of, or ingestion af, "silica" or "silicarelated dust".

2. "Property damage" arising, in whole or in part,

out of the actual, alleged, threatened or

suspected contact with, exposure to, existence

of, or presence af, "silica" or "silica-related

dusY'.

3. Any loss, cast or e~ense arising, in whole or

in part, out of the abating, testing for,

monitoring, cleaning up, removing, containing,

treating, detoxifying, neutralizing, remediating

or disposing of, or in any way responding to or

assessing the effects of, "silica" or "silicarelated dusY', by any "insured" or by any other

person or entity.

B. Additional Definitions

As used in this endorsement:

1. "silica" means silicon dioxide (occurring in

crystalline, amorphous and impure forms),

silica particles, silica dust or silica compounds.

2. "Silica-related dust" means a mixture or

combination of silica and other dust. or

particles.

CA 23 84 7013 ~ Insurance Services Office, Inc., 2011 Page 1 of 1

ZAIG 118

Case 2:17-cv-04024-DGC Document 1-1 Filed 10/31/17 Page 49 of 136
ZAIC i17

Case 2:17-cv-04024-DGC Document 1-1 Filed 10/31/17 Page 50 of 136
ENDORSEMENT.

ZAIC 116

Case 2:17-cv-04024-DGC Document 1-1 Filed 10/31/17 Page 51 of 136
ZURICH

uuc ~ ~s

Case 2:17-cv-04024-DGC Document 1-1 Filed 10/31/17 Page 52 of 136
ZURICH

ZAf C 120

Case 2:17-cv-04024-DGC Document 1-1 Filed 10/31/17 Page 53 of 136
INirwE

?LlCY PERIOD: From 05-OZ-2014 to 05-Q1-2015

~1fl~US POLICY NUMBER: BAP 3 8 8 8 9 4 0-

3RM OF BUSINESS:

~X CORPORATION ~ LIMITED LIAR

~ n

ZAIC 121

Case 2:17-cv-04024-DGC Document 1-1 Filed 10/31/17 Page 54 of 136
$1,x00,000

ENDORSEMENT MINUS

S 5.Q40

ZAiC 122

Case 2:17-cv-04024-DGC Document 1-1 Filed 10/31/17 Page 55 of 136
r _ -~

AZ

NC}T

ZA1C 123

Case 2:17-cv-04024-DGC Document 1-1 Filed 10/31/17 Page 56 of 136
OK

NU7

7AIC 124

Case 2:17-cv-04024-DGC Document 1-1 Filed 10/31/17 Page 57 of 136
NOT

TRIG 125

Case 2:17-cv-04024-DGC Document 1-1 Filed 10/31/17 Page 58 of 136
ZAIC Z26

Case 2:17-cv-04024-DGC Document 1-1 Filed 10/31/17 Page 59 of 136
zarc ~2~

Case 2:17-cv-04024-DGC Document 1-1 Filed 10/31/17 Page 60 of 136
ZAIC 128

Case 2:17-cv-04024-DGC Document 1-1 Filed 10/31/17 Page 61 of 136
ZAIC 129

Case 2:17-cv-04024-DGC Document 1-1 Filed 10/31/17 Page 62 of 136
N8leaye

1.

4.

ulc Tao

Case 2:17-cv-04024-DGC Document 1-1 Filed 10/31/17 Page 63 of 136
COMMERCIAL AU70

CA 00 01 1013

BUSINESS AUTQ COVERAGE FARM

Various provisions in this policy restrict coverage.

Read the entire policy carefully to determine rights,

duties and what is and is not covered.

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

refer to the Named Insured shown in the Declarations.

The words "we", "us" and "our". refer to the company

providing this insurance.

Other words and phrases that appear in quotation

marks have special meaning. Rater to Section V

Definitions.

SECTION I COVERED AUTOS

Item Two of the Declarations shows the "autos" that

are covered "autos" for each of your coverages. The

fallowing numerical symbols describe the "autos" that

may be covered "autos". The symbols entered next to

a coverage on the Declarations designate the only

"autos" that are covered "autos".

A. Description Of Covered Auto Designation

Symbols

S bot Descri tion Cif Covered Auto Desi nation 3 mbols

1 An "Auto"

2 Owned "Autos" Only those "autos" you own (and for Covered Autos Liability Coverage any

Only "trailers" you don't own while attached to power units you own). This includes

those "autos" ou a wire ownershi of after the lic be ins.

3 Owned Private Only the private passenger "autos" you own. This includes those private

Passenger passenger "autos" you acquire ownership of after the policy begins.

"AlJ10S" Onl

4 Owned Only those "autos" you awn that are not of the private passenger type (and for

"Autos" Other Covered Autos Liability Coverage any "trailers" you don't own while attached to

Than Private power units you own). This includes those "autos" not of the private passenger

Passenger #ype you acquire ownership of after the policy begins.

"Autos" Onl

5 Owned "Autos" Only those "autos" you own that are required to have no-fault benefits in the state

Subject To where they are licensed or principally garaged. This includes those "autos" you

Nafault acquire ownership of after the policy begins provided they are required to have na

fault benefits in the state where the are licensed or rinci all ara ed.

6 Owned "Autos" Only those "autos" ypu own that because of the law in the state where they are

Subject To A licensed or principally garaged are required to have and cannot reject Uninsured

Compulsory Motorists Coverage. This includes those "autos" you acquire ownership of after the

Uninsured policy begins provided #hey are subject to the same state uninsured motorists

Motorists Law r uirement.

7 Specifcalty Only those "autos" described in Item Three of the Declarations #or which a

Described premium charge is shown {and for Covered Autos Liability Coverage any "trailers"

"Autos" ou don't own while attached to an ower unit described in Item Three .

8 Hired "Autos" Only those "autos" you lease, hire, rent or borrow. This does not include any "auto"

Only you lease, hire, rent or borrow from any of your "employees", partners (if you are a

partnership), members (if you are a limited liability company) or members of their

households.

8 Non-owned Only those "autos" you do not awn, lease, hire, rent ar borrow that are used in

"Autos" Only connection with your business. This includes "autos" owned by your "employees",

partners (if you are a partnership), members (ifi you are a limited liability company)

ar members of their households but only while used in your business or your

ersonal affairs.

CA 00 01 1013 m Insurance Services Office, Inc., 2011 Page 1 of 92

L41C 131

Case 2:17-cv-04024-DGC Document 1-1 Filed 10/31/17 Page 64 of 136
19 Mobile

Equipment

Subject To

Compulsory Or

Financial

Responsibility

Or Other Motor

Vehicle

Insurance Law

Only those "autos" that are land vehicles and that would qualify under the definition

of "mobile equipment' under this policy if they were not subject to a compulsory or

financial responsibility law ar other motor vehicle insurance law where they are

licensed or principally garaged.

B. ~nrned Autos You Acquire After The Policy

.Begins

1. If Symbols 1, 2, 3, 4, 6, 6 or 19 are entered

next to a coverage in Item Two of the

Declarations, then you have coverage for

"autos" that you acquire of the type described

for the remainder of the policy period.

2. But, if Symbol 7 is entered Rext to a coverage

in Item Two of the Declarations, an "auto" you

acquire will be a covered "auto" for that

coverage only if:

a. We already cover ail "autos" that ,you own

far that coverage or it replaces an "auto"

you previously owned that had that

coverage; and

b. You tell us within 30 days after you acquire

it that you want us to cover it for that

coverage.

C. Certain Trailers, Mobile Equipment And

Temporary Substitute Autos

If Covered Autos Liability Coverage is provided by

this Coverage Farm, the following types of

vehicles are also covered "autos" far Covered

Autos Liability Coverage:

1. "Trailers" with a load capacity of 2,000 pounds

or less designed primarily for travel on public

roads.

2. "Mobile equipment" while being carcied or

towed by a covered "auto".

3. Any "auto" you do not own while used with the

permission of its owner as a temporary

substitute far a covered "auto" you own that is

out of service because of its:

a. Breakdown;

6. Repair;

c. Servicing;

d. "Loss"; or

e. Destruction.

SECTION II COVERED AUTOS UABI~.ITY

COVERAGE

A. Coverage

We will pay all sums an "insured" legally must pay

as damages because of "bodily injury" or "property

damage" to which this insurance applies, caused

by an "accident' and resulting from the ownership,

maintenance or use of a covered "auto".

We will also pay all sums an "insured" legally must

pay as a "covered pollution cost or expense" to

which this insurance applies, caused by an

"accident" and resulting from the ownership,

maintenance or use of covered "autos". However,

we will only pay for the "covered pollution cosk or

expense" if there is either "bodily injury" or

"property damage" to which this insurance applies

that is caused by the same "accident'.

We have the right and duty to defend any

"insured" against a "suit' asking for such damages

or a "covered pollution cost or expense". However,

we have no duty to defend any "insured" agains# a

"suit' seeking damages for "bodily injury" or

"property damage" or a "covered pollution cost or

expense" to which this insurance does not apply.

We may investigate and settle any claim or "suit'

as we consider appropriate. Our duty to defend or

settle ends when the Covered Autos Liability

Coverage Limit of Insurance has been exhausted

by payment of judgments or settlements.

4. Who Is An Insured

The following are "insureds":

a. You for any covered "auto".

b. Anyone else while using with your

permission a covered "auto" you own, hire

or tmrrow except:

~1) The owner or anyone else #ram whom

you hire ar borrow a covered "auto".

This exception does not apply if the

covered "auto" is a "trailer" connected to

a covered "auto" you own.

Page 2 of 12 ~ Insurance Services Office, Inc., 2011 CA 00 01 1013

ZAIC 132

Case 2:17-cv-04024-DGC Document 1-1 Filed 10/31/17 Page 65 of 136
(2) Your "empbyee" if the covered "auto" is

owned by that "employee" or a member

of his or her household.

(3) Someone using e covered "auto" while

he or she is working in a business of

selling, servicing, repairing, packing or

storing "autos" unless that business is

yours.

(4) Anyone other than your "empioyees",

partners (if you are a partnership),

members (if you are a limited liability

company) or a lessee or borrower or

any of their "employees", while moving

property to or from a covered "auto".

(S) A partner (if you are a partnership) or a

member (if you are a limited liability

company) for a covered "auto" owned by

him or her ar a member of his or her

household.

c. Anyone liable for the conduct of an

"insured" described above but only to the

extent of that liability.

2. Coverage Extensions

a. Supplementary Payments

We will pay for the "insured":

(1) All expenses we incur.

t2) Up to $2,000 for cost of bail bonds

(including bonds for related tragic law

violations) required because of an

"accident" we cover. We do n~ have to

furnish these bonds.

(3j The cost of bonds to release

attachments in any "suit" against the

"insured" we defend, but only for bond

amounts within our Limit of Insurance.

(4) All reasonable expenses incurred by the

"insured" at our request, including actual

loss of earnings up to $250 a day

because of time off from work.

These payments will not reduce the limit of

Insurance.

b. Out-af-state Coverage Extensions

While a covered "auto" is away from the

state where it is licensed, we will:

(1) Increase the Limit of Insurance for

Covered Autos Liability Coverage to

meet the limits specified by a

compulsory or financial responsibility

law of the jurisdiction where the covered

"auto" is being used. This extension

does not apply to the limit or limits

specked by any !aw governing motor

carriers of passengers or property.

(2) Provide the minimum amounts and

types of other coverages, such as nofault, required of out-of-state vehicles by

the jurisdiction where the covered "auto"

is being used.

We will not pay anyone more khan once for

the same elements of loss because of

these extensions.

B. Exclusions

This insurance does not apply to any of the

fallowing:

1. Expected Or lMended Injury

"Bodily injury" or "property damage" expected

or intended from the standppint of the

"insured".

2. Contractual

(5j AU court costs taxed against the

"insured" in any "suit" against the

"insured" we defend. However, these

payments do not include attorneys' fees 3.

or attorneys' expenses taxed against the

"insured".

(6) All interest on the full amount of any

judgment that accrues after entry of the

judgment in any "suit" against the

"insured" we defend, but our duty to pay

interest ends when we have paid,

offered to pay or deposited in court the

part of the judgment that is within our

Limit of Insurance.

Liability assumed under any contract or

agreement.

But this exclusion does not apply to liability for

damages:

a. Assumed in a contract or agreement that is

an "insured contract", provided the "bodily

injury" or "property damage" occurs

subsequent to the execution of the contract

or agreement; or

b. That the "insured" would have in the

absence of tfie co~ract or agreement.

Workers' Compensation

Any obligation for which the "insured" or the

"insured's" insurer may be held liable under

any workers' compensation, disability benef'~ts

ar unemployment compensation law or any

similar law.

CA Q~ 41 10 t3 D Insurance Services Office, Inc., 2011 Page 3 of 12

ZAIC 133

Case 2:17-cv-04024-DGC Document 1-1 Filed 10/31/17 Page 66 of 136
4. Employee Indemnification And Employer's

Liability

"Bodily injury" to:

a. An "employes" of the "insured" arising out

of and in the course af:

(7} Employment by the "insured"; ar

(2) Performing the duties related to the

conduct of the "insured's" business; or

b. The spouse, child, parent, brother or sister

of that "employes" as a consequence of

Paragraph a. above.

This exclusion appiiers:

(1) Whether the "insured" may be liable as

an employer or in any other capacity;

and

(2) To any obligation to share damages with

or repay someone else who must pay

damages because of the injury.

But this exclusion does not apply to "bodily

injury" to domestic "employees" not entitled to

workers' compensation benefits or to liability

assumed by the "insured" under an "insured

contract'. For the purposes of the Coverage

Form, a domestic "employee" is a person

engaged in household or dom~.stic work

performed principally in connection with a

residence premises.

5. Fellow Employee

"Bodily injury" to:

a. Any fellow "employee" of the "insured"

arising out of and in the course of the fellow

"employee's" employment or while

pertorming duties related to the conduct of

your business; or

b. The spouse, child, parent, brother or sister

of that fellow "employee" as a consequence

of Paragraph a. above.

6. Care, Custody Or Control

"Property damage" to or "covered pollution cost

or expense" involving property owned or

transported by the "insured" or in the

"insured's" care, custody or control. But this

exclusion does not apply to liability assumed

under a sidetrack agreement.

b. After it is moved from the covered "auto" to

the place where it is finally delivered by the

"insured".

8. Movement Of Property By Mechanical

Device

"Bodily injury" or "property damage" resulting

from the movement of property by a

mechanical device (other than a hand truck]

unless the device is attached to the covered

•,auto".

9. Operations

"Bodily injury" ar "property damage" arising out

of the operation of:

a. Any equipment listed in Paragraphs 8,b.

and 6.c. of the definition Of "mobile

equipment'; or

b. Machinery or equipment that is on, attached

to or part of a land vehicle that would

qualify under the definition of "mobile

e~uipmenY' if it were not subject to a

compulsory or financial responsibility law or

other motor vehicle insurance law where it

is licensed or principally garaged.

10. Completed Operations

"Bodily injury" or "property damage" arising out

of your work after that work has been

completed or abandoned.

In this exclusion, your wo~C means:

a. Work or operations performed by you or on

your behalf; and

b. Materials, parts nr equipment furnished in

connection with such work or operations.

Your work includes warranties or

representations made at any time with respect

to the fitness, quality, durability or performance

of any of the items included in Paragraph a. or

b. above.

Your work will be deemed completed at the

earliest of the following times.

(i} When all of the work caller) for in your

contract has been completed;

(2) When alt of the work to be done at the

site has been completed if your contract

calls for work at more than one site; or

7. Handling ~f Property (3) When that part of the work done at a job

"Bodily injury" or "property damage" resulting site has been put to its intended use by

from the handling of property: any person or organization other than

another contractor or subcorrtractor

a. Before it is moved from the~place where it is working on the same project.

accepted by the insured for movement

into ar onto the covered "auto"; or

Page 4 of 12 4 Insurance Services Once, inc., 2011 CA 00 01 1013

ZAIC 134

Case 2:17-cv-04024-DGC Document 1-1 Filed 10/31/17 Page 67 of 136
Work that may need service, maintenance,

correction, repair or replacement, but which is

otherwise complete, will ba treated as

completed.

11. Pollution

"Bodily injury" or "property damage" arising vut

of the actual, alleged ar threatened discharge,

dispersal, seepage, migration, release or

escape of "pollutants":

a. That are, or that are contained in any

property #hat is:

('I) Being transported or towed by, handfed

or handled for movement into, onto or

from the covered "auto";

Paragraphs b. and c. above of this exclusion

da not apply to "accidents" that occur away

frarrs premises owned by or rented to an

'insured" with respect to "pollutants" not in or

upon a covered "auto" if,

_ (a) The "pollutants" or any property in

which the "pollutants" are contained

are upset, overturned or damaged as

a result of the maintenance or use of

a covered "auto"; and

(b) The discharge, dispersal, seepage,

migration, release or escape of the

"pollutants" is caused directly by

such upset, overturn ar damage.

(2) Othervvise in the course of transit by or

on behalf of the "insured"; or

(3) Being stored, disposed of, treated or

processed in or upon the covered

"auto";

b. Before the "pollutan#s" or any property in

which the "pollutants" are contained are

moved from the place where they are

accepted by the "insured" for movement

into or onto the covered "auto' ; or

c. After the "pollutants" or any property in

which the "pollutants" are contained are

moved from the covered "auto" to the place

where they ace finally delivered, disposed of

or abandoned by the "insured".

Paragraph a. above does not apply to fuels,

lubricants, fluids, exhaust gases or other

similar "pollutants" that are needed for or result

from the normal electrical, hydraulic or

mechanical functioning of the covered "auto" or

its parts if: ~

{1) The "pollutants" escape, seep, migrate

or are discharged, dispersed or released

directly from an "auto" part designed by

its manufacturer to hold, store, receive

or dispose of such "pollutants' ;and

(2~ The'badily injury", "property damage" or

"covered pollution cost or expense"

does not arise out of the operation of

any equipment listed in Paragraphs 8.b.

and 6.c. of the defnition of "mobile

equipment".

92. War

"Bodily injury" or "property damage" arising

directly or indirectly out of:

a. War, including undeclared or civil war;

b. Warlike action by a military force, including

action in hindering or defending against an

actual or expelled attack, by any

government, sovereign or other authority

using military personnel or other agents; or

c. Insurrection, rebellion, revolution, usurped

power ar action taken by governmental

authority in hindering or defending against

any of these.

13. Racing

Covered "autos" while used in any professional

or organized racing or demolition contest or

stunting activity, or while practicing for such

contest or activity. This insurance also does

not apply while that covered "auto" is being

prepared for such a contest or activity.

Limlt Of Insurance

Regardless of the number of covered "autos",

"insureds", premiums paid, claims made or

vehicles involved in the "accident", the most we

will pay for the total of all damages and "covered

pollution cost or expense" combined resulting from

any one "accident' is the Limit Of Insurance for

Covered Autos Liability Coverage shown in the

Declarations.

CA 00 01 1013 O Insurance Services Once, Inc., 2011 Page 5 of 12

ZAIC 135

Case 2:17-cv-04024-DGC Document 1-1 Filed 10/31/17 Page 68 of 136
All "bodily injury", "property damage" and "covered

pollution cost or expense" resulting from

continuous or repeated exposure to substantially

the same conditions will be considered as

resulting from one "accident".

No one will be entitled to receive duplicate

payments far the same elements of "toss" under

this Coverage Form and any Medical Payments

Coverage endorsement, Uninsured Motorists

Coverage endorsement or Underinsured Motorists

Coverage endarsemenf attached to this Coverage

Part.

SECYION III PHYSICAL DAMAGE COVERAGE

A. Coverage

1. We will pay for "loss" to a covered "auto" or its

equipment under:

a. Comprehensive Coverage

From any cause except:

{1) The covered "auto's" collision with

another object; or

~2) The covered "auto's" overturn.

b. Speclfierl Causes Of Lass Coverage

Caused by:

(1) Fire, lightning or explosion;

(2) Theft;

(3) Windstorm, hail or earthquake;

(4) Flood;

{5) Mischie# or vandalism; or

~6) The sinking, burning, collision or

derailment of any conveyance

transporting the covered "auto".

c, Collision Coverage

Caused by:

(1) The covered "auto's" collision with

another object; or

(2) The covered "auto's" overturn.

2. Towing

We will pay up to the limit shown in the

Declarations for towing and labor costs

incurred each time a covered "auto" of the

private passenger type is disabled. However,

the labor must be perFormed at the place of

disablement.

3. Glass Breakage Hitting A Bird Or Animal

Falling Objects Or Missiles

If you carry Comprehensive Coverage for the

damaged covered "auto", we will pay for the

following under Comprehensive Coverage:

a. Glass breakage;

b. "Loss" caused by hitting a bird or animal;

and

c. "Loss" caused by falling objects or missies.

However, you have the option of having glass

breakage caused by a covered "auto's"

collision or overturn considered a "loss" under

Collision Coverage.

4. Coverage Extensions

a. Transportation expenses

We will pay up to $2b per day, to a

maximum of $600, for temporary

transportation expense incurred by you

because of the tofal theft of a covered

"auto" of the private passenger type. We

will pay only for those covered "autos" for

which you carry either Comprehensive ar

Spec~'ied Causes Of Loss Coverage. We

will pay for temporary transportation

expenses incurred during the period

beginning 48 hours after the theft and

ending, regardless of the policy's expiration,

when the covered "auto" is returned to use

or we pay for its "loss".

b. Loss Of Use Expenses

for Hired Auto Physical Damage, we will

pay expenses for which an "insured"

becomes legally responsible fo pay for loss

of use of a vehicle rented or hired without a

driver under a written rental contract or

agreement. We will pay for loss of use

expenses if caused by:

(1) Other than collision only if the

Declarations indicates that

Comprehensive Coverage is provided

far any covered "auto";

(2) Specified Causes Of Loss only if the

E~eclarations indicates that Specked

Causes Of Loss Coverage is provided

for any covered "auto"; or

Page 6 of 12 O Insurance Services Glffice, Inc., 2011 CA 00 01 1Q 13

uic gas

Case 2:17-cv-04024-DGC Document 1-1 Filed 10/31/17 Page 69 of 136
~3) Collision only if the Declarations

indicates that Collision Coverage is

provided for any covered "auto".

However, the mast we will pay for any

expenses for lass of use is $20 per day, to

a maximum of $600.

B. Exclusions

1. We will not pay for "loss" caused by or resulting

from any of the following. Such "loss" is

excluded regardless of any other cause ar

event that contributes concurcently or in any

sequence to the "loss".

a. Nuclear Hazard 5•

{1~ The explosion of any weapon employing

atomic fission or fusion; or

(2J Nuclear reaction or radiation, or

radioactive " contamination, however

caused.

b. War Or Military Action

(7) War, including undeclared or civil war;

(2) Warlike action by a military force,

including action in hindering or

defending against an actual or expected

attack, by any government, sovereign or

other authority using military personnel

or other agents; ar

(3) Insurrection, rebellion, revolution,

usurped power or action taken by

governmental authority in hindering or

defending against any of these.

2. We will not pay for "loss" #o any covered "auto"

while used in any professional or organized

racing or demolition contest or stunting activity,

or while practicing for such contest or activit~r.

We will also not pay for "loss" to any covered

"auto" while that covered "auto" is being

prepared for such a contest or activity.

3. We will not pay for "loss" due and confined to:

a. Wear and tear, freezing, mechanical or

electrical breakdown.

b. Blowouts, punctures or other road damage

to tires.

This exclusion does not apply to such "loss"

resulting from the total theft of a covered

"auto".

4. We will not pay for "loss" to any of the

following:

a. Tapes, records, discs or other similar audio,

visual or data electronic devices designed

for use with audio, visual or data electronic

equipment.

b. Any device designed or used to detect

speed-measuring equipment, such as radar

or laser detectors, and any jamming

appara#us intended to e{ude or disn~pt

speed-measuring equipment.

c. Any electronic equipment, without regard to -----

whether this equipmen# is permanently

installed, that reproduces, receives or

transmits audio, visual or data signals.

d. Any accessories used with the electronic

equipment described in Paragraph c.

above.

Exclusions 4.c. and 4.d. do not apply to

equipment designed to be operated solely by

use of the power from the "auto's" electrical

system that, at the time of "loss", is:

a. Permanently installed in or upon the

covered "auto";

b. Removable from a housing unit which is

permanently installed in or upon the

covered "auto";

c. An integral part of the same unit housing

any electronic equipment described in

Paragraphs a. and b. above; or

d. Necessary for the normal operation of the

covered "auto" or the monitoring of the

covered "auto's" operating system.

6, We will not pay for "loss" to a covered "auto"

due to "diminution in value".

C. Limits Of Insurance

1. The most we will pay for:

a. "Loss° to any one covered "auto" is the

lesser of:

~1) The actual cash value of the damaged

or stolen property as of the time of the

"loss"; or

(2) The cost of repairing or replacing the

damaged or stolen property with other

property of like !rind and quality.

b. All electronic equipment that reproduces,

receives or transmits audio, visual or data

signals in any one "lass" is $1,000, if, at the

time of "loss", such electronic equipment is:

(1) Permanently installed in or upon the

covered "auto" in a housing, opening or

other location #hat is not normally used

by the "auto" manufacturer for the

installation of such equipment;

CA OQ 01 1d 13 m Insurance Services Office, Inc., 2011 Rage 7 of 1x

ZAIC 137

Case 2:17-cv-04024-DGC Document 1-1 Filed 10/31/17 Page 70 of 136
(2) Removable from a perrrtanently installed

housing unit as described in Paragraph

b.(1) above; or

(3) An Integra( part of such equipment as

described in Paragraphs h.~1) and b.(2)

above.

2. An adjustment for depreciation and physical

condition will be made in determining actual

cash value in the event of a total "loss".

3. If a repair or replacement results in better than

like kind or qualfty, we will not pay for the

amount of the betterment.

D. Deductible

For each covered "auto", our obligation to pay for,

repair, return or replace damaged or stolen

property will be reduced by Ehe applicable

deductible shown in the Declarations. Any

Comprehensive Coverage deductible shown in the

Declarations does not apply to "loss" caused by

fire or lightning.

SECTION IV BUSINESS AUTO CONDITIONS

The following conditions apply in addition to the

Common Policy Conditions:

A. Loss Conditions

1. Appraisal For Physical Damage Loss

ff you and we disagree on the amount of "loss",

either may demand an appraisal of the "loss".

In this event, each party wil! select a competent

appraiser. The finro appraisers will select a

competent and impartial umpire. The

appraisers will state separately the actual cash

value and amount of "loss". If they fail to agree,

they will submit their differences to the umpire.

A decision agreed to by any two will be

binding. Each party wilt:

a. Pay its chosen appraiser; and

b. Bear the other expenses of the appraisal

and umpire equally.

ff we submit to an appraisal, we will still retain

our right to deny the claim.

2. Duties In The Event Uf Accident, Clam, Suit

Or Loss

We have no duty to provide coverage under

this policy unless there has been full

compliance with the following duties:

a. In the event of "accident', claim, "suit' or

"loss", you must give us or our authorized

representative prompt notice of the

"accident" ar "loss". Include:

(1) How, when and where the "accident' or

"loss" occurred;

(2) The "insured's" name and address; and

(3) To the extent possible, the names and

addresses of any injured persons and

witnesses.

b. Additionally, you and any other involved

"insured" must:

(1) Assume no obligation, make no

payment or incur no e~ense without

our consent, except at the "insured's"

own cost.

(2) Immediately send us copies of any

request, demand, order, notice,

summons or legal paper received

concerning the claim or "suit".

(3) Cooperate with us in the investigation or

settlement of the claim or defense

against the "suit'.

(4) Authorize us to obtain medical records

or other pertinent information.

(5) Submit to examination, at our expense,

by physicians of our choice, as often as

we reasonably require.

c. If there is "loss" to a covered "auto" or its

equipment, you must also do the following:

(1E Promptly notify the police if the covered

"auto" or any of its equipment is stolen.

(2) lake all reasonable steps to protect the

covered "auto" from further damage.

Also keep a record of your expenses for

consideration in the settlement of the

claim.

(3) Permik us to inspect the covered "auto"

and records proving the "loss" before its

repair or disposition.

(4E Agree to examinations under oath at our

request and give us a signed statement

of your answers.

3. Legal Action Against Us

No one may bring a legal action against us

under this Coverage Form until:

a. There has been full compliance with all the

terms of this Coverage Form; and

b. Under Covered Autos Liability Coverage,

we agree in writing that the "insured" has an

obligation to pay or until the amount of that

obligation has finally been determined by

judgment after trial. No one has the right

under this policy to bring us into an action

to determine the "insured's" liability.

Page 8 of 12 ~ Insurance Services Office, Inc., 2011 CA 00 01 1013

IAIC 138

Case 2:17-cv-04024-DGC Document 1-1 Filed 10/31/17 Page 71 of 136
4. Loss Payment Physical Damage

Coverages

At our option, we may:

5. Other Insurance

a. Pay for, repair or replace damaged or

stolen property;

b. Return the stolen prapecty, at our expense.

We will pay for any damage that results to

the "auko" from the theft; or

c. Take all or any part of the damaged or

stolen property at an agreed or appraised

value.

If we pay for the "loss", our payment will

include the applicable safes tax far the

damaged or stolen property.

5. Transfer Of Rights Of Recovery Against

omens ro us

If any person or organization to or for whom we

make payment under this Coverage Form has

rights to recover darr~ages from another, those

rights are transferred to us. That person or

organization must do everything necessary to

secure our rights and must do nothing after

"accident" or "loss" to impair them.

B. General Conditions

1. Bankruptcy

Bankruptcy ar insolvency of the "insured" or the

"insured's" estate will not relieve us of any

obligations under this Coverage Form.

2. Concealment, Misrepresentation Or Fraud

This Coverage Form is void in any case of

fraud by you at any time as it relates to this

Coverage Form. It is also void if you or any

other "insured", at any time, intentionally

conceals or misrepresents a material fact

concerning:

a. This Coverage Form;

b. The covered "auto";

c. Your interest in the covered "auto'; or

d. A claim under this Coverage Form.

3. Llberaiization

If we revise this Coverage Farrn to provide

more coverage without additional premium

charge, your policy will automatically provide

the additional coverage as of the day the

revision is effective in your state.

a. Far any covered "auto" you own, this

Coverage Form provides primary

insurance. For any covered "auto" you don't

own, the insurance provided by this

Coverage Form is excess aver any other

collectible insurance. However, while a

covered "auto" which is a "trailer" is

connected to another vehicle, the Covered

Autos Liability Coverage this Coverage

Form provides for the "trailer" is:

(1) Excess while it is cpnnected to a motor

vehicle you do not own; or

(2) Primary while it is connected to a

covered "auto" you own.

b. For Hired Auto Physical Damage Coverage,

any covered "auto" you lease, hire, rent or

borrow is deemed to be a covered "auto"

you overt. However, any "auto" that is

leased, hired, rented or borrowed with a

driver is not a covered "auto".

c. Regardless of the provisions of Paragraph

a. above, this Coverage Form's Covered

Autos Liability Coverage is primary for any

liability assumed under an "insured

contract".

d, When this C~vewage Form and any other

Coverage Form or policy covers on the

same basis, either excess or primary, we

witl pay only our share. Our share is the

proportion that the Limit of Insurance of our

Coverage Form bears to the total of the

limits of atl the Coverage Forms and

policies covering on the same basis.

6. Prerr~fum Audit

a. The estimated premium for this Coverage

Farm is based on the exposures you Eold us

you would have when this policy began. We

will compute the final premium due when

we determine your actual exposures. The

estimated total premium will be credited

against the final premium due and the first

Named Insured will be billed for the

balance, if any. The due date for the frnal

premium or retrospective premium is the

date shown as the due date on the bill. If

the estimated total premium exceeds the

final premium due, the first Named Insured

will get a refund.

4. No Benefit To Bailee Physical Damage b. If this policy is issued for more than one

Coverages year, the premium for this Coverage Form

Wa will not recognize any assignment or grant will be computed annually based on our

any coverage for the benefik of any person or rates or premiums in effect at the beginning

organization holding, staring or transporting of each year of the policy.

property for a fee regardless of any other

provision of this Coverage Form.

GA 00 01 10 43 D Insurance Services Office, Inc., 2011 Page 9 of 12

ZAIC 139

Case 2:17-cv-04024-DGC Document 1-1 Filed 10/31/17 Page 72 of 136
7. Policy period, Coverage Territory

Under this Coverage Form, we cover

"ac:cider~ts" and "losses" occurring:

a. During the policy period shown in the

Declarations; and

b. Within the coverage territory.

The coverage territory is:

(1) The United States of America;

(2) The territories and possessions of the

United States of America;

(3) Puerto i~ico;

(4) Canada; and

(5E Anywhere in the world if a covered

"auto" of the private passenger type is

teased, hired, rented or borrowed

without a driver for a period of 30 days

or less,

provided that the "insured's" respansibifity to

pay damages is determined in a "suit" on the

merits, in the United States of America, the

territories and possessions of the United States

of America, Puerto Rico or Canada, or in a

settlement we agree to.

We also cover "loss" to, or "accidents"

involving, a covered "auto" while being

Eransported between any of these places.

8. Two Or More Coverage Forms Or Policies

Issued By Us

If this Coverage Form and any other Coverage

Form or policy issued to you by us or any

company affiliated with us applies to the same

"accident", the aggregate maximum Limit of

Insurance under all the Coverage Forms or

policies shall not exceed the highest applicable

Limit of Insurance under any one Coverage

Form or policy. This condition does not apply to

any Coverage Form or policy issued by us or

an affiliated company specifically to apply as

excess insurance over this Coverage Form.

SECTION V DEFINITIONS

A. "Accident" includes continuous or repeated

exposure to the same conditions resulting in

"bodily injury" or "property damage".

B. "Auto" means:

1. A land molar vehicle, "trailer" or semitrailer

designed for travel on public roads; or

2. Any other Land vehicle that is subject to a

compulsory or financial responsibility law or

other motor vehicle insurance iaw where it is

licensed ar principally garaged.

However, "auto" does not include "mobile

equipment'.

C. "Bodily injury" means bodily in}ury, sickness or

disease sustained by a person, including death

resulting from any of these.

D. "Covered pollution cost or expense" means any

cost or expense arising out of:

1. Any request, demand, order or statutory or

regulatory requirement that any "insured" or

others test for, monitor, clean up, remove,

contain, treat, detoxify or neutralize, or in any

way respond to, or assess the effects of,

"pollutants' ; or

2. Any claim or "suit" by or on behalf of a

governmental authority for damages because

of testing for, monitoring, deaning up,

removing, containing, treating, detoxifying or

neutralizing, or in any way responding ta, or

assessing the effects of, "pollutants",

"Covered pollution cost or expense" does not

include any cost or expense arising out of the

actual, alleged or threatened discharge, dispersal,

seepage, migration, release or escape of

"pollutants":

a. That are, or that are contained in any

property that is:

(1) Being transported or towed by, handfed

or handled for movement into, onto or

from the covered "auto' ;

(2) Otherwise in the course of transit by or

on #iehatf of the "insured"; or

(3~ Being stored, disposed of, treated or

processed in or upon the covered

"auto";

b. Before the "pollutants" or any property in

which the "pollutants" are contained are

moved from the place where they are

accepted by the "insured" for movement

into or onto the covered "auto"; ar

c. After the "pollutants" or any property in

which the "pollutarns" are contained are

moved from the covered "auto" to the place

where they are finally delivered, disposed of

or abandoned by the "insured".

Page 10 of 12 m Insurance Services Office, Inc., 2071 CA 00 04 7013

ZAIC f40

Case 2:17-cv-04024-DGC Document 1-1 Filed 10/31/17 Page 73 of 136
Paragraph a. above does not apply to fuels,

lubricants, fluids, exhaust gases or other

similar "pollutants" that are needed for ar result

from the normal electrical, hydraulic or

mechanical functioning of the covered "auto" or

its parts, if:

(1 ~ The "pollutants" escape, seep, migrate

or are discharged, dispersed or released

directly from an "auto" part designed by

its manufacturer to hold, store, receive

or dispose of such "pollutants"; ancf

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

"covered pollution cost or expense"

does not arise out of the operation of

any equipment listed in Paragraph 6.b.

or 6.c. of the definition of "mobile

equipment".

Paragraphs b. and c. above do not apply to

"accidents" that occur away from premises

owned by or rented to an "insured" whh respect

to "pollutants" not in ar upon a covered "auto"

if:

(a) The "pollukants" or any property in

which the "pollutants" are contained

are upset, overturned or damaged as

a result of the maintenance or use of

a covered "auto"; and

(b) The discharge, dispersal, seepage,

migration, release or escape of the

"pollutants" is caused directly by

such upset, ove~tut~n or damage.

E. "Diminution in vaEue" means the actual or

perceived loss in market value or resale value

which results from a direct and accidental "loss".

F. "Employee" includes a "leased worker".

"Employee" does not include a "temporary

worker".

G. "Insured" means any person or organization

qualifying as an insured in the Who Is An Insured

provision of the applicable coverage. Except with

respect to the Limit of insurance, the coverage

afforded applies separately to each insured who is

seeking coverage or against whom a claim or

"suit' is brought.

N. "Insured contract" means:

1. A lease of premises;

2. A sidetrack agreement;

3. Any easement or license agreement, except in

connection with construction or demolition

operations on ar within 50 feet of a railroad;

4. An obligation, as required by ordinance, to

indemnify a municipality, except in connection

with work for a municipality;

S. That. part of any other contract or agreement

pertaining to your business (including an

indemnification of a municipality in connection

with work performed for a municipality) under

which you assume the tort liability of another to

pay for "bodily injury" or "property damage" to a

third party or organization. Tort liability means

a liability that would be imposed by law in the

absence of any contract or agreement; or

6. That part of any contract or agreement entered

into, as part of your business, pertaining to the

rental or lease, by you or any of your

"employees", of any "auto". However, such

contract or agreement shall not be considered

an "insured contract" to the extent that it

obligates you or any of your "employees" to

pay for "property damage" to any "auto" rented

or leased by you or any of your "employees".

An "insured contract" does not include that part of

any con#ract or agreement:

a. That indemn~es a railroad for "bodily injury"

or "property damage" arising out of

construction or demolition operations, within

50 feet of any railroad property and

affecting any railroad bridge or trestle,

tracks, roadbeds, tunne{, underpass or

crossing;

b. That pertains to the loan, lease or rental of

an "auto" to you or any of your

"employees", if the "auto" is loaned, leased

or rented with a driver, or

c. That holds a person or organization

engaged in the business of transporting

property by "auto" for hire harmless for your

use of a covered "auto" over a route or

territory that person or organization is

authorized to serve by public authority.

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

a tabor leasing firm under an agreement between

you and the labor leasing firm to perform duties

related to the conduct of your business. "Leased

worker" does not include a "temporary worker".

J. "Loss" means direct and accidental loss or

damage.

K. "Mobile equipment" means any of the following

types of land vehicles, including eny attached

machinery or equipment:

1. Bulldozers, farm machinery, forklifts and other

vehicles designed for use principally off public

roads;

2. Vehicles maintained for use solely on or next to

premises you own or rent;

8. Vehicles that travel on crawler treads;

CA 00 d1 1013 0 Insurance Services Office, Inc., 2011 Page 11 of 12

ZAIC 141

Case 2:17-cv-04024-DGC Document 1-1 Filed 10/31/17 Page 74 of 136
4. Vehicles, whether self-propelled or not,

maintained primarily to provide mobility to

permanently mounted:

a. Power cranes, shovels, loaders, diggers or

drills; or

b. Road construction or resurFacing equipment

such as graders, scrapers or rollers;

6. Vehicles not described in Paragraph 1., 2., 3.

or 4. above that are not se(f-propelled and are

maintained primarily to provide mobility to

permanently attached equipment of the

following types;

a. Air compressors, pumps and generators,

including spraying, welding, building

cleaning, geophysical exploration, lighting

and well-servicing equipment; or

b. Cherry pickers and similar devices used to

raise or lower workers; or

6. Vehicles not described in Paragraph 1., 2., 3.

or 4. above maintained primarily for purposes

other ttran the transportation of persons or

cargo. However, self-propelled vehicles with

the following tyrpes of permanently attached

equipment are not "mobile equipment" but will

be considered "autos":

a. Equipmerrt designed primarily for:

(1) Snow removal;

(2) Road maintenance, but not construction

or resurfacing; or

(3) Street cleaning;

b. Cherry pickers and similar devices mounted

on automobile or truck chassis and used to

raise ar lower workers; and

c. Air compressors, pamps and generators,

including spraying, welding, building

cleaning, geophysics! exploration, lighting

orwell-servicing equipment.

Hewever; "mobile equipment" does not include

land vehicles that are subject to a compulsory or

financial responsibility law or other motor vehicle

insurance taw where it is licensed or principally

garaged. Land vehicles subject to a compulsory or

flnanciaf responsibility law or other motor vehicle

insurance law are considered "autos".

L. "Pollutants" means any solid, liquid, gaseous or

thermal irritant or contaminant, including smoke,

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

waste. Waste includes ma#eriafs to be recycled,

reconditioned or reclaimed.

M. "Property damage" means damage to or loss of

use of tangible property.

N. "Suit" means a civil proceeding in which:

1. Damages because of "bodily injury" or

"property damage"; or

2. A "covered pollution cost ar expense";

to which this insurance applies, are alleged.

"Suit' includes:

a. An arbitration proceeding in which such

damages or "covered pollution costs or

expenses" are claimed and to which the

"insured" must submit or doss submit with

our consent; or

b. Any other alternative dispute resolution

proceeding in which such damages or

"covered pollution costs or expenses" are

claimed and to which the insured submits

with our consent.

O. 'Temporary worker" means a person who is

furnished to you to substitute fvr a permanent

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

P. "Trailer" includes semitrailer.

Page 12 of 12 ~ Insurance Services Office, lnc., 2011 CA 00 01 1018

ZAIC 142

Case 2:17-cv-04024-DGC Document 1-1 Filed 10/31/17 Page 75 of 136
COMMERCIAL AUTO

CA 01 751013

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

ARIZONA CHANGES

Far a covered "auto" licensed or principally garaged in, or "auto dealer operations" conducted in, Arizona, this

endorsement modifies insurance provided under the following:

AUTO DEALERS COVERAGE FORM

BUSINESS AUTO COVERAGE CORM

MOTOR CARRIER COVERAGE FORM

With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless

modified by the endorsement.

Changes In Conditions

The Concealment, Misrepresentation Or Fraud

General Condition is replaced by the following:

2. Concealment, Misrepresentation Or Fraud

We will riot pay for any "loss" or damage in any

case involving misrepresentations, omissions,

concealment of facts or incorrect statements:

a. That are fraudulent;

6. That are material either to the acceptance

of the risk, or to the hazard assumed by us;

and

c. Where, if the true facts had been known to

us as required either by the application for

the policy or otherwise, we in good faith

would either:

(1) Not have issued the policy;

{2) Not have issued the policy in as large an

amount; or

(3} Not have provided coverage with

respect to the hazard resulting in the

"loss".

CA 01751013 m Insurance Services Office, Ina., 2012 Page 7 of 1

ZAIC 143

Case 2:17-cv-04024-DGC Document 1-1 Filed 10/31/17 Page 76 of 136
Paragraphs and

Paragraph

,,~

zAic ~aa

2d.

L~

Case 2:17-cv-04024-DGC Document 1-1 Filed 10/31/17 Page 77 of 136
of:

c

ZAIC 145

Exdusbris Sectbn

Coverage

Case 2:17-cv-04024-DGC Document 1-1 Filed 10/31/17 Page 78 of 136
COMMERCIAL AUTO

CA 02 05 0514

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

ARIZONA CHANGES N4NRENEWAL

This endorsement modes insurance provided under the following:

AUTO DEALERS COVERAGE FORM

BUSINESS AUTO COVERAGE FORM

MOTOR CARRIER COVERAGE FORM

With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless

modified by the endorsement.

The following is added to the Cancellation Common

Policy Condition and supersedes any provision to the

contrary:

Nonrenewal

1. If we decide not to renew this Policy, we will

mail ar deliver to the first Named Insured

shown in the Reclarations written notice of the

nonrenewal at least 30 days before the

expiration or anniversary date of this Policy,

2. We wiU mail or deliver our written notice to the

first Named Insured's last address known to us.

3. We will not mail or deliver this written notice if:

a. You have requested or agreed to

nanrenewal;

b. This Policy is expressly designated as

nonrenewable;

c. Yau have failed to pay a premium when

due;

d. We have offered to issue a renewal policy;

e. You have insured elsewhere; or

f. You have specifically requested

termination.

4. If notice is mailed, proof of mailing is suffiaent

proof of notice.

CA Q2 OS 0514 O Insurance Services Office, Inc., 2013 Page 1 of 1

ZAIC 146

Case 2:17-cv-04024-DGC Document 1-1 Filed 10/31/17 Page 79 of 136
notification.

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Case 2:17-cv-04024-DGC Document 1-1 Filed 10/31/17 Page 80 of 136
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Case 2:17-cv-04024-DGC Document 1-1 Filed 10/31/17 Page 81 of 136
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Case 2:17-cv-04024-DGC Document 1-1 Filed 10/31/17 Page 82 of 136
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Case 2:17-cv-04024-DGC Document 1-1 Filed 10/31/17 Page 83 of 136
ZAIC 151

Case 2:17-cv-04024-DGC Document 1-1 Filed 10/31/17 Page 84 of 136
POLICY ~UMBER:BAP 3888~40~08 COMMERCIAL AUTO

CA 21 391018

THIS ENDC)RSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

ARIZONA UNINSURED MOTORISTS COVERAGE

For a covered "auto" licensed or principally garaged in, or "auto dealer operations" conducted in, Arizona, this

endorsement modifies insurance provided under the following:

AUTO DEALERS COVERAGE FORM

BUSINESS AUTO COVERAGE FORM

MOTOR CARRIER COVERAGE FORM

With respect to coverage provided by this endorsement, the provisions of ttie Coverage Form apply unless

modified by the endorsement.

This endorsement changes the policy effective on the inception date of the policy unless another date is indicated

bebw.

Named Insured:

Endorsement Effective Date:

SCHEDULE

Limit Of Insurance: $ 3 Q , 0 0 0 Each "Accident"

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

A. Coverage

1. We will pay all sums the "insured" i$. legally

entitled to recover as compensatory damages

from the owner or driver of an "uninsured motor

vehicle". The damages must result from "bodily

injury" sustained by the "insured" caused by an

"accident". The owner's or driver's liability for

these damages must result from the

ownership, maintenance or use of the

"uninsured motor vehicle".

2. Any judgment for damages arising out of a

"suit' brought without our written consent is not

binding on us.

B. Who Is An Insured

If the Named Insured is designated in the

Declarations as:

b. Anyone else "occupying" a covered "auto"

or a temporary substitute for a covered

"auto". The covered "auto" must be out of

service because of its breafcdown, repair,

servicing, "loss" or destruction.

c. Anyone for damages he or she is entitled to

recover because of "bodily injury" sustained

by artather "insured".

2. A partnership, limited liability company,

corporation or any other form of organization,

then the following are "insureds":

a. Anyone "occupyEng" a covered "auto" or a

temporary substitute for a covered "auto".

The covered "auto" must be out of service

because of its breakdown, repair, servicing,

"loss" or destruction.

1. An individual, then the following are "insureds": b. Anyone for damages he or she is entitled to

recover because of "bodily injury" sustained

a. The Named Insured and any "family by another "insured".

members".

CA 21 391013 ~ Insurance Services Once, Inc., 2012 Page 1 of 4

zA~c ~~

Case 2:17-cv-04024-DGC Document 1-1 Filed 10/31/17 Page 85 of 136
C, Exclusions

This insurance does not apply to any

following:

1. Punitive or exemplary damages.

2. Any claim settled without our consent.

E. Changes in Conditions

of the _ _The Conditions are changed for Uninsured

Motorists Coverage as follows:

3. The direct or indirect benefit of any insurer or

self-insurer under any workers' compensatbn,

disability benefits or similar law.

4. Anyone using a vehicle without a reasonable

belief that the person is entitled to do so.

5. "Bodily injury" arising directly or indirectly out

of:

a. War, including undeclared or civil war;

b. Warlike action by a military force, including

action in hindering or defending against an

actual or expected attack, by any

government, sovereign or other authority

using military personnel or other agents; or

c. Insurrection, rebellion, revolution, usurped

power, or action taken by governmental

authority in hindering or defending against

any of these.

D. Li~nit Of Insurance

1. Regardless of the number of covered "au#os",

"insureds", premiums paid, claims made or

vehicles involved in the "accident', the most we

will pay for all damages resulting from any one

"accident" is the Limit Of Insurance for

Uninsured Motorists Coverage shown in the

Schedule or Declarations.

2. No one will be entitled to receive duplicate

payments far the same elements of "loss"

under this Coverage Form and any Liability

Coverage form, Medical Payments Coverage

endorsement or Underinsured Mokorists

Coverage endorsement attached to this

Coverage Part.

We will no# make a duplicate payment under

this coverage for any element of "foss" far

which payment has been made by or for

anyone who is legally responsible, including all

sums paid under the policy's Covered Autos

Liability Coverage.

We will not pay for any element of "lass" for

which an "insured" is entitled to receive

payment under any workers' compensation,

disability benefits or similar law.

1. Other Insurance in the Auto Dealers and

Business Auko Coverage Forms and Other

Insurance Primary And Excess Insurance

Provisions in the Motor .Carrier Ccyverage

Form are changed by addition of the following:

a. The reference to "other collectible

insurance" applies only to other collectible

uninsured motorists insurance.

b. Any insurance we provide with respect to a

vehicle owned by the Named Insured or, if

the Named insured is an individual, any

°family member", that is not a covered

auto for Uninsured Motorists Coverage

under this Coverage Form shall be excess

over any other collectible uninsured

motorists insurance providing coverage an

a primary basis.

2. Duties In The Event O# Accident, Claim, Suit

Or Loss in the Business Auto and Motor

Carrier Coverage Forms and Duties to The

Event Of Accident, Claim, Offense Sult,

Loss Or Acts, ERors Or Omissions in the

Auto Dealers Coverage Form are changed by

adding the following:

a. Promptly notify the police if ahit-and-run

driver is involved; and

b. Promptly send us copies of the legal papers

if a "suiE" is brought.

3. Transfer ~f Rights Of Recovery Against

Others To Us is changed by adding the

following:

If we make any payment under this coverage,

and the "insured", or someone on behalf of the

"insured", has a right to recover damages from

the owner or operator of the "uninsured motor

vehicle", we shall be subrogated to that right.

Page 2 of 4 ~ Insurance Services Office, Inc., 2012 - CA 21 391013

ZAIC 153

Case 2:17-cv-04024-DGC Document 1-1 Filed 10/31/17 Page 86 of 136
4. Two Or More Coverage Forms Or Policies

Issued By Us Condition is replaced by the

following:

!f this Coverage Form and any other Coverage

Form or policy issued to the Named Insured by

us or any company affiliated with us apply to

the same "accident', only one Coverage Form

or policy shall be applicable to the "accident'.

The Named insured shall select the one

Coverage Form or policy that will apply. This

condition does not apply to any Coverage

Form or policy issued by us or any affiliated

company which is excess insurance over this

Coverage Form.

5. The following conditions are added:

a. Arbitration

11) If we and an "insured" disagree whether

the "insured" is legally ent~led to recover

damages from the owner or driver of an

"uninsured motor vehicle" or do not

agree as to the amount of damages that

are recoverable by that "insured", then

the matter may be arbitrated. However,

disputes concerning coverage under this

endorsement may not be arbitrated.

Both parties must agree to arbitration. If

so agreed, each party will select an

arbitrator. The two arbitrators will select

a third. Ef they cannot agree within 30

days, either may request that selection

be made by a judge of a court .having

jurisdiction. Each party will pay the

expenses it incurs and bear the

expenses of the third arbitrator equally.

(2} Unless both parties agree otherv~►ise,

arbitration will take place in the county in

which the "insured" lives. Local relies of

law as to arbitration procedure and

evidence will apply. A decision agreed

to by two of the arbitrators will be

binding.

b. Tirr~e Limitation

(9) We will not be liable for uninsured

motorists coverage benefits unless the

"insured" gives us written notice of the

"insured's" intent to pursue an uninsured

motorists coverage claim under this

Coverage Form within three years after

the date of the "accident" that caused

the "bodily injury". However, the

"insured" may make an uninsured

motorists coverage claim within three

years after the earliest of the following:

(a) The date the "insured" knew that the

tortfeasor was uninsured.

(by The date the "insured" knows ar

should have known that coverage

was denied by the. tortfeasor's

insurer.

(c) The date the "insured" knows or

should have knawm of the insolvency

of the tortfeasor's insurer.

(2) If we and the "insured" do not settle a

claim for uninsured motorists coverage

under this Coverage Form far which the

"insured" has given us timely written

notice in accordance with Paragraph (1)

above, we will not be liable for

uninsured motorists coverage benefits

unless within three years after the date

the "insured" provides us with such

written notice the "insured":

(a) Files a lawsuit against us for

uninsured motorists coverage

benefits under this Coverage Form;

or

(b) Requests arbitration pursuant to the

provisions of this Coverage Form.

F. Additional Deflnitlons

As used in this endorsement:

1. "Family member" means a person related to an

individual Named insured by blood, marriage

or adoption, who is a resident of such Named

Insured's household, including a ward or faster

child.

2. "Occupying" means in, upon, getting in, on, out

or off.

3. "Uninsured mo#or vehicle" means a land motor

vehicle or "trailer":

a. For which no liability bond or policy at the

time of an "accident' provides at least the

amount specified in Sect9on 28-4009 of the

Arizona Revised Statutes;

b. For which an insuring or bonding company

denies coverage or is or becomes

insolvent; or

c. That is shit-and-run vehicle and neither the

driver nor owner can be identified. The

vehicle must either:

(1) Hit an "insured", a covered "auto" or a

vehicle an "insured" is "occupying"; or

CA 21 391015 ~ Insurance Services Office, Inc., 2012 Page 3 of 4

L41C 154

Case 2:17-cv-04024-DGC Document 1-1 Filed 10/31/17 Page 87 of 136
(2) Cause "bodily injury" to an "insured"

without hitting an "insured", a covered

"auto" or a vehicle an "insured" is

"occupying", provided the facts of the

"accident' can be corroborated by any

additional and confirming testimony, fact

or evidence that strengthens and adds

weight or credibility to the "insured's"

representation of the "accident".

However, "uninsured motor vehicle" does

not include any vehicle designed for use

mainly off public roads while not on public

roads.

Page 4 of 4 4 Insurance Services C}ffice, Inc., 2012 CA 21 391013

ZAIC 155

Case 2:17-cv-04024-DGC Document 1-1 Filed 10/31/17 Page 88 of 136
POLfCY NUMBER: BAP 3 8 8 8 9 9 0- 0 8 COMMERCIAL AUTO

CA 27 401013

THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY.

ARIZONA UNDERINSURED MOTORISTS COVERAGE

For a covered "auto" licensed or principally garaged in, or "auta dealer operations" conducted in, Arizona, this

endorsement modes insurance provided under the follpwing:

AU70 DEALERS COVERAGE FORM

BUSINESS AUTO COVERAGE FORM

MOTOR CARRIER COVERAGE FORM

Wdh respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless

modified by the endorsement.

This endorsement changes the policy effective on the inception date of the policy unless another date is indicated

below.

Named Insured:

Endorsement EffectEve Dake:

SCMEDIJLE

Limit Of Insurance: $30, 000 Each "Accident'

lnfonnation required to complete this Schedule, if not shown above, will be shown in the Dec{arations.

A. Coverage

1. We will pay all sums the "insured" is legally

entitled to recover as compensatory damages

from the owner or driver of an "underinsured

motor vehicle", The damages must result from

"bodily injury" sustained by the "insured"

caused by an "accident". The owner's or

driver's liability for these damages must result

from the ownership, maintenance or use of the

"underinsured motor vehicle".

2. Any judgment for damages arising out of a

"suit" brought wiEhout our written consent is not

binding on us.

B. Who Is An Insured

If the Named Insured is designated in the

Declarations as:

1. An individual, then the following are "insureds":

a. The Named Ensured and any "family

members".

b. Anyone else "occupying" a covered "auto"

or a temporary substitute for a covered

"auto". The covered "auto" must be out of

service because of its breakdown, repair,

servicing, "loss" or destruction.

c. Anyone for damages he or she is entitled to

recover because of "bodily injury" sustained

by another "insured".

Z. A partnership, limited liability company,

corporation or any other form of organization,

then the following are "insureds":

a. Anyone "occupying" a covered "auto" or a

temporary substitute for a covered "auto".

The covered "auto" must be out of service

because of its breakdown, repair, servicing,

"loss" or destruction.

b. Anyone for damages he or she is entitled to

recover because of "bodily injury" sustained

by another "insured".

CA 214Q 1013 Q Insurance Services O#Fice, Inc., 2012 Page 1 of 3

ZAtC 158

Case 2:17-cv-04024-DGC Document 1-1 Filed 10/31/17 Page 89 of 136
C. Exclusions

This insurance does not apply to any of the

following:

1. Punitive or exemplary damages.

2. Any claim settled wifhout our consent.

3. The direct or indirect benefit of any insurer or

self-insurer under any workers' compensation,

disability benefits or similar law.

4. Anyone using e vehicle without a reasonable

belief that the person is entitled to do so.

5. "Bodily injury" arising directly or indirectly out

of:

a. War, including undeclared or civil war;

b. Warlike action by a military force, including

action in hindering or defending against an

actual or expected attack, by any

govemmerit, sovereign or Sher authority

using military personnel or other agents; ar

c. Insurrection, rebellion, revolution, usurped

power, or action taken by governmental

authority in hindering or defending against

any of these.

D. Limit Of Insurance

1. Regardless of the number of covered "autos",

"insureds", premiums paid, claims made or

vehicles involved in the "accident', the most we

will pay far all damages resulting from any one

"accident" is the Limit Of Insurance for

Underinsured Motorists Coverage shown in the

Schedule or Declarations.

2. No one will be entitled to receive duplicate

payments far the same elements of "loss"

under this Coverage Form and any Liability

Coverage farm, Medical Payments Coverage

endorsement or Uninsured Motorists Coverage

endorsement attached to this Coverage Part.

We will not make a duplicate payment under

this coverage for any element of "loss" for

which payment has been made by or for

anyone who is legally responsible, including all

sums paid under the policy's Covered Autos

Liability Coverage.

3. We will reduce the "insured's" total damages

by any amourrt available to that "insured",

under any bodily injury liability bonds or

policies applicable to the "underinsured motor

vehicle", that such "insured" did not recover as

a result of a settlement between that "insured"

and the insurer of an "underinsured motor

vehicle". However, any reduction of the

"insured's" total damages will not reduce the

limit of liability for this coverage.

E. Changes In Conditions

i'he Conditions are changed for Underinsured

Motorists Coverage as follows:

1. Other Insurance in the Auto Dealers and

Business Auto Coverage Forms and Other

Insurance Primary And Excess Insurance

Provislans in the Motor Carrier Coverage

Form are changed by addition of the following:

a. The reference to "other collectible

insurance" applies only to other collectible

underinsured motorists insurance,

b. Any insurance we provide wRh respect to a

vehicle owned by the Named Insured or, if

the Named Insured is an individual, any

"family member", that is not a covered

"auto" for Underinsured Motorists Coverage

under this Coverage Form shall be excess

over any other collectible underinsured

motorists insurance providing coverage on

a primary basis.

2. Duties In The Event Of Accident, Claim, Suit

Or Lass in the Business Auto end Motor

Carrier Coverage Forms and Duties !n The

Event Of Accident, CIaIm, Offense, Suit,

Loss Or Acts, Errors Or Omissions in the

Auto Dealers Coverage Form are changed by

adding the following:

a. Promptly notify the police if ahit-and-run

driver is involved; and

b. Promptly send us copies of the legal papers

if a "suit" is brought.

3. The Transfer Of REghts Of Recovery Against

Others To Us Condition does not apply. to

Underinsured Motorists Coverage.

4. The Two Or More Coverage Fauns Or

Pollcfes Issued By Us Condition is replaced

by the following:

T'wo Or More Coverage Forms Or Policies

Issued By Us

If this Coverage Form and any ati~er Coverage

Form or policy issued to the Named Insured by

us or any company affiliated with us apply to

the same "accident", only one Coverage Form

or policy shall be applicable to the "accident".

The Named insured shall select the one

Coverage Form or policy that will apply. This

condition does not apply to any Coverage

Form or policy issued by us or any affiliated

company which is excess insurance over this

Coverage Form.

Page 2 of 3 C~ Insurance Services Office, Inc., 2012 CA 21401013

ZAIC 157

Case 2:17-cv-04024-DGC Document 1-1 Filed 10/31/17 Page 90 of 136
5. The following conditions are added: (2) If we and the "insured" da not settle a

a. Arbitration claim for underinsured motorists

~Verage under this Coverage Form for

(7) If we and an "insured" disagree whether which the insured has given us timely

the "insured" is legally enkitled to recover written notioe in accordance with

damages from the owner or driver of an Paragraph (1) above, we will not be

"underinsured motor vehicle" or do not liable for Underinsured Motorists

agree as to the amourrt of damages tha# Coverage benefits unless within three

are recoverable by that "insured", then years after the date the "insared"

the matter may be arbitrated. However, provides us with such written notice the

disputes concerning coverage under this "insured":

endorsement may not be arbitrated.

Both parts must agree to arbitration. If (~l F~~~ a lawsuit against us for

so agreed, each party wits select an underinsured motorists coverage

arbitrator. The two arbitrators will select benefits under this Coverage Form;

a third. If they cannot agree wikhin 30 . °r

days, either may. requesk khat selection (b) Requests arbitration pursuant to the

be made by a judge of a court having provisions of this Coverage Form.

Jurisdiction. Each party will pay the F. Additional Definitions

expenses it incurs and bear the

expenses of the third arbitrator equafiy. As used in this endorsement:

(2) Unless both parties agree otherwise, 1. "Family member' means a person related to an

arbitration will #eke place in the county in individual Named Insured by blood, marriage

which the "insured" lives. Local rules of or adoption, wino is a resident of such Named

law as to arbitration procedure and Insured's household, including a ward or foster

evidence will apply. A decision agreed child.

to by two of the arbitrators wil! be 2. "Occupying" means in, upon, getting in, on, out

binding. or off,

b. Time l.imitatfon 3. "Underinsured motor vehicle" means a land

{1) We will not be liable for underinsured motor vehicle or "trailer" for which the cum of

motorists cave~age benefits unless the all bonds or policies applicable at the time of

"insured" gives us written notice of the an "accident" does not provide at least the

"insured's" intent to pursue an amount an "insured" is legally entitled to

underinsured motorists coverage claim recover as damages resulting from 'bodily

under this Coverage Form within three injury" caused by the "accident'.

years after the date of the "accident" However, "underinsured motor vehicle" does

that caused the "bodily injury", and the not include any vehicle designed for use mainly

"insured" has either made a claim with off public roads while not on public roads.

the toRfeasor's insurer ar filed an action

against the tortfeasor within the time

limits prescribed by Section 12-542 of

the Arizona Revised Statutes or within

the corresponding limitation period

provided under the law of the location

where the "accident" occurred.

However, the "insured" may make an

underinsured motorists coverage claim

within three years after the date the

"insured" knows or should have known

that the tortfeasor has insufficient

liability insurance to cover the

"insured's" injuries.

CA 21401013 m insurance Services Office, Inc., 2012 Page 3 of 3

znic 1~e

Case 2:17-cv-04024-DGC Document 1-1 Filed 10/31/17 Page 91 of 136
A Par~raphs 5. Cancellatbn (5)

cancellation.

follows: refund.

a ~

1. Nonrenewal

cey

b

(b)

reasons:

C1)

(2)

~~)

(~?

~ ZAIC 458 0

Case 2:17-cv-04024-DGC Document 1-1 Filed 10/31/17 Page 92 of 136
D ~

ZAIC 76U

Case 2:17-cv-04024-DGC Document 1-1 Filed 10/31/17 Page 93 of 136
5.

a.

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Case 2:17-cv-04024-DGC Document 1-1 Filed 10/31/17 Page 94 of 136
L~

a. b.

u

ZAIC 162

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Case 2:17-cv-04024-DGC Document 1-1 Filed 10/31/17 Page 95 of 136
m

ZAIC 163

Case 2:17-cv-04024-DGC Document 1-1 Filed 10/31/17 Page 96 of 136
0

ZAIC 164

Case 2:17-cv-04024-DGC Document 1-1 Filed 10/31/17 Page 97 of 136
COMMERCIAL AUTO

CA 99481013

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

P4LLUTI4N LIABILITY BROADENED CC)VERAGE

FQR COVERED AUTOS BUSINESS AUTO AND

MOTOR CARRIER COVERAGE FORMS

This endorsement modifies insurance provided under the following:

BUSINESS AUTO COVERAGE FORM

i1AOT~R CARRIER COVERAGE FORM

With +'aspect to coverage provided by this endorsement, the provisions of the Coverage Forrn apply unless

modified by the endorsement.

A. Covered Autos Liability Coverage is changed as

follows:

1. Paragraph a. of the Pollution Exclusion

applies only to liability assumed under a

contract or agreement.

2. With respect to the coverage afforded by

Paragraph A.1. above, Exclusion 8.6. Care, ,

Custody Or Control does not apply.

B. Changes In Definitions

For the purposes of this endorsement, Paragraph

D. of the Det3nitions Section is replaced 6y the

following:

D. "Coverec4 pofiution cost or expense" means any

cost or expense arising out of:

1. Any request, demand, order or statutory or

regulatory requirement that any "insured" or

others test far, monitor, Olean up, remove,

contain, treat, detoxify or neutralize, or in

any way respond to, or assess the effects

of "pollutants"; or

2. Any claim or "suit" by or on behalf of a

governmental authority for damages

because of testing for, monitoring, cleaning

up, removing, con#wining, treating,

detoxifying or neutralizing, or in any way

responding to or assessing the effects of

"pollutants".

"Covered pollution cast or expense" does not

include any cost or expense arising out of the

actual, alleged or threatened discharge,

dispersal, seepage, migration, release ar

escape of "pollutants":

a. Before the "pollutants" or any property in

which the "pollutants" are contained are

moved from the place where they are

accepted by the "insured" for movement

into or arrto the covered "auto"; or

b. After the "pollutants" or any property in

which the "pollutants" are contained are

moved from the covered "auto" to the

place where they are finally delivered,

disposed of or abandoned by the

"insured".

Paragraphs a. and b. above do not apply to

"accidents" that occur away from premises

owned by or rented to an "insured" with

respect to "pollutants" not in or upon a

covered "auto" if:

(1) The "pollutants" or any property in

which the "poltutar~ts" are contained

are upset, overturned or damaged as

a result of the maintenance or use of

a covered "auto"; and

(2) The discharge, dispersal, seepage,

migration, release or escape of the

"polkutar~ts" is caused directly by

such upset, overturn or damage.

CA 99 481013 O Insurance Services Office, Inc., 2011 Page 1 of 1

ZAIC 165

Case 2:17-cv-04024-DGC Document 1-1 Filed 10/31/17 Page 98 of 136
Coverage Extension Endorsement

O _

:ZURICH

Policy No. Etf. Date of Pof. Exp. Date of Pol. Eff. Date of End. Producer No. Add'I. Prem Retum Prem.

THIS ENDORSEMENT CHANGES 7HE POLICY. PLEASE READ IT CAREFULLY.

Th[s endorsement modes insurance provided under the:

Business Auto Coverage Form

Motor Carrier Coverage Form

A. Amended Who Is An Insured

1. The fallowing is added to the Who is An Insured Rrovision in Section II Covered Autos Liability Coverage:

The following are also "insureds":

a. Any "employee" of yours is an "insured" while using a covered "auto" you don't own, hire or borrow for acts

performed within the scope of employment by you. Any "employee" of yours is also an "insured" while

operating an "auto" hired or rented under a contract or agreement in an °employee's" name, with your

permission, while performing duties related to the conduct of your business.

b. Anyone volunteering services to you is an "insured" while using a covered "auto" you don't own, hire or

borrow to transport your clients or other persons in activities necessary to your business.

c. Anyone else who furnishes an "auto" referenced in Paragraphs A.1.a. and A.1.b. in this endorsement.

d. Where and to the extent permitted by taw, any persons} or organizations) where required by written conE►act

or written agreement with you executed prior to any "accident", including those persons) ar organization(s)

directing your work pursuant to such written contract or written agreement with you, provided the "accident"

arises out of operations governed by such contract ar agreement and only up to the limits required in the

written contract or written agreement, or the Limits of insurance shown in the Declarations, whichever is less.

2. The following is added to the Other Insurance Condition in the Business Auto Coverage Fomt and the Other

Insurance Primary and Excess Insurance Provisions Condition in the Motor Carrier Coverage Form:

Coverage for any persan(s) or organization(s), where required by written contract or written agreement with you

executed prior to any "accident", will apply on a primary and non-contributory basis and any insurance maintained

by the additional "insured" will apply on an excess basis. However, in no event will this coverage extend beyond

the terms and conditions of the Coverage Form.

8. Amendment Supplementary Payments

Paragraphs a.(2) and a.(4) of the Coverage Extensions Provision in Section II Covered Autos LiabiUty

Coverage are replaced by the following:

(2) Up to $5,000 for the cost of bail bonds (including bonds for related traffic law violations) required because of an

"accident" we cover. We do not have to furnish these bonds.

{4) All reasonable expenses incurred by the "insured" at our request, including actual loss of earnings up to $500 a

day because of time off from work.

ZAIC 166 U-CA-424-F CW (0414}

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C. Feilow Employee Coverage

The Feftaw Employee Exclusion contained in Section II Covered Autos E.iabillty Coverage does not apply.

D. Driver Safety Program Liability and physical pamage Coverage

1. The following is added to the Racing Exclusion in Section II Covered Autos Liabil(ty Coverage:

This exclusion does not apply to covered "autos" participating in a driver safety program event, such as, but not

limited to, auto or kruck rodeos and other auto ar truck agility demonstrations.

2. The following is added to Paragraph 2. in the Exclusions of Section III Physical Damage Coverage of the

Business Auto Coverage Form and Paragraph 2.b. in the Exclusions of Sectlon N Physical Damage

Coverage of the Motor Carver Coverage Farm:

This exclusion does not apply to covered "autos" participating in a driver safety program event, such as, but not

limited to, auto or truck rodeos and other auto or truck agility demons#rations.

E. Lease or Loan Gap Coverage

The following is added to the Coverage Provision of the Physical Damage Coverage Section:

Lease Or Loan Gap Coverage

In the event of a total "loss" to a covered "auto", we will pay any unpaid amount due on the lease or loan for a covered

"auto", less:

a. Any amount paid under the Physical Damage Coverage Section of the Coverage Form; and

b. Any:

(1) Overdue lease or loan payments at the time of the "doss";

(2) Financial penal#ies imposed under a lease for excessive use, abnormal wear and tear or high mileage;

(3) Security deposits not returned by the Eessor;

(4) Costs for extended warranties, credit life insurance, health, accident or disability insurance purchased with the

loan or lease; and

(5) Carry-over balances from previous leases or loans.

F. Towing and Labor

Paragraph A.2. of the Physical Damage Coverage Section is replaced by the following:

We will pay up to $75 for towing and labor costs incurred each time a covered "auto" of the private passenger type is

disabled. Ffowever, the labor must be performed at the place of d9sablement.

G. Extended Glass Goverage

The following is added to Paragraph A.3.a. of the Physical Damage Coverage Section:

If glass must be replaced, the deductible shown in the Declarations will apply. However, if glass can be repaired and

is actuatly repaired rather than replaced, the deductible will be waived. You have the option of having the glass

repaired rather than replaced.

H. Hired Auto Physlcai Damage Increased Loss of Use Expenses

The Coverage Extension for Loss Of Use Expenses in the Physics! Damage Coverage Section is replaced by the

fallowing:

Loss Qf Use Expenses

Foc Hived Auto Physical Damage, we will pay expenses for which an "insured" becomes legally responsible to pay for

loss of use of a vehicle rented or hired without a driver under a written rental contract or written rental agreement. We

will pay for loss of use expenses if caused by:

ZAIC 167 U-CA-424F CW (04-14)

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Case 2:17-cv-04024-DGC Document 1-1 Filed 10/31/17 Page 100 of 136
(1) Other than collision only if the Declarations indicate that Comprehensive Coverage is provided for any covered

"auto'",

(2) Specfied Causes Of loss only if the Declarations indicate that Specified Causes Of Loss Coverage is provided

for any covered "auto"; or

(3) Collision only if the Declarations indicate that Collision Coverage is provided for any covered "auto".

However, the most we will pay for any expenses for loss of use is $100 per day, to a maximum of $3000.

. ~ Personal Effects Corarage

The following is added to the Coverage Provision of the Physical Damage Coverage Section:

Personal Effects Coverage

a. We will pay up to $750 for "loss" to personal effects which are:

(1) Personal property owned by an "insured"; and

(2) fn or on a covered "auto".

b. Subject to Paragraph a. above, the amount to be paid for'9oss" to personal effects will be based an the lesser of:

(7) The reasonable cost to replace; or

(2) The actual cash value.

c. The coverage provided in Paragraphs a. and b. above, only applies in the event of a total theft of a covered

"auto". No deductible applies to this coverage. However, we will not pay for "lass" to personal effects of any of

the following:

(7) Accounts, bills, currency, deeds, evidence of debt, money, notes, securities, or commercial paper or other

documents of value.

(2) Bullion, gold, siEver, platinum, or other precious alloys or metals; furs or fur garments; jewelry, watches,

precious or semi-precious stones.

(3) Paintings, statuary and otherwarks of art.

(4~ Contraband or properly in the course of illegal transportation or trade.

(5) Tapes, recflrds, discs or other similar devices used with audio, visual or data electronic equipment

Any coverage provided by this Provision is excess over any other insurance coverage available for the same "loss".

J. Tapes, Records and Discs Coverage

1. The Exclusion in Paragraph 6.4.a. of Section tll Physical Damage Coverage in the Business Auto Coverage

Form and the Exclusion in Paragraph 8.2.c. of Section IV Physical Damage Coverage in the Motor Carrier

Coverage Form does not apply.

2. The following is added to Paragraph 1.a. Comprehensive Coverage under the Coverage Provision of the

Physical Damage Coverage Section:

We will pay for "loss" to tapes, records, discs or other similar devices used with audio, visual ar data electronic

equipment. We will pay only if the tapes, records, discs or other similar audio, visual or data electronic devices:

(aj Are the property of an "insured"; and

(b) Are in a covered "auto" at the time of "loss".

The most we will pay for such "loss" to tapes, retards, discs or other sim9lar devices is $500. The Physical

Damage Coverage Deductible Provision does not apply to such "loss".

ZAIC 166 U-CA-424-F CV1► (04-14)

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K. Airbag Coverage

The Exclusion in Paragraph B.3.a. of Section Ill Physical Damage Coverage in khe Business Auto Coverage Form

and the Exclusion in Paragraph 8.4.a. of Section IV Physical Damage Coverage in the Mator Carrier Coverage

FoRn does not apply to the accidental discharge of an airbag.

L. Two ar Mare Deductibles - - -

The following is added to the Deductible Provision of the Physical Damage Coverage Section:

If an accident is covered both by this policy or Coverage Form and by another policy or Coverage Form issued to you

by us, the following applies far each cpvered "auto" on a per vehicle basis:

1. If the deductible an this policy or Coverage Form is the smaller (or smallest) deductible, it wiA be waived; or

2. If the deductible on this policy or Coverage dorm is not the smaller (or smaliestj deductible, it will be reduced by

the amount of the smaller (or smallest) deductible.

M. Physical Damage Comprehensive Coverage Deductible

The following is added to the Deductible Provision of the Physical Damage Coverage Section:

Regardless of the number of covered "autos" damaged or stolen, the maximum deductible that will be applied to

Comprehensive Coverage for all "loss" from any one cause is $S,OOb or the deductible shown in the Declarations,

whichever is greater.

N. Tettlporary Substitute Autos Physical Damage

1. The faibwing is added to Section I Covered Autos:

Temporary Substitute Autos Physical Damage

If Physical Damage Coverage is provided by this Coverage Form on your owned covered "autos", the following

types of vehicles are also covered "autos" for Physical Damage Coverage:

Any "auto" you do not own when used with the permission of ks owner as a temporary substitute for a covered

"auto" you do own but is out of service because of its:

1. Breakdown;

2. Repair;

3. Servicing;

4. "Loss' ; or

5. Destruction.

2. The following is added to the Paragraph A. Coverage Provision of the Physical Damage Coverage Section:

Temporary Substitute Autos Physical Damage

We wiU pay the owner for "loss" to the temporary substitute "auto" unless the "loss" results from fraudulent acts or

omissions on your park. tf we make any payment to the owner, we will obtain the owners rights against any other

RartY•

The deductible far the temporary substitute "auto" will be the same as the deductible for the covered "auto" it

replaces.

D. Amended Duties In The Event Of Accident, Claim, Suit Or Loss

Paragraph a. of the Duties In The Event Of Accident, Claim, Suit Or Loss Condition is replaced by the following:

a. In the everrt of "accident", claim, "suit" or "lass", you must give us or our authorized representative prompt notice

of the "accident", c{aim, "suit" or "loss". However, these duties only apply when the "accident", claim, "suit' or

"loss" is known to you (if you are an individual), a partner (if you are a partnership), a member (if you are a limited

liability company) or an executive officer or insurance manager (if you are a corporation). The failure of any

ZAIC 189 U-CA-424F CW {0414)

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Case 2:17-cv-04024-DGC Document 1-1 Filed 10/31/17 Page 102 of 136
agent, servant or employee of the "insured" to notify us of any "accident", claim, "suit" or "loss" shall not invalidate

the insurance afforded by this policy.

Include, as soon as practicable:

(1) How, when and where the "accident" or "loss" occurred and if a - claim is made or "suit' is brought, written

notice of the claim or "suit' including, but not limited ta, the date and details of such claim or "suiP';

(2) The "insured's" name and address; and

(3) To the extent possible, the names and addresses of any injured persons and witnesses.

If you report an "accident", claim, "suit" or "loss" to another insurer when you should have reported to us, your

failure to report to us will not be seen as a violation of these amended duties provided you give us notice as soon

as practicable after the fact of the delay becomes known to yau.

P. Waiver of Transfer OE Rights Of Recovery Against ethers To Us

The following is added to the Transfer Of Rights Of Recovery Against Others To Us Condition:

This Condition does not apply to the extent required of you by a written contract, executed prior to any "accident" or

"loss", provided that the "accident" or "loss" arises out of operations contemplated by such contract. This waiver anly

applies to the person or arganizatian designated in the contract.

Q. Employee Hlred Autos Physical Damage

Paragraph b. of the Other insurance Condition in the Business Auto Coverage dorm and Paragraph f, of the Other

Insurance Primary and Excess Insurance Provisions Condition in the Motor Carrier Coverage Form are replaced

by the following:

For Ffired Auto Physical Damage Coverage, the following are deemed to be covered "autos" you own:

(1j Any covered "auto" you lease, hire, rent or borrow; and

(2) Any covered "auto" hired or rented under a wrEtten contract or written agreement entered into by an "employee" or

elected ar appointed official with your permission while being operated within the course and scope of that

"employee's" employment by you or that elected ar appointed official's duties as respect their obligations to you.

However, any "auto" that is leased, hired, rented or borrowed with a driver is not a covered "auto".

R. Unintentional Failure to Disclose Hazards

The following is added to the Concealment, Misrepresentation Or Fraud Condition:

However, we will not deny coverage under this Coverage Form if you unintentionally;

(1 ~ Fail to disclose any hazards existing at the inception date of this Coverage Form; or

(Z) Make an error, omission, improper description of "autos" or other misstatement of i~fformation.

You must notify us as soon as possible after the discovery of any hazards or any other information that was not

provided to us prior to the acceptance of this policy.

S. Hired Auto Word Wide Coverage

Paragraph 7a.{5) of the Policy Period, Coverage Territory Condition is replaced by the following;

{5) Anywhere in the world if e covered "auto" is leased, hired, rented or borrowed for a period of 60 days or less,

T. Bodily Injury Redefined

The definition of "baiily injury" in the Definitions Section is replaced by the following:

"Bodily injury" means bodily injury, sickness or disease, sustained by a person including death or mental anguish,

resulting from any of these at any time. Mental anguish means any type of mental or emotional illness or disease.

zac ~~o u-c~-a2a-F cw ~aa~a>

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Case 2:17-cv-04024-DGC Document 1-1 Filed 10/31/17 Page 103 of 136
U. E~eeted Or Intended injury

The Expected Or Intended injury Exclusion in Paragraph B. Exclusions under Section II Covered Auto Liability

Coverage is replaced by the foElowing:

Expected Or Intended Injury

_ _

"Bodily injury" or "properky damage" expected or intended from the standpoint of the "insured". This exclusion does

not apply to "bodily injury" or "property damage" resulting from the use of reasonable force to protect persons or

property.

V. Physical Damage Additional Temporary Transportation Expense Coverage

Paragraph A.4.a, of Section III Physical Damage Coverage is replaced by the following:

~. Coverage ~xtensfons

a. Transportation Expenses

We will pay up to $50 per day to a maximum of $1,000 far temporary transportation expense incurred by you

because of the total theft of ~ a covered "auto" of the private passenger type. We wiEl .pay only for those

covered "autos" for which you carry either Comprehensive or Specified Causes of Loss Coverage. We wii~

pay for"temporary transportation expenses incurred during the period beginning 48 hours after the theft and

ending, regardless of the policy's expiration, when the covered "auto" is returned to use or we pay for its

~~~s,~

W. Replacement of a Private Passenger Auto with a Hybrid or Alternative Fuel Source Auto

The following is added to Paragraph A. Coverage of the Physical Damage Coverage Section:

In the event of a total "loss" to a covered "auto" of the private passenger type that is replaced with a hybrid "auto" or

"auto" powered by an alternative fuel source of the private passenger type, we will pay an additional 1Q% of the cost

of the replacement "auto", excluding tax, tithe, license, other fees and any aftermarket vehicle upgrades, up to a

maximum of $2500. The covered "auto" must be replaced by a hybrid "auto" or an "auto" powered by an alternative

fuel source within 60 calendar days of the payment of the "loss" and evidenced by a bill of sale or new vehicle lease

agre~nent.

To qualify as a hybrid "auto", the "auto" must be powered by a conventional gasoline engine and another source of

propulsion power. The other source of propulsion power must be electric, hydrogen, propane, solar or natural gas,

either compressed or liquefied. To qualify as an "auto" powered by an alternative fuel source, khe "auto" must be

powered by a source of propulsion power other than a conventional gasoline engine. An "auto" solely propelled by

bioft~ei, gasoline w diesel fuel or any blend thereof is not an "auto" powered by an alternative fuel source.

X. Return of Stolen Automobile

The following is added to the Coverage ExEension Provision of the Physical Damage Coverage Section:

If a covered "auto" is stolen and recovered, we will pay the cost of transport to return the "auto" to you. We will pay

only for those covered "autos" for which you carry either Comprehensive or Spedfled Causes of Loss Coverage.

All o#her teRns, conditions, provisions and exclusions of this policy remain the same.

ZAIC 171 U-CA-424-F CW {04-14)

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Case 2:17-cv-04024-DGC Document 1-1 Filed 10/31/17 Page 104 of 136
m

ZURICH

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ZAIC 172

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fiL•~ui

u-cA-air-a cw cos•io~

p~ z ors

Iucludas nupYriShted notarial of Insurance Sar4i~xs O~ioe. Inc.. with its pem~ission

ZAIC 173

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Gov~'a E ~d E u rrt

Co

Govern

Protec;tbn

Payments

U-CA-SI6-A CW (U3-10)

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L►.^ludas ~ropyrighted matcrial of liuurnaoe Szrvica4 gfficc, lnc.. with ifs pemtission.

ZA1C 174

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U-CA•816-A CW (03-10)

Page 4 of S

Includ~.c cuPYrighte~d tnat~tia! of I~uurance S~•rvixs ~c~. [ac.. ~vifli its pom~ission

ZAIC 1T5

Case 2:17-cv-04024-DGC Document 1-1 Filed 10/31/17 Page 108 of 136
U-CA-816-ACW (03•l0)

Page S ofS

Sm:ludas copyrighted wnterial of Ic~suronce Se~vicea O$ia. Lnc.. Frith its permission

ZAIC 176

Case 2:17-cv-04024-DGC Document 1-1 Filed 10/31/17 Page 109 of 136
m

ZURICH

Policy No. Eff. Date of Pol. Facp. Date of Pol. Eff. Date of End. Prafuoer No. Retum Prem.

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

This endorsement modes insurance provided under the:

Business Auto Coverage Form

Nbtor Carrier Coverage Form

1. The following is added to the Whn Is An Insured Provision of Section it -Covered Autns Liability Coverage;

A. . Broadened Named Insured

1. Any organization of yours that has been acquired or foamed prior to this policy period (other than a

partnership, limited liability company or joint venture) but is not shown in the Declarations as of the effective

date of this Coverage Form, will nevertheless qualify as a Named Insured if:

a. You maintain an ownership interest of more than 50% of such organization; and

b. Such organization has been incorporated or organized under the laws of the United States of America

(including any state thereof ,its territories or possessions.

Each such organization remains qualified as a Named Insured only while you maintain an ownership interest

of more than 50% in the organization during the current policy period.

2. However, regardless of the provisions of Paragraph 1. above, no such organization will qualify as a Named

Insured under this Coverage Form if the organization:

a. Was newly acquired or formed by you in the preceding policy period in which we provided coverage, but

was not reported to us before the end of that preceding pvl~cy period;

b. Is also an insured under another policy, other than a policy written to apply specifically In excess of this

Coverage Form; or

c. Would be an insured under another policy, regardless of coverage termination or the exhaustion of its

limits of insurance.

B. Newly AcQuired or Formed Organizations as Named Insureds

1. Newly AcyuEred Or Formed Organizations Other Than Partnerships, Joint Ventures or l.imlted Liability

Companies

Arty organization you newly acquire or form during this policy period (other than a partnership, limited liability

company or joint venture) will qualify as a Named Insured if:

a. You have an ownership interest of more than 5Q% in such organization; and

b. Such organization has been incorporated or organized under the laws of the United States of America

(including any state thereof , its territories or possessions.

Each newly acquired or formed organization shall remain qualified as a Named Insured only white you

maintain an ownership interest of mare than 60% in the organization during the current policy perrod.

U-CA-825-8 CVV(o2-ta)

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7A1C 177

Case 2:17-cv-04024-DGC Document 1-1 Filed 10/31/17 Page 110 of 136
2. However, regardless of the provisions of Paragraph 1. above:

a. No such organization will qual'dy as a Named Insured under this Coverage Farm if the organization:

(1) is also an insured under another ~licy, other than a policy written to apply specifically in excess of

this Coverage Form; or

(2) Would be an insured under another policy, regardless of coverage termination or the exhaustion of its

limits of insurance; and

b. Coverage will be afforded to any such organization qualifying as a Named Insured only until the end of

this policy period if the organization is not reported to us during this policy period.

3. Newly Formed Partnerships, Limited Liability Companies. or Jofnt Ventures

Any partnership, limited liability company or joint venture you newly form during this policy period, where:

a You maintain an ownership interest;

b. As respects any joint venture, you have agreed in the Joint Venture Agreement to name the joint venture

as a IJamed insured to your policy; and

c. Such partnership, limited liability company or joint venture has been organized under the laws of the

United States of America (including any state thereot~, its territories or possessions,

will qualify as a Named insured, provided no other similar insurance was purchased for the partnership,

limited liability company or joint venture. However, coverage under this provision is afforded only until the 90~'

day after you form the partnership, limited liability company or joint venture, or the end of the policy period,

whichever is earlier, if the organization is not reported to us during this policy period.

4. With regard to Paragraphs 1. and 3. above, the following additional provision applies:

No coverage shall apply to "bodily injury" or "property damage" that results from an "accident" that occurred

before you acquired or formed the organization.

A!I other terms, conditions, provisions and exclusions of this policy remain the same.

U-CA$25-8 CW (02-14)

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Case 2:17-cv-04024-DGC Document 1-1 Filed 10/31/17 Page 111 of 136
COMMERCIAL AUTO

CA 89 Q31013

THIS ENDORSEMENT CHANGES THE P4LtCY. PLEASE READ IT CAREFULLY.

AUTO MEDICAL PAYMENTS G4VERAGE

This endorsement modifies insurance provided under the following:

AUTO DEAL~f2S COVERAGE FORM

BUSINESS AUTO COVERAGE FORM

MOTOR CARRIER COVERAGE FORM

With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless

rr~odified by the endorsement.

A. Coverage 3. "Bodily injury" sustained by any "family

We will pay reasonable expenses incurred for member' while "occupying" or struck by any

vehicle (other than a covered auto ~ owned by

necessary medical and funeral services to or for

"baiily or furnished or available for the regular use of

an "insured" who sustains injury" caused

any "family member". by "accident'. We will .pay only those expenses

incurred, for services rendered within three years 4. "Bodily injury" to your "employee" arising out of

fran the date of the "accident". and in the course of employment by you.

B. Who Is An Insured However, we will cover "bodily injury" to your

dornesEic "employees" if not entitled Eo workers'

1. You while "occupying" or, while a pedestrian, compensation benefits. For the purposes of

when struck by any "auto". this en6orsement, a domestic "employee" is a

2. If you are an individual, any "famiSy member" person engaged in household ar domestic

while "occupying" or, while a pedestrian, when work performed principally in connection with a

struck by any "auto". residence premises.

3. Anyone else "occupying" a covered "auto" or a 5. "Bodily injury" to an "insured" white working in

temporary substitute for a covered "auto". The a business of selling, servicing, repairing or

covered "auto" must be out of service because parking "autos" unless that business is yours.

of iks breakdown, repair, seni+cing, loss or g. "BodHy injury" arising directly or indirectly out

destniction. of:

C. Exclusions a. War, including undeclared or civil war,

This insurance does no# apply to any of the p. Warlike action by a military force, including

following: action in hindering or defending agains# an

1. "Bodily injury" sustained by an "insured" while actual or expected attack, by any

"occupying" a vehicle located for use as a g~vemment, sovereign or other authority►

premises. using military personnel or other agents; or

2. "Bodily injury" sustained by you or any "family c. Insurrection, rebellion, revolution, usurped

member" while "occupying" or struck by any power, or action taken by governmental

vehicle (other than a covered "auto") owned by authority in hindering or defending against

you or famished or available far your regular any of these.

use.

CA 99 0310 !3 D Insurance Services Office, Inc., 2011 Page 1 of 2

ZAIC 178

Case 2:17-cv-04024-DGC Document 1-1 Filed 10/31/17 Page 112 of 136
7. "Bodily injury" to anyone using a vehicEe E.

without a seasonable belief that the person is

er~itled to do so.

8. "Bodily Injury" sustained by an "insured" while

"occupying" any covered "auto" while used in

any professional racing or demolition contest or

stunting activity, or while practicing for such

contest or activity. This insurance also does

not appiy to any "bodily injury" sustained by an

"insured" while the "auto" is being prepared for

such a contes# or activity.

D. Lfmtt Of Insurance

Regardiess of the number of covered "autos", ~

"insureds", premiums paid, claims made or

vehicles involved in the "accident", the most we

will pay fur "bodily injury" for each "insured" injured

in any one "accident' is the Limit Of insurance for

Auto Medicai Payments Coverage shown in the

Declarations.

No one will be entitled to receive duplicate

payments for the same elements of "lass" under

this coverage and any Liability Coverage Form,

Uninsured Motorists Coverage Endorsement or

Underinsured Motorists Coverage Endorsement

attached to this Coverage Part.

Changes !n Conditions

The Conditions are changed for Auto Medical

Payments Coverage as follows:

1. The Transfer Qf Rfghts Of Recovery Against

Others To Us Condition does not apply.

2. The reference in Other Insurance in the Auto

Dealers and Business Auto Coverage Forms

and Other Insurance Primary And Excess

Insurance Provisions in the Motor Carrier

Coverage farm to "other collectible insurance"

applies only to other collectible auto medical

payments insurance.

Additional Definitions

As used in this endorsement:

1. "Family member" means a person related to

you by blood, marriage or adoption who is a

resident of your household, including a ward or

foster child.

2. "Occupying" means in, upon, getting In, on, out

or off,

Page 2 of 2 m Insurance Services Office, Inc., 2011 CA 99 031013

ZAIC 160

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D.Z

ZA{C 181

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ZAIC 782

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ZAIC 183

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10

ZAIC 184

Case 2:17-cv-04024-DGC Document 1-1 Filed 10/31/17 Page 117 of 136
71►IC 185

Case 2:17-cv-04024-DGC Document 1-1 Filed 10/31/17 Page 118 of 136
AUDiO, VISUAL AND DATA ELECTRC)NIC

EQUIPMENT COVERAGE ADDED LIMITS

This endorsement modifies insurance provided under the following:

AUTO DEALERS COVERAGE FORM

BUSINESS AUTO COVERAGE FORM

MOTOR CARRIER COVERAGE FORM

With rasped to coverage provided by this endorsement, the provisions of the Coverage Force apply unless

modified by the endorsement.

This endorsement changes the policy effective on the inception date of the policy unless another date is indicated

bebw.

Named Insured:

Endorsement Effective Date:

SCHEDULE

Descri tion Of Covered "Auto" Per "Loss" Limit Additional Premium

OWNEQ AUTOS ONLY $ 50,000 $

$

s

a

s

Information ufred to com late this Schedule if not shown above will be shown in the Declarations.

Physical Damage Coverage is amended as follows:

The sublimity in Paragraph C.1.b. of the Limits Of

Insurartce provision in the Business Auto and Motor

Carrier Coverage Forms and in Paragraph 4.a.(2) of

the Limits Of insurance provision in the Auto Dealers

Coverage Forn~ are in addition to the Per "Loss" Limit

shown in the Sohedule of this endorsement

ZAIC 188

Case 2:17-cv-04024-DGC Document 1-1 Filed 10/31/17 Page 119 of 136
zuRxcH

IMPORTANT NOTICE

Texas Automobile Burglary and Theft Prevention Authority Pass Through Fee

NOTICE: A fee of $ is payable in addition to the premium due under this policy.

This fee partially or co y reimburses the insurer, as permitted by 28 TAC section 5.205,

for the $2.00 fee per motor vehicle year required to be paid to the Automobile Burglary and

Theft Arevention Authority under

Texas, Article 4413(37), section 10, which was effective on June 6, 1991, and revised effective

September 1, 2011.

U-CA-339-C (TXj (11/13)

ZAIC 187

Case 2:17-cv-04024-DGC Document 1-1 Filed 10/31/17 Page 120 of 136
2013 Comme r c ~r a 1 Auto Multistate Forms Revision Q

Advisory Notice To Policyholders ZURICH

This is a summary of the major changes to your policy. No coverage is provided by this summary nor can ft be

construed to replace any provisions of your policy ar endorsements. You should read your policy and review your

Declarations page for aamplete infoRnation an the coverages you are provided. If there is any conflict between

the Policy and this summary, THE PROVISIONS OF THE POL.tCY SHALL PREVAIL.

Highlighted below are areas within the Policy that broaden, reduce or reinforce coverage. This notice does not

reference every change, including editorial changes, made in your policy.

COVERAGE FORMS

REINFORCEMENTS OF COVERAGE

Revision To "l.fabilitN Coverage" Form References

CA 00 01 Business Auto Coverage Form

CA 00 2d Motor Carrier Coverage Form

References to "Liability Coverage" that pertain to auto tiabiliry in the Business Auto Coverage dorm and Motor

Carrier Coverage Farm are replaced with "Covered Autos Liability Coverage" to distinguish such coverage

from the ether types of liability coverages that may be included in your policy.

Revislorts Ta Physical Damage Coverage

CA 00 01 Business Auto Coverage Form

CA 00 Q5 Motor Carrier Coverage Form

The Limits Of Insurance provision under Physical Damage Coverage is reinforced to reflect that "toss" rather

#han "accident' triggers coverage under this section.

--

MULTISTATE ENDORSEMENTS

BROADENINGS OF COVERAGE

NEW OPTIONAL ENDORSEMENTS

CA 23 30 Motor Canter Endorsement

In general, this endorsement may be used to convert the Business Auto Coverage Form into a Motor Carrier

Coverage Form for autos used in your operations as a molar carrier.

EXISTING OPTIONAL ENDORSEMENTS

CA 20 54 Employee Hired Autos

This endorsement is revised to reinforce that any employee of yours is an insured while operating a rental or

hired vehicle taken out in anther employee's name for the purposes of pertorming duties related to the

conduct of your business and with your permission.

CA 9916 Hfred Autos Specified As Covered Auto You Own

This endorsement has been revised to remove the wording which limits coverage with respect to the lessor

solely to liability arising out of the acts or omissions of the lessee or anyone else acting on the lessee's behalf.

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Case 2:17-cv-04024-DGC Document 1-1 Filed 10/31/17 Page 121 of 136
CA 99 37 Garagekeepers Coverage

Spouses of partners, managers of limited liability companies and executive officers are included as insureds

with respect to the conduct of your garage operations.

UCA 424 Coverage Extension Endorsement

This endorsement has been revised to: -

A. Reinforce that an employee of yours is an insured under Covered Autos Liability Coverage while

permission, while performing duties related to the conduct of your business;

B. Extend Insured status under Covered Autos Liability Coverage to any persons) or organizations) where

required by written contract or written agreement including those persons) or arganization(s) directing

your work. Such coverage will apply on a primary and non-contributory basis with any insurance

C. Reinforce that the Expected Or Intended Injury Exclusion under the Covered Autos LiabiEity Coverage

does net apply if the bodily injury or property damage results from. reasonable fprce to protect persons or

P►~P~~Y~

D. Include payment of up to $50 per day, to a maximum of $1000, for temporary transportation e~aense

incurred by you in the event of a total theft of a covered "auto" of the private passenger type when

Comprehensive of Specified Cause of Loss Coverage is selected;

E. Revises the Physical Damage Coverage to provide for payment of an additional 10% of the cost of a

replacement auto, up to $2500, if, in the event of a total loss to a covered auto of the private passenger

type, the covered auto is replaced with a hybrid auto or an auto powered by an alternative fuel source.

Qualifications for consideration as a hybrid auto or auto powered by an alternative fuel source are

described within the endorsement; and

F. Include payment for the cost of transport to return a stolen auto that has been recovered to you, provided

you carry either Comprehensive ar Specified Causes of Loss Coverage on the auto.

REINFORCEMENTS OF COVERAGE

EXISTING OPTIONAL ENbQRSEMENTS

CA 01 21 Limited Mexico Coverage

CA 02 38 Re9nstatement Of Insurance

CA 02 40 Suspension Of Insurance

CA 03 01 Deductible Liability Coverage

CA 03 02 Deductible Liability Coverage

CA 04 42 Excfuslon Of Federal Employees Using Autos In Government Business

CA 04 X44 Waiver Qf Transfer Of Rights Of Recovery Against Others To Us (Waiver Of Subrogation)

CA 04 45 Galf Carts And Law-speed Vehicles

CA 20 01 Lessor Additional Insured And Loss Payee

CA 20 02 Audio, Visual And Data Electronic Equipment Coverage Fire, Police And Emergency

Vehicles

CA 20 05 Dave-away Contractors

CA 20 06 Driving Schools Non-owned Autos

CA 20 d7 Emergency Services Volunteer Firefighters' And Workers' Injuries Limited Exclusion

CA 20 06 Farm 1"ractors And Farm Tractors Equipment

CA 20 08 Leasing Or Rental Concerns Contingent Coverage

CA 2010 Leasing Or Rental Concerns Conversion, Embezzlement Or Secretion Coverage

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Case 2:17-cv-04024-DGC Document 1-1 Filed 10/31/17 Page 122 of 136
CA 2011 Leasing Or Rental Concerns Exclusion Of Certain Leased Autos

CA 2012 Leasing Or Rental Concerns Rent-it-therelLeave-ft-here Autos

CA 2813 Leasing Or Rental Concerns Schedule O# Lfmits Far Owned Autos

CA 2014 Leasing Or Rental Concerns Second Levei Coverage

CA 2015 Mobile Equipment

CA 2016 Mobile Homes Contents Coverage

CA 2017 Ma~bite Homes Contents Not Covered

CA 2018 Professional Services Not Covered

CA 2019 Repossessed Autos

CA 20 21 Snowmobiles

CA 20 27 Registration Plates Not Issued For A Specific Auto

CA 20 30 Emergency Services Vote~nteer Firefighters' And Workers' injuNes excluded

CA 20 33 Autos Leased, Hired, Rented Or Ba~rowed With Drivers Physical Damage Coverage

CA 20 48 Designated Insured (Newly fitted Designated Insured For Covered Autos Liability Coverage}

CA 20 54 Employee Hired Autos

CA ZO 55 Fellow Employee Coverage

CA 20 56 Fe11aw Employee Coverage For Designated EmpioyeeslPositions

CA 20 70 Coverage For Certain Operations In Connection With Railroads

CA 20 71 Auto Loan►Lease Gap Coverage

CA 23 Q1 Explosives

CA 23 03 Multi-purpose Equipment

CA 23 04 Roiling Stores

CA 23 05 Wrong Delivery Qf Liquid Products

CA 23 08 Truckers Excess Coverage For The Named insured And Named Lessors For Leased

Autos (Newly titled Motor Carriers access Coverage For The Named Insured And Named Lessors Far

leased Autos}

CA 23 ~9 Truckers Insurance For Non-trucking Use (Newly titled Motor Carriers Insurance For

Non-trucking Use)

CA 2312 Truckers Named Lessee As Insured (Newly titled Motor Carriers Named Lessee As

Insared)

CA 2313 Trailer Interchange Fire And Fire And Theft Coverages

CA 2317 Truckers Unffonn intermodal Mterchange Endorsement dorm UIIE-1

CA 23 24 Agricultural Produce Trailers Seasonal

CA 23 25 Coverage For Injury To Leased Workers

CA 23 84 Silica Or Silica-related Dust Exclusion For Covered Autos E~osure

CA 23 97 Amphibiouis Vehicles

CA 24 01 Transportation Of Seasonal Or Migrant Agricultural Workers

CA 24 02 Public Transportation Autos

CA 98 03 Auto Medkcal Payments Coverage

CA 9910 Drive Other Car Coverage Broadened Coverage For Named Individuals

CA 9913 Fiduciary Liability Qf Banks

CA 9914 Fire, Fire And Theft, Fire, Theft And Windstorm-And Limited Specified Causes Of Lass

Coverages

CA 9916 Hired Autos Specified As Covered Autos You Own

CA 9917 individual Named Insured

CA 99 23 Rental Reimbursement Coverage

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CA 99 28 Stated Amount Insurance

CA 99 30 Tapes, Records And Discs Coverage

CA 99 33 Employees As Insureds

CA 88 34 Social Service Agencies Volunteers As Isisureds

CA 99 37 Garagekeepers Coverage

CA 99 4d Exclusion Or Excess Coverage Hazards Otherwise Ensured

CA 99 44 Loss Payable Clause

CA 98 47 Employee As Lessor

CA 99 A8 Pollution Liability Broadened Coverage For Covered Autos Business Auto. Motor

Carrier And Truckers Coverage Forms (Newly titled Pollution Liability Broadened Coverage For

Covered Autos Business Auto And Motor Carrier Coverage Forms)

CA 99 54 Covered Auto Designation Symbol

CA 99 59 Garagekeepers Coverage Customers' Sound-receiving equipment

CA 99 60 Audio, Visual And Data Electronic Equipment Coverage Added Limits

CA 89 61 Loss Payable Clause Audio, Visual And Data Electronic Equipment Coverage Added

Limits

CA 99 90 Optional Limits Loss Of Use Expenses

These forms have been revised, where appropriate, to:

A. Add reference to "Auto Dealer Coverage Form" and delete references to the "Business Auto Physical

Damage Coverage Form", "Garage Coverage Form" andior 'Truckers Coverage ~'orrri" in the list of the

coverage forms to which the endorsement modifies; and/or

B. Replace references to "Liability Coverage" with respect to auto liability with "Covered Autos Liability

Coverage" to distinguish such coverage ftom the other types of liability coverages included in your policy.

CA 23 S7 Amphibious Vehicles

This endorsement, in general, is revised to reinforce that insurance is not applicable to amphibious vehicles

while being launched into, used in or beached from the water. This includes, but is not limited #o, coverages

such as liability and physical damage coverages.

CA 23 88 Trailer interchange Coverage

The Supplementary Payments provision is revised to reinforce that it applies to court costs taxed against the

insured that do not include the attorneys' fees or expenses taxed against the insured.

A definition of the term "trailer" is added to reinforce that such term includes a semitrailer, container or a dolly

used to convert a semitrailer into a trailer.

CA 99 28 Stated Amount Insurance

CA 99 60 Audio, Visual And Data Electronic Equipment Coverage Added Llm[ts

CA 89 61 Loss Payable Clause Audio, Visual And Data Electronic Equ[pment Coverage Added

Limits

Various provisions and schedules applicable to physical damage coverage have been reinforced to reflect that

"foss" rather than "accidenf' triggers coverage under this section.

REDUCTION 1N COVERAGE

UCA 424 Coverage Extension Endorsement

The Extended Glass Coverage under this endorsement has been revised to require the deductible, which is

shown in the Declarations, if glass must be replaced rather than repaired. However, if glass can be repaired,

the waiver of the deductible remains.

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Case 2:17-cv-04024-DGC Document 1-1 Filed 10/31/17 Page 124 of 136
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Mick Levin, Esq. (021891)

lvucx LEv~av, PLC

3401 North 32nd Street

Phoenix, Arizona 85018-5606

(480} 865-3051; (800) 385-168a

micklevin@miplc.com

Attorneys for Plaintiff

David L. Abney, Esq. (009001)

AHWATUKEE LEGAL OFFICE, P.C.

Post Office Bax 50351

Phoenix, Arizona $5076

(480) 734-8652

abneymaturin@aol.com

Attorney for Plaintiff

Joseph Eriichman, Esq. (002186)

ERL~CI~~MAN LAW FIRM

2200 East Camelback Road

Suite 102

Phoenix, AZ 85016

(602)-224-0062; fax (602) 224-0070

joe@erlichmanlaw.com

Attorney for Plaintiff

" B~AEL-K. JEANES. C~~RlI

~'~~~y r

t;• TROXE~,. FIL~~?

f7 s~ i s ~ ~: ~r

IN THE SUPERIOR COURT OF THE STATE OF ARIZONA

IN AND FUR THE COUNTY OF MARICUPA

JAMES McGEE, an Arizona resident, ~ Case No. ~~f ~Q~ 7-~' ; X 944

Plaintiff, CERTYFICATE OF COMPULSORY

ARBITRATION

v.

ZURICH AMERICAN INSURANCE

COMPANY, a New York insurance company,

Defendant.

(Tort, Non-Motor-Vehicle;

Breach of Contract;

Insurance Bad Faith)

The undersigned certifies that the largest award sought by the Plaintiff, including punitive

1

Case 2:17-cv-04024-DGC Document 1-1 Filed 10/31/17 Page 132 of 136
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damages, but excluding interest, attorneys' fees, and costs ezceeds the limits set by Local Rule

for compulsory azbitration. This case is not subject to the Arizona Rules of Civil Procedure

governing compulsory arbitration.

7~

DATED this ~ ~ day of ~'P;~~~''~'~ , 201?.

MICK LEVIN, P.L.C.

Mick Levin, Esq.

Co-Counsel for Plaintiff

Fa

Case 2:17-cv-04024-DGC Document 1-1 Filed 10/31/17 Page 133 of 136
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Mick Levin, Esq. (021$91)

Mica LEvnv PLC

3401 North 32nd Street

Phoenix, Arizona 85018-5606

(480) $653051; (800) 385-1684

micklevin@mlpic.com

Attanneys for Plaintiff

David L. Abney, Esq. (009001)

AHWATUICEE LEGAL OFFICE, P.C.

Post Office Box 50351

Phoenix, Arizona 85076

(4$0) 734-$652

abneymaturin@aol.corri

Attorney for Plaintiff

Joseph Erlichman, Esq. (04218b)

ERLICkIMAN LAW FIRM

2200 East Camelback Road

Suite 102

Phoenix, AZ 85016

(6d2}-224-0062; fax (602) 224-0070

joe@exlichmanlaw. nom

Attorney for Plaintiff

BL~ltA~'1.-~t. ~EA~B. CQE~i( ~y -

tJ~~i~

C. TRflXEt,. ~'~l.~p

1.T SEP 15 PM ~. ~

IN THE SUPERIOR CUURT OF THE STATE OF ARIZONA

IN AND FOR THE COUNTY OF MA.RICUPA

JAMES McGEE, an Arizona resident, Case No. CV2017-0 i ~~44

Plaintiff,

v.

ZU~tICH AMERICAN INSL~ANCE

COMPANY, a New York insurance company,

DEMAND FOR JURY TRIAL

(Tort, Non-Motor-Vehicle;

Breach of Contract;

Insurance Bad Faith)

Plaintiffs, pursuant #o the Arizona Rules of Civil Procedure, hereby requests that this

matter be tried to a jury.

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DATED this ~ ~7~day of ~ ~~ ~ ''{'~-' , 2017. —~

MICK LEVIN, P.L.C.

Mick Levin, Esq.

Co-Counsel fox Plaintiff

2

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Arizona Process Service L.L.C.

70 S, Val Vista Dr, Suite A3336

Gilbert, AZ 85296

480-430-5556

Plaintiff,

IN THE SUPERIOR COURT OF THE STATE OF ARIZONA

I N AND FOR THE COUNTY OF MARICOPA

In Re the Matter of.

JAMES McGEE, an Arizona resident

VS,

ZURICH AMERICAN INSURANCE COMPANY, a

New York insurance company,

Defendant.

gII,gD BY: A ' ~~ ~~ ~~ —

17 OC i -6 P~ 6~ i

Case No. CV 2017-010944

CERTIFICATE OF SERVICE

I, Oscar Miller do depose that on said date September 29, 2017 I received documents listed below from

Attorney, Mick Levin, requesting basic service of process.

I, Oscar Miller do depose that on said date, October 2, 2017 at 12:14 PM, I hand delivered and served two

copies of the SUMMONS (Tort, Non-Motor Vehicle; Breach of Contract; Insurance Bad Faith); DEMAND FOR

JURY TRIAL (Tort, Non-Motor Vehicle; Breach of Contract; Insurance Bad Faith); COMPLAINT (Tort, NonMotorVehicle; Breach of Contract; Insurance Bad Faith); CERTIFICATE OF COMPULSORY ARBITRATION

(Tort, Non-Motor Vehicle; Breach of Contract; Insurance Bad Faith) to Administrative Service Division Arizona

Department of Insurance by serving Elizabeth Villalino, Administrative Assistant III for Administrative Service

Division Arizona Department of Insurance; Said documents were hand delivered and served at the address of

2910 North 44~ St., Suite 210, Phoenix, AZ 85018.

Elizabeth Villalino's physical description is as follows: Caucasian female, approximately 28 years of age,

5'10" tall, and 120 pounds with black hair.

declare under the penalty of perjury that the above information is correct and true to the best of my

knowledge. A fee of $65.00 was charged for the Service of Process.

Certified Officer Superior Court

Registered in Maricopa County, AZ

Oscar Miller # 7421

Case 2:17-cv-04024-DGC Document 1-1 Filed 10/31/17 Page 136 of 136