1 

IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS

COUNTY DEPARTMENT, CHANCERY DIVISION

K&S INVESTMENT PROPERTY 

GROUP, LLC,

 Plaintiff,

 v. 

WESTFIELD INSURANCE COMPANY,

 Defendant.

Case No.: 

COMPLAINT

NOW COMES the Plaintiff, K&S INVESTMENT PROPERTY GROUP, LLC 

(“K&S”), by and through its attorneys, Blitch Westley Barrette, S.C., and for its Complaint 

against Defendant, WESTFIELD INSURANCE COMPANY (“Westfield”), states as 

follows: 

PARTIES & VENUE

1. K&S is an Illinois limited liability company, operating at all times relevant 

to this Complaint as the owner and lessor of a certain piece of real property located at 2235 

West 74th Street in Chicago, Illinois (“the Property”). 

2. Westfield is an insurance company located at One Park Circle, Westfield 

Center, Ohio, and at all times relevant to this Complaint, Westfield has been licensed to, 

and actually does, sell commercial property insurance in the State of Illinois.

3. Venue is appropriate in this County because the transaction or some part 

thereof giving rise to K&S’ causes of action arose in this county. 

FILED

3/19/2020 2:12 PM

DOROTHY BROWN

CIRCUIT CLERK

COOK COUNTY, IL

2020CH03358

8916571

Hearing Date: 7/17/2020 9:30 AM - 9:30 AM

Courtroom Number: 2305

Location: District 1 Court

 Cook County, IL FILED DATE: 3/19/2020 2:12 PM 2020CH03358

Case: 1:20-cv-02426 Document #: 1-1 Filed: 04/20/20 Page 1 of 239 PageID #:4
2 

FACTS COMMON TO ALL COUNTS

4. On or before November 12, 2018, K&S acquired from Westfield and 

Westfield issued a Commercial Package Policy bearing policy No. CWP-7928998 (“the 

Policy”) that contained, among other coverages: (a) Commercial Property coverage, (b) 

Commercial General Liability coverage, (c) Commercial Inland Marine coverage; (d) 

Crime and Fidelity coverage; and (d) Terrorism Insurance coverage. A true and correct 

copy of the Policy is submitted herewith as “Complaint Exhibit 1”. 

5. The Commercial Property coverage contained in the Policy specifically 

applied to the Property and including coverage for loss of the building and business income 

loss (including rental value). (Ex. 1, p. 14). The limits on the business income loss was 

listed as “12 mos. ALS,” indicating that Westfield would reimburse K&S for the actual 

loss sustained (“ALS”) for a period of twelve (12) months. Id. 

6. On or about November 1, 2018, K&S had entered into a Commercial Lease 

Agreement with IIK Transport, Inc. (“IIK”), a licensed motor carrier, to use the Property 

as a truck terminal including warehouse, repair shop, office, and adjacent land for parking. 

A true and correct copy of the K&S/IIK Commercial Lease Agreement (“CLA”) is attached 

hereto as “Complaint Exhibit 2.” 

7. Pursuant to the CLA, IIK agreed to pay K&S $20,000.00 per month in rent 

for use of the Property for a period of at least three (3) years. Id. 

8. On or about December 23, 2018, a fire destroyed the Property, rendering it 

unusable. 

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9. Thereafter, K&S submitted a claim to Westfield under the Policy for the 

loss of the building as well as the loss of the business income associated with renting the 

building to IIK.

10. On or about September 25, 2019, Westfield denied K&S’ claim for business 

income loss based on Westfield’s assertion that K&S failed to cooperate with Westfield on 

the investigation of the loss. A true and correct copy of Westfield’s September 25, 2019 

letter is submitted herewith as “Complaint Exhibit 3.”

11. On or about February 10, 2020, K&S through its attorneys, requested that 

Westfield reconsider its denial of coverage with regard to the business income loss claim. 

Along with this request, K&S submitted additional documentary support for its business 

income loss claim and agreed to make both Ivan Kazniyenko, K&S’ owner and president, 

and Sergii Stetsuik, the general manager of IIK, available for examination to further discuss 

K&S’ business income losses associated with the loss of the Property. A true and correct 

copy of K&S’ counsel’ February 10, 2020, with attachments, is submitted herewith as 

“Complaint Exhibit 4.” 

12. On February 26, 2020, Westfield sent a letter to K&S’ counsel summarily 

stating that its coverage denial, as set forth in the September 25, 2019 letter, “remains 

unchanged.” A true and correct copy of Westfield’s February 26, 2020 letter is submitted 

herewith as “Complaint Exhibit 5.” 

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COUNT I – DECLARATORY JUDGMENT

13. K&S restates and realleges paragraphs 1 – 12 above and incorporates said 

paragraphs into this Count I seeking Declaratory Judgment. 

14. The Policy provided for coverage of Business Income loss including rental 

value. (Comp. Exh. 1, p. 014). The Policy states, in pertinent part, that Westfield will pay 

K&S for “the actual loss of Business Income you sustain due to the necessary ‘suspension’ 

of your ‘operations’ during the ‘period of restoration.’” Id. at 039. “Business Income” is 

defined to include “Net Income (Net Profit or Loss before income taxes) that would have 

been earned or incurred.” Id. 

15. As set forth in K&S’ counsel’s letter of February 10, 2020, the destruction 

of the Property required K&S to rent additional locations in order to fulfill its lease 

obligations with IIK. 

16. As a result of having to obtain such additional accommodations for IIK, 

K&S suffered a net loss of approximately $247,500.00 in the twelve (12) month period 

following the loss of the Property. (See, Comp. Exh. 4, p. 031). 

17. K&S was and is entitled to coverage for any and all such losses sustained 

as a result of the loss of the Property. 

18. K&S has provided Westfield with ample information regarding its claimed 

business income loss for Westfield to complete its investigation and has even offered to 

make both K&S and IIK personnel available to Westfield for further examination, if 

necessary.

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19. Under the terms of the Policy, Westfield has a duty and obligation to 

provide coverage of K&S’ claimed business income loss associated with the loss of the 

Property. 

WHEREFORE, Plaintiff, K&S INVESTMENT PROPERTY GROUP, LLC,

respectfully requests this Honorable Court enter Judgment in its favor and against 

Defendant, WESTFIELD INSURANCE COMPANY, and declare as follows:

a) Westfield Policy No. CWP-7928998 was in effect as of the December 

23, 2018 loss of the Property; 

b) Westfield is obligated to provide coverage of all of K&S’ business 

income losses resulting from the loss of the Property, including but not 

limited to, the net income losses set forth associated with renting 

alternative accommodations pursuant to K&S’ lease with IIK; and

c) K&S is entitled to such other and further relief as this Honorable Court 

deems just and reasonable.

COUNT II – BREACH OF CONTRACT

 20. K&S restates and realleges paragraphs 1 – 19 above and incorporates said 

paragraphs into this Count II alleging breach of contract.

 21. Westfield issued the Policy to K&S, and the Policy was in effect at the time 

of the loss of the Property. 

 22. K&S paid all premiums required under the Policy. 

 23. K&S made a timely claim under the policy for K&S’ business income loss 

associated with the loss of the Property. 

 24. K&S otherwise fulfilled all of its obligations under the Policy.

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 25. In breach of its obligations under the Policy, Westfield refused to provide 

coverage of K&S’ business income loss. 

 26. As a consequence of Westfield’s breach of its insurance obligations, K&S

has suffered damages in excess of $247,500.00 which includes its net income loss 

associated with providing alternative accommodations pursuant to its lease with IIK. 

WHEREFORE, Plaintiff, K&S INVESTMENT PROPERTY GROUP, LLC, 

respectfully requests this Honorable Court enter Judgment in its favor and against 

Defendant, WESTFIELD INSURANCE COMPANY, and award K&S damages in an 

amount equal to or exceeding $247,500.00 plus costs and/or award K&S such further and 

other damages and relief as this Court deems just and reasonable. 

COUNT III – VEXATIOUS AND UNREASONABLE ACTION OR DELAY

 27. K&S restates and realleges paragraphs 1 – 26 above and incorporates said 

paragraphs into this Count III. 

 28. There was in force in the State of Illinois at the time the loss at issue herein

a certain statute, 215 ILCS 5/155, which states in pertinent part: 

(1) In any action by or against a company wherein there is in issue the liability of a 

company on a policy or policies of insurance or the amount of the loss payable 

thereunder, or for an unreasonable delay in settling a claim, and it appears to the 

court that such action or delay is vexatious and unreasonable, the court may allow 

as part of the taxable costs in the action reasonable attorney fees, other costs, plus 

an amount not to exceed any one of the following amounts: 

(a) 60% of the amount which the court or jury finds such party is 

entitled to recover against the company, exclusive of all costs; 

[or]

(b) $60,000; 

*** 

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29. Westfield’s refusal to provide coverage for K&S’ claim related to its 

business income loss is both vexatious and unreasonable. 

30. Westfield failed to provide a sufficient reason for continuing to deny 

coverage even after K&S had provided ample evidence of its loss and offered to make 

additional witnesses available for examination by Westfield. 

31. As a consequence of Westfield’s vexatious and unreasonable denial of 

coverage, K&S has been forced to expend significant attorneys’ fees in an effort to obtain 

coverage of its valid claim.

WHEREFORE, Plaintiff, K&S INVESTMENT PROPERTY GROUP, LLC, 

respectfully requests this Honorable Court enter Judgment in its favor and against 

Defendant, WESTFIELD INSURANCE COMPANY, on this Count III and award K&S

(a) compensatory damages in an amount equal to or exceeding $247,500.00 (or such other 

amount as K&S is able to prove); (b) statutory damages of 60% of the amount which the 

court or jury finds K&S is entitled to recover against the Westfield, exclusive of all costs 

or $ 60,000; (c) K&S’ attorneys’ fees; (d) K&S’ costs; and (e) such other and further relief 

as this Honorable Court deems just and reasonable.

 

FILED DATE: 3/19/2020 2:12 PM 2020CH03358

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Respectfully submitted,

K&S INVESTMENT PROPERTY GROUP, LLC

By: /s/ Ryan A. Mahoney 

Counsel for Plaintiff 

Matthew P. Barrette

Ryan A. Mahoney 

BLITCH WESTLEY BARRETTE, S.C.

1550 Spring Road, Suite 120 

Oak Brook, Illinois 60523 

TEL: (312) 283-4220 

MBarrette@bwesq.com

RMahoney@bwesq.com

 

FILED DATE: 3/19/2020 2:12 PM 2020CH03358

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COMPLAINT

EXHIBIT

1

FILED

3/19/2020 2:12 PM

DOROTHY BROWN

CIRCUIT CLERK

COOK COUNTY, IL

2020CH03358

8916571

Hearing Date: 7/17/2020 9:30 AM - 9:30 AM

Courtroom Number: 2305

Location: District 1 Court

 Cook County, IL FILED DATE: 3/19/2020 2:12 PM 2020CH03358

Case: 1:20-cv-02426 Document #: 1-1 Filed: 04/20/20 Page 9 of 239 PageID #:12
Commercial Insurance

Coverage Policy

THIS POLICY HAS BEEN

ESPECIALLY DESIGNED

FOR:

K&S INVESTMENT PROPERTY GROUP,

LLC.

BY:

ESSER HAYES INS GROUP INC

THROUGH:

WESTFIELD INSURANCE COMPANY

ID 7004 (0411)

Comp. Exh. 1 -- p. 001 FILED DATE: 3/19/2020 2:12 PM 2020CH03358

Case: 1:20-cv-02426 Document #: 1-1 Filed: 04/20/20 Page 10 of 239 PageID #:13
IN WITNESS WHEREOF, this Company has caused this policy to be signed by its President and Secretary and countersigned by a duly authorized representative of the Company if required by law.

President

Comp. Exh. 1 -- p. 002 FILED DATE: 3/19/2020 2:12 PM 2020CH03358

Case: 1:20-cv-02426 Document #: 1-1 Filed: 04/20/20 Page 11 of 239 PageID #:14
IMPORTANT NOTICE TO OUR POLICYHOLDERS

Westfield Insurance Fraud Hot-Line

PLEASE READ THIS IMPORTANT INFORMATION

• Fraudulent insurance claims cost us all money.

• Call us if you have information concerning a fraudulent insurance claim.

• All information will be kept confidential.

• Call and discuss your information with a trained investigator, or leave the information anonymously on a telephone answering machine.

• We can all help fight insurance fraud.

AD 8522 (08-10)

Be a Fraud Buster

1-800-654-6482

Detach and retain information below for future use.

Fraud Hot-Line Fraud Hot-Line

1-800-654-6482 1-800-654-6482

Westfield Center, Ohio 44251 Westfield Center, Ohio 44251

www.westfieldinsurance.com www.westfieldinsurance.com

-------------------------------------------------------------------------------------------------------------------------------------------------- ---------------------------------------------------------

Comp. Exh. 1 -- p. 003 FILED DATE: 3/19/2020 2:12 PM 2020CH03358

Case: 1:20-cv-02426 Document #: 1-1 Filed: 04/20/20 Page 12 of 239 PageID #:15
THIS NOTICE DOES NOT GRANT ANY COVERAGE OR CHANGE THE TERMS AND

CONDITIONS OF ANY COVERAGE UNDER THE POLICY. IF THERE IS ANY

CONFLICT BETWEEN YOUR POLICY AND THIS NOTICE, THE PROVISIONS OF

YOUR POLICY SHALL PREVAIL.

POLICYHOLDER DISCLOSURE

NOTICE OF TERRORISM

INSURANCE COVERAGE and PREMIUM

Coverage for acts of terrorism is included in your policy. You are hereby notified that under the Terrorism

Risk Insurance Act, as amended in 2015, the definition of act of terrorism has changed. As defined in

Section 102(1) of the Act: The term "act of terrorism" means any act or acts that are certified by the

Secretary of the Treasury - in consultation with the Secretary of Homeland Security, and the Attorney

General of the United States - to be an act of terrorism; to be a violent act or an act that is dangerous to

human life, property, or infrastructure; to have resulted in damage within the United States, or outside

the United States in the case of certain air carriers or vessels or the premises of a United States mission;

and to have been committed by an individual or individuals as part of an effort to coerce the civilian

population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. Under your coverage, any losses resulting from certified acts of terrorism may be

partially reimbursed by the United States Government under a formula established by the Terrorism Risk

Insurance Act, as amended. However, your policy may contain other exclusions which might affect your

coverage, such as an exclusion for nuclear events. Under the formula, the United States Government

generally reimburses 85% through 2015; 84% beginning on January 1, 2016; 83% beginning on January

1, 2017; 82% beginning on January 1, 2018; 81% beginning on January 1, 2019 and 80% beginning on

January 1, 2020, of covered terrorism losses exceeding the statutorily established deductible paid by the

insurance company providing the coverage. The Terrorism Risk Insurance Act, as amended, contains a

$100 billion cap that limits U.S. Government reimbursement as well as insurers' liability for losses resulting from certified acts of terrorism when the amount of such losses exceeds $100 billion in any one

calendar year. If the aggregate insured losses for all insurers exceed $100 billion, your coverage may

be reduced.

PREMIUM CHARGED

During your current policy period, the portion, if any, of your premium that is attributable to coverage for

acts of terrorism as defined in the Act is $_______ (refer to Common Policy Declarations if blank).

If you do not desire the coverage for acts of terrorism as defined in the Act, as amended, you may reject

the coverage and instruct the insurance company to remove it and refund the premium described above.

To reject the coverage, you must:

1) advise the insurance company by letter (on your company letterhead),

2) signed by the owner, representative, or properly designated official of the named insured.

The insurance company must receive your letter within 60 days from the date shown at the bottom right

side of the forms titled "Common Policy Declarations". Please refer to "Common Policy Declarations" for

the mailing address of the insurance company.

If your policy premium is $500, that may represent a minimum premium. In that case, the portion that is

attributable to acts of terrorism as defined in the Act, as amended, may be included within that minimum

and your total premium will not be reduced if you reject coverage for acts of terrorism. The minimum

premium will still apply.

Should you have any question regarding this notice, please contact your insurance agent.

AD 85 84 01 15

Comp. Exh. 1 -- p. 004 FILED DATE: 3/19/2020 2:12 PM 2020CH03358

Case: 1:20-cv-02426 Document #: 1-1 Filed: 04/20/20 Page 13 of 239 PageID #:16
One Park Circle PO Box 5001 Westfield Center OH 44251-5001 1.800.243.0210 fax 330.887.0840 www.westfieldinsurance.com . . . . .

POLICYHOLDER NOTICE

Your policy contains optional endorsements CP 1545 - Utility Services - Time Element and/or CP1556 -

Business Income Changes - Beginning Of The Period Of Restoration that only apply to your policy if you

have purchased Business Income Coverage. If you have not purchased Business Income Coverage,

forms CP1545 and CP 1556 do not apply to your policy.

AD 91 49 06 17

Comp. Exh. 1 -- p. 005 FILED DATE: 3/19/2020 2:12 PM 2020CH03358

Case: 1:20-cv-02426 Document #: 1-1 Filed: 04/20/20 Page 14 of 239 PageID #:17
One Park Circle PO Box 5001 Westfield Center OH 44251-5001 1.800.243.0210 fax 330.887.0840 www.westfieldinsurance.com . . . . .

Notice to Policyholders - Coverage for Back Up of Sewers or Drains

Coverage for back up of sewers or drains is now provided via form CP 10 38 Discharge From Sewer,

Drain or Sump (Not Flood Related). Please see your enclosed policy for more details.

AD 92 01 06 17

Comp. Exh. 1 -- p. 006 FILED DATE: 3/19/2020 2:12 PM 2020CH03358

Case: 1:20-cv-02426 Document #: 1-1 Filed: 04/20/20 Page 15 of 239 PageID #:18
AGENCY PROD.

41 

COMMERCIAL PACKAGE POLICY

RENEWAL

COMMON POLICY DECLARATIONS

 ..................................................................................... 

COMPANY PROVIDING COVERAGE WESTFIELD INSURANCE COMPANY

 12-01133 NAMED INSURED AND MAILING ADDRESS 000 

 K&S INVESTMENT PROPERTY GROUP, ESSER HAYES INS GROUP INC

 LLC. 2000 POLARIS PKWY

 367 BUCKINGHAM CT COLUMBUS OH 43240-2108

 LOMBARD IL 60148 TELEPHONE 800-236-3884

 7 928 998 Policy Number: CWP .01. 1270035528 WIC Account Number: . M 

 Policy From 11/12/18 at 12:01 A.M. Standard Time at your

 11/12/19 Period To mailing address shown above.

 ..................................................................................... 

 LESSORS RISK BUILDING Business: Limited Liab. Co. Named Insured is: 

 ..................................................................................... 

 In return for the payment of the premium, and subject to all terms of this

 policy, we agree with you to provide the insurance as stated in this policy.

 ..................................................................................... 

THIS POLICY CONSISTS OF THE FOLLOWING COVERAGE PARTS

 COMMERCIAL PROPERTY COVERAGE PART $ 4,051.00

 COMMERCIAL GENERAL LIABILITY COVERAGE PART $ 248.00

 COMMERCIAL INLAND MARINE COVERAGE PART Included

 CRIME AND FIDELITY COVERAGE PART Included

 TERRORISM INSURANCE COVERAGE $ 302.00

Policy Annual Premium $ 4,601.00

Total Advance Annual Policy Premium $ 4,601.00

.........................................

The above is a summary of your coverages. For more detail,

please refer to the individual coverage parts inside your policy.

 ..................................................................................... 

 Forms and Endorsements applicable to all coverage parts:

 IL0019 0488*, IL0017 1198*, ID7004 0411*, IL0003 0908*, IL0162 0908*,

 IL0147 0911*, IL7035 0912*.

 ..................................................................................... 

 COUNTERSIGNED: _______________________ BY ____________________________________

Date Authorized Representative

 

PAGE 01 OF 01 IL 00 19 (04-88) 11/07/18 ORIGINAL 

G0O000 (0488) /0/8 OG

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INTERLINE

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

CALCULATION OF PREMIUM

This endorsement modifies insurance provided under the following:

BOILER AND MACHINERY COVERAGE PART

CAPITAL ASSETS PROGRAM (OUTPUT POLICY) COVERAGE PART

COMMERCIAL AUTOMOBILE COVERAGE PART

COMMERCIAL GENERAL LIABILITY COVERAGE PART

COMMERCIAL INLAND MARINE COVERAGE PART

COMMERCIAL PROPERTY COVERAGE PART

CRIME AND FIDELITY COVERAGE PART

EMPLOYMENT - RELATED PRACTICES LIABILITY COVERAGE PART

FARM COVERAGE PART

LIQUOR LIABILITY COVERAGE PART

MEDICAL PROFESSIONAL LIABILITY COVERAGE PART

OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART

POLLUTION LIABILITY COVERAGE PART

PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART

RAILROAD PROTECTIVE LIABILITY COVERAGE PART

The following is added:

The premium shown in the Declarations was

computed based on rates in effect at the time the

policy was issued. On each renewal, continuation, or anniversary of the effective date of this

policy, we will compute the premium in accordance with our rates and rules then in effect.

© ISO Properties, Inc., 2007 IL 00 03 09 08

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THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

ILLINOIS CHANGES - DEFENSE COSTS

This endorsement modifies insurance provided under the following:

COMMERCIAL AUTOMOBILE COVERAGE PART

COMMERCIAL GENERAL LIABILITY COVERAGE PART

COMMERCIAL LIABILITY UMBRELLA COVERAGE PART

COMMERCIAL PROPERTY COVERAGE PART - LEGAL LIABILITY COVERAGE FORM

COMMERCIAL PROPERTY COVERAGE PART - MORTGAGEHOLDERS ERRORS AND OMISSIONS

COVERAGE FORM

EMPLOYMENT-RELATED PRACTICES LIABILITY COVERAGE PART

FARM COVERAGE PART

FARM UMBRELLA LIABILITY POLICY

LIQUOR LIABILITY COVERAGE PART

MEDICAL PROFESSIONAL LIABILITY COVERAGE PART

OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART

POLLUTION LIABILITY COVERAGE PART

PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART

PRODUCT WITHDRAWAL COVERAGE PART

RAILROAD PROTECTIVE LIABILITY COVERAGE PART

UNDERGROUND STORAGE TANK COVERAGE PART

A. The provisions of Paragraph B. are added to

all Insuring Agreements that set forth a duty

to defend under:

1. Section I of the Commercial General Liability; Commercial Liability Umbrella,

Employment-Related Practices Liability,

Farm, Liquor Liability, Owners And Contractors Protective Liability, Pollution Liability, Products/Completed Operations

Liability, Product Withdrawal, Medical

Professional Liability, Railroad Protective

Liability, Underground Storage Tank

Coverage Parts and the Farm Umbrella

Liability Policy;

2. Section II - Liability Coverage in Paragraph A. Coverage under the Business

Auto, Garage, Motor Carrier and

Truckers Coverage Forms;

3. Section A. Coverage under the Legal Liability Coverage Form; and

4. Coverage C - Mortgageholder's Liability

under the Mortgageholders Errors And

Omissions Coverage Form.

B. If we initially defend an insured ("insured")

or pay for an insured's ("insured's") defense

but later determine that the claim(s) is (are)

not covered under this insurance, we will

have the right to reimbursement for the defense costs we have incurred.

The right to reimbursement for the defense

costs under this provision will only apply to

defense costs we have incurred after we notify you in writing that there may not be coverage, and that we are reserving our rights to

terminate the defense and seek reimbursement for defense costs.

© ISO Properties, Inc., 2007 IL 01 62 09 08

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THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

ILLINOIS CHANGES - CIVIL UNION

This endorsement modifies insurance provided under the following:

COMMERCIAL AUTOMOBILE COVERAGE PART

COMMERCIAL GENERAL LIABILITY COVERAGE PART

COMMERCIAL LIABILITY UMBRELLA COVERAGE PART

FARM COVERAGE PART

FARM UMBRELLA LIABILITY POLICY

LIQUOR LIABILITY COVERAGE PART

MEDICAL PROFESSIONAL LIABILITY COVERAGE PART

OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART

POLLUTION LIABILITY COVERAGE PART

PRODUCT WITHDRAWAL COVERAGE PART

PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART

UNDERGROUND STORAGE TANK POLICY

A. The term "spouse" is replaced by the following:

Spouse or party to a civil union recognized

under Illinois law.

B. Under the Commercial Auto Coverage Part,

the term "family member" is replaced by the

following:

"Family member" means a person related to

the:

1. Individual Named Insured by blood,

adoption, marriage or civil union recognized under Illinois law, who is a resident

of such Named Insured's household, including a ward or foster child; or

2. Individual named in the Schedule by

blood, adoption, marriage or civil union

recognized under Illinois law, who is a

resident of the individual's household,

including a ward or foster child, if the

Driver Other Car Coverage - Broadened

Coverage For Named Individual

Endorsement is attached.

C. With respect to coverage for the ownership,

maintenance, or use of "covered autos" provided under the Commercial Liability Umbrella Coverage Part, the term "family

member" is replaced by the following:

"Family member" means a person related to

you by blood, adoption, marriage or civil union recognized under Illinois law, who is a

resident of your household, including a ward

or foster child.

© Insurance Services Office, Inc., 2011 IL 01 47 09 11

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POLICY NUMBER: INTERLINE

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

EARLIER NOTICE OF CANCELLATION

PROVIDED BY US

This endorsement modifies insurance provided under the following:

COMMERCIAL AUTO COVERAGE PART

CRIME AND FIDELITY COVERAGE PART

EQUIPMENT BREAKDOWN COVERAGE PART

FARM COVERAGE PART

COMMERCIAL PROPERTY COVERAGE PART

COMMERCIAL INLAND MARINE COVERAGE PART

COMMERCIAL LIABILITY UMBRELLA COVERAGE PART

OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART

COMMERCIAL GENERAL LIABILITY COVERAGE PART

LIQUOR LIABILITY COVERAGE PART

PROFESSIONAL LIABILITY COVERAGE

SCHEDULE

Number of Days' Notice_______________

Name Of Additional Insured Person(s)

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

WESSEX 504 CORPORATION AND THE U.S

SMALL BUSINESS ADMINISTRATION

175 N HARBOR DRIVE #3202

CHICAGO, IL 60611

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

Declarations as applicable to this endorsement.)

For any statutorily permitted reason other than nonpayment of premium, the number of days required for

notice of cancellation, as provided in paragraph 2. of either the CANCELLATION Common Policy Condition or as amended by an applicable state cancellation endorsement, is increased to the number of days

shown in the Schedule above.

CWP 7928998

0030

Copyright, Insurance Services Office, Inc., 1992 IL 70 35 09 12

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POLICY NUMBER: INTERLINE

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

EARLIER NOTICE OF CANCELLATION

PROVIDED BY US

This endorsement modifies insurance provided under the following:

COMMERCIAL AUTO COVERAGE PART

CRIME AND FIDELITY COVERAGE PART

EQUIPMENT BREAKDOWN COVERAGE PART

FARM COVERAGE PART

COMMERCIAL PROPERTY COVERAGE PART

COMMERCIAL INLAND MARINE COVERAGE PART

COMMERCIAL LIABILITY UMBRELLA COVERAGE PART

OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART

COMMERCIAL GENERAL LIABILITY COVERAGE PART

LIQUOR LIABILITY COVERAGE PART

PROFESSIONAL LIABILITY COVERAGE

SCHEDULE

Number of Days' Notice_______________

Name Of Additional Insured Person(s)

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

MORGAN STANLEY BANK, NA, ISAOA

2448 HISTORIC DECAUTUR RD #200

SAN DIEGO, CA 92106

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

Declarations as applicable to this endorsement.)

For any statutorily permitted reason other than nonpayment of premium, the number of days required for

notice of cancellation, as provided in paragraph 2. of either the CANCELLATION Common Policy Condition or as amended by an applicable state cancellation endorsement, is increased to the number of days

shown in the Schedule above.

CWP 7928998

0030

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COMMON POLICY CONDITIONS

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

A. Cancellation

1. The first Named Insured shown in the

Declarations may cancel this policy by

mailing or delivering to us advance written notice of cancellation.

2. We may cancel this policy by mailing or

delivering to the first Named Insured

written notice of cancellation at least:

a. 10 days before the effective date of

cancellation if we cancel for nonpayment of premium; or

b. 30 days before the effective date of

cancellation if we cancel for any

other reason.

3. We will mail or deliver our notice to the

first Named Insured's last mailing address known to us.

4. Notice of cancellation will state the effective date of cancellation. The policy

period will end on that date.

5. If this policy is cancelled, we will send

the first Named Insured any premium refund due. If we cancel, the refund will be

pro rata. If the first Named Insured cancels, the refund may be less than pro

rata. The cancellation will be effective

even if we have not made or offered a

refund.

6. If notice is mailed, proof of mailing will

be sufficient proof of notice.

B. Changes

This policy contains all the agreements between you and us concerning the insurance

afforded. The first Named Insured shown in

the Declarations is authorized to make

changes in the terms of this policy with our

consent. This policy's terms can be amended

or waived only by endorsement issued by us

and made a part of this policy.

C. Examination Of Your Books And Records

We may examine and audit your books and

records as they relate to this policy at any

time during the policy period and up to three

years afterward.

D. Inspections And Surveys

1. We have the right to:

a. Make inspections and surveys at any

time;

b. Give you reports on the conditions

we find; and

c. Recommend changes.

2. We are not obligated to make any inspections, surveys, reports or recommendations and any such actions we do

undertake relate only to insurability and

the premiums to be charged. We do not

make safety inspections. We do not

undertake to perform the duty of any

person or organization to provide for the

health or safety of workers or the public.

And we do not warrant that conditions:

a. Are safe or healthful; or

b. Comply with laws, regulations,

codes or standards.

3. Paragraphs 1. and 2. of this condition

apply not only to us, but also to any rating, advisory, rate service or similar organization which makes insurance

inspections, surveys, reports or recommendations.

4. Paragraph 2. of this condition does not

apply to any inspections, surveys, reports or recommendations we may make

relative to certification, under state or

municipal statues, ordinances or regulations, of boilers, pressure vessels or

elevators.

E. Premiums

The first Named Insured shown in the Declarations:

1. Is responsible for the payment of all premiums; and

2. Will be the payee for any return premiums we pay.

F. Transfer Of Your Rights And Duties Under

This Policy

Your rights and duties under this policy may

not be transferred without our written consent

except in the case of death of an individual

named insured.

If you die, your rights and duties will be

transferred to your legal representative but

only while acting within the scope of duties

as your legal representative. Until your legal

representative is appointed, anyone having

proper temporary custody of your property

will have your rights and duties but only with

respect to that property.

Copyright, Insurance Services Office, Inc., 1998 IL 00 17 11 98

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41 

RENEWAL

COMMERCIAL PROPERTY DECLARATIONS

 ..................................................................................... 

COMPANY PROVIDING COVERAGE WESTFIELD INSURANCE COMPANY

 12-01133 NAMED INSURED AND MAILING ADDRESS 000 

 K&S INVESTMENT PROPERTY GROUP, ESSER HAYES INS GROUP INC

 LLC. 2000 POLARIS PKWY

 367 BUCKINGHAM CT COLUMBUS OH 43240-2108

 LOMBARD IL 60148 TELEPHONE 800-236-3884

 7 928 998 Policy Number: CWP .01. 1270035528 WIC Account Number: . M 

 Policy From 11/12/18 at 12:01 A.M. Standard Time at your

 11/12/19 Period To mailing address shown above.

 ..................................................................................... 

 DESCRIPTION OF PREMISES

 Loc Bldg Address, City & State Construction Occupancy

 001 001 2235 W 74TH ST Joisted LOGISTICS COMPANY

CHICAGO, IL 60636 Masonry

COUNTY: COOK

 001 002 2235 W 74TH ST Non- STORAGE

CHICAGO, IL 60636 Combustible

COUNTY: COOK

 ..................................................................................... 

 COVERAGES PROVIDED - Insurance at the described premises applies only for

 coverages for which a limit of insurance is shown. OPTIONAL COVERAGES applicable

 only when entries are made in the schedules below:

Infl. Repl. Limit of Premium

 Loc Bldg Coverage Coins Guard Cost Insurance

 001 001 Building 90% N/A Yes $908,500 $2,626

Cause of Loss: Special

 001 001 Bus Income incl Rental Value N/A N/A 12 mos. ALS $116

Cause of Loss: Special

 001 002 Building 90% N/A Yes $271,000 $883

Cause of Loss: Special

 OPTIONAL COVERAGES

 Loc Bldg Applicable to Option Description Premium

 001 001 Tier 1 Expanded Property Endt $90

 001 002 Tier 1 Expanded Property Endt $68

 ..................................................................................... 

 $ 268.00 Equipment Breakdown Coverage Premium 

 ..................................................................................... 

 Total Advance Annual Property Premium $ 4,051.00 

 ..................................................................................... 

 Mortgage Holder

 Loc Bldg Loc Bldg

 001 001 WESSEX 504 CORPORATION 001 001 MORGAN STANLEY BANK, NA ISAOA

SEE IL7032 C/O CDC SMALL BUSINESS FINANCE

175 N HARBOR DRIVE #3202 SEE IL 7032

CHICAGO, IL 60601 SAN DIEGO, CA 92106

 ..................................................................................... 

 Deductible is $2500 

 ..................................................................................... 

 Forms and Endorsements applicable to this coverage part:

 CP0090 0788*, IL0952 0115*, IL0118 0217*, IL0284 0118*, CP0140 0706*,

 CP7083 0408*, CP7084 0408*, CP1032 0808*, CP0149 0607*, CP7097 0617*,

 CPDS00 1014*, CP0030 0607*, CP7070 0712*, IL7032 0105*, CP1556 0607*,

 CP1030 0607*, CP0010 0607*, IL7041 1214*, CP7096 0617*, CP0415 1000*,

 CP0405 0402*, CP1230 0695*, CP0407 1091*, CP0440 0607*, CP0417 0607*,

 CP0401 1000*, CP1038 1012*.

 

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 41 

 RENEWAL 

 COMMERCIAL PROPERTY EXPANDED COVERAGE 

 ENDORSEMENT - TIER 1 SCHEDULE 

 ..................................................................................... 

 COMPANY PROVIDING COVERAGE WESTFIELD INSURANCE COMPANY 

 

 12-01133 000 NAMED INSURED AND MAILING ADDRESS 

 K&S INVESTMENT PROPERTY GROUP, ESSER HAYES INS GROUP INC 

 LLC. 2000 POLARIS PKWY 

 367 BUCKINGHAM CT COLUMBUS OH 43240-2108 

 LOMBARD IL 60148 TELEPHONE 800-236-3884 

 7 928 998 .01. 1270035528 . M Policy Number: CWP WIC Account Number: 

 11/12/18 Policy From at 12:01 A.M. Standard Time at your 

 11/12/19 Period To mailing address shown above. 

 ..................................................................................... 

 COMMERCIAL PROPERTY EXPANDED COVERAGE 

 ENDORSEMENT - TIER 1 SCHEDULE 

 

 This schedule modifies insurance provided under the 

 COMMERCIAL PROPERTY EXPANDED COVERAGE ENDORSEMENT - TIER 1 

 LOCATION SCHEDULE 

 Note: Crime Coverages included via CR 00 21 or (CR 00 25) apply on a 

 policy-level basis, including those locations/buildings not scheduled below. 

 Loc. Bldg. 

 No. No. Address, City & State 

 001 001 2235 W 74TH ST, CHICAGO, IL 60636 

 001 002 2235 W 74TH ST, CHICAGO, IL 60636 

 The limits listed in Section I below are the most we will pay for each coverage 

 in any one occurrence unless a different limit is listed in Section II below. 

 (Refer to policy language for specific coverages, conditions and exclusions.) 

 Section I 

 *For Coverage Denoted with an Asterisk Refer to Specific Coverage Form for Terms 

 and Conditions. 

 Coverage Limit of Insurance 

 *Accounts Receivable 

 Coverage Applicable at Your Premises $25,000 

 Coverage Applicable Away from Your Premises No Coverage 

 *Brands and Labels Included 

 Changes in Temperature $1,000 

 Computer Coverage 

 Hardware, Data and Media $25,000 

 Laptops/Portable Computers and Software (Away from Premises) $10,000 

 Credit Card Invoices $1,000 

 *Debris Removal - Additional Insurance 

 Building & Contents (Combined) $50,000 

 Deferred Payments $25,000 

 *Discharge from Sewer, Drain or Sump (Not Flood-related) 

 Property Damage $50,000 

 Annual Aggregate Limit Applies 

 *Employee Theft Or 

 *Employee Theft - per Loss Coverage $25,000 

 Deductible Amount per Occurrence Not Applicable 

 Extra Expense $50,000 

 ..................................................................................... 

 Includes copyrighted material of ISO, Inc. with its permission. 

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 41 

 RENEWAL 

 COMMERCIAL PROPERTY EXPANDED COVERAGE 

 ENDORSEMENT - TIER 1 SCHEDULE 

 ..................................................................................... 

 COMPANY PROVIDING COVERAGE WESTFIELD INSURANCE COMPANY 

 

 12-01133 000 NAMED INSURED AND MAILING ADDRESS 

 K&S INVESTMENT PROPERTY GROUP, ESSER HAYES INS GROUP INC 

 LLC. 2000 POLARIS PKWY 

 367 BUCKINGHAM CT COLUMBUS OH 43240-2108 

 LOMBARD IL 60148 TELEPHONE 800-236-3884 

 7 928 998 .01. 1270035528 . M Policy Number: CWP WIC Account Number: 

 11/12/18 Policy From at 12:01 A.M. Standard Time at your 

 11/12/19 Period To mailing address shown above. 

 ..................................................................................... 

 *Fine Arts Floater 

 Max per Item $2,500 

 Catastrophe Limit $10,000 

 Deductible Not Applicable 

 Breakage Breakage Exclusion Applies 

 

 Fire Department Service Charge $10,000 

 (Virginia Includes Volunteer Fire Departments) 

 (Increased Limits are not Available For Arizona) 

 Fire Extinguisher Recharge Expense Included 

 *Forgery or Alteration $25,000 

 Deductible Amount per Occurrence Not Applicable 

 Foundations of Buildings Included 

 *Inside the Premises-Theft of Money & Securities $25,000 

 Deductible Amount per Occurrence Not Applicable 

 *Outside the Premises-Theft of Money & Securities $25,000 

 Deductible Amount per Occurrence Not Applicable 

 Inventory and Appraisals $10,000 

 Lock Replacement $2,500 

 Newly Acquired or Constructed Property 

 Buildings $1,000,000/180 Days 

 Business Personal Property $500,000/180 Days 

 *Ordinance or Law 

 Loss to Undamaged Portion of Building (if Applicable) Incl. up to Bldg. Limit 

 Demolition Cost $50,000 

 Increased Cost Of Construction $50,000 

 Outdoor Property 

 Any One Tree, Shrub or Plant $1,000 

 Any One Occurrence $10,000 

 Outdoor Signs $12,500 

 Patterns, Dies, Molds, and Forms $10,000 

 *Peak Season - Automatic Increase 

 Period (From/To): Annual Policy Period Lesser of: 25% or $50,000 

 Personal Effects and Property of Others 

 Any One Person in Any One Loss $5,000 

 Any One Occurrence $10,000 

 *Pollutant Clean Up and Removal $25,000 

 Deductible Not Applicable 

 Premises Boundary Increased Distance 1,000 Feet 

 Property in Transit $20,000 

 ..................................................................................... 

 Includes copyrighted material of ISO, Inc. with its permission. 

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 41 

 RENEWAL 

 COMMERCIAL PROPERTY EXPANDED COVERAGE 

 ENDORSEMENT - TIER 1 SCHEDULE 

 ..................................................................................... 

 COMPANY PROVIDING COVERAGE WESTFIELD INSURANCE COMPANY 

 

 12-01133 000 NAMED INSURED AND MAILING ADDRESS 

 K&S INVESTMENT PROPERTY GROUP, ESSER HAYES INS GROUP INC 

 LLC. 2000 POLARIS PKWY 

 367 BUCKINGHAM CT COLUMBUS OH 43240-2108 

 LOMBARD IL 60148 TELEPHONE 800-236-3884 

 7 928 998 .01. 1270035528 . M Policy Number: CWP WIC Account Number: 

 11/12/18 Policy From at 12:01 A.M. Standard Time at your 

 11/12/19 Period To mailing address shown above. 

 ..................................................................................... 

 Property off Premises 

 Any One Occurence $25,000 

 Max per Salesperson $10,000 

 

 Reward Payment 

 Information $10,000 

 Stolen Property $10,000 

 *Spoilage Includes Refrigeration Maintenance Agreement, 

 Selling Price, Breakdown or Contamination and Power Outage $10,000 

 Deductible $500 

 Stamps, Tickets, Including Lottery Tickets Held for Sale, and 

 Letters of Credit $500 

 *Utility Services-Direct Damage 

 Building $10,000 

 Includes: Water Supply Property, 

 Communication Supply Property (No Overhead 

 Transmission Lines), 

 Power Supply Property (No Overhead Transmission 

 Lines) 

 Business Personal Property $10,000 

 Includes: Water Supply Property, 

 Communication Supply Property (No Overhead 

 Transmission Lines), 

 Power Supply Property (No Overhead Transmission 

 Lines) 

 

 Vacancy 11% Occupied 

 *Valuable Papers and Records 

 All Other Covered Property $25,000 

 Property Away from Your Premises $5,000 

 Deductible: Not Applicable 

 If you have purchased Business Income at a location described in the schedule 

 above, then the following coverages are also added to only those location(s) for 

 which Business Income has been purchased. 

 Coverage Limit of Insurance 

 Business Income from Dependent Properties - Including 

 Extra Expense $25,000 

 *Discharge from Sewer, Drain, or Sump (Not Flood-related) 

 Business Income Including Extra Expense $50,000 

 Annual Aggregate Limit Applies 

 Newly Acquired or Constructed Property 

 Business Income 180 Days 

 ..................................................................................... 

 Includes copyrighted material of ISO, Inc. with its permission. 

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AGENCY PROD.

 

 41 

 RENEWAL 

 COMMERCIAL PROPERTY EXPANDED COVERAGE 

 ENDORSEMENT - TIER 1 SCHEDULE 

 ..................................................................................... 

 COMPANY PROVIDING COVERAGE WESTFIELD INSURANCE COMPANY 

 

 12-01133 000 NAMED INSURED AND MAILING ADDRESS 

 K&S INVESTMENT PROPERTY GROUP, ESSER HAYES INS GROUP INC 

 LLC. 2000 POLARIS PKWY 

 367 BUCKINGHAM CT COLUMBUS OH 43240-2108 

 LOMBARD IL 60148 TELEPHONE 800-236-3884 

 7 928 998 .01. 1270035528 . M Policy Number: CWP WIC Account Number: 

 11/12/18 Policy From at 12:01 A.M. Standard Time at your 

 11/12/19 Period To mailing address shown above. 

 ..................................................................................... 

 ..................................................................................... 

 If a limit is listed in Section II, that limit will supersede the limit in 

 Section I for the designated coverage(s), location(s) and building(s) 

 listed below. If no limit is listed in Section II there are no changes to 

 section I. 

 

 Note: If "All" is designated as the Loc. No./Bldg. No. coverage applies to all 

 locations, including those locations / buildings not scheduled below. 

 Section II 

 Loc. Bldg. 

 No. No. Coverage Limit of Insurance 

 ..................................................................................... 

 Includes copyrighted material of ISO, Inc. with its permission. 

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COMMERCIAL PROPERTY

COMMERCIAL PROPERTY CONDITIONS

This Coverage Part is subject to the following conditions, the Common Policy Conditions and applicable

Loss Conditions and Additional Conditions in Commercial Property Coverage Forms.

A. CONCEALMENT, MISREPRESENTATION OR

FRAUD

This Coverage Part is void in any case of

fraud by you as it relates to this Coverage

Part at any time. It is also void if you or any

other insured, at any time, intentionally conceal or misrepresent a material fact concerning:

1. This Coverage Part;

2. The Covered Property;

3. Your interest in the Covered Property; or

4. A claim under this Coverage Part.

B. CONTROL OF PROPERTY

Any act or neglect of any person other than

you beyond your direction or control will not

affect this insurance.

The breach of any condition of this Coverage

Part at any one or more locations will not affect coverage at any location where, at the

time of loss or damage, the breach of condition does not exist.

C. INSURANCE UNDER TWO OR MORE COVERAGES

If two or more of this policy's coverages apply

to the same loss or damage, we will not pay

more than the actual amount of the loss or

damage.

D. LEGAL ACTION AGAINST US

No one may bring a legal action against us

under this Coverage Part unless:

1. There has been full compliance with all

of the terms of this Coverage Part; and

2. The action is brought within 2 years after

the date on which the direct physical loss

or damage occurred.

E. LIBERALIZATION

If we adopt any revision that would broaden

the coverage under this Coverage Part without additional premium within 45 days prior

to or during the policy period, the broadened

coverage will immediately apply to this Coverage Part.

F. NO BENEFIT TO BAILEE

No person or organization, other than you,

having custody of Covered Property will benefit from this insurance.

G. OTHER INSURANCE

1. You may have other insurance subject to

the same plan, terms, conditions and

provisions as the insurance under this

Coverage Part. If you do, we will pay our

share of the covered loss or damage.

Our share is the proportion that the applicable Limit of Insurance under this

Coverage Part bears to the Limits of Insurance of all insurance covering on the

same basis.

2. If there is other insurance covering the

same loss or damage, other than that

described in 1. above, we will pay only

for the amount of covered loss or damage in excess of the amount due from

that other insurance, whether you can

collect on it or not. But we will not pay

more than the applicable Limit of Insurance.

H. POLICY PERIOD, COVERAGE TERRITORY

Under this Coverage Part:

1. We cover loss or damage commencing:

a. During the policy period shown in

the Declarations; and

b. Within the coverage territory.

2. The coverage territory is:

a. The United States of America (including its territories and possessions);

b. Puerto Rico; and

c. Canada.

I. TRANSFER OF RIGHTS OF RECOVERY

AGAINST OTHERS TO US

If any person or organization to or for whom

we make payment under this Coverage Part

has rights to recover damages from another,

those rights are transferred to us to the extent

of our payment. That person or organization

must do everything necessary to secure our

rights and must do nothing after loss to impair them. But you may waive your rights

against another party in writing:

1. Prior to a loss to your Covered Property

or Covered Income.

2. After a loss to your Covered Property or

Covered Income only if, at time of loss,

that party is one of the following:

Copyright, ISO Commercial Risk Services, Inc., 1983, 1987 CP 00 90 07 88

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a. Someone insured by this insurance;

b. A business firm:

(1) Owned or controlled by you; or

(2) That owns or controls you; or

c. Your tenant.

This will not restrict your insurance.

CP 00 90 07 88

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THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

CAP ON LOSSES FROM CERTIFIED ACTS OF

TERRORISM

This endorsement modifies insurance provided under the following:

BOILER AND MACHINERY COVERAGE PART

COMMERCIAL INLAND MARINE COVERAGE PART

COMMERCIAL PROPERTY COVERAGE PART

EQUIPMENT BREAKDOWN COVERAGE PART

FARM COVERAGE PART

STANDARD PROPERTY POLICY

A. Cap On Certified Terrorism Losses

"Certified act of terrorism" means an act that

is certified by the Secretary of the Treasury,

in accordance with the provisions of the federal Terrorism Risk Insurance Act, to be an

act of terrorism pursuant to such Act. The

criteria contained in the Terrorism Risk Insurance Act for a "certified act of terrorism"

include the following:

1. The act resulted in insured losses in excess of $5 million in the aggregate, attributable to all types of insurance

subject to the Terrorism Risk Insurance

Act; and

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

dangerous to human life, property or

infrastructure and is committed by an individual or individuals as part of an effort

to coerce the civilian population of the

United States or to influence the policy

or affect the conduct of the United States

Government by coercion.

If aggregate insured losses attributable to

terrorist acts certified under the Terrorism

Risk Insurance Act exceed $100 billion in a

calendar year and we have met our insurer

deductible under the Terrorism Risk Insurance Act, we shall not be liable for the payment of any portion of the amount of such

losses that exceeds $100 billion, and in such

case insured losses up to that amount are

subject to pro rata allocation in accordance

with procedures established by the Secretary

of the Treasury.

B. Application Of Exclusions

The terms and limitations of any terrorism

exclusion, or the inapplicability or omission

of a terrorism exclusion, do not serve to create coverage for any loss which would otherwise be excluded under this Coverage Part

or Policy, such as losses excluded by the

Nuclear Hazard Exclusion or the War And

Military Action Exclusion.

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THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

ILLINOIS CHANGES

This endorsement modifies insurance provided under the following:

CAPITAL ASSETS PROGRAM (OUTPUT POLICY) COVERAGE PART

COMMERCIAL PROPERTY COVERAGE PART

FARM COVERAGE PART

STANDARD PROPERTY POLICY

A. When this endorsement is attached to Standard Property Policy CP 00 99, the terms Coverage Part and Coverage Form in this

endorsement are replaced by the term Policy.

B. The following is added to the Legal Action

Against Us Condition:

The two year period for legal action against

us is extended by the number of days between the date the proof of loss is filed with

us and the date we deny the claim in whole

or in part.

C. If this policy covers:

1. The following in a. and b., then Paragraphs 2. and 3. apply:

a. Real property used principally for

residential purposes up to and including a four family dwelling; or

b. Household or personal property that

is usual or incidental to the occupancy of any premises used for residential purposes.

2. The second paragraph of the Appraisal

Condition is deleted and replaced by the

following:

a. Each party will pay its own appraiser

and bear the other expenses of the

appraisal and umpire equally, except as provided in b. below.

b. We will pay your appraiser's fee and

the umpire's appraisal fee, if the following conditions exist:

(1) You demanded the appraisal;

and

(2) The full amount of loss, as set

by your appraiser, is agreed to

by our appraiser or by the

umpire.

3. The Concealment, Misrepresentation Or

Fraud Condition is replaced by the following:

Concealment, Misrepresentation Or

Fraud

a. This Coverage Part or Coverage

Form is void if you or any insured

("insured") commit fraud or conceal

or misrepresent a fact in the process

leading to the issuance of this insurance, and such fraud, concealment

or misrepresentation is stated in the

policy or endorsement or in the

written application for this policy

and:

(1) Was made with actual intent to

deceive; or

(2) Materially affected either our

decision to provide this insurance or the hazard we assumed.

However, this condition will not

serve as a reason to void this Coverage Part or Coverage Form after

the Coverage Part or Coverage Form

has been in effect for one year or

one policy term, whichever is less.

b. We do not provide coverage under

this Coverage Part or Coverage

Form to you or any other insured

("insured") who, at any time subsequent to the issuance of this insurance, commit fraud or intentionally

conceal or misrepresent a material

fact relating to:

(1) This Coverage Part or Coverage

Form;

(2) The Covered Property;

(3) Your interest in the Covered

Property; or

(4) A claim under this Coverage

Part or Coverage Form.

c. Notwithstanding the limitations

stated in 3.a. above, we may cancel

the Coverage Part or Coverage Form

in accordance with the terms of the

Cancellation Condition.

D. For the Commercial Property Coverage Part

and the Standard Property Policy, the following exclusion and related provisions are

added to Paragraph B.2. Exclusions in the

Causes of Loss Forms and to any Coverage

Form or policy to which a Causes of Loss

Form is not attached:

© Insurance Services Office, Inc., 2016 IL 01 18 02 17

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1. We will not pay for loss or damage arising out of any act an insured commits or

conspires to commit with the intent to

cause a loss.

In the event of such loss, no insured is

entitled to coverage, even insureds who

did not commit or conspire to commit the

act causing the loss.

2. However, this exclusion will not apply to

deny payment to an innocent co-insured

who did not cooperate in or contribute to

the creation of the loss if:

a. The loss arose out of a pattern of

criminal domestic violence; and

b. The perpetrator of the loss is

criminally prosecuted for the act

causing the loss.

3. If we pay a claim pursuant to Paragraph

D.2., our payment to the insured is limited to that insured's insurable interest in

the property less any payments we first

made to a mortgagee or other party with

a legal secured interest in the property.

In no event will we pay more than the

Limit of Insurance.

E. The Intentional Loss Exclusion in the Causes

of Loss Form - Farm Property, Mobile Agricultural Machinery And Equipment Coverage

Form and Livestock Coverage Form is replaced by the following:

1. We will not pay for loss ("loss") or damage arising out of any act an "insured"

commits or conspires to commit with the

intent to cause a loss ("loss").

In the event of such loss ("loss"), no "insured" is entitled to coverage, even "insureds" who did not commit or conspire

to commit the act causing the loss

("loss").

2. However, this exclusion, will not apply to

deny payment to an innocent co-

"insured" who did not cooperate in or

contribute to the creation of the loss

("loss") if:

a. The loss ("loss") arose out of a pattern of criminal domestic violence;

and

b. The perpetrator of the loss ("loss")

is criminally prosecuted for the act

causing the loss.

3. If we pay a claim pursuant to Paragraph

E.2., our payment to the "insured" is limited to that "insured's" insurable interest

in the property less any payments we

first made to a mortgagee or other party

with a legal secured interest in the property. In no event will we pay more than

the Limit of Insurance.

F. The Intentional Loss Exclusion in the Capital

Assets Program (Output Policy) Coverage

Part is replaced by the following:

1. We will not pay for loss or damage arising out of any act an insured commits or

conspires to commit with the intent to

cause a loss.

In the event of such loss, no insured is

entitled to coverage, even insureds who

did not commit or conspire to commit the

act causing the loss.

2. However, this exclusion will not apply to

deny payment to an innocent co-insured

who did not cooperate in or contribute to

the creation of the loss if:

a. The loss arose out of a pattern of

criminal domestic violence; and

b. The perpetrator of the loss is

criminally prosecuted for the act

causing the loss.

3. If we pay a claim pursuant to Paragraph

F.2., our payment to the insured is limited

to that insured's insurable interest in the

property less any payments we first

made to a mortgagee or other party with

a legal secured interest in the property.

In no event will we pay more than the

Limit of Insurance.

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THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

ILLINOIS CHANGES - CANCELLATION AND NONRENEWAL

This endorsement modifies insurance provided under the following:

CAPITAL ASSETS PROGRAM (OUTPUT POLICY) COVERAGE PART

COMMERCIAL PROPERTY COVERAGE PART

FARM COVERAGE PART

A. The Cancellation Common Policy Condition is

replaced by the following:

Cancellation

1. The first Named Insured shown in the

Declarations may cancel this policy by

mailing to us advance written notice of

cancellation.

2. If this policy has been in effect for 60

days or less, except as provided in paragraphs 8. and 9. below, we may cancel

this policy by mailing written notice of

cancellation at least:

a. 10 days before the effective date of

cancellation if we cancel for nonpayment of premium; or

b. 30 days before the effective date of

cancellation if we cancel for any

other reason.

3. If this policy has been in effect for more

than 60 days, except as provided in paragraphs 8. and 9. below, we may cancel

this policy only for one or more of the

following reasons:

a. Nonpayment of premium;

b. The policy was obtained through a

material misrepresentation;

c. You have violated any of the terms

and conditions of the policy;

d. The risk originally accepted has

measurably increased;

e. Certification to the Director of Insurance of the loss of reinsurance by

the insurer which provided coverage

to us for all or a substantial part of

the underlying risk insured; or

f. A determination by the Director that

the continuation of the policy could

place us in violation of the insurance

laws of this State.

If we cancel this policy based on one or

more of the above reasons except for

nonpayment of premium, we will mail

written notice at least 60 days before the

effective date of cancellation. When

cancellation is for nonpayment of premium, we will mail written notice at least

10 days before the effective date of cancellation.

4. We will mail our notice to you, together

with our reason for cancellation, at your

last mailing address known to us. Proof

of mailing will be sufficient proof of notice.

5. Notification of cancellation will also be

sent to your broker, if known, or agent of

record, if known, and to the mortgagee

or lienholder listed on the policy.

6. Notice of cancellation will state the effective date of cancellation. The policy

period will end on that date.

7. If this policy is cancelled, we will send

the first Named Insured any premium refund due. If we cancel, the refund will be

pro rata. If the first Named Insured cancels, the refund may be less than pro

rata. The cancellation will be effective

even if we have not made or offered a

refund.

8. Real Property Other Than Residential

Properties Occupied By Four Families Or

Less

The following applies only if this policy

covers real property other than residential property occupied by four families or

less:

If any one or more of the following conditions exists at any building that is Covered Property in this policy, we may

cancel this policy by mailing to you written notice of cancellation, by both certified and regular mail, if;

a. After a fire loss, permanent repairs

to the building have not started

within 60 days of satisfactory adjustment of loss, unless the delay is due

to a labor dispute or weather conditions.

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b. The building has been unoccupied

60 or more consecutive days. This

does not apply to:

(1) Seasonal unoccupancy; or

(2) Buildings under repair, construction or reconstruction, if

properly secured against unauthorized entry.

c. The building has:

(1) An outstanding order to vacate;

(2) An outstanding demolition order; or

(3) Been declared unsafe in accordance with the law.

d. Heat, water, sewer service or public

lighting have not been connected to

the building for 30 consecutive days

or more.

The policy will cancel 10 days following

receipt of the written notice by the named

insured(s).

9. Residential Properties Occupied By Four

Families Or Less

The following applies if this policy covers

residential properties occupied by four

families or less:

If this policy has been in effect for 60

days, or if this is a renewal policy, we

may only cancel this policy for one or

more of the following reasons:

a. Nonpayment of premium;

b. The policy was obtained by misrepresentation or fraud; or

c. Any act that measurably increases

the risk originally accepted.

If we cancel this policy based on one or

more of the above reasons except for

nonpayment of premium, we will mail

written notice at least 30 days before the

effective date of cancellation. When

cancellation is for nonpayment of premium, we will mail written notice at least

10 days before the effective date of cancellation.

10. For insurance provided under the Commercial Property Coverage Part and the

Capital Assets Program (Output Policy)

Coverage Part, the following applies:

Grain In Public Grain Warehouses

(Not applicable to grain owned by the

Commodity Credit Corporation)

The following applies only with respect

to grain in public grain warehouses:

The first Named Insured or we may cancel this policy at any time by mailing to:

a. The other; and

b. The Director of the Illinois Department of Agriculture (at its Springfield

Office);

60 days' written notice of cancellation.

B. The following is added:

Nonrenewal

1. If we decide not to renew or continue this

policy, we will mail you written notice,

stating the reason for nonrenewal. Proof

of mailing will be sufficient proof of notice.

2. Except as provided in Paragraph 6. below, we will mail you notice of

nonrenewal at least 60 days before the

end of the policy period.

3. If we offer to renew or continue and you

do not accept, this policy will terminate

at the end of the current policy period.

Failure to pay the required renewal or

continuation premium when due shall

mean that you have not accepted our offer.

4. If we fail to mail proper written notice of

nonrenewal and you obtain other insurance, this policy will end on the effective

date of that insurance.

5. The following provision applies to policies other than those described in Paragraph 6.:

Notification of nonrenewal will also be

sent to your broker, if known, or agent of

record, if known, and the mortgagee or

lienholder listed on the policy.

6. The following provision applies only if

this policy covers residential properties

occupied by four families or less:

a. If this policy has been issued to you

and in effect with us for five or more

years, we may not fail to renew this

policy unless:

(1) The policy was obtained by

misrepresentation or fraud and

we mail you notice of

nonrenewal at least 30 days before the end of the policy period

as provided in 1. above;

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(2) The risk originally accepted has

measurably increased and we

mail you notice of nonrenewal

at least 30 days before the end

of the policy period as provided

in 1. above; or

(3) You received 60 days' notice of

our intent not to renew as provided in 1. above.

b. If this policy has been issued to you

and in effect with us for less than five

years, we may not fail to renew this

policy unless you received 30 days'

notice as provided in 1. above.

c. Notification of nonrenewal will also

be sent to your broker, if known, or

agent of record, if known, and to the

last known mortgagee or lienholder.

d. The nonrenewal shall not become

effective until at least 30 days from

the proof of mailing date of the notice to you.

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COMMERCIAL PROPERTY

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

EXCLUSION OF LOSS DUE TO VIRUS OR BACTERIA

This endorsement modifies insurance provided under the following:

COMMERCIAL PROPERTY COVERAGE PART

STANDARD PROPERTY POLICY

A. The exclusion set forth in Paragraph B. applies to all coverage under all forms and

endorsements that comprise this Coverage

Part or Policy, including but not limited to

forms or endorsements that cover property

damage to buildings or personal property and

forms or endorsements that cover business

income, extra expense or action of civil authority.

B. We will not pay for loss or damage caused

by or resulting from any virus, bacterium or

other microorganism that induces or is capable of inducing physical distress, illness or

disease.

However, this exclusion does not apply to

loss or damage caused by or resulting from

"fungus", wet rot or dry rot. Such loss or

damage is addressed in a separate exclusion

in this Coverage Part or Policy.

C. With respect to any loss or damage subject

to the exclusion in Paragraph B., such exclusion supersedes any exclusion relating to

"pollutants".

D. The following provisions in this Coverage Part

or Policy are hereby amended to remove reference to bacteria:

1. Exclusion of "Fungus", Wet Rot, Dry Rot

And Bacteria; and

2. Additional Coverage - Limited Coverage

for "Fungus", Wet Rot, Dry Rot And Bacteria, including any endorsement increasing the scope or amount of

coverage.

E. The terms of the exclusion in Paragraph B.,

or the inapplicability of this exclusion to a

particular loss, do not serve to create coverage for any loss that would otherwise be excluded under this Coverage Part or Policy.

© ISO Properties, Inc., 2006 CP 01 40 07 06

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COMMERCIAL PROPERTY

COMMERCIAL PROPERTY COVERAGE PART

EQUIPMENT BREAKDOWN COVERAGE SCHEDULE

These coverages apply to all locations covered on the policy, unless otherwise specified.

SCHEDULE OF COVERED LOCATIONS WITH DEDUCTIBLES

Loc. Bldg. Combined Direct Indirect Spoilage

No. No. All Coverages Coverages Coverages Deductible

Deductible Deductible Deductible ($ Amt. or % of Loss)

001 ALL $ 2,500

POLICY NUMBER: CWP 7928998

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COMMERCIAL PROPERTY

COMMERCIAL PROPERTY COVERAGE PART

EQUIPMENT BREAKDOWN COVERAGE SCHEDULE

Equipment Breakdown is subject to the Limits of Insurance shown in the Commercial Property Coverage

Part Declarations unless otherwise specified on the schedule below.

Coverages Limits

Equipment Breakdown Limit $

Business Income $

Extra Expense $

The Limits for the following Coverages are included in the Equipment Breakdown Coverage form for

$50,000 each unless otherwise specified on the schedule below. (Note: The Service Interruption Limit

will follow the Business Income, Extra Expense or Spoilage Limit with a 24 hour waiting period).

Coverages Limits

Expediting Expenses $

Hazardous Substances $

Spoilage $

Computer Equipment $

Data Restoration $

Service Interruption $

POLICY NUMBER: CWP 7928998

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COMMERCIAL PROPERTY

COMMERCIAL PROPERTY COVERAGE PART

EQUIPMENT BREAKDOWN COVERAGE SCHEDULE

Other Conditions

POLICY NUMBER: CWP 7928998

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COMMERCIAL PROPERTY

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

EQUIPMENT BREAKDOWN COVERAGE

This endorsement modifies insurance provided under the following:

COMMERCIAL PROPERTY COVERAGE PART

A. The following is added as an Additional Coverage to the Causes of Loss - Basic Form,

Broad Form or Special Form.

Additional Coverage - Equipment Breakdown

The term Covered Cause of Loss includes the

Additional Coverage Equipment Breakdown

as described and limited below:

1. We will pay for direct physical damage to

Covered Property that is the direct result

of an "accident." As used in this Additional Coverage, "accident" means a fortuitous event that causes direct physical

damage to "covered equipment." The

event must be one of the following:

a. mechanical breakdown, including

rupture or bursting caused by

centrifugal force;

b. artificially generated electrical current, including electric arcing, that

disturbs electrical devices, appliances or wires;

c. explosion of steam boilers, steam

pipes, steam engines or steam turbines owned or leased by you, or

operated under your control;

d. loss or damage to steam boilers,

steam pipes, steam engines or

steam turbines caused by or resulting from any condition or event inside such equipment; or

e. loss or damage to hot water boilers

or other water heating equipment

caused by or resulting from any

condition or event inside such boilers or equipment.

2. Unless otherwise shown in the Schedule,

the following coverages also apply to the

direct result of an "accident." These

coverages do not provide additional

amounts of insurance:

a. Expediting Expenses

With respect to your damaged Covered Property, we will pay up to

$50,000 unless otherwise shown in a

Schedule, the reasonable extra cost

to:

(1) make temporary repairs; and

(2) expedite permanent repairs or

permanent replacement.

b. Hazardous Substances

We will pay for the additional cost to

repair or replace Covered Property

because of contamination by a "hazardous substance." This includes

the additional expenses to clean up

or dispose of such property.

This does not include contamination

of "perishable goods" by refrigerant,

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

below. As used in this coverage,

additional costs mean those beyond

what would have been payable under this Equipment Breakdown Coverage had no "hazardous

substance" been involved.

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

including actual loss of Business Income you sustain and necessary

Extra Expense you incur, if shown as

covered, is $50,000 unless otherwise

shown in a Schedule.

c. Spoilage

(1) We will pay:

(a) for physical damage to

"perishable goods" due to

spoilage;

(b) for physical damage to

"perishable goods" due to

contamination from the release of refrigerant, including but not limited to

ammonia;

(c) any necessary expenses

you incur to reduce the

amount of loss under this

coverage to the extent that

they do not exceed the

amount of loss that otherwise would have been payable under this coverage.

Includes copyrighted material of

Insurance Services Office, Inc.,

with its permission.

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(2) If you are unable to replace the

"perishable goods" before its

anticipated sale, the amount of

our payment will be determined

on the basis of the sales price

of the "perishable goods" at the

time of the "accident," less discounts and expenses you otherwise would have had.

Otherwise our payment will be

determined in accordance with

the Valuation condition.

The most we will pay for loss,

damage or expense under this

coverage is $50,000 unless otherwise shown in the Schedule.

d. Computer Equipment

We will pay for loss, damage or expense caused by or resulting from

an "accident" to "computer equipment."

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

including actual loss of Business Income you sustain and necessary

Extra Expense you incur, is shown

as covered, is $50,000 unless otherwise shown in a Schedule. Computers used primarily to control or

operate "covered equipment" are

not subject to this limit.

e. Data Restoration

We will pay for your reasonable and

necessary cost to research, replace

and restore lost "data."

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

actual loss of Business Income you

sustain and necessary Extra Expense you incur, if shown as covered, is $50,000 unless otherwise

shown in a Schedule.

f. Service Interruption

(1) Any insurance provided for

Business Income, Extra Expense

or Spoilage is extended to apply

to your loss, damage or expense caused by an "accident"

to equipment that is owned by

a utility, landlord or other supplier with whom you have a

contract to supply you with any

of the following services: electrical power, waste disposal, air

conditioning, refrigeration, heating, natural gas, compressed

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

data transmission. The equipment must meet the definition

of "covered equipment" except

that is not Covered Property.

(2) Unless otherwise shown in a

Schedule, Service Interruption

coverage will not apply unless

the failure or disruption of service exceeds 24 hours immediately following the "accident."

(3) The most we will pay for loss,

damage or expense under this

coverage is the limit that applies

to Business Income, Extra Expense or Spoilage, except that

if a limit is shown in a Schedule

for Service Interruption, that

limit will apply to Business Income and Extra Expense loss

under this coverage.

g. Business Income and Extra Expense

Any insurance provided under this

coverage part for Business Income

or Extra Expense is extended to the

coverage provided by this endorsement. The most we will pay for loss

of Business Income you sustain or

necessary Extra Expense you incur

is the limit shown in the Declarations

for that coverage, unless otherwise

shown in a Schedule.

3. EXCLUSIONS

All exclusions in the Causes of Loss form

apply except as modified below and to

the extent that coverage is specifically

provided by this Additional Coverage

Equipment Breakdown.

a. The exclusions are modified as follows:

(1) If the Causes of Loss - Basic

Form or Causes of Loss - Broad

Form applies, the following is

added to Exclusion B.2.:

Depletion, deterioration, corrosion, erosion, wear and tear, or

other gradually developing conditions. But if an "accident" results, we will pay for the

resulting loss, damage or expense.

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

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However, if electrical "covered

equipment" requires drying out

because of Water as described

in g.(1) through g.(3) above, we

will pay for the direct expenses

of such drying out subject to the

applicable Limit of Insurance

and deductible for Building or

Business Personal Property,

whichever applies.

(3) If the Causes of Loss - Special

Form applies, as respects this

endorsement only, the last paragraph of Exclusion B.2.d. is

deleted and replaced with the

following:

But if an excluded cause of loss

that is listed in 2.d.(1) through

(7) results in an "accident," we

will pay for the loss, damage or

expense caused by that "accident."

b. We will not pay under this endorsement for loss, damage or expense

caused by or resulting from:

(1) your failure to use all reasonable means to protect Covered

Property from damage following

an "accident";

(2) any defect, programming error,

programming limitation, computer virus, malicious code, loss

of "data," loss of access, loss of

use, loss of functionality or other

condition within or involving

"data" or "media" of any kind.

But if an "accident" results, we

will pay for the resulting loss,

damage or expense; or

(3) any of the following tests:

a hydrostatic, pneumatic or gas

pressure test of any boiler or

pressure vessel, or an electrical

insulation breakdown test of any

type of electrical equipment.

c. With respect to Service Interruption

coverage, we will also not pay for an

"accident" caused by or resulting

from: fire; lightning; windstorm or

hail; explosion (except as specifically provided in A.1.c. above);

smoke; aircraft or vehicles; riot or

civil commotion; vandalism; sprinkler leakage; falling objects; weight

of snow, ice or sleet; freezing; collapse; flood or earth movement.

d. With respect to Business Income,

Extra Expense and Service Interruption coverages, we will also not

pay for:

(1) loss caused by your failure to

use due diligence and dispatch

all reasonable means to resume

business; or

(2) any increase in loss resulting

from an agreement between you

and your customer or supplier.

e. We will not pay for loss, damage or

expense caused directly or indirectly

by the following, whether or not

caused by or resulting from an "accident": Any mold, fungus, mildew

or yeast, including any spores or

toxins produced by or emanating

from such mold, fungus, mildew or

yeast. This includes, but is not limited to, costs arising from clean up,

removal, or abatement of such mold,

fungus, mildew or yeast, spores or

toxins. However, this exclusion does

not apply to spoilage of personal

property that is "perishable goods,"

to the extent that spoilage is covered

under Spoilage coverage.

f. We will not pay under this endorsement for any loss or damage to animals.

4. DEFINITIONS

The following definitions are added:

a. "Boilers and vessels" means:

(1) Any boiler, including attached

steam, condensate and

feedwater piping; and

(2) Any fired or unfired pressure

vessel subject to vacuum or

internal pressure other than the

static pressure of its contents.

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

appear in a Schedule.

b. "Computer equipment" means Covered Property that is electronic

computer or other data processing

equipment, including "media" and

peripherals used in conjunction with

such equipment.

c. "Covered equipment"

(1) "Covered equipment" means,

unless otherwise specified in a

Schedule, Covered Property:

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(a) that generates, transmits or

utilizes energy, including

electronic communications

and data processing equipment; or

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

the weight of its contents.

(2) None of the following is "covered equipment":

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

supported structure or

building;

(b) insulating or refractory material;

(c) sewer piping, underground

vessels or piping, or piping

forming a part of a sprinkler

system;

(d) water piping other than

boiler feedwater piping,

boiler condensate return

piping or water piping

forming a part of a refrigerating or air conditioning

system;

(e) "vehicle" or any equipment

mounted on a "vehicle";

(f) satellite, spacecraft or any

equipment mounted on a

satellite or spacecraft;

(g) dragline, excavation or

construction equipment; or

(h) equipment manufactured by

you for sale.

d. "Data" means information or instructions stored in digital code capable of being processed by

machinery.

e. "Hazardous substance" means any

substance that is hazardous to

health or has been declared to be

hazardous to health by a governmental agency.

f. "Media" means material on which

"data" is recorded, such as magnetic

tapes, hard disks, optical disks or

floppy disks.

g. "One accident" means: If an initial

"accident" causes other "accidents,"

all will be considered "one accident." All "accidents" that are the

result of the same event will be considered "one accident."

h. "Perishable goods" means personal

property maintained under controlled conditions for its preservation, and susceptible to loss or

damage if the controlled conditions

change.

i. "Production machinery" means any

machine or apparatus that processes or produces a product intended for eventual sale. However,

"production machinery" does not

mean any fired or unfired pressure

vessel other than a cylinder containing a movable plunger or piston.

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

appear in a Schedule.

j. "Vehicle" means, as respects this

endorsement only, any machine or

apparatus that is used for transportation or moves under its own

power. "Vehicle" includes, but is not

limited to, car, truck, bus, trailer,

train, aircraft, watercraft, forklift,

bulldozer, tractor or harvester.

However, any property that is stationary, permanently installed at a

covered location and that receives

electrical power from an external

power source will not be considered

a "vehicle."

B. The Building and Personal Property Coverage

Form is modified as follows. The definitions

stated above also apply to section B. of this

endorsement.

1. DEDUCTIBLE

The deductible in the Declarations applies unless a separate Equipment

Breakdown deductible is shown in a

Schedule. If a separate Equipment

Breakdown deductible is shown, the following applies.

Only as regards Equipment Breakdown

Coverage, provision D. DEDUCTIBLE is

deleted and replaced with the following:

a. Deductibles for Each Coverage

(1) Unless the Schedule indicates

that your deductible is combined for all coverages, multiple

deductibles may apply to any

"one accident."

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(2) We will not pay for loss, damage

or expense under any coverage

until the amount of the covered

loss, damage or expense exceeds the deductible amount indicated for that coverage in the

Schedule. We will then pay the

amount of loss, damage or expense in excess of the applicable deductible amount, subject

to the applicable limit.

(3) If deductibles vary by type of

"covered equipment" and more

than one type of "covered

equipment" is involved in any

"one accident," only the highest

deductible for each coverage

will apply.

b. Direct and Indirect Coverages

(1) Direct Coverages Deductibles

and Indirect Coverages Deductibles may be indicated in the

Schedule.

(2) Unless more specifically indicated in the Schedule:

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

loss; and

(b) Direct Coverages Deductibles apply to all remaining

loss, damage or expense

covered by this endorsement.

c. Application of Deductibles

(1) Dollar Deductibles

We will not pay for loss, damage

or expense resulting from any

"one accident" until the amount

of loss, damage or expense exceeds the applicable Deductible

shown in the Schedule. We will

then pay the amount of loss,

damage or expense in excess

of the applicable Deductible or

Deductibles, up to the applicable Limit of Insurance.

(2) Time Deductible

If a time deductible is shown in

the Schedule, we will not be liable for any loss occurring during

the specified number of hours

or day immediately following the

"accident." If a time deductible

is expressed in days, each day

shall mean twenty-four consecutive hours.

(3) Multiple of Average Daily Value

(ADV)

If a deductible is expressed as

a number of times ADV, that

amount will be calculated as

follows:

The ADV (Average Daily Value)

will be the Business Income (as

defined in any Business Income

coverage that is part of this policy) that would have been

earned during the period of interruption of business had no

"accident" occurred, divided by

the number of working days in

that period. No reduction shall

be made for the Business Income not being earned, or in the

number of working days, because of the "accident" or any

other scheduled or unscheduled

shutdowns during the period of

interruption. The ADV applies

to the Business Income Value

of the entire location, whether

or not the loss affects the entire

location. If more than one location is included in the valuation of the loss, the ADV will

be the combined value of all affected locations. For purposes

of this calculation, the period of

interruption may not extend beyond the period of restoration.

The number indicated in the

Schedule will be multiplied by

the ADV as determined above.

The result shall be used as the

applicable deductible.

(4) Percentage of Loss Deductibles

If a deductible is expressed as

a percentage of loss, we will not

be liable for the indicated percentage of the gross amount of

loss, damage or expense (prior

to any applicable deductible or

coinsurance) insured under the

applicable coverage. If the dollar amount of such percentage

is less than the indicated minimum deductible, the minimum

deductible will be the applicable

deductible.

2. CONDITIONS

The following conditions are in addition

to the Conditions in the Building and

Personal Property Coverage Form and

the Common Policy Conditions.

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a. Suspension

Whenever "covered equipment" is

found to be in, or exposed to, a dangerous condition, any of our representatives may immediately

suspend the insurance against loss

from an "accident" to that "covered

equipment." This can be done by

mailing or delivering a written notice

of suspension to:

(1) your last known address; or

(2) the address where the "covered

equipment" is located.

Once suspended in this way,

your insurance can be reinstated only by an endorsement

for that "covered equipment." If

we suspend your insurance, you

will get a pro rata refund of premium for that "covered equipment" for the period of

suspension. But the suspension

will be effective even if we have

not yet made or offered a refund.

b. Jurisdictional Inspections

If any property that is "covered

equipment" under this endorsement

requires inspection to comply with

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

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

c. Environmental, Safety and Efficiency

Improvements

If "covered equipment" requires replacement due to an "accident," we

will pay your additional cost to replace with equipment that is better

for the environment, safer or more

efficient than the equipment being

replaced.

However, we will not pay more than

125% of what the cost would have

been to repair or replace with like

kind and quality. This condition does

not increase any of the applicable

limits. This condition does not apply

to any property to which Actual Cash

Value applies.

d. Coinsurance

If a coinsurance percentage is

shown in a Schedule for specified

coverages, the following condition

applies.

We will not pay for the full amount

of your loss if the applicable limit is

less than the product of the specified

coinsurance percentage times the

value of the property subject to the

coverage at the time of the loss. Instead, we will determine what percentage this calculated product is

compared to the applicable limit and

apply that percentage to the gross

amount of loss. We will then subtract the applicable deductible. The

resulting amount, or the applicable

limit, is the most we will pay. We

will not pay for the remainder of the

loss. Coinsurance applies separately to each insured location.

The most we will pay for loss, damage or expense

under this endorsement arising from any "one

accident" is the applicable Limit of Insurance in

the Declarations unless otherwise shown in a

Schedule. Coverage provided under this

endorsement does not provide an additional

amount of insurance.

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COMMERCIAL PROPERTY

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

WATER EXCLUSION ENDORSEMENT

This endorsement modifies insurance provided under the following:

COMMERCIAL PROPERTY COVERAGE PART

STANDARD PROPERTY POLICY

A. The exclusion in Paragraph B. replaces the

Water Exclusion in this Coverage Part or Policy.

B. Water

1. Flood, surface water, waves (including

tidal wave and tsunami), tides, tidal water, overflow of any body of water, or

spray from any of these, all whether or

not driven by wind (including storm

surge);

2. Mudslide or mudflow;

3. Water that backs up or overflows or is

otherwise discharged from a sewer,

drain, sump, sump pump or related

equipment;

4. Water under the ground surface pressing

on, or flowing or seeping through:

a. Foundations, walls, floors or paved

surfaces;

b. Basements, whether paved or not;

or

c. Doors, windows or other openings;

or

5. Waterborne material carried or otherwise moved by any of the water referred

to in Paragraph 1., 3. or 4., or material

carried or otherwise moved by mudslide

or mudflow.

This exclusion applies regardless of whether

any of the above, in Paragraphs 1. through 5.,

is caused by an act of nature or is otherwise

caused. An example of a situation to which

this exclusion applies is the situation where

a dam, levee, seawall or other boundary or

containment system fails in whole or in part,

for any reason, to contain the water.

But if any of the above, in Paragraphs 1.

through 5., results in fire, explosion or sprinkler leakage, we will pay for the loss or damage caused by that fire, explosion or sprinkler

leakage (if sprinkler leakage is a Covered

Cause of Loss).

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COMMERCIAL PROPERTY

ILLINOIS CHANGES - ARTIFICIALLY GENERATED

ELECTRICAL CURRENT EXCLUSION

This endorsement modifies insurance provided under the following:

COMMERCIAL PROPERTY COVERAGE PART

STANDARD PROPERTY POLICY

A. The exclusion set forth in:

1. Paragraph B.2.a. of the Standard Property Policy, the Causes Of Loss - Basic

Form, the Causes Of Loss - Broad Form

and the Causes Of Loss - Special Form;

and

2. Paragraph B.2.b. of the Mortgageholders

Errors And Omissions Coverage Form

is replaced by the following exclusion:

We will not pay for loss or damage caused

by or resulting from artificially generated

electrical current, including electric arcing,

that disturbs electrical devices, appliances or

wires.

But if artificially generated electrical current

results in fire, we will pay for the loss or

damage caused by that fire.

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COMMERCIAL PROPERTY

BUSINESS INCOME (AND EXTRA EXPENSE) COVERAGE FORM

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

duties and what is and is not covered.

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

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

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

Definitions.

A. Coverage

1. Business Income

Business Income means the:

a. Net Income (Net Profit or Loss before

income taxes) that would have been

earned or incurred; and

b. Continuing normal operating expenses incurred, including payroll.

For manufacturing risks, Net Income includes the net sales value of production.

Coverage is provided as described below

for one or more of the following options

for which a Limit of Insurance is shown

in the Declarations:

(1) Business Income Including "Rental

Value".

(2) Business Income Other Than "Rental

Value".

(3) "Rental Value".

If option (1) above is selected, the term

Business Income will include "Rental

Value". If option (3) above is selected,

the term Business Income will mean

"Rental Value" only.

If Limits of Insurance are shown under

more than one of the above options, the

provisions of this Coverage Part apply

separately to each.

We will pay for the actual loss of Business Income you sustain due to the necessary "suspension" of your "operations"

during the "period of restoration". The

"suspension" must be caused by direct

physical loss of or damage to property

at premises which are described in the

Declarations and for which a Business

Income Limit of Insurance is shown in the

Declarations. The loss or damage must

be caused by or result from a Covered

Cause of Loss. With respect to loss of

or damage to personal property in the

open or personal property in a vehicle,

the described premises include the area

within 100 feet of the site at which the

described premises are located.

With respect to the requirements set

forth in the preceding paragraph, if you

occupy only part of the site at which the

described premises are located, your

premises means:

(a) The portion of the building which you

rent, lease or occupy; and

(b) Any area within the building or on

the site at which the described

premises are located, if that area

services, or is used to gain access

to, the described premises.

2. Extra Expense

a. Extra Expense Coverage is provided

at the premises described in the

Declarations only if the Declarations

show that Business Income Coverage applies to that premises.

b. Extra Expense means necessary expenses you incur during the "period

of restoration" that you would not

have incurred if there had been no

direct physical loss or damage to

property caused by or resulting from

a Covered Cause of Loss.

We will pay Extra Expense (other

than the expense to repair or replace property) to:

(1) Avoid or minimize the "suspension" of business and to continue operations at the

described premises or at replacement premises or temporary locations, including

relocation expenses and costs

to equip and operate the replacement location or temporary location.

(2) Minimize the "suspension" of

business if you cannot continue

"operations".

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We will also pay Extra Expense to

repair or replace property, but only

to the extent it reduces the amount

of loss that otherwise have been

payable under this Coverage Form.

3. Covered Causes Of Loss

See applicable Causes Of Loss Form as

shown in the Declarations.

4. Additional Limitation - Interruption of

Computer Operations

a. Coverage for Business Income does

not apply when a "suspension" of

"operations" is caused by destruction or corruption of electronic

data, or any loss or damage to electronic data, except as provided under the Additional Coverage -

Interruption of Computer Operations.

b. Coverage for Extra Expense does not

apply when action is taken to avoid

or minimize a "suspension" of "operations" caused by destruction or

corruption of electronic data, or any

loss or damage to electronic data,

except as provided under the Additional Coverage - Interruption of

Computer Operations.

c. Electronic data means information,

facts or computer programs stored

as or on, created or used on, or

transmitted to or from computer

software (including systems and applications software), on hard or

floppy disks, CD-ROMs, tapes,

drives, cells, data processing devices or any other repositories of

computer software which are used

with electronically controlled equipment. The term computer programs,

referred to in the foregoing description of electronic data, means a

set of related electronic instructions

which direct the operations and

functions of a computer or device

connected to it, which enable the

computer or device to receive, process, store, retrieve or send data.

5. Additional Coverages

a. Civil Authority

In this Additional Coverage - Civil

Authority, the described premises

are premises to which this Coverage

Form applies, as shown in the Declarations.

When a Covered Cause of Loss

causes damage to property other

than property at the described

premises, we will pay for the actual

loss of Business Income you sustain

and necessary Extra Expense

caused by action of civil authority

that prohibits access to the described premises, provided that both

of the following apply:

(1) Access to the area immediately

surrounding the damaged property is prohibited by civil authority as a result of the

damage, and the described

premises are within that area

but are not more than one mile

from the damaged property; and

(2) The action of civil authority is

taken in response to dangerous

physical conditions resulting

from the damage or continuation of the Covered Cause of

Loss that caused the damage,

or the action is taken to enable

a civil authority to have unimpeded access to the damaged

property.

Civil Authority Coverage for Business Income will begin 72 hours after the time of the first action of civil

authority that prohibits access to the

described premises and will apply

for a period of up to four consecutive

weeks from the date on which such

coverage began.

Civil Authority Coverage for Extra

Expense will begin immediately after

the time of the first action of civil

authority that prohibits access to the

described premises and will end:

(1) Four consecutive weeks after

the date of that action; or

(2) When your Civil Authority Coverage for Business Income

ends;

whichever is later.

b. Alterations And New Buildings

We will pay for the actual loss of

Business Income you sustain and

necessary Extra Expense you incur

due to direct physical loss or damage at the described premises

caused by or resulting from any

Covered Cause of Loss to:

(1) New buildings or structures,

whether complete or under construction;

(2) Alterations or additions to existing buildings or structures; and

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(3) Machinery, equipment, supplies

or building materials located on

or within 100 feet of the described premises and:

(a) Used in the construction,

alterations or additions; or

(b) Incidental to the occupancy

of new buildings.

If such direct physical loss or damage delays the start of "operations",

the "period of restoration" for Business Income Coverage will begin on

the date "operations" would have

begun if the direct physical loss or

damage had not occurred.

c. Extended Business Income

(1) Business Income Other Than

"Rental Value"

If the necessary "suspension"

of your "operations" produces a

Business Income loss payable

under this policy, we will pay for

the actual loss of Business Income you incur during the period that:

(a) Begins on the date property

(except "finished stock") is

actually repaired, rebuilt or

replaced and "operations"

are resumed; and

(b) Ends on the earlier of:

(i) The date you could restore your "operations", with reasonable speed, to the level

which would generate

the business income

amount that would

have existed if no direct physical loss or

damage had occurred;

or

(ii) 30 consecutive days after the date determined

in (1)(a) above.

However, Extended Business

Income does not apply to loss

of Business Income incurred as

a result of unfavorable business

conditions caused by the impact

of the Covered Cause of Loss in

the area where the described

premises are located.

Loss of Business Income must

be caused by direct physical

loss or damage at the described

premises caused by or resulting

from any Covered Cause of

Loss.

(2) "Rental Value"

If the necessary "suspension"

of your "operations" produces a

"Rental Value" loss payable under this policy, we will pay for

the actual loss of "Rental Value"

you incur during the period that:

(a) Begins on the date property

is actually repaired, rebuilt

or replaced and tenantability is restored; and

(b) Ends on the earlier of:

(i) The date you could restore tenant occupancy, with reasonable

speed, to the level

which would generate

the "Rental Value" that

would have existed if

no direct physical loss

or damage had occurred; or

(ii) 30 consecutive days after the date determined

in (2)(a) above.

However, Extended Business

Income does not apply to loss

of "Rental Value" incurred as a

result of unfavorable business

conditions caused by the impact

of the Covered Cause of Loss in

the area where the described

premises are located.

Loss of "Rental Value" must be

caused by direct physical loss

or damage at the described

premises caused by or resulting

from any Covered Cause of

Loss.

d. Interruption of Computer Operations

(1) Under this Additional Coverage,

electronic data has the meaning

described under Additional Limitation - Interruption of Computer Operations.

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(2) Subject to all provisions of this

Additional Coverage, you may

extend the insurance that applies to Business Income and

Extra Expense to apply to a

"suspension" of "operations"

caused by an interruption in

computer operations due to destruction or corruption of electronic data due to a Covered

Cause of Loss.

(3) With respect to the coverage

provided under this Additional

Coverage, the Covered Causes

of Loss are subject to the following:

(a) If the Causes of Loss - Special Form applies, coverage

under this Additional Coverage - Interruption Of

Computer Operations is

limited to the "specified

causes of loss" as defined

in that form, and Collapse

as set forth in that form.

(b) If the Causes Of Loss -

Broad Form applies, coverage under this Additional

Coverage - Interruption Of

Computer Operations includes Collapse as set forth

in that form.

(c) If the Causes Of Loss Form

is endorsed to add a Covered Cause of Loss, the additional Covered Cause of

Loss does not apply to the

coverage provided under

this Additional Coverage -

Interruption Of Computer

Operations.

(d) The Covered Causes of

Loss include a virus, harmful code or similar instruction introduced into or

enacted on a computer

system (including electronic

data) or a network to which

it is connected, designed to

damage or destroy any part

of the system or disrupt its

normal operation. But

there is no coverage for interruption related to manipulation of a computer

system (including electronic

data) by any employee, including a temporary or

leased employee, or by an

entity retained by you or for

you to inspect, design, install, maintain, repair or replace that system.

(4) The most we will pay under this

Additional Coverage - Interruption of Computer Operations

is $2,500 for all loss sustained

and expense incurred in any

one policy year, regardless of

the number of interruptions or

the number of premises, locations or computer systems involved. If loss payment relating

to the first interruption does not

exhaust this amount, then the

balance is available for loss or

expense sustained or incurred

as a result of subsequent interruptions in that policy year. A

balance remaining at the end of

a policy year does not increase

the amount of insurance in the

next policy year. With respect

to any interruption which begins

in one policy year and continues

or results in additional loss or

expense in a subsequent policy

year(s), all loss and expense is

deemed to be substained or incurred in the policy year in

which the interruption began.

(5) This Additional Coverage - Interruption in Computer Operations does not apply to loss

sustained or expense incurred

after the end of the "period of

restoration", even if the amount

of insurance stated in (4) above

has not been exhausted.

6. Coverage Extension

If a Coinsurance percentage of 50% or

more is shown in the Declarations, you

may extend the insurance provided by

this Coverage Part as follows:

Newly Acquired Locations

a. You may extend your Business Income and Extra Expense Coverages

to apply to property at any location

you acquire other than fairs or exhibitions.

b. The most we will pay under this Extension, for the sum of Business Income loss and Extra Expense

incurred, is $100,000 at each location.

c. Insurance under this Extension for

each newly acquired location will

end when any of the following first

occurs:

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(1) This policy expires;

(2) 30 days expire after you acquire

or begin to construct the property; or

(3) You report values to us.

We will charge you additional premium for values reported from the

date you acquire the property.

The Additional Condition, Coinsurance,

does not apply to this Extension.

B. Limits Of Insurance

The most we will pay for loss in any one occurrence is the applicable Limit of Insurance

shown in the Declarations.

Payments under the following coverages will

not increase the applicable Limit of Insurance:

1. Alterations And New Buildings;

2. Civil Authority;

3. Extra Expense; or

4. Extended Business Income.

The amounts of insurance stated in the Interruption Of Computer Operations Additional

Coverage and the Newly Acquired Locations

Coverage Extension apply in accordance with

the terms of those coverages and are separate from the Limit(s) of Insurance shown in

the Declarations for any other coverage.

C. Loss Conditions

The following conditions apply in addition to

the Common Policy Conditions and the Commercial Property Conditions.

1. Appraisal

If we and you disagree on the amount of

Net Income and operating expense or the

amount of loss, either may make written

demand for an appraisal of the loss. In

this event, each party will select a competent and impartial appraiser.

The two appraisers will select an umpire.

If they cannot agree, either may request

that selection be made by a judge of a

court having jurisdiction. The appraisers

will state separately the amount of Net

Income and operating expense or

amount of loss. If they fail to agree, they

will submit their differences to the

umpire. A decision agreed to by any two

will be binding. Each party will:

a. Pay its chosen appraiser; and

b. Bear the other expenses of the appraisal and umpire equally.

If there is an appraisal, we will still retain

our right to deny the claim.

2. Duties In The Event Of Loss

a. You must see that the following are

done in the event of loss:

(1) Notify the police if a law may

have been broken.

(2) Give us prompt notice of the direct physical loss or damage.

Include a description of the

property involved.

(3) As soon as possible, give us a

description of how, when, and

where the direct physical loss

or damage occurred.

(4) Take all reasonable steps to

protect the Covered Property

from further damage, and keep

a record of your expenses necessary to protect the Covered

Property, for consideration in

the settlement of the claim. This

will not increase the Limit of Insurance. However, we will not

pay for any subsequent loss or

damage resulting from a cause

of loss that is not a Covered

Cause of Loss. Also, if feasible,

set the damaged property aside

and in the best possible order

for examination.

(5) As often as may be reasonably

required, permit us to inspect

the property proving the loss or

damage and examine your

books and records.

Also permit us to take samples

of damaged and undamaged

property for inspection, testing

and analysis, and permit us to

make copies from your books

and records.

(6) Send us a signed, sworn proof

of loss containing the information we request to investigate

the claim. You must do this

within 60 days after our request.

We will supply you with the

necessary forms.

(7) Cooperate with us in the investigation or settlement of the

claim.

(8) If you intend to continue your

business, you must resume all

or part of your "operations" as

quickly as possible.

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b. We may examine any insured under

oath, while not in the presence of

any other insured and at such times

as may be reasonably required,

about any matter relating to this insurance or the claim, including an

insured's books and records. In the

event of an examination, an insured's answers must be signed.

3. Loss Determination

a. The amount of Business Income loss

will be determined based on:

(1) The Net Income of the business

before the direct physical loss

or damage occurred;

(2) The likely Net Income of the

business if no physical loss or

damage had occurred, but not

including any Net Income that

would likely have been earned

as a result of an increase in the

volume of business due to favorable business conditions

caused by the impact of the

Covered Cause of Loss on customers or on other businesses;

(3) The operating expenses, including payroll expenses, necessary

to resume "operations" with the

same quality of service that existed just before the direct

physical loss or damage; and

(4) Other relevant sources of information, including:

(a) Your financial records and

accounting procedures;

(b) Bills, invoices and other

vouchers; and

(c) Deeds, liens or contracts.

b. The amount of Extra Expense will be

determined based on:

(1) All expenses that exceed the

normal operating expenses that

would have been incurred by

"operations" during the "period

of restoration" if no direct physical loss or damage had occurred. We will deduct from the

total of such expenses:

(a) The salvage value that remains of any property

bought for temporary use

during the "period of restoration", once "operations"

are resumed; and

(b) Any Extra Expense that is

paid for by other insurance,

except for insurance that is

written subject to the same

plan, terms, conditions and

provisions as this insurance; and

(2) Necessary expenses that reduce the Business Income loss

that otherwise would have been

incurred.

c. Resumption Of Operations

We will reduce the amount of your:

(1) Business Income loss, other

than Extra Expense, to the extent you can resume your "operations", in whole or in part, by

using damaged or undamaged

property (including merchandise

or stock) at the described

premises or elsewhere.

(2) Extra Expense loss to the extent

you can return "operations" to

normal and discontinue such

Extra Expense.

d. If you do not resume "operations",

or do not resume "operations" as

quickly as possible, we will pay

based on the length of time it would

have taken to resume "operations"

as quickly as possible.

4. Loss Payment

We will pay for covered loss within 30

days after we receive the sworn proof of

loss, if you have complied with all of the

terms of this Coverage Part and:

a. We have reached agreement with

you on the amount of loss; or

b. An appraisal award has been made.

D. Additional Condition

COINSURANCE

If a Coinsurance percentage is shown in the

Declarations, the following condition applies

in addition to the Common Policy Conditions

and the Commercial Property Conditions.

We will not pay the full amount of any Business Income loss if the Limit of Insurance for

Business Income is less than:

1. The Coinsurance percentage shown for

Business Income in the Declarations;

times

2. The sum of:

a. The Net Income (Net Profit or Loss

before income taxes), and

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b. Operating expenses, including payroll expenses,

that would have been earned or incurred

(had no loss occurred) by your "operations" at the described premises for the

12 months following the inception, or last

previous anniversary date, of this policy

(whichever is later).

Instead, we will determine the most we will

pay using the following steps:

Step (1): Multiply the Net Income and operating expense for the 12 months

following the inception, or last previous anniversary date, of this policy by the Coinsurance percentage;

Step (2): Divide the Limit of Insurance for the

described premises by the figure

determined in Step (1): and

Step (3): Multiply the total amount of loss by

the figure determined in Step (2):

We will pay the amount determined in Step

(3) or the limit of insurance, whichever is less.

For the remainder, you will either have to rely

on other insurance or absorb the loss yourself.

In determining operating expenses for the

purpose of applying the Coinsurance condition, the following expenses, if applicable,

shall be deducted from the total of all operating expenses:

(1) Prepaid freight - outgoing;

(2) Returns and allowances;

(3) Discounts;

(4) Bad debts;

(5) Collection expenses;

(6) Cost of raw stock and factory supplies

consumed (including transportation

charges);

(7) Cost of merchandise sold (including

transportation charges);

(8) Cost of other supplies consumed (including transportation charges);

(9) Cost of services purchased from outsiders (not employees) to resell, that do not

continue under contract;

(10) Power, heat and refrigeration expenses

that do not continue under contract (if

Form CP 15 11 is attached);

(11) All ordinary payroll expenses or the

amount of payroll expense excluded (if

Form CP 15 10 is attached); and

(12) Special deductions for mining properties

(royalties unless specifically included in

coverage; actual depletion commonly

known as unit or cost depletion - not

percentage depletion; welfare and retirement fund charges based on tonnage;

hired trucks).

EXAMPLE #1 (UNDERINSURANCE)

When: The Net Income and operating expenses for the

12 months following the

inception, or last previous anniversary date,

of this policy at the described premises

would have been: $400,000

The Coinsurance percentage is: 50%

The Limit of Insurance is: $150,000

The amount of loss is: $ 80,000

Step (1): $400,000 x 50% = $200,000

(the minimum amount of

insurance to meet your

Coinsurance requirements)

Step (2): $150,000 -: $200,000 = .75

Step (3): $80,000 x .75 = $60,000

We will pay no more than $60,000. The remaining

$20,000 is not covered.

EXAMPLE #2 (ADEQUATE INSURANCE)

When: The Net Income and operating expenses for the

12 months following the

inception, or last previous anniversary date,

of this policy at the

described premises

would have been: $400,000

The Coinsurance percentage is: 50%

The Limit of Insurance is: $200,000

The amount of loss is: $ 80,000

The minimum amount of insurance to meet your

Coinsurance requirement is $200,000 ($400,000 x

50%). Therefore, the Limit of Insurance in this

example is adequate and no penalty applies. We

will pay no more than $80,000 (amount of loss).

This condition does not apply to Extra Expense

Coverage.

E. Optional Coverages

If shown as applicable in the Declarations, the

following Optional Coverages apply separately to each item.

1. Maximum Period Of Indemnity

a. The Additional Condition,

Coinsurance, does not apply to this

Coverage Form at the described

premises to which this Optional

Coverage applies.

b. The most we will pay for the total of

Business Income loss and Extra Expense is the lesser of:

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(1) The amount of loss sustained

and expenses incurred during

the 120 days immediately following the beginning of the "period of restoration"; or

(2) The Limit of Insurance shown in

the Declarations.

2. Monthly Limit Of Indemnity

a. The Additional Condition,

Coinsurance, does not apply to this

Coverage Form at the described

premises to which this Optional

Coverage applies.

b. The most we will pay for loss of

Business Income in each period of

30 consecutive days after the beginning of the "period of restoration" is:

(1) The Limit of Insurance, multiplied by

(2) The fraction shown in the Declarations for this Optional Coverage.

EXAMPLE

When: The Limit of Insurance is $120,000

The fraction shown in the

Declarations for this

Optional Coverage is 1/4

The most we will pay for

loss in each period of 30

consecutive days is: $30,000

($120,000 x 1/4 = $30,000)

If, in this example, the actual amount

of loss is:

Days 1-30: $40,000

Days 31-60: 20,000

Days 61-90: 30,000

$90,000

We will pay:

Days 1-30: $30,000

Days 31-60: 20,000

Days 61-90: 30,000

$80,000

The remaining $10,000 is not covered.

3. Business Income Agreed Value

a. To activate this Optional Coverage:

(1) A Business Income Report/Work

Sheet must be submitted to us

and must show financial data for

your "operations":

(a) During the 12 months prior

to the date of the Work

Sheet; and

(b) Estimated for the 12 months

immediately following the

inception of this Optional

Coverage.

(2) The Declarations must indicate

that the Business Income

Agreed Value Optional Coverage applies, and an Agreed

Value must be shown in the

Declarations. The Agreed Value

should be at least equal to:

(a) The Coinsurance percentage shown in the Declarations; multiplied by

(b) The amount of Net Income

and operating expenses for

the following 12 months you

report on the Work Sheet.

b. The Additional Condition,

Coinsurance, is suspended until:

(1) 12 months after the effective

date of this Optional Coverage;

or

(2) The expiration date of this policy;

whichever occurs first.

c. We will reinstate the Additional

Condition, Coinsurance, automatically if you do not submit a new

Work Sheet and Agreed Value:

(1) Within 12 months of the effective

date of this Optional Coverage;

or

(2) When you request a change in

your Business Income Limit of

Insurance.

d. If the Business Income Limit of Insurance is less than the Agreed

Value, we will not pay more of any

loss than the amount of loss multiplied by:

(1) The Business Income Limit of

Insurance; divided by

(2) The Agreed Value.

EXAMPLE

When: The Limit of Insurance is $100,000

The Agreed Value is $200,000

The amount of loss is $ 80,000

Step (1): $100,000 -: $200,000 = .50

Step (2): .50 x $80,000 = $40,000

We will pay $40,000. The remaining $40,000 is not

covered.

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4. Extended Period Of Indemnity

Under Paragraph A.5.c., Extended Business Income, the number 30 in Subparagraphs (1)(b) and (2)(b) is replaced by the

number shown in the Declarations for

this Optional Coverage.

F. Definitions

1. "Finished stock" means stock you have

manufactured.

"Finished stock" also includes whiskey

and alcoholic products being aged, unless there is a Coinsurance percentage

shown for Business Income in the Declarations.

"Finished stock" does not include stock

you have manufactured that is held for

sale on the premises of any retail outlet

insured under this Coverage Part.

2. "Operations" means:

a. Your business activities occurring at

the described premises; and

b. The tenantability of the described

premises, if coverage for Business

Income Including "Rental Value" or

"Rental Value" applies.

3. "Period of restoration" means the period

of time that:

a. Begins:

(1) 72 hours after the time of direct

physical loss or damage for

Business Income Coverage; or

(2) Immediately after the time of direct physical loss or damage for

Extra Expense Coverage;

caused by or resulting from any

Covered Cause of Loss at the described premises; and

b. Ends on the earlier of:

(1) The date when the property at

the described premises should

be repaired, rebuilt or replaced

with reasonable speed and similar quality; or

(2) The date when business is resumed at a new permanent location.

"Period of restoration" does not include

any increased period required due to the

enforcement of any ordinance or law

that:

(1) Regulates the construction, use

or repair, or requires the tearing

down of any property; or

(2) Requires any insured or others

to test for, monitor, clean up,

remove, contain, treat, detoxify

or neutralize, or in any way respond to, or assess the effects

of "pollutants".

The expiration date of this policy will not

cut short the "period of restoration."

4. "Pollutants" means any solid, liquid,

gaseous or thermal irritant or contaminant, including smoke, vapor, soot,

fumes, acids, alkalis, chemicals and

waste. Waste includes materials to be

recycled, reconditioned or reclaimed.

5. "Rental Value" means Business Income

that consists of:

a. Net Income (Net Profit of Loss before

income taxes) that would have been

earned or incurred as rental income

from tenant occupancy of the premises described in the Declarations

as furnished and equipped by you,

including fair rental value of any

portion of the described premises

which is occupied by you; and

b. Continuing normal operating expenses incurred in connection with

that premises, including;

(1) Payroll; and

(2) The amount of charges which

are the legal obligation of the

tenant(s) but would otherwise

be your obligations.

6. "Suspension" means:

a. The slowdown or cessation of your

business activities; or

b. That a part of all of the described

premises is rendered untenantable,

if coverage for Business Income Including "Rental Value" or "Rental

Value" applies.

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COMMERCIAL PROPERTY

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

BUSINESS INCOME - ACTUAL LOSS SUSTAINED ENDORSEMENT

This endorsement modifies insurance provided under the following:

BUSINESS INCOME (AND EXTRA EXPENSE) COVERAGE FORM

BUSINESS INCOME (WITHOUT EXTRA EXPENSE) COVERAGE FORM

BUSINESS INCOME (AND EXTRA EXPENSE) COVERAGE FORM

A. For the purposes of this endorsement only, SECTION A. Coverage, 5. Additional Coverages, c. Extended Business Income, (1), (b), subparagraph (iii) is added:

(iii) 12 consecutive months after the date of direct physical loss.

B. For the purposes of this endorsement only, SECTION A. Coverage, 5. Additional Coverages, c. Extended Business Income, (2), (b), subparagraph (iii) is added:

(iii) 12 consecutive months after the date of direct physical loss.

BUSINESS INCOME (WITHOUT EXTRA EXPENSE) COVERAGE FORM

A. For the purposes of this endorsement only, SECTION A. Coverage, 4. Additional Coverages, d. Extended Business Income, (1), (b), subparagraph (iii) is added:

(iii) 12 consecutive months after the date of direct physical loss.

B. For the purposes of this endorsement only, SECTION A. Coverage, 4. Additional Coverages, d. Extended Business Income, (2), (b), subparagraph (iii) is added:

(iii) 12 consecutive months after the date of direct physical loss.

BUSINESS INCOME (AND EXTRA EXPENSE) COVERAGE FORM

BUSINESS INCOME (WITHOUT EXTRA EXPENSE) COVERAGE FORM

A. When 12 months ALS (an acronym of Actual Loss Sustained) is shown in the Declarations as the

Limit of Insurance for Business Income for a specific item, SECTION B. Limits Of Insurance is deleted

in its entirety for that item.

B. For the purposes of this endorsement only, Section D., Additional Condition, Coinsurance does not

apply.

C. For the purposes of this endorsement only, Section F., Definitions, 3.b. subparagraph (3) is added:

(3) 12 consecutive months after the date of direct physical loss.

D. If the policy to which this endorsement is attached has been issued for a period of more than one

year, then this business income coverage is subject to annual rerating.

Copyright, Insurance Services Office, Inc., 2007 CP 70 70 07 12

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THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

LOSS PAYEES / ADDITIONAL INSUREDS / MORTGAGEES

The complete loss payee / additional insured / mortgagee read as follows:

WESSEX 504 CORPORATION AND THE U.S

SMALL BUSINESS ADMINISTRATION

175 N. HARBOR DRIVE #3202

CHICAGO, IL 60611

IL 70 32 01 05

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COMMERCIAL PROPERTY

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

BUSINESS INCOME CHANGESBEGINNING OF THE PERIOD OF RESTORATION

This endorsement modifies insurance provided under the following:

BUSINESS INCOME (AND EXTRA EXPENSE) COVERAGE FORM

BUSINESS INCOME (WITHOUT EXTRA EXPENSE) COVERAGE FORM

SCHEDULE

Select Either A, or B

A 72 Hour Time Period Is Replaced By 24 Hours

B 72 Hour Time Period Is Eliminated

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

X

A. If the Schedule indicates that the 72-hour

time period is replaced by 24 hours, then;

1. The 72-hour time period in the definition of "period of restoration" is replaced by 24 hours. Therefore, the

period of restoration for Business Income Coverage begins 24 hours after

the time of direct physical loss or

damage, subject to all other provisions

of the definition of "period of restoration"; and

2. The 72-hour time period in the Civil

Authority Additional Coverage is replaced by 24 hours. Therefore, coverage under the Additional Coverage -

Civil Authority begins 24 hours after

the time of action of civil authority,

subject to all other provisions of the

Additional Coverage.

B. If the Schedule indicates that the 72-hour

time period is eliminated then;

1. The 72-hour time period in the definition of "period of restoration" is deleted. Therefore, the period of

restoration for Business Income Coverage begins at the time of direct

physical loss or damage, subject to all

other provisions of the definition of

"period of restoration"; and

2. The 72-hour time period in the Civil

Authority Additional Coverage is deleted. Therefore, coverage under the

Additional Coverage - Civil Authority

begins at the time of action of civil authority, subject to all other provisions

of that Additional Coverage.

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COMMERCIAL PROPERTY

CAUSES OF LOSS - SPECIAL FORM

Words and phrases that appear in quotation marks have special meaning. Refer to Section G., Definitions.

A. Covered Causes Of Loss

When Special is shown in the Declarations,

Covered Causes of Loss means Risks Of Direct Physical Loss unless the loss is:

1. Excluded in Section B., Exclusions; or

2. Limited in Section C., Limitations;

that follow.

B. Exclusions

1. We will not pay for loss or damage

caused directly or indirectly by any of the

following. Such loss or damage is excluded regardless of any other cause or

event that contributes concurrently or in

any sequence to the loss.

a. Ordinance Or Law

The enforcement of any ordinance

or law:

(1) Regulating the construction, use

or repair of any property; or

(2) Requiring the tearing down of

any property, including the cost

of removing its debris.

This exclusion, Ordinance Or Law,

applies whether the loss results

from:

(a) An ordinance or law that is enforced even if the property has

not been damaged; or

(b) The increased costs incurred to

comply with an ordinance or law

in the course of construction,

repair, renovation, remodeling

or demolition of property, or removal of its debris, following a

physical loss to that property.

b. Earth Movement

(1) Earthquake, including any earth

sinking, rising or shifting related

to such event;

(2) Landslide, including any earth

sinking, rising or shifting related

to such event;

(3) Mine subsidence, meaning

subsidence of a man-made

mine, whether or not mining activity has ceased;

(4) Earth sinking (other than

sinkhole collapse), rising or

shifting including soil conditions

which cause settling, cracking

or other disarrangement of

foundations or other parts of

realty. Soil conditions include

contraction, expansion, freezing, thawing, erosion, improperly compacted soil and the

action of water under the

ground surface.

But if Earth Movement, as described

in b.(1) through (4) above, results in

fire or explosion, we will pay for the

loss or damage caused by that fire

or explosion.

(5) Volcanic eruption, explosion or

effusion. But if volcanic

eruption, explosion or effusion

results in fire, building glass

breakage or Volcanic Action, we

will pay for the loss or damage

caused by that fire, building

glass breakage or Volcanic

Action.

Volcanic Action means direct

loss or damage resulting from

the eruption of a volcano when

the loss or damage is caused

by:

(a) Airborne volcanic blast or

airborne shock waves;

(b) Ash, dust or particulate

matter; or

(c) Lava flow.

All volcanic eruptions that occur

within any 168-hour period will

constitute a single occurrence.

Volcanic Action does not include

the cost to remove ash, dust or

particulate matter that does not

cause direct physical loss or

damage to the described property.

c. Governmental Action

Seizure or destruction of property by

order of governmental authority.

But we will pay for loss or damage

caused by or resulting from acts of

destruction ordered by governmental authority and taken at the

time of a fire to prevent its spread,

if the fire would be covered under

this Coverage Part.

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d. Nuclear Hazard

Nuclear reaction or radiation, or radioactive contamination, however

caused.

But if nuclear reaction or radiation,

or radioactive contamination, results

in fire, we will pay for the loss or

damage caused by that fire.

e. Utility Services

The failure of power, communication, water or other utility service

supplied to the described premises,

however caused, if the failure:

(1) Originates away from the described premises; or

(2) Originates at the described

premises, but only if such failure

involves equipment used to

supply the utility service to the

described premises from a

source away from the described

premises.

Failure of any utility service includes

lack of sufficient capacity and reduction in supply.

Loss or damage caused by a surge

of power is also excluded, if the

surge would not have occurred but

for an event causing a failure of

power.

But if the failure or surge of power,

or the failure of communication, water or other utility service, results in

a Covered Cause of Loss, we will

pay for the loss or damage caused

by that Covered Cause of Loss.

Communication services include but

are not limited to service relating to

Internet access to access to any

electronic, cellular or satellite network.

f. War And Military Action

(1) War, including undeclared or

civil war;

(2) Warlike action by a military

force, including action in

hindering or defending against

an actual or expected attack, by

any government, sovereign or

other authority using military

personnel or other agents; or

(3) Insurrection, rebellion, revolution, usurped power, or action

taken by governmental authority

in hindering or defending

against any of these.

g. Water

(1) Flood, surface water, waves,

tides, tidal waves, overflow of

any body of water, or their

spray, all whether driven by

wind or not;

(2) Mudslide or mudflow;

(3) Water that backs up or overflows from a sewer, drain or

sump; or

(4) Water under the ground surface

pressing on, or flowing or

seeping through:

(a) Foundations, walls, floors

or paved surfaces;

(b) Basements, whether paved

or not; or

(c) Doors, windows or other

openings.

But if Water, as described in g.(1)

through g.(4) above, results in fire,

explosion or sprinkler leakage, we

will pay for the loss or damage

caused by that fire, explosion or

sprinkler leakage.

h. "Fungus", Wet Rot, Dry Rot And

Bacteria

Presence, growth, proliferation,

spread or any activity of "fungus",

wet or dry rot or bacteria.

But if "fungus", wet or dry rot or

bacteria results in a "specified cause

of loss", we will pay for the loss or

damage caused by that "specified

cause of loss".

This exclusion does not apply:

1. When "fungus", wet or dry rot

or bacteria results from fire or

lightning; or

2. To the extent that coverage is

provided in the Additional Coverage - Limited Coverage For

"Fungus", Wet Rot, Dry Rot And

Bacteria with respect to loss or

damage by a cause of loss other

than fire or lightning.

Exclusions B.1.a. through B.1.h. apply

whether or not the loss event results in

widespread damage or affects a substantial area.

2. We will not pay for loss or damage

caused by or resulting from any of the

following:

a. Artificially generated electrical,

magnetic or electromagnetic energy

that damages, disturbs, disrupts or

otherwise interferes with any:

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(1) Electrical or electronic wire, device, appliance, system or network; or

(2) Device, appliance, system or

network utilizing cellular or satellite technology.

For the purpose of this exclusion,

electrical, magnetic or

electromagnetic energy includes but

is not limited to:

(a) Electrical current, including

arcing;

(b) Electrical charge produced

or conducted by a magnetic

or electromagnetic field;

(c) Pulse of electromagnetic

energy; or

(d) Electromagnetic waves or

microwaves.

But if fire results, we will pay for the

loss or damage caused by that fire.

b. Delay, loss of use or loss of market.

c. Smoke, vapor or gas from agricultural smudging or industrial operations.

d. (1) Wear and tear;

(2) Rust or other corrosion, decay,

deterioration, hidden or latent

defect or any quality in property

that causes it to damage or destroy itself;

(3) Smog;

(4) Settling, cracking, shrinking or

expansion;

(5) Nesting or infestation, or discharge or release of waste products or secretions, by insects,

birds, rodents or other animals.

(6) Mechanical breakdown, including rupture or bursting caused

by centrifugal force. But if mechanical breakdown results in

elevator collision, we will pay

for the loss or damage caused

by that elevator collision.

(7) The following causes of loss to

personal property:

(a) Dampness or dryness of atmosphere;

(b) Changes in or extremes of

temperature; or

(c) Marring or scratching.

But if an excluded cause of loss that

is listed in 2.d.(1) through (7) results

in a "specified cause of loss" or

building glass breakage, we will pay

for the loss or damage caused by

that "specified cause of loss" or

building glass breakage.

e. Explosion of steam boilers, steam

pipes, steam engines or steam turbines owned or leased by you, or

operated under your control. But if

explosion of steam boilers, steam

pipes, steam engines or steam turbines results in fire or combustion

explosion, we will pay for the loss

or damage caused by that fire or

combustion explosion. We will also

pay for loss or damage caused by

or resulting from the explosion of

gases or fuel within the furnace of

any fired vessel or within the flues

or passages through which the

gases of combustion pass.

f. Continuous or repeated seepage or

leakage of water, or the presence or

condensation of humidity, moisture

or vapor, that occurs over a period

of 14 days or more.

g. Water, other liquids, powder or

molten material that leaks or flows

from plumbing, heating, air conditioning or other equipment (except

fire protective systems) caused by

or resulting from freezing, unless:

(1) You do your best to maintain

heat in the building or structure;

or

(2) You drain the equipment and

shut off the supply if the heat is

not maintained.

h. Dishonest or criminal act by you, any

of your partners, members, officers,

managers, employees (including

leased employees), directors, trustees, authorized representatives or

anyone to whom you entrust the

property for any purpose:

(1) Acting alone or in collusion with

others; or

(2) Whether or not occurring during

the hours of employment.

This exclusion does not apply to acts

of destruction by your employees

(including leased employees); but

theft by employees (including leased

employees) is not covered.

i. Voluntary parting with any property

by you or anyone else to whom you

have entrusted the property if induced to do so by any fraudulent

scheme, trick, device or false pretense.

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j. Rain, snow, ice or sleet to personal

property in the open.

k. Collapse, including any of the following conditions of property or any

part of the property:

(1) An abrupt falling down or caving

in;

(2) Loss of structural integrity, including separation of parts of

the property or property in danger of falling down or caving in;

or

(3) Any cracking, bulging, sagging,

bending, leaning, settling,

shrinkage or expansion as such

condition relates to (1) or (2)

above.

But if collapse results in a Covered

Cause of Loss at the described

premises, we will pay for the loss or

damage caused by that Covered

Cause of Loss.

This exclusion, k., does not apply:

(a) To the extent that coverage

is provided under the Additional Coverage - Collapse;

or

(b) To collapse caused by one

or more of the following:

(i) The "specified causes

of loss";

(ii) Breakage of building

glass;

(iii) Weight of rain that collects on a roof; or

(iv) Weight of people or

personal property.

l. Discharge, dispersal, seepage, migration, release or escape of

"pollutants" unless the discharge,

dispersal, seepage, migration, release or escape is itself caused by

any of the "specified causes of loss".

But if the discharge, dispersal,

seepage, migration, release or escape of "pollutants" results in a

"specified cause of loss", we will pay

for the loss or damage caused by

that "specified cause of loss".

This exclusion l., does not apply to

damage to glass caused by chemicals applied to the glass.

m. Neglect of an insured to use all reasonable means to save and preserve

property from further damage at and

after the time of loss.

3. We will not pay for loss or damage

caused by or resulting from any of the

following, 3.a. through 3.c. But if an excluded cause of loss that is listed in 3.a.

through 3.c. results in a Covered Cause

of Loss, we will pay for the loss or damage caused by that Covered Cause of

Loss.

a. Weather conditions. But this exclusion only applies if weather conditions contribute in any way with a

cause or event excluded in Paragraph 1. above to produce the loss

or damage.

b. Acts or decisions, including the failure to act or decide, of any person,

group, organization or governmental

body.

c. Faulty, inadequate or defective:

(1) Planning, zoning, development,

surveying, siting;

(2) Design, specifications, workmanship, repair, construction,

renovation, remodeling, grading, compaction;

(3) Materials used in repair, construction, renovation or remodeling; or

(4) Maintenance;

of part or all of any property on or

off the described premises.

4. Special Exclusions

The following provisions apply only to the

specified Coverage Forms.

a. Business Income (And Extra Expense) Coverage Form, Business Income (Without Extra Expense)

Coverage Form, Or Extra Expense

Coverage Form

We will not pay for:

(1) Any loss caused by or resulting

from:

(a) Damage or destruction of

"finished stock"; or

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(b) The time required to reproduce "finished stock".

This exclusion does not apply to

Extra Expense.

(2) Any loss caused by or resulting

from direct physical loss or

damage to radio or television

antennas (including satellite

dishes) and their lead-in wiring,

masts or towers.

(3) Any increase of loss caused by

or resulting from:

(a) Delay in rebuilding, repairing or replacing the property or resuming

"operations", due to interference at the location of

the rebuilding, repair or replacement by strikers or

other persons; or

(b) Suspension, lapse or cancellation of any license,

lease or contract. But if the

suspension, lapse or cancellation is directly caused

by the "suspension" of "operations", we will cover

such loss that affects your

Business Income during the

"period of restoration" and

any extension of the "period

of restoration" in accordance with the terms of the

Extended Business Income

Additional Coverage and

the Extended Period Of

Indemnity Optional Coverage or any variation of

these.

(4) Any Extra Expense caused by

or resulting from suspension,

lapse or cancellation of any license, lease or contract beyond

the "period of restoration".

(5) Any other consequential loss.

b. Leasehold Interest Coverage Form

(1) Paragraph B.1.a., Ordinance Or

Law, does not apply to insurance under this Coverage Form.

(2) We will not pay for any loss

caused by:

(a) Your cancelling the lease;

(b) The suspension, lapse or

cancellation of any license;

or

(c) Any other consequential

loss.

c. Legal Liability Coverage Form

(1) The following exclusions do not

apply to insurance under this

Coverage Form:

(a) Paragraph B.1.a., Ordinance Or Law;

(b) Paragraph B.1.c., Governmental Action;

(c) Paragraph B.1.d., Nuclear

Hazard;

(d) Paragraph B.1.e., Utility

Services; and

(e) Paragraph B.1.f., War And

Military Action.

(2) The following additional exclusions apply to insurance under

this Coverage Form:

(a) Contractual Liability

We will not defend any

claim or "suit", or pay damages that you are legally liable to pay, solely by

reason of your assumption

of liability in a contract or

agreement. But this exclusion does not apply to a

written lease agreement in

which you have assumed

liability for building damage

resulting from an actual or

attempted burglary or robbery, provided that:

(i) Your assumption of liability was executed

prior to the accident;

and

(ii) The building is Covered Property under

this Coverage Form.

(b) Nuclear Hazard

We will not defend any

claim or "suit", or pay any

damages, loss, expense or

obligation, resulting from

nuclear reaction or

radiation, or radioactive

contamination, however

caused.

5. Additional Exclusion

The following provisions apply only to the

specified property.

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LOSS OR DAMAGE TO PRODUCTS

We will not pay for loss or damage to any

merchandise, goods or other product

caused by or resulting from error or

omission by any person or entity (including those having possession under an

arrangement where work or a portion of

the work is outsourced) in any stage of

the development, production or use of

the product, including planning, testing,

processing, packaging, installation,

maintenance or repair. This exclusion

applies to any effect that compromises

the form, substance or quality of the product. But if such error or omission results in a Covered Cause of Loss, we will

pay for the loss or damage caused by

that Covered Cause of Loss.

C. Limitations

The following limitations apply to all policy

forms and endorsements, unless otherwise

stated.

1. We will not pay for loss of or damage to

property, as described and limited in this

section. In addition, we will not pay for

any loss that is a consequence of loss or

damage as described and limited in this

section.

a. Steam boilers, steam pipes, steam

engines or steam turbines caused

by or resulting from any condition or

event inside such equipment. But

we will pay for loss of or damage to

such equipment caused by or resulting from an explosion of gases

or fuel within the furnace of any fired

vessel or within the flues or passages through which the gases of

combustion pass.

b. Hot water boilers or other water

heating equipment caused by or resulting from any condition or event

inside such boilers or equipment,

other than an explosion.

c. The interior of any building or structure, or to personal property in the

building or structure, caused by or

resulting from rain, snow, sleet, ice,

sand or dust, whether driven by wind

or not, unless:

(1) The building or structure first

sustains damage by a Covered

Cause of Loss to its roof or walls

through which the rain, snow,

sleet, ice, sand or dust enters;

or

(2) The loss or damage is caused

by or results from thawing of

snow, sleet or ice on the building or structure.

d. Building materials and supplies not

attached as part of the building or

structure, caused by or resulting

from theft.

However, this limitation does not

apply to:

(1) Building materials and supplies

held for sale by you, unless they

are insured under the Builders

Risk Coverage Form; or

(2) Business Income Coverage or

Extra Expense Coverage.

e. Property that is missing, where the

only evidence of the loss or damage

is a shortage disclosed on taking inventory, or other instances where

there is no physical evidence to

show what happened to the property.

f. Property that has been transferred

to a person or to a place outside the

described premises on the basis of

unauthorized instructions.

2. We will not pay for loss of or damage to

the following types of property unless

caused by the "specified causes of loss"

or building glass breakage:

a. Animals, and then only if they are

killed or their destruction is made

necessary.

b. Fragile articles such as statuary,

marbles, chinaware and porcelains,

if broken. This restriction does not

apply to:

(1) Glass; or

(2) Containers of property held for

sale.

c. Builders' machinery, tools and

equipment owned by you or entrusted to you, provided such property is Covered Property.

However, this limitation does not

apply:

(1) If the property is located on or

within 100 feet of the described

premises, unless the premises

is insured under the Builders

Risk Coverage Form; or

(2) To Business Income Coverage

or to Extra Expense Coverage.

3. The special limit shown for each category, a. through d., is the total limit for

loss of or damage to all property in that

category. The special limit applies to any

one occurrence of theft, regardless of the

types or number of articles that are lost

or damaged in that occurrence. The

special limits are:

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a. $2,500 for furs, fur garments and

garments trimmed with fur.

b. $2,500 for jewelry, watches, watch

movements, jewels, pearls, precious

and semi-precious stones, bullion,

gold, silver, platinum and other precious alloys or metals. This limit

does not apply to jewelry and

watches worth $100 or less per item.

c. $2,500 for patterns, dies, molds and

forms.

d. $250 for stamps, tickets, including

lottery tickets held for sale, and letters of credit.

These special limits are part of, not in

addition to, the Limit of Insurance applicable to the Covered Property.

This limitation, C.3., does not apply to

Business Income Coverage or to Extra

Expense Coverage.

4. We will not pay the cost to repair any

defect to a system or appliance from

which water, other liquid, powder or

molten material escapes. But we will

pay the cost to repair or replace damaged parts of fire-extinguishing equipment if the damage:

a. Results in discharge of any substance from an automatic fire protection system; or

b. Is directly caused by freezing.

However, this limitation does not apply

to Business Income Coverage or to Extra

Expense Coverage.

D. Additional Coverage - Collapse

The coverage provided under this Additional

Coverage - Collapse applies only to an abrupt

collapse as described and limited in D.1.

through D.7.

1. For the purpose of this Additional Coverage - Collapse, abrupt collapse means

an abrupt falling down or caving in of a

building or any part of a building with the

result that the building or part of the

building cannot be occupied for its intended purpose.

2. We will pay for direct physical loss or

damage to Covered Property, caused by

abrupt collapse of a building or any part

of a building that is insured under this

Coverage Form or that contains Covered

Property insured under this Coverage

Form, if such collapse is caused by one

or more of the following:

a. Building decay that is hidden from

view, unless the presence of such

decay is known to an insured prior

to collapse;

b. Insect or vermin damage that is hidden from view, unless the presence

of such damage is known to an insured prior to collapse;

c. Use of defective material or methods

in construction, remodeling or renovation if the abrupt collapse occurs

during the course of the construction, remodeling or renovation.

d. Use of defective material or methods

in construction, remodeling or renovation if the abrupt collapse occurs

after the construction, remodeling or

renovation is complete, but only if

the collapse is caused in part by:

(1) A cause of loss listed in 2.a. or

2.b.;

(2) One or more of the "specified

causes of loss";

(3) Breakage of building glass;

(4) Weight of people or personal

property; or

(5) Weight of rain that collects on a

roof.

3. This Additional Coverage - Collapse does

not apply to:

a. A building or any part of a building

that is in danger of falling down or

caving in;

b. A part of a building that is standing,

even if it has separated from another

part of the building; or

c. A building that is standing or any

part of a building that is standing,

even if it shows evidence of cracking, bulging, sagging, bending, leaning, settling, shrinkage or expansion.

4. With respect to the following property:

a. Outdoor radio or television antennas

(including satellite dishes) and their

lead-in wiring, masts or towers;

b. Awnings, gutters and downspouts;

c. Yard fixtures;

d. Outdoor swimming pools;

e. Fences;

f. Piers, wharves and docks;

g. Beach or diving platforms or appurtenances;

h. Retaining walls; and

i. Walks, roadways and other paved

surfaces;

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if an abrupt collapse is caused by a

cause of loss listed in 2.a. through 2.d.,

we will pay for loss or damage to that

property only if:

(1) Such loss or damage is a direct result of the abrupt collapse of a

building insured under this Coverage Form; and

(2) The property is Covered Property

under this Coverage Form.

5. If personal property abruptly falls down

or caves in and such collapse is not the

result of abrupt collapse of a building,

we will pay for loss or damage to Covered Property caused by such collapse

of personal property only if:

a. The collapse of personal property

was caused by a cause of loss listed

in 2.a. through 2.d.;

b. The personal property which collapses is inside a building; and

c. The property which collapses is not

of a kind listed in 4., regardless of

whether that kind of property is considered to be personal property or

real property.

The coverage stated in this Paragraph 5.

does not apply to personal property if

marring and/or scratching is the only

damage to that personal property caused

by the collapse.

6. This Additional Coverage - Collapse does

not apply to personal property that has

not abruptly fallen down or caved in,

even if the personal property shows evidence of cracking, bulging, sagging,

bending, leaning, settling, shrinkage or

expansion.

7. This Additional Coverage - Collapse will

not increase the Limits of Insurance provided in this Coverage Part.

8. The term Covered Cause of Loss includes the Additional Coverage - Collapse as described and limited in D.1.

through D.7.

E. Additional Coverage - Limited Coverage For

"Fungus", Wet Rot, Dry Rot And Bacteria

1. The coverage described in E.2. and E.6.

only applies when the "fungus", wet or

dry rot or bacteria is the result of one or

more of the following causes that occurs

during the policy period and only if all

reasonable means were used to save

and preserve the property from further

damage at the time of and after that occurrence.

a. A "specified cause of loss" other

than fire or lightning; or

b. Flood, if the Flood Coverage Endorsement applies to the affected

premises.

2. We will pay for loss or damage by "fungus", wet or dry rot or bacteria. As used

in this Limited Coverage, the term loss

or damage means:

a. Direct physical loss or damage to

Covered Property caused by "fungus", wet or dry rot or bacteria, including the cost of removal of the

"fungus", wet or dry rot or bacteria;

b. The cost to tear out and replace any

part of the building or other property

as needed to gain access to the

"fungus", wet or dry rot or bacteria;

and

c. The cost of testing performed after

removal, repair, replacement or restoration of the damaged property is

completed, provided there is a reason to believe that "fungus", wet or

dry rot or bacteria are present.

3. The coverage described under E.2. of this

Limited Coverage is limited to $15,000.

Regardless of the number of claims, this

limit is the most we will pay for the total

of all loss or damage arising out of all

occurrences of "specified causes of loss"

(other than fire or lightning) and Flood

which take place in a 12-month period

(starting with the beginning of the present annual policy period). With respect

to a particular occurrence of loss which

results in "fungus", wet or dry rot or

bacteria, we will not pay more than a total of $15,000 even if the "fungus", wet or

dry rot or bacteria continues to be present or active, or recurs, in a later policy

period.

4. The coverage provided under this Limited Coverage does not increase the applicable Limit of Insurance on any

Covered Property. If a particular occurrence results in loss or damage by "fungus", wet or dry rot or bacteria, and other

loss or damage, we will not pay more, for

the total of all loss or damage, than the

applicable Limit of Insurance on the affected Covered Property.

If there is covered loss or damage to

Covered Property, not caused by "fungus", wet or dry rot or bacteria, loss

payment will not be limited by the terms

of this Limited Coverage, except to the

extent that "fungus", wet or dry rot or

bacteria causes an increase in the loss.

Any such increase in the loss will be

subject to the terms of this Limited Coverage.

5. The terms of this Limited Coverage do

not increase or reduce the coverage

provided under Paragraph F.2. (Water

Damage, Other Liquids, Powder Or Molten Material Damage) of this Causes Of

Loss Form or under the Additional Coverage - Collapse.

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6. The following, 6.a. or 6.b., applies only if

Business Income and/or Extra Expense

Coverage applies to the described

premises and only if the "suspension" of

"operations" satisfies all terms and conditions of the applicable Business Income and/or Extra Expense Coverage

Form.

a. If the loss which resulted in "fungus",

wet or dry rot or bacteria does not in

itself necessitate a "suspension" of

"operations", but such "suspension"

is necessary due to loss or damage

to property caused by "fungus", wet

or dry rot or bacteria, then our payment under Business Income and/or

Extra Expense is limited to the

amount of loss and/or expense sustained in a period of not more than

30 days. The days need not be consecutive.

b If a covered "suspension" of "operations" was caused by loss or damage other than "fungus", wet or dry

rot or bacteria but remediation of

"fungus", wet or dry rot or bacteria

prolongs the "period of restoration",

we will pay for loss and/or expense

sustained during the delay (regardless of when such a delay occurs

during the "period of restoration"),

but such coverage is limited to 30

days. The days need not be consecutive.

F. Additional Coverage Extensions

1. Property In Transit

This Extension applies only to your personal property to which this form applies.

a. You may extend the insurance provided by this Coverage Part to apply

to your personal property (other than

property in the care, custody or control of your salespersons) in transit

more than 100 feet from the described premises. Property must be

in or on a motor vehicle you own,

lease or operate while between

points in the coverage territory.

b. Loss or damage must be caused by

or result from one of the following

causes of loss:

(1) Fire, lightning, explosion, windstorm or hail, riot or civil commotion, or vandalism.

(2) Vehicle collision, upset or overturn. Collision means accidental contact of your vehicle

with another vehicle or object.

It does not mean your vehicle's

contact with the roadbed.

(3) Theft of an entire bale, case or

package by forced entry into a

securely locked body or compartment of the vehicle. There

must be visible marks of the

forced entry.

c. The most we will pay for loss or

damage under this Extension is

$5,000.

This Coverage Extension is additional insurance. The Additional Condition,

Coinsurance, does not apply to this Extension.

2. Water Damage, Other Liquids, Powder

Or Molten Material Damage

If loss or damage caused by or resulting

from covered water or other liquid, powder or molten material damage loss occurs, we will also pay the cost to tear out

and replace any part of the building or

structure to repair damage to the system

or appliance from which the water or

other substance escapes. This Coverage

Extension does not increase the Limit of

Insurance.

3. Glass

a. We will pay for expenses incurred to

put up temporary plates or board up

openings if repair or replacement of

damaged glass is delayed.

b. We will pay for expenses incurred to

remove or replace obstructions

when repairing or replacing glass

that is part of a building. This does

not include removing or replacing

window displays.

This Coverage Extension, F.3., does not

increase the Limit of Insurance.

G. Definitions

1. "Fungus" means any type or form of fungus, including mold or mildew, and any

mycotoxins, spores, scents or by-products produced or released by fungi.

2. "Specified causes of loss" means the following: fire; lightning; explosion; windstorm or hail; smoke; aircraft or vehicles;

riot or civil commotion; vandalism; leakage from fire extinguishing equipment;

sinkhole collapse; volcanic action; falling

objects; weight of snow, ice or sleet; water damage.

a. Sinkhole collapse means the sudden

sinking or collapse of land into underground empty spaces created by

the action of water on limestone or

dolomite. This cause of loss does

not include:

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(1) The cost of filling sinkholes; or

(2) Sinking or collapse of land into

man-made underground cavities.

b. Falling objects does not include loss

or damage to:

(1) Personal property in the open;

or

(2) The interior of a building or

structure, or property inside a

building or structure, unless the

roof or an outside wall of the

building or structure is first

damaged by a falling object.

c. Water damage means accidental

discharge or leakage of water or

steam as the direct result of the

breaking apart or cracking of a

plumbing, heating, air conditioning

or other system or appliance (other

than a sump system including its related equipment and parts), that is

located on the described premises

and contains water or steam.

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COMMERCIAL PROPERTY

BUILDING AND PERSONAL PROPERTY COVERAGE FORM

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

duties and what is and is not covered.

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

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

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

Definitions.

A. Coverage

We will pay for direct physical loss of or

damage to Covered Property at the premises

described in the Declarations caused by or

resulting from any Covered Cause of Loss.

1. Covered Property

Covered Property, as used in this Coverage Part, means the type of property described in this section, A.1., and limited

in A.2., Property Not Covered, if a Limit

of Insurance is shown in the Declarations

for that type of property.

a. Building, meaning the building or

structure described in the Declarations, including:

(1) Completed additions;

(2) Fixtures, including outdoor fixtures;

(3) Permanently installed:

(a) Machinery and

(b) Equipment;

(4) Personal property owned by you

that is used to maintain or service the building or structure or

its premises, including:

(a) Fire-extinguishing equipment;

(b) Outdoor furniture;

(c) Floor coverings; and

(d) Appliances used for refrigerating, ventilating, cooking, dishwashing or

laundering;

(5) If not covered by other insurance:

(a) Additions under construction, alterations and

repairs to the building or

structure;

(b) Materials, equipment, supplies and temporary structures, on or within 100 feet

of the described premises,

used for making additions,

alterations or repairs to the

building or structure.

b. Your Business Personal Property located in or on the building described

in the Declarations or in the open (or

in a vehicle) within 100 feet of the

described premises, consisting of

the following unless otherwise specified in the Declarations or on the

Your Business Personal Property -

Separation Of Coverage form:

(1) Furniture and fixtures;

(2) Machinery and equipment;

(3) "Stock";

(4) All other personal property

owned by you and used in your

business;

(5) Labor, materials or services

furnished or arranged by you on

personal property of others;

(6) Your use interest as tenant in

improvements and betterments.

Improvements and betterments

are fixtures, alterations, installations or additions:

(a) Made a part of the building

or structure you occupy but

do not own; and

(b) You acquired or made at

your expense but cannot

legally remove;

(7) Leased personal property for

which you have a contractual

responsibility to insure, unless

otherwise provided for under

Personal Property Of Others.

c. Personal Property Of Others that is:

(1) In your care, custody or control;

and

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(2) Located in or on the building

described in the Declarations or

in the open (or in a vehicle)

within 100 feet of the described

premises.

However, our payment for loss of or

damage to personal property of others will only be for the account of the

owner of the property.

2. Property Not Covered

Covered Property does not include:

a. Accounts, bills, currency, deeds,

food stamps or other evidences of

debt, money, notes or securities.

Lottery tickets held for sale are not

securities;

b. Animals, unless owned by others

and boarded by you, or if owned by

you, only as "stock" while inside of

buildings;

c. Automobiles held for sale;

d. Bridges, roadways, walks, patios or

other paved surfaces;

e. Contraband, or property in the

course of illegal transportation or

trade;

f. The cost of excavations, grading,

backfilling or filling;

g. Foundations of buildings, structures,

machinery or boilers if their foundations are below:

(1) The lowest basement floor; or

(2) The surface of the ground, if

there is no basement;

h. Land (including land on which the

property is located), water, growing

crops or lawns;

i. Personal property while airborne or

waterborne;

j. Bulkheads, pilings, piers, wharves

or docks;

k. Property that is covered under another coverage form of this or any

other policy in which it is more specifically described, except for the

excess of the amount due (whether

you can collect on it or not) from that

other insurance;

l. Retaining walls that are not part of

a building;

m. Underground pipes, flues or drains;

n. Electronic data, except as provided

under the Additional Coverage -

Electronic Data. Electronic data

means information, facts or computer programs stored as or on,

created or used on, or transmitted to

or from computer software (including

systems and applications software),

on hard or floppy disks, CD-ROMs,

tapes, drives, cells, data processing

devices or any other repositories of

computer software which are used

with electronically controlled equipment. The term computer programs,

referred to in the foregoing description of electronic data, means a

set of related electronic instructions

which direct the operations and

functions of a computer or device

connected to it, which enables the

computer or device connected to receive, process, store, retrieve or

send data. This paragraph, n., does

not apply to your "stock" of prepackaged software;

o. The cost to replace or restore the

information on valuable papers and

records, including those which exist

as electronic data. Valuable papers

and records include but are not limited to proprietary information,

books of account, deeds, manuscripts, abstracts, drawings and card

index systems. Refer to the Coverage Extension for Valuable Papers

And Records (Other Than Electronic

Data) for limited coverage for valuable papers and records other than

those which exist as electronic data;

p. Vehicles or self-propelled machines

(including aircraft or watercraft) that:

(1) Are licensed for use on public

roads; or

(2) Are operated principally away

from the described premises.

This paragraph does not apply to:

(a) Vehicles or self-propelled machines or autos you manufacture, process or warehouse;

(b) Vehicles or self-propelled machines, other than autos, you

hold for sale;

(c) Rowboats or canoes out of water at the described premises;

or

(d) Trailers, but only to the extent

provided for in the Coverage

Extension for Non-owned Detached Trailers

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q. The following property while outside

of buildings:

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

(2) Fences, radio or television antennas (including satellite

dishes) and their lead-in wiring,

masts or towers, trees, shrubs

or plants (other than "stock" of

trees, shrubs or plants), all except as provided in the Coverage Extensions.

3. Covered Causes Of Loss

See applicable Causes Of Loss Form as

shown in the Declarations.

4. Additional Coverages

a. Debris Removal

(1) Subject to Paragraphs (3) and

(4), we will pay your expense to

remove debris of Covered Property caused by or resulting from

a Covered Cause of Loss that

occurs during the policy period.

The expenses will be paid only

if they are reported to us in

writing within 180 days of the

date of direct physical loss or

damage.

(2) Debris removal does not apply

to costs to:

(a) Extract "pollutants" from

land or water; or

(b) Remove, restore or replace

polluted land or water.

(3) Subject to the exceptions in

Paragraph (4), the following

provisions apply:

(a) The most we will pay for the

total of direct physical loss

or damage plus debris removal expense is the Limit

of Insurance applicable to

the Covered Property that

has sustained loss or damage.

(b) Subject to (a) above, the

amount we will pay for debris removal expense is

limited to 25% of the sum

of the deductible plus the

amount that we pay for direct physical loss or damage to the Covered

Property that has sustained

loss or damage.

(4) We will pay up to an additional

$10,000 for debris removal expense, for each location, in any

one occurrence of physical loss

or damage to Covered Property,

if one or both of the following

circumstances apply:

(a) The total of the actual debris removal expense plus

the amount we pay for direct physical loss or damage exceeds the Limit of

Insurance on the Covered

Property that has sustained

loss or damage.

(b) The actual debris removal

expense exceeds 25% of

the sum of the deductible

plus the amount that we

pay for direct physical loss

or damage to the Covered

Property that has sustained

loss or damage.

Therefore, if (4)(a) and/or (4)(b)

apply, our total payment for direct physical loss or damage

and debris removal expense

may reach but will never exceed

the Limit of Insurance on the

Covered Property that has sustained loss or damage, plus

$10,000.

(5) Examples

The following examples assume

that there is no Coinsurance

penalty.

Example #1

Limit of Insurance $ 90,000

Amount of Deductible $ 500

Amount of Loss $ 50,000

Amount of Loss Payable $ 49,500

($50,000 - $500)

Debris Removal Expense $ 10,000

Debris Removal Expense

Payable $ 10,000

($10,000 is 20% of $50,000)

The debris removal expense is

less than 25% of the sum of the

loss payable plus the deductible. The sum of the loss payable and the debris removal

expense ($49,500 + $10,000 =

$59,500) is less than the Limit of

Insurance. Therefore the full

amount of debris removal expense is payable in accordance

with the terms of Paragraph (3).

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Example #2

Limit of Insurance $ 90,000

Amount of Deductible $ 500

Amount of Loss $ 80,000

Amount of Loss Payable $ 79,500

($80,000 - $500)

Debris Removal Expense $ 30,000

Debris Removal Expense

Payable

Basic Amount $ 10,500

Additional Amount $ 10,000

The basic amount payable for

debris removal expense under

the terms of Paragraph (3) is

calculated as follows: $80,000

($79,500 + $500) x .25 =

$20,000; capped at $10,500. The

cap applies because the sum of

the loss payable ($79,500) and

the basic amount payable for

debris removal expense

($10,500) cannot exceed the

Limit of Insurance ($90,000).

The additional amount payable

for debris removal expense is

provided in accordance with the

terms of Paragraph (4), because

the debris removal expense

($30,000) exceeds 25% of the

loss payable plus the deductible

($30,000 is 37.5% of $80,000),

and because the sum of the loss

payable and debris removal expense ($79,500 + $30,000 =

$109,500) would exceed the

Limit of Insurance ($90,000).

The additional amount of covered debris removal expense is

$10,000, the maximum payable

under Paragraph (4). Thus the

total payable for debris removal

expense in this example is

$20,500; $9,500 of the debris removal expense is not covered.

b. Preservation of Property

If it is necessary to move Covered

Property from the described premises to preserve it from loss or

damage by a Covered Cause of

Loss, we will pay for any direct

physical loss or damage to that

property:

(1) While it is being moved or while

temporarily stored at another

location; and

(2) Only if the loss or damage occurs within 30 days after the

property is first moved.

c. Fire Department Service Charge

When the fire department is called

to save or protect Covered Property

from a Covered Cause of Loss, we

will pay up to $1,000 unless a higher

limit is shown in the Declarations, for

your liability for fire department service charges:

(1) Assumed by contract or agreement prior to loss; or

(2) Required by local ordinance.

No Deductible applies to this Additional Coverage.

d. Pollutant Clean-up And Removal

We will pay your expense to extract

"pollutants" from land or water at the

described premises if the discharge,

dispersal, seepage, migration, release or escape of the "pollutants"

is caused by or results from a Covered Cause of Loss that occurs during the policy period. The expenses

will be paid only if they are reported

to us in writing within 180 days of the

date on which the Covered Cause of

Loss occurs.

This Additional Coverage does not

apply to costs to test for, monitor or

assess the existence, concentration

or effects of "pollutants". But we will

pay for testing which is performed in

the course of extracting the

"pollutants" from the land or water.

The most we will pay under this Additional Coverage for each described

premises is $10,000 for the sum of

all covered expenses arising out of

Covered Causes of Loss occurring

during each separate 12-month period of this policy.

e. Increased Cost Of Construction

(1) This Additional Coverage applies only to buildings to which

the Replacement Cost Optional

Coverage applies.

(2) In the event of damage by a

Covered Cause of Loss to a

building that is Covered Property, we will pay the increased

costs incurred to comply with

enforcement of an ordinance or

law in the course of repair, rebuilding or replacement of damaged parts of that property,

subject to the limitations stated

in e.(3) through e.(9) of this Additional Coverage.

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(3) The ordinance or law referred to

in e.(2) of this Additional Coverage is an ordinance or law that

regulates the construction or

repair of buildings or establishes zoning or land use requirements at the described

premises, and is in force at the

time of loss.

(4) Under this Additional Coverage,

we will not pay any costs due to

an ordinance or law that:

(a) You were required to comply with before the loss,

even when the building was

undamaged; and

(b) You failed to comply with.

(5) Under this Additional Coverage,

we will not pay for:

(a) The enforcement of any ordinance or law which requires demolition, repair,

replacement, reconstruction, remodeling or remediation of property due

to contamination by

"pollutants" or due to the

presence, growth, proliferation, spread or any activity

of "fungus", wet or dry rot

or bacteria; or

(b) Any costs associated with

the enforcement of an ordinance or law which requires any insured or

others to test for, monitor,

clean up, remove, contain,

treat, detoxify or neutralize,

or in any way respond to,

or assess the effects of

"pollutants", "fungus", wet

or dry rot or bacteria.

(6) The most we will pay under this

Additional Coverage, for each

described building insured under this Coverage Form, is

$10,000 or 5% of the Limit of Insurance applicable to that

building, whichever is less. If a

damaged building is covered

under a blanket Limit of Insurance which applies to more than

one building or item of property,

then the most we will pay under

this Additional Coverage, for

that damaged building, is the

lesser of : $10,000 or 5% times

the value of the damaged building as of the time of loss times

the applicable Coinsurance percentage.

The amount payable under this

Additional Coverage is additional insurance.

(7) With respect to this Additional

Coverage:

(a) We will not pay for the Increased Cost of Construction:

(i) Until the property is

actually repaired or replaced, at the same or

another premises; and

(ii) Unless the repairs or

replacement are made

as soon as reasonably

possible after the loss

or damage, not to exceed two years. We

may extend this period

in writing during the

two years.

(b) If the building is repaired

or replaced at the same

premises, or if you elect to

rebuild at another premises, the most we will pay

for the Increased Cost of

Construction, subject to the

provisions of e.(6) of this

Additional Coverage, is the

increased cost of construction at the same

premises.

(c) If the ordinance or law requires relocation to another

premises, the most we will

pay for the Increased Cost

of Construction, subject to

the provisions of e.(6) of this

Additional Coverage, is the

increased cost of construction at the new premises.

(8) This Additional Coverage is not

subject to the terms of the Ordinance Or Law Exclusion, to the

extent that such Exclusion would

conflict with the provisions of

this Additional Coverage.

(9) The costs addressed in the Loss

Payment and Valuation Conditions, and the Replacement Cost

Optional Coverage, in this Coverage Form, do not include the

increased cost attributable to

enforcement of an ordinance or

law. The amount payable under

this Additional Coverage, as

stated in e.(6) of this Additional

Coverage, is not subject to such

limitation.

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f. Electronic Data

(1) Under this Additional Coverage,

electronic data has the meaning

described under Property Not

Covered, - Electronic Data.

(2) Subject to the provisions of this

Additional Coverage, we will

pay for the cost to replace or

restore electronic data which

has been destroyed or corrupted by a Covered Cause of

Loss. To the extent electronic

data is not replaced or restored,

the loss will be valued at the

cost of replacement of the media on which the electronic data

was stored, with blank media of

substantially identical type.

(3) The Covered Causes of Loss

applicable to Your Business

Personal Property apply to this

Additional Coverage, - Electronic Data, subject to the following:

(a) If the Causes of Loss - Special Form applies, coverage

under this Additional Coverage, - Electronic Data is

limited to the "specified

causes of loss" as defined

in that Form, and Collapse

as set forth in that Form.

(b) If the Causes of Loss -

Broad Form applies, coverage under this Additional

Coverage, - Electronic Data

includes Collapse as set

forth in that Form.

(c) If the Causes of Loss Form

is endorsed to add a Covered Cause of Loss, the additional Covered Cause of

Loss does not apply to the

coverage provided under

this Additional Coverage, -

Electronic Data.

(d) The Covered Causes of

Loss include a virus, harmful code or similar instruction introduced into or

enacted on a computer

system (including electronic

data) or a network to which

it is connected, designed to

damage or destroy any part

of the system or disrupt its

normal operation. But

there is no coverage for

loss or damage caused by

or resulting from manipulation of a computer system

(including electronic data)

by any employee, including

a temporary or leased employee, or by an entity retained by you or for you to

inspect, design, install,

modify, maintain, repair or

replace that system.

(4) The most we will pay under this

Additional Coverage, - Electronic Data is $2,500 for all loss

or damage sustained in any one

policy year, regardless of the

number of occurrences of loss

or damage or number of premises, locations or computer systems involved. If loss payment

on the first occurrence does not

exhaust this amount, then the

balance is available for subsequent loss or damage sustained

in but not after the policy year.

With respect to an occurrence

which begins in one policy year

and continues or results in additional loss or damage in a

subsequent policy year(s), all

loss or damage is deemed to be

sustained in the policy year in

which the occurrence began.

5. Coverage Extensions

Except as otherwise provided, the following Extensions apply to property located in or on the building described in

the Declarations or in the open (or in a

vehicle) within 100 feet of the described

premises.

If a Coinsurance percentage of 80% or

more or, a Value Reporting period symbol, is shown in the Declarations, you

may extend the insurance provided by

this Coverage Part as follows:

a. Newly Acquired Or Constructed

Property

(1) Buildings

If this policy covers Buildings,

you may extend that insurance

to apply to:

(a) Your new buildings while

being built on the described

premises; and

(b) Buildings you acquire at locations, other than the described premises, intended

for:

(i) Similar use as the

building described in

the Declarations; or

(ii) Use as a warehouse.

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The most we will pay for loss or

damage under this Extension is

$250,000 at each building.

(2) Your Business Personal Property

(a) If this policy covers Your

Business Personal Property, you may extend that

insurance to apply to:

(i) Business personal

property, including

such property that you

newly acquire, at any

location you acquire

other than at fairs,

trade shows or exhibitions;

(ii) Business personal

property, including

such property that you

newly acquire, located

at your newly constructed or acquired

buildings at the location described in the

Declarations; or

(iii) Business personal

property that you newly

acquire, located at the

described premises.

The most we will pay for loss or

damage under this Extension is

$100,000 at each building.

(b) This Extension does not apply to:

(i) Personal property of

others that is temporarily in your possession in the course

of installing or performing work on such

property; or

(ii) Personal property of

others that is temporarily in your possession in the course

of your manufacturing

or wholesaling activities.

(3) Period Of Coverage

With respect to insurance on or

at each newly acquired or constructed property, coverage will

end when any of the following

first occurs:

(a) This policy expires;

(b) 30 days after you acquire

the property or begin construction of that part of the

building that would qualify

as covered property; or

(c) You report values to us.

We will charge you additional

premium for values reported

from the date you acquire the

property or begin construction

of that part of the building that

would qualify as covered property.

b. Personal Effects And Property Of

Others

You may extend the insurance that

applies to Your Business Personal

Property to apply to:

(1) Personal effects owned by you,

your officers, your partners or

members, your managers or

your employees. This Extension

does not apply to loss or damage by theft.

(2) Personal property of others in

your care, custody or control.

The most we will pay for loss or

damage under this Extension is

$2,500 at each described premises.

Our payment for loss of or damage

to personal property of others will

only be for the account of the owner

of the property.

c. Valuable Papers And Records (Other

Than Electronic Data

(1) You may extend the insurance

that applies to Your Business

Personal Property to apply to

the cost to replace or restore

the lost information on valuable

papers and records for which

duplicates do not exist. But this

Extension does not apply to valuable papers and records which

exist as electronic data. Electronic data has the meaning described under Property Not

Covered, - Electronic Data.

(2) If the Causes of Loss - Special

Form applies, coverage under

this Extension is limited to the

"specified causes of loss" as

defined in that Form, and Collapse as set forth in that Form.

(3) If the Causes of Loss - Broad

Form applies, coverage under

this Extension includes Collapse

as set forth in that Form.

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(4) Under this Extension, the most

we will pay to replace or restore

the lost information is $2,500 at

each described premises, unless a higher limit is shown in

the Declarations. Such amount

is additional insurance. We will

also pay for the cost of blank

material for reproducing the records (whether or not duplicates

exist), and (when there is a duplicate) for the cost of labor to

transcribe or copy the records.

The costs of blank material and

labor are subject to the applicable Limit of Insurance on Your

Business Personal Property and

therefore coverage of such

costs is not additional insurance.

d. Property Off-premises

(1) You may extend the insurance

provided by this Coverage Form

to apply to your Covered Property while it is away from the

described premises, if it is:

(a) Temporarily at a location

you do not own, lease or

operate;

(b) In storage at a location you

lease, provided the lease

was executed after the beginning of the current policy

term; or

(c) At any fair, trade show or

exhibition.

(2) This Extension does not apply to

property:

(a) In or on a vehicle; or

(b) In the care, custody or control of your salespersons,

unless the property is in

such care, custody or control at a fair, trade show or

exhibition.

(3) The most we will pay for loss or

damage under this Extension is

$10,000.

e. Outdoor Property

You may extend the insurance provided by this Coverage Form to apply to your outdoor fences, radio and

television antennas (including satellite dishes), trees, shrubs and plants

(other than "stock" of trees, shrubs

or plants), including debris removal

expense, caused by or resulting

from any of the following causes of

loss if they are Covered Causes of

Loss:

(1) Fire;

(2) Lightning;

(3) Explosion;

(4) Riot or Civil Commotion; or

(5) Aircraft.

The most we will pay for loss or

damage under this Extension is

$1,000, but not more than $250 for

any one tree, shrub or plant. These

limits apply to any one occurrence,

regardless of the types or number

of items lost or damaged in that occurrence.

f. Non-owned Detached Trailers

(1) You may extend the insurance

that applies to Your Business

Personal Property to apply to

loss or damage to trailers that

you do not own, provided that:

(a) The trailer is used in your

business;

(b) The trailer is in your care,

custody or control at the

premises described in the

Declarations; and

(c) You have a contractual responsibility to pay for loss

or damage to the trailer.

(2) We will not pay for any loss or

damage that occurs:

(a) While the trailer is attached

to any motor vehicle or

motorized conveyance,

whether or not the motor

vehicle or motorized

conveyance is in motion;

(b) During hitching or unhitching operations, or when a

trailer becomes accidentally unhitched from a

motor vehicle or motorized

land conveyance.

(3) The most we will pay for loss or

damage under this Extension is

$5,000, unless a higher limit is

shown in the Declarations.

(4) This insurance is excess over

the amount due (whether you

can collect on it or not) from any

other insurance covering such

property.

Each of these Extensions is additional

insurance unless otherwise indicated.

The Additional Condition, Coinsurance,

does not apply to these Extensions.

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B. Exclusions And Limitations

See applicable Causes Of Loss Form as

shown in the Declarations.

C. Limits Of Insurance

The most we will pay for loss or damage in

any one occurrence is the applicable Limit of

Insurance shown in the Declarations.

The most we will pay for loss or damage to

outdoor signs, whether or not the sign is attached to the building, is $2,500 per sign in

any one occurrence.

The amounts of insurance stated in the following Additional Coverages apply in accordance with the terms of such coverages

and are separate from the Limit(s) of Insurance shown in the Declarations for any other

coverage:

1. Fire Department Service Charge;

2. Pollutant Clean-up And Removal;

3. Increased Cost of construction; and

4. Electronic Data.

Payments under the Preservation Of Property

Additional Coverage will not increase the applicable Limit of Insurance.

D. Deductible

In any one occurrence of loss or damage

(herein-after referred to as loss), we will first

reduce the amount of loss if required by the

Coinsurance Condition or the Agreed Value

Optional Coverage. If the adjusted amount

of loss is less than or equal to the Deductible,

we will not pay for that loss. If the adjusted

amount of loss exceeds the Deductible, we

will then subtract the Deductible from the adjusted amount of loss, and will pay the resulting amount or the Limit of Insurance,

whichever is less.

When the occurrence involves loss to more

than one item of Covered Property and separate Limits of Insurance apply, the losses will

not be combined in determining application

of the Deductible. But the Deductible will be

applied only once per occurrence.

EXAMPLE #1

(This example assumes there is no Coinsurance

penalty.)

Deductible: $250

Limit of Insurance - Building #1: $60,000

Limit of Insurance - Building #2: $80,000

Loss to Building #1: $60,100

Loss to Building #2: $90,000

The amount of loss to Building #1 ($60,100) is

less than the sum ($60,250) of the Limit of Insurance applicable to Building #1 plus the

Deductible.

The Deductible will be subtracted from the

amount of loss in calculating the loss payable

for Building #1:

$60,100

- 250

$59,850 Loss Payable - Building #1

The Deductible applies once per occurrence

and therefore is not subtracted in determining

the amount of loss payable for Building #2.

Loss payable for Building #2 is the Limit of

Insurance of $80,000.

Total amount of loss payable: $59,850 +

$80,000 = $139,850

EXAMPLE #2

(This example, too, assumes there is no

Coinsurance penalty.)

The Deductible and Limits of Insurance are the

same as those in Example #1.

Loss to Building #1: $ 70,000

(exceeds Limit of Insurance plus Deductible)

Loss to Building #2: $ 90,000

(exceeds Limit of Insurance plus Deductible)

Loss Payable - Building #1: $ 60,000

(Limit of Insurance)

Loss Payable - Building #2: $ 80,000

(Limit of Insurance)

Total amount of loss payable: $140,000

E. Loss Conditions

The following conditions apply in addition to

the Common Policy Conditions and the Commercial Property Conditions.

1. Abandonment

There can be no abandonment of any

property to us.

2. Appraisal

If we and you disagree on the value of

the property or the amount of loss, either

may make written demand for an appraisal of the loss. In this event, each

party will select a competent and impartial appraiser. The two appraisers will

select an umpire. If they cannot agree,

either may request that selection be

made by a judge of a court having jurisdiction. The appraisers will state separately the value of the property and

amount of loss. If they fail to agree, they

will submit their differences to the

umpire. A decision agreed to by any two

will be binding. Each party will:

a. Pay its chosen appraiser; and

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b. Bear the other expenses of the appraisal and umpire equally.

If there is an appraisal, we will still retain

our right to deny the claim.

3. Duties In The Event Of Loss Or Damage

a. You must see that the following are

done in the event of loss or damage

to Covered Property:

(1) Notify the police if a law may

have been broken.

(2) Give us prompt notice of the

loss or damage. Include a description of the property involved.

(3) As soon as possible, give us a

description of how, when and

where the loss or damage occurred.

(4) Take all reasonable steps to

protect the Covered Property

from further damage, and keep

a record of your expenses necessary to protect the Covered

Property, for consideration in

the settlement of the claim. This

will not increase the Limit of Insurance. However, we will not

pay for any subsequent loss or

damage resulting from a cause

of loss that is not a Covered

Cause of Loss. Also, if feasible,

set the damaged property aside

and in the best possible order

for examination.

(5) At our request, give us complete

inventories of the damaged and

undamaged property. Include

quantities, costs, values and

amount of loss claimed.

(6) As often as may be reasonably

required, permit us to inspect

the property proving the loss or

damage and examine your

books and records.

Also permit us to take samples

of damaged and undamaged

property for inspection, testing

and analysis, and permit us to

make copies from your books

and records.

(7) Send us a signed, sworn proof

of loss containing the information we request to investigate

the claim. You must do this

within 60 days after our request.

We will supply you with the

necessary forms.

(8) Cooperate with us in the investigation or settlement of the

claim.

b. We may examine any insured under

oath, while not in the presence of

any other insured and at such times

as may be reasonably required,

about any matter relating to this insurance or the claim, including an

insured's books and records. In the

event of an examination, an insured's answers must be signed.

4. Loss Payment

a. In the event of loss or damage covered by this Coverage Form, at our

option, we will either:

(1) Pay the value of lost or damaged property;

(2) Pay the cost of repairing or replacing the lost or damaged

property, subject to b. below;

(3) Take all or any part of the property at an agreed or appraised

value; or

(4) Repair, rebuild or replace the

property with other property of

like kind and quality, subject to

b. below.

We will determine the value of lost

or damaged property, or the cost of

its repair or replacement, in accordance with the applicable terms of the

Valuation Condition in this Coverage

Form or any applicable provision

which amends or supersedes the

Valuation Condition.

b. The cost to repair, rebuild or replace

does not include the increased cost

attributable to enforcement of any

ordinance or law regulating the construction, use or repair of any property.

c. We will give notice of our intentions

within 30 days after we receive the

sworn proof of loss.

d. We will not pay you more than your

financial interest in the Covered

Property.

e. We may adjust losses with the owners of lost or damaged property if

other than you. If we pay the owners, such payments will satisfy your

claims against us for the owners'

property. We will not pay the owners

more than their financial interest in

the Covered Property.

f. We may elect to defend you against

suits arising from claims of owners

of property. We will do this at our

expense.

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g. We will pay for covered loss or

damage within 30 days after we receive the sworn proof of loss, if you

have complied with all of the terms

of this Coverage Part and:

(1) We have reached agreement

with you on the amount of loss;

or

(2) An appraisal award has been

made.

h. A party wall is a wall that separates

and is common to adjoining

buildings that are owned by different

parties. In settling covered losses

involving a party wall, we will pay a

proportion of the loss to the party

wall based on your interest in the

wall proportion to the interest of the

owner of the adjoining building.

However, if you elect to repair or replace your building and the owner

of the adjoining building elects not

to repair or replace that building, we

will pay you the full value of the loss

to the party wall, subject to all applicable policy provisions including

Limits of Insurance, the Valuation

and Coinsurance Conditions and all

other provisions of this loss Payment

Condition. Our payment under the

provisions of this paragraph does

not alter any right of subrogation we

may have against any entity, including the owner or insurer of the adjoining building, and does not alter

the terms of the Transfer Of Rights

Of Recovery Against Others To Us

Condition in this policy.

5. Recovered Property

If either you or we recover any property

after loss settlement, that party must give

the other prompt notice. At your option,

the property will be returned to you. You

must then return to us the amount we

paid to you for the property. We will pay

recovery expenses and the expenses to

repair the recovered property, subject to

the Limit of Insurance.

6. Vacancy

a. Description Of Terms

(1) As used in this Vacancy Condition, the term building and the

term vacant have the meanings

set forth in (1)(a) and (1)(b) below:

(a) When this policy is issued

to a tenant, and with respect to that tenant's interest in Covered Property,

building means the unit or

suite rented or leased to

the tenant. Such building is

vacant when it does not

contain enough business

personal property to conduct customary operations.

(b) When this policy is issued

to the owner or general

lessee of a building, building means the entire building. Such building is vacant

unless at least 31% of its

total square footage is:

(i) Rented to a lessee or

sub-lessee and used by

the lessee or sublessee to conduct its

customary operations;

and/or

(ii) Used by the building

owner to conduct customary operations.

(2) Buildings under construction or

renovation are not considered

vacant.

b. Vacancy Provisions

If the building where loss or damage

occurs has been vacant for more

than 60 consecutive days before that

loss or damage occurs:

(1) We will not pay for any loss or

damage caused by any of the

following even if they are Covered Causes of Loss:

(a) Vandalism;

(b) Sprinkler leakage, unless

you have protected the system against freezing;

(c) Building glass breakage;

(d) Water damage;

(e) Theft; or

(f) Attempted theft.

(2) With respect to Covered Causes

of Loss other than those listed

in b.(1)(a) through b.(1)(f) above,

we will reduce the amount we

would otherwise pay for the loss

or damage by 15%.

7. Valuation

We will determine the value of Covered

Property in the event of loss or damage

as follows:

a. At actual cash value as of the time

of loss or damage, except as provided in b., c., d., e. and f. below.

CP 00 10 06 07

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b. If the Limit of Insurance for Building

satisfies the Additional Condition,

Coinsurance, and the cost to repair

or replace the damaged building

property is $2,500 or less, we will

pay the cost of building repairs or

replacement.

The cost of building repairs or replacement does not include the increased cost attributable to

enforcement of any ordinance or law

regulating the construction, use or

repair of any property.

However, the following property will

be valued at the actual cash value

even when attached to the building:

(1) Awnings or floor coverings;

(2) Appliances for refrigerating,

ventilating, cooking, dishwashing or laundering; or

(3) Outdoor equipment or furniture.

c. "Stock" you have sold but not delivered at the selling price less discounts and expenses you otherwise

would have had.

d. Glass at the cost of replacement with

safety-glazing material if required by

law.

e. Tenant's Improvements and Betterments at:

(1) Actual cash value of the lost or

damaged property if you make

repairs promptly.

(2) A proportion of your original

cost if you do not make repairs

promptly. We will determine the

proportionate value as follows:

(a) Multiply the original cost by

the number of days from

the loss or damage to the

expiration of the lease; and

(b) Divide the amount determined in (a) above by the

number of days from the

installation of improvements to the expiration of

the lease.

If your lease contains a renewal

option, the expiration of the renewal option period will replace

the expiration of the lease in

this procedure.

(3) Nothing if others pay for repairs

or replacement.

F. Additional Conditions

The following conditions apply in addition to

the Common Policy Conditions and the Commercial Property Conditions.

1. Coinsurance

If a Coinsurance percentage is shown in

the Declarations, the following condition

applies.

a. We will not pay the full amount of

any loss if the value of Covered

Property at the time of loss times the

Coinsurance percentage shown for

it in the Declarations is greater than

the Limit of Insurance for the property.

Instead, we will determine the most

we will pay using the following steps:

(1) Multiply the value of Covered

Property at the time of loss by

the Coinsurance percentage;

(2) Divide the Limit of Insurance of

the property by the figure determined in Step (1);

(3) Multiply the total amount of loss,

before the application of any

deductible, by the figure determined in Step (2); and

(4) Subtract the deductible from the

figure determined in Step (3).

We will pay the amount determined

in Step (4) or the limit of insurance,

whichever is less. For the remainder, you will either have to rely on

other insurance or absorb the loss

yourself.

EXAMPLE #1 (UNDERINSURANCE)

When: The value of the property

is $250,000

The Coinsurance percentage

for it is 80%

The Limit of Insurance

for it is $100,000

The Deductible is $250

The amount of loss is $40,000

Step (1): $250,000 x 80% = $200,000

(the minimum amount of insurance to

meet your Coinsurance requirements)

Step (2): $100,000 ÷ $200,000 = .50

Step (3): $40,000 x .50 = $20,000

Step (4): $20,000 - $250 = $19,750

We will pay no more than $19,750. The remaining

$20,250 is not covered.

EXAMPLE #2 (ADEQUATE INSURANCE)

When: The value of the property is $250,000

The Coinsurance percentage

for it is 80%

The Limit of Insurance

for it is $200,000

The Deductible is $250

The amount of loss is $40,000

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The minimum amount of insurance to

meet your Coinsurance requirement is

$200,000 ($250,000 x 80%). Therefore,

the Limit of Insurance in this example

is adequate and no penalty applies.

We will pay no more than $39,750

($40,000 amount of loss minus the

deductible of $250).

b. If one Limit of Insurance applies to two

or more separate items, this condition

will apply to the total of all property to

which the limit applies.

EXAMPLE #3

When: The value of the property is:

Building at Location #1 $ 75,000

Building at Location #2 $100,000

Personal Property at

Location #2 $ 75,000________

$250,000

The Coinsurance

percentage for it is 90%

The Limit of Insurance for

Buildings and Personal

Property at Location

#1 and #2 is $180,000

The Deductible is $ 1,000

The amount of loss is:

Building at Location #2 $ 30,000

Personal Property at

Location #2. $ 20,000________

$ 50,000

Step (1): $250,000 x 90% = $225,000

(the minimum amount of insurance to

meet your Coinsurance requirements

and to avoid the penalty shown below)

Step (2): $180,000 ÷ $225,000 = .80

Step (3): $ 50,000 x .80 = $40,000

Step (4): $ 40,000 - $1,000 = $39,000

We will pay no more than $39,000. The remaining

$11,000 is not covered.

2. Mortgageholders

a. The term mortgageholder includes

trustee.

b. We will pay for covered loss of or

damage to buildings or structures to

each mortgageholder shown in the

Declarations in their order of precedence, as interests may appear.

c. The mortgageholder has the right to

receive loss payment even if the

mortgageholder has started foreclosure or similar action on the building

or structure.

d. If we deny your claim because of

your acts or because you have failed

to comply with the terms of this

Coverage Part, the mortgageholder

will still have the right to receive

loss payment if the mortgageholder:

(1) Pays any premium due under

this Coverage Part at our request if you have failed to do so;

(2) Submits a signed, sworn proof

of loss within 60 days after receiving notice from us of your

failure to do so; and

(3) Has notified us of any change in

ownership, occupancy or substantial change in risk known to

the mortgageholder.

All of the terms of this Coverage Part

will then apply directly to the

mortgageholder.

e. If we pay the mortgageholder for any

loss or damage and deny payment

to you because of your acts or because you have failed to comply with

the terms of this Coverage Part:

(1) The mortgageholder's rights

under the mortgage will be

transferred to us to the extent

of the amount we pay; and

(2) The mortgageholder's right to

recover the full amount of the

mortgageholder's claim will not

be impaired.

At our option, we may pay to the

mortgageholder the whole principal

on the mortgage plus any accrued

interest. In this event, your mortgage and note will be transferred to

us and you will pay your remaining

mortgage debt to us.

f. If we cancel this policy, we will give

written notice to the mortgageholder

at least:

(1) 10 days before the effective date

of cancellation if we cancel for

your nonpayment of premium;

or

(2) 30 days before the effective date

of cancellation if we cancel for

any other reason.

g. If we elect not to renew this policy,

we will give written notice to the

mortgageholder at least 10 days before the expiration date of this policy.

CP 00 10 06 07

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G. Optional Coverages

If shown as applicable in the Declarations, the

following Optional Coverages apply separately to each item.

1. Agreed Value

a. The Additional Condition,

Coinsurance, does not apply to Covered Property to which this Optional

Coverage applies. We will pay no

more for loss of or damage to that

property than the proportion that the

Limit of Insurance under this Coverage Part for the property bears to

the Agreed Value shown for it in the

Declarations.

b. If the expiration date for this Optional Coverage shown in the Declarations is not extended, the

Additional Condition, Coinsurance,

is reinstated and this Optional Coverage expires.

c. The terms of this Optional Coverage

apply only to loss or damage that

occurs:

(1) On or after the effective date of

this Optional Coverage; and

(2) Before the Agreed Value expiration date shown in the Declarations or the policy expiration

date, whichever occurs first.

2. Inflation Guard

a. The Limit of Insurance for property

to which this Optional Coverage applied will automatically increase by

the annual percentage shown in the

Declarations.

b. The amount of increase will be:

(1) The Limit of Insurance that applied on the most recent of the

policy inception date, the policy

anniversary date, or any other

policy change amending the

Limit of Insurance, times

(2) The percentage of annual increase shown in the Declarations, expressed as a decimal

(example: 8% is .08), times

(3) The number of days since the

beginning of the current policy

year or the effective date of the

most recent policy change

amending the Limit of Insurance, divided by 365.

Example:

If: The applicable Limit

of Insurance is $100,000

The annual percentage

increase is 8%

The number of days

since the beginning

of the policy year

(or last policy

change) is 146

The amount of increase is

$100,000 x .08 x 146 -: 365 = $3,200

3. Replacement Cost

a. Replacement Cost (without deduction for depreciation) replaces

Actual Cash Value in the Valuation

Loss Condition, of this Coverage

Form.

b. This Optional Coverage does not

apply to:

(1) Personal property of others;

(2) Contents of a residence;

(3) Works of art, antiques or rare

articles, including etchings, pictures, statuary, marbles,

bronzes, porcelains and bric-abrac; or

(4) "Stock", unless the Including

"Stock" option is shown in the

Declarations.

Under the terms of this Replacement

Cost Optional Coverage, tenants'

improvements and betterments are

not considered to be the personal

property of others.

c. You may make a claim for loss or

damage covered by this insurance

on an actual cash value basis instead of on a replacement cost basis. In the event you elect to have

loss or damage settled on an actual

cash value basis, you may still make

a claim for the additional coverage

this Optional Coverage provides if

you notify us of your intent to do so

within 180 days after the loss or

damage.

d. We will not pay on a replacement

cost basis for any loss or damage:

(1) Until the lost or damaged property is actually repaired or replaced; and

(2) Unless the repairs or replacement are made as soon as reasonably possible after the loss

or damage.

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With respect to tenants' improvements and betterments, the following also apply:

(3) If the conditions in d.(1) and d.(2)

above are not met, the value of

tenants' improvements and

betterments, will be determined

as a proportion of your original

cost, as set forth in the Valuation Loss Condition of this

Coverage Form; and

(4) We will not pay for loss or damage to tenants' improvements

and betterments if others pay

for repairs or replacement.

e. We will not pay more for loss or

damage on a replacement cost basis

than the least of (1), (2) or (3), subject to f. below:

(1) The Limit of Insurance applicable to the lost or damaged

property;

(2) The cost to replace the lost or

damaged property with other

property:

(a) Of comparable material and

quality; and

(b) Used for the same purpose;

or

(3) The amount actually spent that

is necessary to repair or replace

the lost or damaged property.

If a building is rebuilt at a new

premises, the cost described in e.(2)

above is limited to the cost which

would have been incurred if the

building had been rebuilt at the original premises.

f. The cost of repair or replacement

does not include the increased cost

attributable to enforcement of any

ordinance or law regulating the construction, use or repair of any property.

4. Extension Of Replacement Cost To Personal Property Of Others

a. If the Replacement Cost Optional

Coverage is shown as applicable in

the Declarations, then this Extension

may also be shown as applicable. If

the Declarations show this Extension

as applicable, then Paragraph 3.b.(1)

of the Replacement Cost Optional

Coverage is deleted and all other

provisions of the Replacement Cost

Optional Coverage apply to replacement cost on personal property of

others.

b. With respect to replacement cost on

the personal property of others, the

following limitation applies:

If an item(s) of personal property of

others is subject to a written contract

which governs your liability for loss

or damage to that item(s), then valuation of that item(s) will be based

on the amount for which you are liable under such contract, but not to

exceed the replacement cost of the

property or the applicable Limit of

Insurance.

H. Definitions

1. "Fungus" means any type or form of

fungus, including mold or mildew,

and any mycotoxins, spores, scents

or by-products produced or released

by fungi.

2. "Pollutants" means any solid, liquid,

gaseous or thermal irritant or contaminant, including smoke, vapor,

soot, fumes, acids, alkalis, chemicals and waste. Waste includes

materials to be recycled, reconditioned or reclaimed.

3. "Stock" means merchandise held in

storage or for sale, raw materials

and in-process or finished goods,

including supplies used in their

packing or shipping.

CP 00 10 06 07

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THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

VALUE GUARD ENDORSEMENT

This endorsement modifies insurance provided under the following:

COMMERCIAL PROPERTY COVERAGE PART

BUSINESSOWNERS COVERAGE FORM

AGRICULTURAL OUTPUT PROGRAM

The Limit of Insurance shown in the Declarations for Building(s) may be increased at the beginning of

each rating period based upon the change in construction costs for the area in which the building is located.

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COMMERCIAL PROPERTY

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

COMMERCIAL PROPERTY

EXPANDED COVERAGE ENDORSEMENT - TIER 1

This endorsement modifies insurance provided under the following:

BUILDING AND PERSONAL PROPERTY COVERAGE FORM

BUSINESS INCOME COVERAGE FORMS

CAUSES OF LOSS - SPECIAL FORM

BUILDING AND PERSONAL PROPERTY

COVERAGE FORM AMENDMENT

If a coverage limit is shown as applicable in the

Tier 1 Schedule, the following coverages apply.

These coverages are subject to the terms and

conditions applicable to property coverage in this

policy, except as provided below.

Under Section A. Coverage, 1. Covered Property,

a. Building the following is added:

(6) Foundations of buildings.

Under Section A. Coverage 2. Property Not Covered, item g. is deleted.

In Section A. Coverage, the references to 100 feet

are changed to read 1,000 feet in the following

paragraphs:

1.a.(5)(b) Building;

1.b. Business Personal Property;

1.c.(2) Personal Property of Others; and

5. Coverage Extensions

Under Section A. Coverage, 4. Additional Coverages, c. Fire Department Service Charge, the limit

is changed from $1,000 to $10,000 unless a different limit is shown in the Tier 1 Schedule.

Under Section A. Coverage, 4. Additional Coverages, the following is added:

g. Fire Extinguisher Recharge Expense

We will pay to recharge or replace your

fire extinguishers, whichever cost is less,

when they are discharged as a result of

fighting a fire caused by a Covered

Cause of Loss, on or within 1,000 feet of

your described premises.

No deductible applies to this Additional

Coverage.

h. Lock Replacement

We will pay the cost to repair the door

locks or tumblers of your described

premises due to "theft" of your door keys.

"Theft" means any act of stealing. "Theft

does not mean mysterious or unexplained disappearance of property.

The most we will pay under this Additional Coverage is $2,500, unless a different limit is shown in the Tier 1

Schedule.

No deductible applies to this Additional

Coverage.

i. Reward Payment

(1) We will reimburse you for rewards

paid as follows:

(a) Up to $10,000 to an eligible person for information leading to

the arrest and conviction of any

person or persons committing a

crime resulting in loss or damage to Covered Property from a

Covered Cause of Loss. However, we will pay no more than

the lesser of the following

amounts:

(i) Actual cash value of the

Covered Property at the

time of loss or damage, but

no more than the amount

required to repair or replace it; or

(ii) The amount determined by

the loss settlement procedure applicable to Covered

Property under the Loss

Payment Condition.

(b) Up to $10,000 to an eligible person for the return of stolen Covered Property, when the loss or

damage is caused by theft.

However, we will pay no more

than the lesser of the following

amounts:

(i) Actual cash value based on

the condition of the Covered Property at the time it

is returned, but not more

than the amount required to

repair or replace it; or

Includes copyrighted material of Insurance Services

Office. Inc., with its permission CP 70 96 06 17

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(ii) The amount determined by

the loss settlement procedure applicable to the return Covered Property

under the Loss Payment

Condition.

(2) This Additional Coverage applies

subject to the following additional

conditions:

(a) An eligible person means that

person designated by a law

enforcement agency as being

the first to voluntarily provide

the information leading to the

arrest and conviction or return

of the stolen Covered Property,

and who is not:

(i) You;

(ii) Your employee;

(iii) An employee of a law

enforcement agency;

(iv) An employee of a business

engaged in property protection;

(v) Any person who had custody of the Covered Property at the time the theft

was committed; or

(vi) Any person involved in the

crime.

(b) No reward will be reimbursed

unless and until the person(s)

committing the crime is/are

convicted or the Covered Property is returned.

(c) You must have posted public

notice of reward prior to the first

person volunteering the necessary information or returning the

stolen Covered Property.

(3) The lesser of the amount of the reward or the amount shown in the

Tier 1 Schedule is the most we will

reimburse for loss under this Additional Coverage for any one occurrence.

We will pay up to $10,000 as a reward for

information which leads to an arson, theft

or vandalism conviction in connection

with a fire, theft or vandalism loss to

property covered under this policy. Regardless of the number of persons involved in providing information, the limit

of our liability under this Additional Coverage shall not be increased.

No deductible applies to this Additional

Coverage.

Under Section A. Coverage, 5. Coverage Extensions, a. Newly Acquired Or Constructed Property

(1) Buildings the limit is changed from $250,000 at

each building to $1,000,000 at each building unless

a different limit is shown in the Tier 1 Schedule.

Under Section A. Coverage, 5. Coverage Extensions, a. Newly Acquired Or Constructed Property

(2) Your Business Personal Property the limit is

changed from $100,000 at each building to

$500,000 at each building unless a different limit

is shown in the Tier 1 Schedule.

Under Section A. Coverage, 5. Coverage Extensions, a. Newly Acquired or Constructed Property

(3) Period of Coverage (b) is changed from 30 days

to 180 days.

Under Section A. Coverage, 5. Coverage, 5. Coverage Extensions, b. Personal Effects and Property of Others item (2) is amended to personal

property of others in your care, custody, or control

while anywhere within the coverage territory.

The limit is changed from $2,500 at each described premises to $10,000 at each described premises unless a different limit is

shown in the Tier 1 Schedule. We will not pay

more than $5,000 to any one person in any

one loss. Our payment for loss of or damage

to personal property of others will only be for

the account of the owner of the property.

Under Section A. Coverage, 5. Coverage Extensions d. Property Off-premises, subparagraph (3)

is replaced with the following: The most we will

pay for loss or damage under this Extension is

$25,000, but not more than $10,000 while in the

care, custody or control of a salesperson unless

a different limit of insurance is shown in the Tier

1 Schedule.

Under Section A. Coverage, 5. Coverage Extensions e. Outdoor Property, the last paragraph is

amended to change the limit under this Extension

from $1,000 to $10,000. The limit for any one tree,

shrub or plant is changed from $250 to $1,000.

These limits apply to any one occurrence, regardless of the types or number of items lost or

damaged in that occurrence.

Under Section A. Coverage, 5. Coverage Extensions, the following is added:

g. Property In Transit

You may extend the insurance provided

by this Coverage Form to apply to your

Covered Property (including property

that is in the care, custody or control of

your salespersons) in transit in or on a

motor vehicle you own, lease or operate

while between points within the coverage

territory and more than 1,000 feet from

the described premises. Loss or damage

must be caused by or result from one of

the following Covered Causes of Loss:

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(1) Fire, lightning, explosion, windstorm

or hail, riot or civil commotion or

vandalism;

(2) Vehicle collision, upset or overturn.

Collision means accidental contact

of your vehicle with another vehicle

or object. It does not mean your vehicle's contact with the road bed;

(3) Theft of an entire bale, case or

package by forced entry into a

securely locked body or compartment of the vehicle. There must be

visible marks of the forced entry;

(4) Flood; or

(5) Earthquake.

The coverage provided under this Extension

replaces coverage provided under any other

additional coverage extension applying to

property in transit. The most we will pay for

this coverage is $20,000 unless a different

limit is shown in the Tier 1 Schedule.

h. Extra Expense

We will pay necessary Extra Expense you

incur during the "period of restoration"

that you would not have incurred if there

had been no direct physical loss or

damage to property at the described

premises, including personal property in

the open (or in a vehicle) within 1,000

feet, caused by or resulting from a Covered Cause of Loss.

Extra Expense means expense incurred:

(1) To avoid or minimize the suspension

of business and to continue "operations":

(a) At the described premises; or

(b) At replacement premises or at

temporary locations, including:

(i) Relocation expenses; and

(ii) Costs to equip and operate

the replacement or temporary locations.

(2) To minimize the suspension of business if you cannot continue "operations"; or

(3) To repair or replace any property;

or

(4) To research, replace or restore the

lost information on damaged valuable papers and records;

to the extent it reduces the amount of

loss that otherwise would have been

payable under this Additional Coverage.

We will only pay for Extra Expense that

occurs after the date of direct physical

loss or damage. The most we will pay for

loss or damage under this Extension is

$50,000.

"Operations" means your business activities occurring at the described premises.

"Period of Restoration" means the period

of time that:

(1) Begins with the date of direct physical loss or damage caused by or

resulting from any Covered Cause

of Loss at the described premises;

and

(2) Ends on the date when the property

at the described premises should be

repaired, rebuilt or replaced with

reasonable speed and similar quality.

"Period of Restoration" does not include

any increased period required due to the

enforcement of any law that:

(1) Regulates the construction, use or

repair, or requires the tearing down

of any property; or

(2) Regulates the prevention, control,

repair, clean-up or restoration of environmental damage.

The expiration date of this policy will not

cut short the "period of restoration."

i. Credit Card Invoices

You may extend the insurance that applies to Your Business Personal Property

to apply to:

(1) Sums owed you from grantors of

credit provided you are unable to

collect from them due to direct loss

or damage to your credit card invoice records;

(2) Increased collection costs as a result of such direct loss or damage;

or

(3) Other reasonable expenses that you

incur to re-establish your records of

credit card invoices following such

direct loss or damage:

that results from a Covered Cause of

Loss to your records of credit card invoices.

This insurance applies to credit card invoices while:

(1) On premises scheduled in the Declarations of this policy;

(2) While being conveyed outside the

premises; or

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(3) While temporarily at other premises

for any reason except storage.

The most we will pay for loss or damage

under this Extension is $1,000 unless a

different limit is shown in the Tier 1

Schedule.

j. Changes in Temperature

You may extend the insurance provided

by this coverage to apply to direct physical loss or damage to Covered Property,

other than spoilage, caused by changes

or extremes in temperature or humidity.

The most we will pay for loss or damage

is $1,000 per any one occurrence including Business Income unless a different

limit is shown in the Tier 1 Schedule.

k. Inventory and Appraisals

You may extend the insurance provided

for Covered Property to apply to the cost

of any inventory or appraisal that we require when loss or damage occurs to

Covered Property.

The most we will pay for loss or damage

under this Extension is $10,000 unless a

different limit is shown in the Tier 1

Schedule.

l. Computer Coverage

You may extend the insurance that applies to your Business Personal Property

to apply to "computer equipment", "media", "data", and "computer programs".

We will cover "computer equipment",

"media", "data", and "computer programs", which you own, lease or rent

from others or that are in your care,

custody or control. We will pay the replacement cost of reproducing lost or

accidentally erased "data", "computer

programs", documentation and source

materials provided you actually replace

or reproduce them.

This extension does not apply to:

(1) Property you lease or rent to others

while it is away from the described

premises;

(2) Any "data" or "media" which cannot

be replaced with others of like kind

or quality; or

(3) Accounts, bills, evidence of debt,

valuable papers, records, abstracts,

deeds, manuscripts or other documents, except as they may be converted to "data" processing "media"

form, and then only in that form.

The most we will pay for loss or damage

under this Extension is $25,000 unless a

different limit is shown in the Tier 1

Schedule.

A sublimit of $10,000 applies to

laptops/portable computers and their

software while away from the premises.

m. Deferred Payments

You may extend the insurance that applies to your Business Personal Property

to apply to direct physical loss or damage to personal property you have sold

on an installment or other deferred payment basis after it has been accepted by

the customer.

The most we will pay for loss or damage

under this Extension is $25,000 unless a

different limit is shown in the Tier 1

Schedule.

Under Section C. Limits of Insurance the second

paragraph is replaced with the following:

The most we will pay for loss or damage to outdoor signs, whether or not the sign is attached to

the building, is $12,500 per sign in any one occurrence unless a different limit is shown in the Tier

1 Schedule.

Under Section E. Loss Conditions, 6. Vacancy, a.

Description of Terms, subparagraph (1) (b), the

31% provision is amended to read 11%.

Under Section E. Loss Conditions, 7. Valuation, the

following conditions are added:

f. "Data"

We will figure your loss to be the actual

cost of reproducing the data, provided

you actually replace or reproduce it.

This includes computer programs, but

not "media."

g. "Media"

We will figure your loss to be the actual

cost of repairing or replacing the "media"

with material of the same kind or quality.

Under Section G. Optional Coverages, 3. Replacement Cost, subparagraph b. (1) is deleted when

the Replacement Cost option is selected for Business Personal Property.

Under H. Definitions, the following are added:

4. "Computer Equipment" means a network of

machine components capable of accepting

information, processing it according to plan

and producing the desired results. It includes

air conditioning, fire protection equipment

and electrical equipment used exclusively in

your computer operations.

5. "Data" means facts, concepts or instructions,

including computer programs, which are

converted to a form usable to your data

processing operations.

6. "Media" means material on which data are

recorded.

7. "Computer Programs" means data used to

direct computer equipment including diagrams or other records which can be used to

reproduce programs.

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BUSINESS INCOME (AND EXTRA EXPENSE) COVERAGE FORM AMENDMENT

Under Section A. Coverage, 5. Additional Coverages the following is added:

e. Business Income From Dependent Properties

(1) The insurance provided for loss of

Business Income and Extra Expense

is extended to apply to the actual

and necessary amount of such loss

which you incur due to the necessary "suspension" of "operations"

during the "period of restoration"

caused by direct physical loss of or

damage by a Covered Cause of Loss

to property at the premises of a Dependent Property not specifically

described under the Business Income From Dependent Properties -

Broad Form endorsement or under

the Business Income From Dependent Properties - Limited Form

endorsement. However, for this additional coverage, we will not pay for

loss or damage caused by or resulting from Earthquake, Volcanic

Eruption and Flood, even if they are

otherwise Covered Causes of Loss.

(2) Dependent Property means property

at premises located anywhere in the

world, which is operated by others

on whom you depend to:

(a) Deliver materials or services to

you or to others for your account;

(b) Deliver services, other than

power, water or communication

supply services (including services relating to internet access

or access to any electronic network), to you or to others for

your account;

(c) Accept your products or services;

(d) Manufacture products for delivery to your customers under

contract of sale; or

(e) Attract customers to your business.

(3) With respect only to the insurance

provided under this Additional Coverage, the following changes apply:

(a) The Extended Business Income

Additional Coverage is

amended by the following:

The loss of Business Income or

loss of "Rental Value" must be

caused by direct physical loss

or damage at the premises of a

Dependent Property caused by

or resulting from a Covered

Cause of Loss. However, for

this Additional Coverage, we

will not pay for loss or damage

caused by or resulting from

Earthquake, Volcanic Eruption

and Flood even if they are otherwise Covered Causes of Loss.

(b) The Resumption of Operations

Loss Condition is amended as

follows:

We will reduce the amount of

your Business Income loss to

the extent you can resume your

"operations" in whole or in part,

by using any other available

source of materials or outlet for

your products or services.

(4) The most we will pay for loss in any

one occurrence under this Additional

Coverage is:

(a) $25,000 unless a different Limit

of Insurance is shown in the Tier

1 Schedule; or

(b) The sum of the Limits of Insurance shown on the Declarations

that applies to loss of Business

Income and Extra Expense under this Coverage form when

direct physical loss occurs to

property at the described premises, whichever is less. The

limit applicable to this Additional Coverage is an additional

amount of insurance.

However, if covered loss to Miscellaneous Dependent Property results from

a "Named Storm" including but not limited to wind, wind driven rain, flood or

hail, caused by or associated with a

"Named Storm", the most we will pay in

any one occurrence at any one dependent property location under this extension is $5,000 and the most we will pay

for all loss or damage sustained in any

one policy year is $25,000, regardless of

the number of occurrences of loss or

damage or the number of premises or

locations involved.

Under 6. Coverage Extension, Newly Acquired Locations, paragraph c. subparagraph (2) is

changed from 30 days to 180 days.

BUSINESS INCOME (WITHOUT EXTRA EXPENSE)

COVERAGE FORM AMENDMENT

Under Section A. Coverage, 4. Additional Coverages the following is added:

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f. Business Income From Dependent Properties

(1) The insurance provided for loss of

Business Income and Extra Expense

is extended to apply to the actual

and necessary amount of such loss

which you incur due to the necessary "suspension" of "operations"

during the "period of restoration"

caused by direct physical loss of or

damage by a Covered Cause of Loss

to property at the premises of a Dependent Property not specifically

described under the Business Income From Dependent Properties -

Broad Form endorsement or under

the Business Income From Dependent Properties - Limited Form

endorsement. However, for this additional coverage, we will not pay for

loss or damage caused by or resulting from Earthquake, Volcanic

Eruption and Flood, even if they are

otherwise Covered Causes of Loss.

(2) Dependent property means property

at premises located anywhere in the

world, which is operated by others

on whom you depend to:

(a) Deliver materials or services to

you or to others for your account;

(b) Deliver services, other than

power, water or communication

supply services (including services relating to internet access

or access to any electronic network), to you or to others for

your account;

(c) Accept your products or services;

(d) Manufacture products for delivery to your customers under

contract of sale; or

(e) Attract customers to your business.

(3) With respect only to the insurance

provided under this Additional Coverage, the following changes apply:

(a) The Extended Business Income

Additional Coverage is

amended by the following:

The loss of Business Income or

loss of "Rental Value" must be

caused by direct physical loss

or damage at the premises of a

Dependent Property caused by

or resulting from a Covered

Cause of Loss. However, for

this Additional Coverage, we

will not pay for loss or damage

caused by or resulting from

Earthquake, Volcanic Eruption

and Flood even if they are otherwise Covered Causes of Loss.

(b) The Resumption of Operations

Loss Condition is amended as

follows:

We will reduce the amount of

your Business Income loss to

the extent you can resume your

"operations" in whole or in part,

by using any other available

source of materials or outlet for

your products or services.

(4) The most we will pay for loss in any

one occurrence under this Additional

Coverage is:

(a) $25,000 unless a different Limit

of Insurance is shown in the Tier

1 schedule; or

(b) The sum of the Limits of Insurance shown on the Declarations

that applies to loss of Business

Income and Extra Expense under this Coverage form when

direct physical loss occurs to

property at the described premises, whichever is less. The

limit applicable to this Additional Coverage is an additional

amount of insurance.

However, if covered loss to Miscellaneous Dependent Property results from

a "Named Storm" including but not limited to wind, wind driven rain, flood or

hail, caused by or associated with a

"Named Storm," the most we will pay in

any one occurrence at any one dependent property location under this extension is $5,000 and the most we will pay

for all loss or damage sustained in any

one policy year is $25,000, regardless of

the number of occurrences of loss or

damage or the number of premises or

locations involved.

Under 5. Coverage Extension, NEWLY ACQUIRED

LOCATIONS, paragraph c. subparagraph (2) is

changed from 30 days to 180 days.

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CAUSES OF LOSS - SPECIAL FORM AMENDMENT

Under Section C. Limitations, subparagraph 3.c.,

the limit is changed from $2,500 to $10,000 for

patterns, dies, molds and forms.

Under Section C. Limitations, subparagraph 3.d.,

the limit is changed from $250 to $500 for stamps,

tickets, including lottery tickets held for sale, and

letters of credit.

Under Section G. Definitions, the following are

added:

3. "Computer Equipment" means a network of

machine components capable of accepting

information processing it according to plan

and producing the desired results. It includes

air conditioning, fire protection equipment

and electrical equipment used exclusively in

your computer operations.

4 "Data" means facts, concepts or instructions,

including computer programs, which are

converted to a form usable to your data

processing operations.

5. "Media" means material on which data are

recorded.

6. "Computer Programs" means data used to

direct computer equipment including diagrams or other records which can be used to

reproduce programs.

7. "Named Storm" means a storm system identified by the National Weather Service as a

tropical windstorm or hurricane.

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POLICY NUMBER: COMMERCIAL PROPERTY

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

DEBRIS REMOVAL ADDITIONAL INSURANCE

This endorsement modifies insurance provided under the following:

BUILDERS' RISK COVERAGE FORM

BUILDING AND PERSONAL PROPERTY COVERAGE FORM

CONDOMINIUM ASSOCIATION COVERAGE FORM

CONDOMINIUM COMMERCIAL UNIT-OWNERS COVERAGE FORM

STANDARD PROPERTY POLICY

TOBACCO SALES WAREHOUSES COVERAGE FORM

SCHEDULE*

Prem. Bldg. Debris Removal Additional

No. No. Amount Premium

Refer to Commercial Property Expanded and/or Signature Series Schedule(s) for Coverages and Limits

of Insurance.

* Information required to complete this Schedule, If not shown on this endorsement will be shown

in the Declarations.

The additional limit of $10,000 for debris removal in the Debris Removal Additional Coverages section is

replaced by the higher amount shown in the Schedule.

CWP 7928998

Copyright, Insurance Services Office, Inc., 1999 CP 04 15 10 00

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POLICY NUMBER: COMMERCIAL PROPERTY

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

ORDINANCE OR LAW COVERAGE

This endorsement modifies insurance provided under the following:

BUILDING AND PERSONAL PROPERTY COVERAGE FORM

CONDOMINIUM ASSOCIATION COVERAGE FORM

STANDARD PROPERTY POLICY

SCHEDULE*

Cov. B Cov. C Cov. B and C

Prem. No./ Limit Limit Combined Limit

Bldg. No. Cov. A Of Insurance Of Insurance Of Insurance

/ $ $ $ **

/ $ $ $ **

/ $ $ $ **

Refer to Commercial Property Expanded and/or Signature Series Schedule(s) for Coverages and Limits

of Insurance.

* Information required to complete the Schedule, if not shown on this endorsement, will be shown in

the Declarations.

** Do not enter a Combined Limit of Insurance if individual Limits of Insurance are selected for Coverages B and C, or if one of these Coverages is not applicable.

CWP 7928998

A. Each Coverage - Coverage A, Coverage B

and Coverage C - is provided under this

endorsement only if that Coverage(s) is

chosen by entry in the above Schedule and

then only with respect to the building identified for that Coverage(s) in the Schedule.

B. Application Of Coverage(s)

The Coverage(s) provided by this endorsement apply only if both B.1. and B.2. are

satisfied and are then subject to the qualifications set forth in B.3.

1. The ordinance or law;

a. Regulates the demolition, construction or repair of buildings, or

establishes zoning or land use requirements at the described premises; and

b. Is in force at the time of loss.

But coverage under this endorsement

applies only in response to the minimum requirements of the ordinance or

law. Losses and costs incurred in

complying with recommended actions

or standards that exceed actual requirements are not covered under this

endorsement.

2. a. The building sustains direct physical damage that is covered under

this policy and such damage results

in enforcement of the ordinance or

law; or

b. The building sustains both direct

physical damage that is covered

under this policy and direct physical damage that is not covered

under this policy, and the building

damage in its entirety results in

enforcement of the ordinance or

law.

c. But if the building sustains direct

physical damage that is not covered under this policy, and such

damage is the subject of the ordinance or law, then there is no coverage under this endorsement even

if the building has also sustained

covered direct physical damage.

3. In the situation described in B.2.b.

above, we will not pay the full amount

of loss otherwise payable under the

terms of Coverages A, B and/or C of this

endorsement. Instead, we will pay a

proportion of such loss; meaning the

proportion that the covered direct physical damage bears to the total direct

physical damage.

Copyright, Insurance Services Office, Inc., 2001 CP 04 05 04 02

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(Section H. of this endorsement provides an example of this procedure.)

However, if the covered direct physical

damage, alone, would have resulted in

enforcement of the ordinance or law,

then we will pay the full amount of loss

otherwise payable under the terms of

Coverages A, B and/or C of this

endorsement.

C. We will not pay under Coverage A, B or C

of this endorsement for:

1. Enforcement of any ordinance or law

which requires the demolition, repair,

replacement, reconstruction, remodeling or remediation of property due to

contamination by "pollutants" or due to

the presence, growth, proliferation,

spread or any activity of "fungus", wet

or dry rot or bacteria; or

2. The costs associated with the enforcement of any ordinance or law which requires any insured or others to test for,

monitor, clean up, remove, contain,

treat, detoxify or neutralize, or in any

way respond to, or assess the effects of

"pollutants", "fungus", wet or dry rot or

bacteria.

D. Coverage

1. Coverage A - Coverage For Loss To The

Undamaged Portion Of The Building

With respect to the building that has

sustained covered direct physical damage, we will pay under Coverage A for

the loss in value of the undamaged

portion of the building as a consequence of enforcement of an ordinance

or law that requires demolition of undamaged parts of the same building.

Coverage A is included within the Limit

of Insurance shown in the Declarations

as applicable to the covered building.

Coverage A does not increase the Limit

of Insurance.

2. Coverage B - Demolition Cost Coverage

With respect to the building that has

sustained covered direct physical damage, we will pay the cost to demolish

and clear the site of undamaged parts

of the same building, as a consequence

of enforcement of an ordinance or law

that requires demolition of such damaged property.

The Coinsurance Additional Condition does

not apply to Demolition Cost Coverage.

3. Coverage C - Increased Cost Of Construction Coverage

a. With respect to the building that has

sustained covered direct physical

damage, we will pay for the increased cost to:

(1) Repair or reconstruct damaged

portions of that building; and/or

(2) Reconstruct or remodel undamaged portions of that

building, whether or not demolition is required;

when the increased cost is a consequence of enforcement of the

minimum requirements of the ordinance or law.

However:

(1) This coverage applies only if

the restored or remodeled

property is intended for similar

occupancy as the current

property, unless such occupancy is not permitted by zoning or land use ordinance or

law.

(2) We will not pay for the increased cost of construction if

the building is not repaired,

reconstructed or remodeled.

The Coinsurance Additional Condition does not apply to Increased

Cost of Construction Coverage.

b. When a building is damaged or destroyed and Coverage C applies to

that building in accordance with 3.a.

above, coverage for the increased

cost of construction also applies to

repair or reconstruction of the following, subject to the same conditions stated in 3.a.:

(1) The cost of excavations, grading, backfilling and filling;

(2) Foundation of the building;

(3) Pilings; and

(4) Underground pipes, flues and

drains.

The items listed in b.(1) through

b.(4) above are deleted from Property Not Covered, but only with respect to the coverage described in

this Provision, 3.b.

E. Loss Payment

1. All following loss payment Provisions,

E.2. through E.5., are subject to the appointment procedures set forth in Section B.3. of this endorsement.

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2. When there is a loss in value of an undamaged portion of a building to which

Coverage A applies, the loss payment

for that building, including damaged and

undamaged portions, will be determined as follows:

a. If the Replacement Cost Coverage

Option applies and the property is

being repaired or replaced, on the

same or another premises, we will

not pay more than the lesser of:

(1) The amount you would actually

spend to repair, rebuild or reconstruct the building, but not

for more than the amount it

would cost to restore the

building on the same premises

and to the same height, floor

area, style and comparable

quality of the original property

insured; or

(2) The Limit of Insurance shown

in the Declarations as applicable to the covered building.

b. If the Replacement Cost Coverage

Option applies and the property is

not repaired or replaced, or if the

Replacement Cost Coverage Option

does not apply, we will not pay

more than the lesser of:

(1) The actual cash value of the

building at the time of loss; or

(2) The Limit of Insurance shown

in the Declarations as applicable to the covered building.

3. Unless Paragraph E.5. applies, loss

payment under Coverage B - Demolition

Cost Coverage will be determined as

follows:

We will not pay more than the lesser of

the following:

a. The amount you actually spend to

demolish and clear the site of the

described premises; or

b. The applicable Limit of Insurance

shown for Coverage B in the

Schedule above.

4. Unless Paragraph E.5. applies, loss

payment under Coverage C - Increased

Cost of Construction Coverage will be

determined as follows:

a. We will not pay under Coverage C:

(1) Until the property is actually

repaired or replaced, at the

same or another premises; and

(2) Unless the repairs or replacement are made as soon as

reasonably possible after the

loss or damage, not to exceed

two years. We may extend this

period in writing during the two

years.

b. If the building is repaired or replaced at the same premises, or if

you elect to rebuild at another

premises, the most we will pay under Coverage C is the lesser of:

(1) The increased cost of construction at the same premises; or

(2) The applicable Limit of Insurance shown for Coverage C in

the Schedule above.

c. If the ordinance or law requires relocation to another premises, the

most we will pay under Coverage

C is the lesser of:

(1) The increased cost of construction at the new premises;

or

(2) The applicable Limit of Insurance shown for Coverage C in

the Schedule above.

5. If a Combined Limit of Insurance is

shown for Coverages B and C in the

Schedule above, Paragraphs E.3. and

E.4. of this endorsement do not apply

with respect to the building that is subject to the Combined Limit, and the following loss payment provisions apply

instead:

The most we will pay, for the total of all

covered losses for Demolition Cost and

Increased Cost of Construction, is the

Combined Limit of Insurance shown for

Coverages B and C in the Schedule

above. Subject to this Combined Limit

of Insurance, the following loss payment

provisions apply:

a. For Demolition Cost, we will not pay

more than the amount you actually

spend to demolish and clear the

site of the described premises.

b. With respect to the Increased Cost

of Construction:

(1) We will not pay for the increased cost of construction:

(a) Until the property is actually repaired or replaced,

at the same or another

premises; and

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(b) Unless the repairs or replacement are made as

soon as reasonably possible after the loss or damage, not to exceed two

years. We may extend this

period in writing during

the two years.

(2) If the building is repaired or

replaced at the same premises, or if you elect to rebuild

at another premises, the most

we will pay for the increased

cost of construction is the increased cost of construction at

the same premises.

(3) If the ordinance or law requires

relocation to another premises,

the most we will pay for the increased cost of construction is

the increased cost of construction at the new premises.

F. The terms of this endorsement apply separately to each building to which this

endorsement applies.

G. Under this endorsement we will not pay for

loss due to any ordinance or law that:

1. You were required to comply with before the loss, even if the building was

undamaged; and

2. You failed to comply with.

H. Example of Proportionate Loss Payment for

Ordinance or Law Coverage Losses (procedure as set forth in Section B.3. of this

endorsement)

Assume:

• Wind is a Covered Cause of Loss; Flood

is an excluded Cause of Loss

• The building has a value of $200,000

• Total direct physical damage to building: $100,000

• The ordinance or law in this jurisdiction

is enforced when building damage

equals or exceeds 50% of the building's

value

• Portion of direct physical damage that

is covered (caused by wind): $30,000

• Portion of direct physical damage that

is not covered (caused by flood):

$70,000

• Loss under Ordinance or Law Coverage

C of this endorsement: $60,000

Step 1:

Determine the proportion that the covered direct physical damage bears to

the total direct physical damage.

$30,000 ÷ $100,000 = .30

Step 2:

Apply that proportion to the Ordinance

or Law loss.

$60,000 x .30 = $18,000

In this example, the most we will pay

under this endorsement for the Coverage C loss is $18,000, subject to the applicable Limit of Insurance and any

other applicable provisions.

NOTE: The same procedure applies to

losses under Coverages A and B of this

endorsement.

I. The following definition is added:

"Fungus" means any type or form of fungus,

including mold or mildew, and any

mycotoxins, spores, scents or by-products

produced or released by fungi.

CP 04 05 04 02

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POLICY NUMBER: COMMERCIAL PROPERTY

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

PEAK SEASON LIMIT OF INSURANCE

This endorsement modifies insurance provided under the following:

BUILDING AND PERSONAL PROPERTY COVERAGE FORM

CONDOMINIUM COMMERCIAL UNIT-OWNERS COVERAGE FORM

STANDARD PROPERTY POLICY

SCHEDULE*

Peak Season

Additional

Prem. Bldg. Covered Limit of Period

No. No. Property Insurance From To

Refer to Commercial Property Expanded and/or Signature Series Schedule(s) for Coverages and Limits

of Insurance.

The Limit of Insurance on covered personal property is increased to include the amount shown in the

Schedule:

A. At the described location(s); and

B. Only from 12:01 A.M. Standard Time of the first day to 12:01 A.M. Standard Time of the last day of the

applicable period(s) shown in the Schedule.

* Information required to complete this Schedule, if not shown on this endorsement, will be shown in the

Declarations.

CWP 7928998

Copyright, ISO Commercial Risk Services, Inc., 1994 CP 12 30 06 95

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COMMERCIAL PROPERTY

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

POLLUTANT CLEAN UP AND REMOVAL

ADDITIONAL AGGREGATE LIMIT OF INSURANCE

This endorsement modifies insurance provided under the following:

BUILDING AND PERSONAL PROPERTY COVERAGE FORM

CONDOMINIUM ASSOCIATION COVERAGE FORM

CONDOMINIUM COMMERCIAL UNIT-OWNERS COVERAGE FORM

BUILDERS' RISK COVERAGE FORM

STANDARD PROPERTY POLICY

TOBACCO SALES WAREHOUSE COVERAGE FORM

SCHEDULE*

Prem. Additional Aggregate Additional

No. Limit of Insurance Deductible Premium

Refer to Commercial Property Expanded and/or Signature Series Schedule(s) for Coverages and Limits

of Insurance.

POLICY NUMBER: CWP 7928998

A. The $10,000 annual aggregate limit for the

POLLUTANT CLEAN UP AND REMOVAL Additional Coverage is increased by the Additional Aggregate Limit of Insurance shown in

the Schedule.

B. We will not pay under this endorsement for

"pollutants" clean up or removal costs in any

occurrence until the total of all such costs

exceeds the sum of:

1. The $10,000 aggregate limit from the

basic Pollutant Clean Up and Removal

Additional Coverage, less any prior payments for the same policy year; plus

2. The Deductible shown in the Schedule.

We will then pay the costs in excess of that sum,

until the Additional Aggregate Limit of Insurance

shown in the Schedule is used up during the applicable 12-month period.

Example:

The cost of "pollutants" clean up and removal

is $40,000

The remaining aggregate from the basic Additional Coverage (assuming $4,000 has previously been paid for the same policy year)

is $ 6,000

The Deductible shown in the Schedule

is $10,000

The Pollutant Clean Up and Removal Additional Aggregate Limit of Insurance

is $25,000

We will determine the most we will pay under this

endorsement as follows:

The cost incurred $40,000

Less the sum of the remaining

basic Additional Coverage

aggregate $ 6,000

and the Deductible 10,000. -16,000

The most we will pay under this endorsement

is $24,000.

The remaining benefit under this endorsement for costs incurred for the policy year is

$1,000.

C. No other Deductible in this policy applies to

this endorsement.

*Information required to complete this Schedule, if not shown on this endorsement, will be shown in the

Declarations.

Copyright, ISO Commercial Risk Services, Inc., 1985, 1990 CP 04 07 10 91

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POLICY NUMBER: COMMERCIAL PROPERTY

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

SPOILAGE COVERAGE

This endorsement modifies insurance provided under the following:

BUILDING AND PERSONAL PROPERTY COVERAGE FORM

CONDOMINIUM COMMERCIAL UNIT-OWNERS COVERAGE FORM

SCHEDULE

Premises Number Building Number Limit Of Insurance

Description Of Property:

Refer to Commercial Property Expanded and/or Signature Series Schedule(s) for Coverages and Limits

of Insurance.

Deductible: $500

Refrigeration Maintenance

Agreement:

Causes Of Loss

Breakdown Or Contamination:

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

CWP 7928998

The Coverage Form to which this endorsement

applies is extended to insure against direct physical loss or damage by the Covered Causes of

Loss, but only with respect to coverage provided

by this endorsement.

A. Paragraph A.1., Covered Property is replaced

by the following:

1. Covered Property

Covered Property means "perishable

stock" at the described premises owned

by you or by others that is in your care,

custody or control.

B. With respect to the coverage provided by this

endorsement, property located on buildings

or in the open or in vehicles is considered to

be Property Not Covered.

C. Paragraph A.3., Covered Causes Of Loss is

replaced by the following:

3. Covered Causes Of Loss

Covered Causes of Loss means the following only if indicated by an "X" in the

Schedule:

a. Breakdown or Contamination,

meaning:

(1) Change in temperature or humidity resulting from mechanical breakdown or mechanical

failure of refrigerating, cooling

or humidity control apparatus

or equipment, only while such

equipment or apparatus is at the

described premises; and

(2) Contamination by the

refrigerant.

b. Power Outage, meaning change in

temperature or humidity resulting

from complete or partial interruption

of electrical power, either on or off

the described premises, due to conditions beyond your control.

D. Selling Price

If Selling Price is indicated by an "X" in the

Schedule, the following is added to the Valuation Loss Condition:

We will determine the value of finished "perishable stock" in the event of loss or damage

at:

1. The selling price, as if no loss or damage

had occurred;

© ISO Properties, Inc., 2006 CP 04 40 06 07

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2. Less discounts and expenses you otherwise would have had.

E. Paragraph A.5., Coverage Extensions does

not apply.

F. Paragraph B. Exclusions is replaced by the

following:

B. Exclusions

1. Only the following Exclusions contained in Paragraph B.1. of the

Causes of Loss Form applicable to

this Coverage Part apply to Spoilage

Coverage:

a. Earth Movement;

b. Governmental Action;

c. Nuclear Hazard;

d. War And Military Action; and

e. Water.

2. The following Exclusions are added:

We will not pay for loss or damage

caused by or resulting from:

a. The disconnection of any refrigerating, cooling or humidity

control system from the source

of power.

b. The deactivation of electrical

power caused by the manipulation of any switch or other device used to control the flow of

electrical power or current.

c. The inability of an Electrical

Utility Company or other power

source to provide sufficient

power due to:

(1) Lack of fuel; or

(2) Governmental order.

d. The inability of a power source

at the described premises to

provide sufficient power due to

lack of generating capacity to

meet demand.

e. Breaking of any glass that is a

permanent part of any refrigerating, cooling or humidity control unit.

G. Paragraph D. Deductible is replaced by the

following:

We will not pay for loss or damage in any one

occurrence until the amount of loss or damage exceeds the Deductible shown in the

Schedule of this endorsement. We will then

pay the amount of loss or damage in excess

of that Deductible, up to the applicable Limit

of Insurance. No other deductible in this policy applies to the coverage provided by this

endorsement.

H. Paragraph F., Additional Conditions is replaced by the following:

ADDITIONAL CONDITION

The following condition applies in addition to

the Common Policy Conditions and the Commercial Property Conditions.

REFRIGERATION MAINTENANCE AGREEMENTS

If Breakdown or Contamination is designated

as a Covered Cause of Loss and a refrigeration maintenance agreement is shown as

applicable by an "X" in the Schedule, the following condition applies:

You must maintain a refrigeration maintenance or service agreement. If you voluntarily terminate this agreement and do not notify

us, the insurance provided by this endorsement will be automatically suspended at the

involved location.

I. Paragraph G., Optional Coverages does not

apply.

J. The following is added to the Definitions:

"Perishable stock" means personal property:

a. Maintained under controlled conditions

for its preservation; and

b. Susceptible to loss or damage if the

controlled conditions change.

CP 04 40 06 07

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POLICY NUMBER: COMMERCIAL PROPERTY

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

UTILITY SERVICES - DIRECT DAMAGE

This endorsement modifies insurance provided under the following:

BUILDING AND PERSONAL PROPERTY COVERAGE FORM

BUILDERS' RISK COVERAGE FORM

CONDOMINIUM ASSOCIATION COVERAGE FORM

CONDOMINIUM COMMERCIAL UNIT-OWNERS COVERAGE FORM

STANDARD PROPERTY POLICY

TOBACCO SALES WAREHOUSES COVERAGE FORM

SCHEDULE*

Enter "X" for each applicable Property

CommuCommu- nication Power

Water nication Supply Power Supply

Supply Supply Property Supply Property

Property Property (not Property (not

(including including (including including

overhead overhead overhead overhead

Prem. Bldg. Utility Services transmis- transmis- transmis- transimisNo. No. Limit Of Insurance sion lines) sion lines) sion lines) sion lines)

$

Covered Property:

Causes Of Loss Form Applicable:

Refer to Commercial Property Expanded and/or Signature Series Schedule(s) for Coverages and Limits

of Insurance.

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

CWP 7928998

A. We will pay for loss of or damage to Covered

Property described in the Schedule, caused

by an interruption of service to the described

premises. The interruption in utility service

must result from direct physical loss or damage by a Covered Cause of Loss (as indicated

in the Schedule) to the property described in

Paragraph C. if such property is indicated by

an "X" in the Schedule.

B. Exception

Coverage under this endorsement for loss or

damage to Covered Property does not apply

to loss or damage to electronic data, including destruction or corruption of electronic

data. The term electronic data has the

meaning set forth in the Coverage Form to

which this endorsement applies.

C. Utility Services

1. Water Supply Services, meaning the following types of property supplying water

to the described premises:

a. Pumping stations; and

b. Water mains.

2. Communication Supply Services, meaning property supplying communication

services, including telephone, radio,

microwave or television services to the

described premises, such as:

a. Communication transmission lines,

including optic fiber transmission

lines;

b. Coaxial cables; and

c. Microwave radio relays except satellites.

It does not include overhead transmission lines unless indicated by an "X"

in the Schedule.

© ISO Properties, Inc., 2006 CP 04 17 06 07

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3. Power Supply Services, meaning the following types of property supplying electricity, steam or gas to the described

premises:

a. Utility generating plants;

b. Switching stations;

c. Substations;

d. Transformers; and

e. Transmission lines.

It does not include overhead transmission

lines unless indicated by an "X" in the

Schedule.

D. If a Utility Services Limit Of Insurance is

shown in the Schedule, such limit is part of,

not in addition to, the Limit of Insurance

stated in the Declarations or in the Separation Of Coverage endorsement as applicable to the Covered Property.

If no Limit of Insurance is shown for Utility

Services, coverage under this endorsement

is subject to the applicable Limit of Insurance

on the Covered Property as shown in the

Declarations or in the Separation Of Coverage endorsement. But this Utility Services

endorsement does not increase the applicable Limit of Insurance.

CP 04 17 06 07

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COMMERCIAL PROPERTY

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

BRANDS AND LABELS

This endorsement modifies insurance provided under the following:

BUILDING AND PERSONAL PROPERTY COVERAGE FORM

CONDOMINIUM ASSOCIATION COVERAGE FORM

CONDOMINIUM COMMERCIAL UNIT-OWNERS COVERAGE FORM

STANDARD PROPERTY POLICY

A. If branded or labeled merchandise that is

Covered Property is damaged by a Covered

Cause of Loss, we may take all or any part

of the property at an agreed or appraised

value. If so, you may:

1. Stamp "salvage" on the merchandise or

its containers, if the stamp will not physically damage the merchandise; or

2. Remove the brands or labels, if doing so

will not physically damage the merchandise. You must relabel the merchandise

or its containers to comply with the law.

B. We will pay reasonable costs you incur to

perform the activity described in A.1. or A.2.

above. But the total we pay for these costs

and the value of the damaged property will

not exceed the applicable Limit of Insurance

on such property.

Refer to Commercial Property Expanded and/or Signature Series Schedule(s) for Coverages and Limits

of Insurance.

Copyright, Insurance Services Office, Inc., 1999 CP 04 01 10 00

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POLICY NUMBER: COMMERCIAL PROPERTY

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

DISCHARGE FROM SEWER, DRAIN OR SUMP

(NOT FLOOD-RELATED)

This endorsement modifies insurance provided under the following:

BUILDING AND PERSONAL PROPERTY COVERAGE FORM

BUSINESS INCOME (AND EXTRA EXPENSE) COVERAGE FORM

BUSINESS INCOME (WITHOUT EXTRA EXPENSE) COVERAGE FORM

CONDOMINIUM ASSOCIATION COVERAGE FORM

CONDOMINIUM COMMERCIAL UNIT-OWNERS COVERAGE FORM

EXTRA EXPENSE COVERAGE FORM

TOBACCO SALES WAREHOUSES COVERAGE FORM

SCHEDULE

Premises Building Discharge Limit Discharge Limit Annual Aggregate

Number Number (Property Damage) (Business Interruption) Limitation Applies

$ $

$ $

$ $

Refer to Commercial Property Expanded and/or Signature Series Schedule(s) for Coverages and

Limits of Insurance.

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

A. If a Discharge Limit for Property Damage is

entered in the Schedule, the following applies:

With respect to the premises identified in the

Schedule, we will pay for direct physical loss

or damage to Covered Property, caused by

or resulting from discharge of water or

waterborne material from a sewer, drain or

sump located on the described premises,

provided such discharge is not induced by

flood or flood-related conditions.

The aforementioned references to flood include surface water, waves (including tidal

wave and tsunami), tides, tidal water, and

overflow of any body of water, including storm

surge.

For the purpose of this endorsement, the term

drain includes a roof drain and related fixtures.

B. If a Discharge Limit for Business Interruption

is entered in the Schedule, the following applies:

With respect to the premises identified in the

Schedule, we will pay for business income

loss and/or extra expense in accordance with

the terms of the Coverage Form applicable to

such premises under your policy, when such

loss or expense arises out of the direct physical loss or damage described in Paragraph

A.

C. There is no coverage under this endorsement

if:

1. The discharge results from an insured's

failure to perform routine maintenance

or repair necessary to keep a sewer or

drain or a sump, sump pump or related

equipment free from obstruction and in

proper working condition. This limitation

does not apply to sudden mechanical

breakdown of a sump pump or its related

equipment, provided the breakdown is

not the result of an insured's negligence;

or

2. Sump pump failure is caused by or results from failure of power, unless this

policy is endorsed to cover power failure

affecting the described premises.

© Insurance Services Office, Inc., 2011 CP 10 38 10 12

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D. To the extent that the Water Exclusion might

conflict with the coverage provided under this

endorsement, the Water Exclusion does not

apply to such coverage.

E. We will not pay the cost of repairing or replacing a sewer, drain, sump, sump pump or

any related parts or equipment.

F. The most we will pay under this endorsement, for the total of all covered loss and expense, is the applicable Discharge Limit

shown in the Schedule. Such Limit is part of,

not in addition to, the Limit of Insurance applicable to the Covered Property, business

income or extra expense.

G. If the Annual Aggregate Limitation is shown

as applicable in the Schedule, then the following applies:

The applicable Discharge Limit is an annual

aggregate limit and as such is the most we

will pay for the total of all covered loss and

expense caused by all occurrences in a

12-month period (starting with the beginning

of the present annual policy period), regardless of the number of occurrences during that

period of time. Thus, if the first occurrence

does not exhaust the applicable Discharge

Limit, then the balance of that Limit is available for a subsequent occurrence. If an occurrence begins during one annual policy

period and ends during the following annual

policy period, any Discharge Limit applicable

to the following annual policy period will not

apply to that occurrence.

H. All policy provisions apply to the coverage

provided under this endorsement unless otherwise indicated, including the Deductible for

direct physical loss or damage and the "period of restoration" for business income and

extra expense. If an occurrence results in

loss payable only under this endorsement,

the Deductible applicable to Fire will apply to

this endorsement. But if an occurrence also

causes other loss or damage that is paid under this policy, a separate Deductible will not

apply to the loss or damage covered under

this endorsement.

CP 10 38 10 12

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L I A B I L I T Y C O V E R A G E

L

I

A

B

I

L

I

T

Y

C

O

V

E

R

A

G

E

L I A B I L I T Y C O V E R A G E

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AGENCY PROD.

 

 41 

 RENEWAL 

 GENERAL LIABILITY DECLARATIONS 

 ..................................................................................... 

 COMPANY PROVIDING COVERAGE WESTFIELD INSURANCE COMPANY 

 12-01133 000 NAMED INSURED AND MAILING ADDRESS 

 K&S INVESTMENT PROPERTY GROUP, ESSER HAYES INS GROUP INC 

 LLC. 2000 POLARIS PKWY 

 367 BUCKINGHAM CT COLUMBUS OH 43240-2108 

 LOMBARD IL 60148 TELEPHONE 800-236-3884 

 7 928 998 .01. 1270035528 . M Policy Number: CWP WIC Account Number: 

 11/12/18 Policy From at 12:01 A.M. Standard Time at your 

 11/12/19 Period To mailing address shown above. 

 ..................................................................................... 

 

 LIMITS OF INSURANCE - 

 General Aggregate Limit (Other Than Products/Completed Operations) $2,000,000 

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

 Personal & Advertising Injury Limit (Per Person Or Organization) $1,000,000 

 Each Occurrence Limit $1,000,000 

 Damage to Premises Rented to You Limit (Any One Premises) $100,000 

 Medical Expense Limit (Any One Person) $5,000.....

 ..................................................................................... 

 . 

 . 

 . 

 . 

 . $248.00 TOTAL ADVANCE ANNUAL GENERAL LIABILITY PREMIUM 

 . 

 . 

 . 

 ................................................................. 

 

 ..................................................................................... 

 Forms And Endorsements Applicable To This Coverage Part: 

 CG2167 1204*, CG0001 0413*, IL0021 0908*, CG7000 1298*, CG2503 0509*, 

 CG2504A 0509*, CG2147 1207*, CG7068 0103*, CG7017 1298*, CG2106 0514*, 

 IL7013 1206*, CG2170 0115*, CG0200 0118*, CG2426 0413*. 

PAGE 01 OF 02 CG 70 00 (12-98) 11/07/18 ORIGINAL 

G0O0CG 0 00 (8) /0/8 OG

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AGENCY PROD.

 

 41 

 RENEWAL 

 GENERAL LIABILITY DECLARATIONS 

 (Continued) 

 ..................................................................................... 

 COMPANY PROVIDING COVERAGE WESTFIELD INSURANCE COMPANY 

 

 12-01133 000 NAMED INSURED AND MAILING ADDRESS 

 K&S INVESTMENT PROPERTY GROUP, ESSER HAYES INS GROUP INC 

 LLC. 2000 POLARIS PKWY 

 367 BUCKINGHAM CT COLUMBUS OH 43240-2108 

 LOMBARD IL 60148 TELEPHONE 800-236-3884 

 7 928 998 .01. 1270035528 . M Policy Number: CWP WIC Account Number: 

 11/12/18 Policy From at 12:01 A.M. Standard Time at your 

 11/12/19 Period To mailing address shown above. 

 ..................................................................................... 

 Location Of All Premises Owned By, Rented To Or Controlled By The Named Insured 

 Are The Same As The Mailing Address Of The Policy Declarations Unless Otherwise 

 Indicated. 

 

 GENERAL LIABILITY SCHEDULE 

 PREMIUM BASIS LEGEND - 

 S = GROSS PER $1,000 A = AREA PER 1,000 SQ. FT. U = UNITS PER UNIT 

 SALES C = TOTAL COST PER $1,000 T = SEE CLASSIFICATION 

 P = PAYROLL PER $1,000 M = ADMISSIONS PER 1,000 NOTES 

 O = OTHERS PER $1,000 

 

 RATE LEGEND - 

 PREM/OP = PREMISES AND OPERATIONS MP = MINIMUM PREMIUM 

 PROD = PRODUCTS AND COMPLETED OPERATIONS 

 CMPCBN = COMPOSITE PREMISES/PRODUCTS COMPLETED OPERATIONS 

 PREMIUM 

 CLASSIFICATION CODE BASIS RATE PREMIUM 

 ILLINOIS 

 2235 W 74TH ST 

 CHICAGO ..IL..60636 

 BUILDINGS OR PREMISES - BANK O 61212 PREM/OP 22.510 $248 

 R OFFICE - MERC/MFG (LESSOR'S 11,000 

 PREM/OP MP $87 

 TOTAL 

 TOTAL PREMIUM - PREMISES AND OPERATIONS $248 

 $248 TOTAL ADVANCE ANNUAL GENERAL LIABILITY PREMIUM 

PAGE 02 OF 02 CG 70 00 (12-98) 11/07/18 ORIGINAL 

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COMMERCIAL GENERAL LIABILITY

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

FUNGI OR BACTERIA EXCLUSION

This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

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

- Bodily Injury And Property Damage Liability:

2. Exclusions

This insurance does not apply to:

Fungi or Bacteria

a. "Bodily injury" or "property damage"

which would not have occurred, in

whole or in part, but for the actual,

alleged or threatened inhalation of,

ingestion of, contact with, exposure

to, existence of, or presence of, any

"fungi" or bacteria on or within a

building or structure, including its

contents, regardless of whether any

other cause, event, material or

product contributed concurrently or

in any sequence to such injury or

damage.

b. Any loss, cost or expense arising out

of the abating, testing for, monitoring, cleaning up, removing, containing, treating, detoxifying, neutralizing, remediating or disposing of,

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

bacteria, by any insured or by any

other person or entity.

This exclusion does not apply to any "fungi"

or bacteria that are, are on, or are contained

in, a good or product intended for bodily consumption.

B. The following exclusion is added to Paragraph 2. Exclusions of Section I - Coverage B

- Personal And Advertising Injury Liability:

2. Exclusions

This insurance does not apply to:

Fungi or Bacteria

a. "Personal and advertising injury" or

which would not have taken place, in

whole or in part, but for the actual,

alleged or threatened inhalation of,

ingestion of, contact with, exposure

to, existence of, or presence of, any

"fungi" or bacteria on or within a

building or structure, including its

contents, regardless of whether any

other cause, event, material or

product contributed concurrently or

in any sequence to such injury or

damage.

b. Any loss, cost or expense arising out

of the abating, testing for, monitoring, cleaning up, removing, containing, treating, detoxifying, neutralizing, remediating or disposing of,

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

bacteria, by any insured or by any

other person or entity.

C. The following definition is added to the Definitions Section:

"Fungi" means any type or form of fungus,

including mold or mildew and any

mycotoxins, spores, scents or byproducts

produced or released by fungi.

© ISO Properties, Inc., 2003 CG 21 67 12 04

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COMMERCIAL GENERAL LIABILITY

COMMERCIAL GENERAL LIABILITY COVERAGE FORM

Various provisions in this policy restrict coverage.

Read the entire policy carefully to determine

rights, duties and what is and is not covered.

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

refer to the Named Insured shown in the Declarations, and any other person or organization qualifying as a Named Insured under this policy. The

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

providing this insurance.

The word "insured" means any person or organization qualifying as such under Section II - Who

Is An Insured.

Other words and phrases that appear in quotation

marks have special meaning. Refer to Section V

- Definitions.

SECTION I - COVERAGES

COVERAGE A - BODILY INJURY AND PROPERTY

DAMAGE LIABILITY

1. Insuring Agreement

a. We will pay those sums that the insured

becomes legally obligated to pay as

damages because of "bodily injury" or

"property damage" to which this insurance applies. We will have the right and

duty to defend the insured against any

"suit" seeking those damages. However,

we will have no duty to defend the insured against any "suit" seeking damages for "bodily injury" or "property

damage" to which this insurance does

not apply. We may, at our discretion, investigate any "occurrence" and settle

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

(1) The amount we will pay for damages

is limited as described in Section III

- Limits Of Insurance; and

(2) Our right and duty to defend end

when we have used up the applicable limit of insurance in the payment

of judgments or settlements under

Coverages A or B or medical expenses under Coverage C.

No other obligation or liability to pay

sums or perform acts or services is covered unless explicitly provided for under

Supplementary Payments - Coverages A

and B.

b. This insurance applies to "bodily injury"

and "property damage" only if:

(1) The "bodily injury" or "property

damage" is caused by an "occurrence" that takes place in the "coverage territory;"

(2) The "bodily injury" or "property

damage" occurs during the policy

period; and

(3) Prior to the policy period, no insured

listed under Paragraph 1. of Section

II - Who Is An Insured and no "employee" authorized by you to give or

receive notice of an "occurrence" or

claim, knew that the "bodily injury"

or "property damage" had occurred,

in whole or in part. If such a listed

insured or authorized "employee"

knew prior to the policy period, that

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

"bodily injury" or "property damage"

during or after the policy period will

be deemed to have been known

prior to the policy period.

c. "Bodily injury" or "property damage"

which occurs during the policy period

and was not, prior to the policy period,

known to have occurred by any insured

listed under Paragraph 1. of Section II -

Who Is An Insured or any "employee"

authorized by you to give or receive notice of an "occurrence" or claim, includes

any continuation, change or resumption

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

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

be deemed to have been known to have

occurred at the earliest time when any

insured listed under Paragraph 1. of

Section II - Who Is An Insured or any

"employee" authorized by you to give or

receive notice of an "occurrence" or

claim:

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

us or any other insurer;

(2) Receives a written or verbal demand

or claim for damages because of the

"bodily injury" or "property damage";

or

(3) Becomes aware by any other means

that "bodily injury" or "property

damage" has occurred or has begun

to occur.

e. Damages because of "bodily injury" include damages claimed by any person

or organization for care, loss of services

or death resulting at any time from the

"bodily injury."

© Insurance Services Office, Inc., 2012 CG 00 01 04 13

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2. Exclusions

This insurance does not apply to:

a. Expected Or Intended Injury

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

of the insured. This exclusion does not

apply to "bodily injury" resulting from the

use of reasonable force to protect persons or property.

b. Contractual Liability

"Bodily injury" or "property damage" for

which the insured is obligated to pay

damages by reason of the assumption of

liability in a contract or agreement. This

exclusion does not apply to liability for

damages:

(1) That the insured would have in the

absence of the contract or agreement; or

(2) Assumed in a contract or agreement

that is an "insured contract", provided the "bodily injury" or "property

damage" occurs subsequent to the

execution of the contract or agreement. Solely for the purposes of liability assumed in an "insured

contract", reasonable attorneys' fees

and necessary litigation expenses

incurred by or for a party other than

an insured are deemed to be damages because of "bodily injury" or

"property damage", provided:

(a) Liability to such party for, or for

the cost of, that party's defense

has also been assumed in the

same "insured contract"; and

(b) Such attorneys' fees and litigation expenses are for defense

of that party against a civil or

alternative dispute resolution

proceeding in which damages to

which this insurance applies are

alleged.

c. Liquor Liability

"Bodily injury" or "property damage" for

which any insured may be held liable by

reason of:

(1) Causing or contributing to the

intoxication of any person;

(2) The furnishing of alcoholic

beverages to a person under the legal drinking age or under the influence of alcohol; or

(3) Any statute, ordinance or regulation

relating to the sale, gift, distribution

or use of alcoholic beverages.

This exclusion applies even if the claims

against any insured allege negligence or

other wrongdoing in:

(a) The supervision, hiring, employment, training or monitoring of others by that insured; or

(b) Providing or failing to provide transportation with respect to any person

that may be under the influence of

alcohol;

if the "occurrence" which caused the

"bodily injury" or "property damage", involved that which is described in Paragraph (1), (2) or (3) above.

However, this exclusion applies only if

you are in the business of manufacturing,

distributing, selling, serving or furnishing

alcoholic beverages. For the purposes

of this exclusion, permitting a person to

bring alcoholic beverages on your premises, for consumption on your premises,

whether or not a fee is charged or a license is required for such activity, is not

by itself considered the business of selling, serving or furnishing alcoholic

beverages.

d. Workers' Compensation And Similar

Laws

Any obligation of the insured under a

workers' compensation, disability benefits or unemployment compensation law

or any similar law.

e. Employer's Liability

"Bodily injury" to:

(1) An "employee" of the insured arising

out of and in the course of:

(a) Employment by the insured; or

(b) Performing duties related to the

conduct of the insured's business; or

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

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

This exclusion applies whether the insured may be liable as an employer or in

any other capacity and to any obligation

to share damages with or repay someone else who must pay damages because of the injury.

This exclusion does not apply to liability

assumed by the insured under an "insured contract."

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f. Pollution

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

arising out of the actual, alleged or

threatened discharge, dispersal,

seepage, migration, release or escape of "pollutants":

(a) At or from any premises, site or

location which is or was at any

time owned or occupied by, or

rented or loaned to, any insured. However, this subparagraph does not apply to:

(i) "Bodily injury" if sustained

within a building and

caused by smoke, fumes,

vapor or soot produced by

or originating from equipment that is used to heat,

cool or dehumidify the

building, or equipment that

is used to heat water for

personal use, by the

building's occupants or

their guests;

(ii) "Bodily injury" or "property

damage" for which you may

be held liable, if you are a

contractor and the owner

or lessee of such premises,

site or location has been

added to your policy as an

additional insured with respect to your ongoing operations performed for that

additional insured at that

premises, site or location

and such premises, site or

location is not and never

was owned or occupied by,

or rented or loaned to, any

insured, other than that additional insured; or

(iii) "Bodily injury" or "property

damage" arising out of

heat, smoke or fumes from

a "hostile fire";

(b) At or from any premises, site or

location which is or was at any

time used by or for any insured

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

treatment of waste;

(c) Which are or were at any time

transported, handled, stored,

treated, disposed of, or processed as waste by or for:

(i) Any insured; or

(ii) Any person or organization

for whom you may be legally responsible; or

(d) At or from any premises, site or

location on which any insured

or any contractors or subcontractors working directly or indirectly on any insured's behalf

are performing operations if the

"pollutants" are brought on or to

the premises, site or location in

connection with such operations

by such insured, contractor or

subcontractor. However, this

subparagraph does not apply to:

(i) "Bodily injury" or "property

damage" arising out of the

escape of fuels, lubricants

or other operating fluids

which are needed to perform the normal electrical,

hydraulic or mechanical

functions necessary for the

operation of "mobile equipment" or its parts, if such

fuels, lubricants or other

operating fluids escape

from a vehicle part designed to hold, store or receive them. This exception

does not apply if the "bodily

injury" or "property damage" arises out of the intentional discharge,

dispersal or release of the

fuels, lubricants or other

operating fluids, or if such

fuels, lubricants or other

operating fluids are brought

on or to the premises, site

or location with the intent

that they be discharged,

dispersed or released as

part of the operations being

performed by such insured,

contractor or subcontractor;

(ii) "Bodily injury" or "property

damage" sustained within

a building and caused by

the release of gases, fumes

or vapors from materials

brought into that building in

connection with operations

being performed by you or

on your behalf by a contractor or subcontractor; or

(iii) "Bodily injury" or "property

damage" arising out of

heat, smoke or fumes from

a "hostile fire".

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(e) At or from any premises, site or

location on which any insured

or any contractors or subcontractors working directly or indirectly on any insured's behalf

are performing operations if the

operations are to test for, monitor, clean up, remove, contain,

treat, detoxify or neutralize, or

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

(2) Any loss, cost or expense arising out

of any:

(a) Request, demand, order or statutory or regulatory requirement

that any insured or others test

for, monitor, clean up, remove,

contain, treat, detoxify or neutralize, or in any way respond

to, or assess the effects of

"pollutants"; or

(b) Claim or "suit" by or on behalf

of a governmental authority for

damages because of testing for,

monitoring, cleaning up, removing, containing, treating,

detoxifying or neutralizing, or in

any way responding to, or assessing the effects of

"pollutants".

However, this paragraph does not

apply to liability for damages because of "property damage" that the

insured would have in the absence

of such request, demand, order or

statutory or regulatory requirement,

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

g. Aircraft, Auto Or Watercraft

"Bodily injury" or "property damage"

arising out of the ownership, maintenance, use or entrustment to others of

any aircraft, "auto" or watercraft owned

or operated by or rented or loaned to any

insured. Use includes operation and

"loading or unloading."

This exclusion applies even if the claims

against any insured allege negligence or

other wrongdoing in the supervision, hiring, employment, training or monitoring

of others by that insured, if the "occurrence" which caused the "bodily injury"

or "property damage" involved the ownership, maintenance, use or entrustment

to others of any aircraft, "auto" or

watercraft that is owned or operated by

or rented or loaned to any insured.

This exclusion does not apply to:

(1) A watercraft while ashore on premises you own or rent;

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

(a) Less than 26 feet long; and

(b) Not being used to carry persons

or property for a charge;

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

next to, premises you own or rent,

provided the "auto" is not owned by

or rented or loaned to you or the insured;

(4) Liability assumed under any "insured contract" for the ownership,

maintenance or use of aircraft or

watercraft; or

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

arising out of:

(a) The operation of machinery or

equipment that is attached to,

or part of, a land vehicle that

would qualify under the definition of "mobile equipment" if

it were not subject to a compulsory or financial responsibility

law or other motor vehicle insurance law where it is licensed

or principally garaged; or

(b) The operation of any of the machinery or equipment listed in

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

definition of "mobile equipment."

h. Mobile Equipment

"Bodily injury" or "property damage"

arising out of:

(1) The transportation of "mobile equipment" by an "auto" owned or operated by or rented or loaned to any

insured; or

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

or while in practice for, or while being prepared for, any prearranged

racing, speed, demolition, or stunting activity.

i. War

"Bodily injury" or "property damage",

however caused, arising, directly or indirectly, out of:

(1) War, including undeclared or civil

war;

(2) Warlike action by a military force,

including action in hindering or defending against an actual or expected attack, by any government,

sovereign or other authority using

military personnel or other agents;

or

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(3) Insurrection, rebellion, revolution,

usurped power, or action taken by

governmental authority in hindering

or defending against any of these.

j. Damage To Property

"Property damage" to:

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

including any costs or expenses incurred by you, or any other person,

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

for any reason, including prevention

of injury to a person or damage to

another's property;

(2) Premises you sell, give away or

abandon, if the "property damage"

arises out of any part of those

premises;

(3) Property loaned to you;

(4) Personal property in the care, custody or control of the insured;

(5) That particular part of real property

on which you or any contractors or

subcontractors working directly or

indirectly on your behalf are performing operations, if the "property

damage" arises out of those operations; or

(6) That particular part of any property

that must be restored, repaired or

replaced because "your work" was

incorrectly performed on it.

Paragraphs (1), (3) and (4) of this exclusion do not apply to "property damage"

(other than damage by fire) to premises,

including the contents of such premises,

rented to you for a period of seven or

fewer consecutive days. A separate limit

of insurance applies to Damage To

Premises Rented To You as described in

Section III - Limits Of Insurance.

Paragraph (2) of this exclusion does not

apply if the premises are "your work" and

were never occupied, rented or held for

rental by you.

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

under a sidetrack agreement.

Paragraph (6) of this exclusion does not

apply to "property damage" included in

the "products-completed operations hazard."

k. Damage To Your Product

"Property damage" to "your product"

arising out of it or any part of it.

l. Damage To Your Work

"Property damage" to "your work" arising

out of it or any part of it and included in

the "products-completed operations hazard."

This exclusion does not apply if the

damaged work or the work out of which

the damage arises was performed on

your behalf by a subcontractor.

m. Damage To Impaired Property Or Property Not Physically Injured

"Property damage" to "impaired property" or property that has not been physically injured, arising out of:

(1) A defect, deficiency, inadequacy or

dangerous condition in "your product" or "your work;" or

(2) A delay or failure by you or anyone

acting on your behalf to perform a

contract or agreement in accordance

with its terms.

This exclusion does not apply to the loss

of use of other property arising out of

sudden and accidental physical injury to

"your product" or "your work" after it has

been put to its intended use.

n. Recall Of Products, Work Or Impaired

Property

Damages claimed for any loss, cost or

expense incurred by you or others for the

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

(1) "Your product;"

(2) "Your work;" or

(3) "Impaired property;"

if such product, work, or property is

withdrawn or recalled from the market

or from use by any person or organization because of a known or suspected

defect, deficiency, inadequacy or dangerous condition in it.

o. Personal And Advertising Injury

"Bodily injury" arising out of "personal

and advertising injury".

p. Electronic Data

Damages arising out of the loss of, loss

of use of, damage to, corruption of, inability to access, or inability to manipulate

electronic data.

However, this exclusion does not apply

to liability for damages because of "bodily injury".

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As used in this exclusion, electronic data

means information, facts or programs

stored as or on, created or used on, or

transmitted to or from computer software, including systems and applications

software, hard or floppy disks, CD-ROMs,

tapes, drives, cells, data processing devices or any other media which are used

with electronically controlled equipment.

q. Recording And Distribution Of Material

Or Information In Violation Of Law

"Bodily injury" or "property damage"

arising directly or indirectly out of any

action or omission that violates or is alleged to violate:

(1) The Telephone Consumer Protection

Act (TCPA), including any amendment of or addition to such law;

(2) The CAN-SPAM Act of 2003, including any amendment of or addition to

such law;

(3) The Fair Credit Reporting Act

(FCRA), and any amendment of or

addition to such law, including the

Fair and Accurate Credit Transactions Act (FACTA); or

(4) Any federal, state or local statute,

ordinance or regulation, other than

the TCPA, CAN-SPAM Act of 2003 or

FCRA and their amendments and

additions, that addresses, prohibits,

or limits the printing, dissemination,

disposal, collecting, recording,

sending, transmitting, communicating or distribution of material or information.

Exclusions c. through n. do not apply to damage by fire to premises while rented to you

or temporarily occupied by you with permission of the owner. A separate limit of insurance applies to this coverage as described in

Section III - Limits Of Insurance.

COVERAGE B - PERSONAL AND ADVERTISING

INJURY LIABILITY

1. Insuring Agreement

a. We will pay those sums that the insured

becomes legally obligated to pay as

damages because of "personal and advertising injury" to which this insurance

applies. We will have the right and duty

to defend the insured against any "suit"

seeking those damages. However, we

will have no duty to defend the insured

against any "suit" seeking damages for

"personal and advertising injury" to

which this insurance does not apply. We

may at our discretion investigate any offense and settle any claim or "suit" that

may result. But:

(1) The amount we will pay for damages

is limited as described in Section III

- Limits Of Insurance; and

(2) Our right and duty to defend end

when we have used up the applicable limit of insurance in the payment

of judgments or settlements under

Coverages A or B or medical expenses under Coverage C.

No other obligation or liability to pay

sums or perform acts or services is covered unless explicitly provided for under

Supplementary Payments - Coverages A

and B.

b. This insurance applies to "personal and

advertising injury" caused by an offense

arising out of your business but only if

the offense was committed in the "coverage territory" during the policy period.

2. Exclusions

This insurance does not apply to:

a. Knowing Violation Of Rights Of Another

"Personal and advertising injury" caused

by or at the direction of the insured with

the knowledge that the act would violate

the rights of another and would inflict

"personal and advertising injury".

b. Material Published With Knowledge Of

Falsity

"Personal and advertising injury" arising

out of oral or written publication, in any

manner, of material, if done by or at the

direction of the insured with knowledge

of its falsity.

c. Material Published Prior To Policy Period

"Personal and advertising injury" arising

out of oral or written publication, in any

manner, of material whose first publication took place before the beginning of

the policy period.

d. Criminal Acts

"Personal and advertising injury" arising

out of a criminal act committed by or at

the direction of the insured.

e. Contractual Liability

"Personal and advertising injury" for

which the insured has assumed liability

in a contract or agreement. This exclusion does not apply to liability for damages that the insured would have in the

absence of the contract or agreement.

f. Breach Of Contract

"Personal and advertising injury" arising

out of a breach of contract, except an

implied contract to use another's advertising idea in your "advertisement".

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g. Quality Or Performance Of Goods - Failure To Conform To Statements

"Personal and advertising injury" arising

out of the failure of goods, products or

services to conform with any statement

of quality or performance made in your

"advertisement".

h. Wrong Description Of Prices

"Personal and advertising injury" arising

out of the wrong description of the price

of goods, products or services stated in

your "advertisement".

i. Infringement Of Copyright, Patent,

Trademark Or Trade Secret

"Personal and advertising injury" arising

out of the infringement of copyright, patent, trademark, trade secret or other intellectual property rights. Under this

exclusion, such other intellectual property rights do not include the use of another's advertising idea in your

"advertisement".

However, this exclusion does not apply

to infringement, in your "advertisement",

of copyright, trade dress or slogan.

j. Insureds In Media And Internet Type

Businesses

"Personal and advertising injury" committed by an insured whose business is:

(1) Advertising, broadcasting, publishing or telecasting;

(2) Designing or determining content of

websites for others; or

(3) An Internet search, access, content

or service provider.

However, this exclusion does not apply

to Paragraphs 14.a., b. and c. of "personal and advertising injury" under the

Definitions section.

For the purposes of this exclusion, the

placing of frames, borders or links, or

advertising, for you or others anywhere

on the Internet, is not by itself, considered the business of advertising, broadcasting, publishing or telecasting.

k. Electronic Chatrooms Or Bulletin Boards

"Personal and advertising injury" arising

out of an electronic chatroom or bulletin

board the insured hosts, owns, or over

which the insured exercises control.

l. Unauthorized Use Of Another's Name Or

Product

"Personal and advertising injury" arising

out of the unauthorized use of another's

name or product in your e-mail address,

domain name or metatag, or any other

similar tactics to mislead another's potential customers.

m. Pollution

"Personal and advertising injury" arising

out of the actual, alleged or threatened

discharge, dispersal, seepage, migration,

release or escape of "pollutants" at any

time.

n. Pollution - related

Any loss, cost or expense arising out of

any:

(1) Request, demand, order or statutory

or regulatory requirement that any

insured or others test for, monitor,

clean up, remove, contain, treat,

detoxify or neutralize, or in any way

respond to, or assess the effects of,

"pollutants"; or

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

governmental authority for damages

because of testing for, monitoring,

cleaning up, removing, containing,

treating, detoxifying or neutralizing,

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

o. War

"Personal and advertising injury", however caused, arising, directly or indirectly, out of:

(1) War, including undeclared or civil

war;

(2) Warlike action by a military force,

including action in hindering or defending against an actual or expected attack, by any government,

sovereign or other authority using

military personnel or other agents;

or

(3) Insurrection, rebellion, revolution,

usurped power, or action taken by

governmental authority in hindering

or defending against any of these.

p. Recording And Distribution Of Material

Or Information In Violation Of Law

"Personal and advertising injury" arising

directly or indirectly out of any action or

omission that violates or is alleged to violate:

(1) The Telephone Consumer Protection Act (TCPA), including any

amendment of or addition to such

law;

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

to such law;

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(3) The Fair Credit Reporting Act

(FCRA), and any amendment of or

addition to such law, including the

Fair and Accurate Credit Transactions Act (FACTA); or

(4) Any federal, state or local statute,

ordinance or regulation, other than

the TCPA, CAN-SPAM Act of 2003

or FCRA and their amendments and

additions, that addresses, prohibits,

or limits the printing, dissemination, disposal, collecting, recording, sending, transmitting,

communicating or distribution of

material or information.

COVERAGE C - MEDICAL PAYMENTS

1. Insuring Agreement

a. We will pay medical expenses as described below for "bodily injury" caused

by an accident:

(1) On premises you own or rent;

(2) On ways next to premises you own

or rent; or

(3) Because of your operations;

provided that:

(a) The accident takes place in the

"coverage territory" and during

the policy period;

(b) The expenses are incurred and

reported to us within one year

of the date of the accident; and

(c) The injured person submits to

examination, at our expense, by

physicians of our choice as often as we reasonably require.

b. We will make these payments regardless

of fault. These payments will not exceed

the applicable limit of insurance. We will

pay reasonable expenses for:

(1) First aid administered at the time of

an accident;

(2) Necessary medical, surgical, X-ray

and dental services, including prosthetic devices; and

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

2. Exclusions

We will not pay expenses for "bodily injury:"

a. Any insured

To any insured, except "volunteer workers".

b. Hired Person

To a person hired to do work for or on

behalf of any insured or a tenant of any

insured.

c. Injury On Normally Occupied Premises

To a person injured on that part of

premises you own or rent that the person

normally occupies.

d. Workers' Compensation And Similar

Laws

To a person, whether or not an "employee" of any insured, if benefits for the

"bodily injury" are payable or must be

provided under a workers' compensation

or disability benefits law or a similar law.

e. Athletics Activities

To a person injured while practicing, instructing or particpating in any physical

exercises or games, sports or athletic

contests.

f. Products - Completed Operations Hazard

Included within the "products-completed

operations hazard."

g. Coverage A Exclusions

Excluded under Coverage A.

SUPPLEMENTARY PAYMENTS - COVERAGES A

AND B

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

insured we defend:

a. All expenses we incur.

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

because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability

Coverage applies. We do not have to

furnish these bonds.

c. The cost of bonds to release attachments, but only for bond amounts within

the applicable limit of insurance. We do

not have to furnish these bonds.

d. All reasonable expenses incurred by the

insured at our request to assist us in the

investigation or defense of the claim or

"suit," including actual loss of earnings

up to $250 a day because of time off from

work.

e. All court costs taxed against the insured

in the "suit." However, these payments

do not include attorneys' fees or attorneys' expenses taxed against the insured.

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f. Prejudgment interest awarded against

the insured on that part of the judgment

we pay. If we make an offer to pay the

applicable limit of insurance, we will not

pay any prejudgment interest based on

that period of time after the offer.

g. All interest on the full amount of any

judgment that accrues after entry of the

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

part of the judgment that is within the

applicable limit of insurance.

These payments will not reduce the limits of

insurance.

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

an indemnitee of the insured is also named

as a party to the "suit", we will defend that

indemnitee if all of the following conditions

are met:

a. The "suit" against the indemnitee seeks

damages for which the insured has assumed the liability of the indemnitee in a

contract or agreement that is an "insured

contract";

b. This insurance applies to such liability

assumed by the insured;

c. The obligation to defend, or the cost of

the defense of, that indemnitee, has also

been assumed by the insured in the

same "insured contract";

d. The allegations in the "suit" and the information we know about the "occurrence" are such that no conflict appears

to exist between the interests of the insured and the interests of the

indemnitee;

e. The indemnitee and the insured ask us

to conduct and control the defense of that

indemnitee against such "suit" and agree

that we can assign the same counsel to

defend the insured and the indemnitee;

and

f. The indemnitee:

(1) Agrees in writing to:

(a) Cooperate with us in the investigation, settlement or defense

of the "suit";

(b) Immediately send us copies of

any demands, notices,

summonses or legal papers received in connection with the

"suit";

(c) Notify any other insurer whose

coverage is available to the

indemnitee; and

(d) Cooperate with us with respect

to coordinating other applicable

insurance available to the

indemnitee; and

(2) Provides us with written authorization to:

(a) Obtain records and other information related to the "suit"; and

(b) Conduct and control the defense

of the indemnitee in such "suit".

So long as the above conditions are met,

attorneys' fees incurred by us in the defense of that indemnitee, necessary litigation expenses incurred by us and

necessary litigation expenses incurred

by the indemnitee at our request will be

paid as Supplementary Payments.

Notwithstanding the provisions of Paragraph 2.b.(2) of Section I Coverage A -

Bodily Injury And Property Damage Liability, such payments will not be

deemed to be damages for "bodily injury" and "property damage" and will not

reduce the limits of insurance.

Our obligation to defend an insured's

indemnitee and to pay for attorneys' fees

and necessary litigation expenses as

Supplementary Payments ends when we

have used up the applicable limit of insurance in the payment of judgments or

settlements or the conditions set forth

above, or the terms of the agreement

described in Paragraph f. above, are no

longer met.

SECTION II - WHO IS AN INSURED

1. If you are designated in the Declarations as:

a. An individual, you and your spouse are

insureds, but only with respect to the

conduct of a business of which you are

the sole owner.

b. A partnership or joint venture, you are

an insured. Your members, your partners, and their spouses are also insureds, but only with respect to the

conduct of your business.

c. A limited liability company, you are an

insured. Your members are also insureds, but only with respect to the conduct of your business. Your managers

are insureds, but only with respect to

their duties as your managers.

d. An organization other than a partnership,

joint venture or limited liability company,

you are an insured. Your "executive officers" and directors are insureds, but

only with respect to their duties as your

officers or directors. Your stockholders

are also insureds, but only with respect

to their liability as stockholders.

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e. A trust, you are an insured. Your trustees are also insureds, but only with respect to their duties as trustees.

2. Each of the following is also an insured:

a. Your "volunteer workers" only while performing duties related to the conduct of

your business, or your "employees",

other than either your "executive officers" (if you are an organization other

than a partnership, joint venture or limited liability company) or your managers

(if you are a limited liability company),

but only for acts within the scope of their

employment by you or while performing

duties related to the conduct of your

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

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

(a) To you, to your partners or

members (if you are a partnership or joint venture), to your

members (if you are a limited

liability company), to a co-

"employee" while in the course

of his or her employment or

performing duties related to the

conduct of your business or to

your other "volunteer workers"

while performing duties related

to the conduct of your business;

(b) To the spouse, child, parent,

brother or sister of that co-

"employee" or "volunteer

worker" as a consequence of

Paragraph (1) (a) above;

(c) For which there is any obligation

to share damages with or repay

someone else who must pay

damages because of the injury

described in Paragraph (1) (a)

or (b) above; or

(d) Arising out of his or her providing or failing to provide professional health care services.

(2) "Property damage" to property:

(a) Owned, occupied or used by;

(b) Rented to, in the care, custody

or control of, or over which

physical control is being exercised for any purpose by;

you, any of your "employees", "volunteer workers", any partner or

member (if you are a partnership or

joint venture), or any member (if you

are a limited liability company).

b. Any person (other than your "employee"

or "volunteer worker), or any organization while acting as your real estate

manager.

c. Any person or organization having

proper temporary custody of your property if you die, but only:

(1) With respect to liability arising out

of the maintenance or use of that

property; and

(2) Until your legal representative has

been appointed.

d. Your legal representative if you die, but

only with respect to duties as such. That

representative will have all your rights

and duties under this Coverage Part.

3. Any organization you newly acquire or form,

other than a partnership, joint venture or limited liability company, and over which you

maintain ownership or majority interest, will

qualify as a Named Insured if there is no

other similar insurance available to that organization. However:

a. Coverage under this provision is afforded

only until the 90th day after you acquire

or form the organization or the end of the

policy period, whichever is earlier;

b. Coverage A does not apply to "bodily injury" or "property damage" that occurred

before you acquired or formed the organization; and

c. Coverage B does not apply to "personal

and advertising injury" arising out of an

offense committed before you acquired

or formed the organization.

No person or organization is an insured with respect to the conduct of any current or past partnership, joint venture or limited liability company

that is not shown as a Named Insured in the Declarations.

SECTION III - LIMITS OF INSURANCE

1. The Limits of Insurance shown in the Declarations and the rules below fix the most we

will pay regardless of the number of:

a. Insureds;

b. Claims made or "suits" brought; or

c. Persons or organizations making claims

or bringing "suits."

2. The General Aggregate Limit is the most we

will pay for the sum of:

a. Medical expenses under Coverage C;

b. Damages under Coverage A, except

damages because of "bodily injury" or

"property damage" included in the

"products-completed operations hazard;"

and

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c. Damages under Coverage B.

3. The Products-Completed Operations Aggregate Limit is the most we will pay under

Coverage A for damages because of "bodily

injury" and "property damage" included in the

"products-completed operations hazard."

4. Subject to Paragraph 2. above, the Personal

And Advertising Injury Limit is the most we

will pay under Coverage B for the sum of all

damages because of all "personal and advertising injury" sustained by any one person

or organization.

5. Subject to Paragraph 2. or 3. above, whichever applies, the Each Occurrence Limit is

the most we will pay for the sum of:

a. Damages under Coverage A; and

b. Medical expenses under Coverage C

because of all "bodily injury" and "property

damage" arising out of any one "occurrence."

6. Subject to Paragraph 5. above, the Damage

To Premises Rented To You Limit is the most

we will pay under Coverage A for damages

because of "property damage" to any one

premises, while rented to you, or in the case

of damage by fire, while rented to you or

temporarily occupied by you with permission

of the owner.

7. Subject to Paragraph 5. above, the Medical

Expense Limit is the most we will pay under

Coverage C for all medical expenses because

of "bodily injury" sustained by any one person.

The Limits of Insurance of this Coverage Part apply separately to each consecutive annual period

and to any remaining period of less than 12

months, starting with the beginning of the policy

period shown in the Declarations, unless the policy period is extended after issuance for an additional period of less than 12 months. In that case,

the additional period will be deemed part of the

last preceding period for purposes of determining

the Limits of Insurance.

SECTION IV - COMMERCIAL GENERAL LIABILITY

CONDITIONS

1. Bankruptcy

Bankruptcy or insolvency of the insured or of

the insured's estate will not relieve us of our

obligations under this Coverage Part.

2. Duties In The Event Of Occurrence, Offense,

Claim Or Suit

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

soon as practicable of an "occurrence"

or an offense which may result in a

claim. To the extent possible, notice

should include:

(1) How, when and where the "occurrence" or offense took place;

(2) The names and addresses of any injured persons and witnesses; and

(3) The nature and location of any injury

or damage arising out of the "occurrence" or offense.

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

against any insured, you must:

(1) Immediately record the specifics of

the claim or "suit" and the date received; and

(2) Notify us as soon as practicable.

You must see to it that we receive written

notice of the claim or "suit" as soon as

practicable.

c. You and any other involved insured must:

(1) Immediately send us copies of any

demands, notices, summonses or

legal papers received in connection

with the claim or "suit;"

(2) Authorize us to obtain records and

other information;

(3) Cooperate with us in the investigation or settlement of the claim or

defense against the "suit"; and

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

enforcement of any right against any

person or organization which may

be liable to the insured because of

injury or damage to which this insurance may also apply.

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

own cost, voluntarily make a payment,

assume any obligation, or incur any expense, other than for first aid, without our

consent.

3. Legal Action Against Us

No person or organization has a right under

this Coverage Part:

a. To join us as a party or otherwise bring

us into a "suit" asking for damages from

an insured; or

b. To sue us on this Coverage Part unless

all of its terms have been fully complied

with.

A person or organization may sue us to recover on an agreed settlement or on a final

judgment against an insured; but we will not

be liable for damages that are not payable

under the terms of this Coverage Part or that

are in excess of the applicable limit of insurance. An agreed settlement means a settlement and release of liability signed by us, the

insured and the claimant or the claimant's

legal representative.

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4. Other Insurance

If other valid and collectible insurance is

available to the insured for a loss we cover

under Coverages A or B of this Coverage

Part, our obligations are limited as follows:

a. Primary Insurance

This insurance is primary except when

Paragraph b. below applies. If this insurance is primary, our obligations are

not affected unless any of the other insurance is also primary. Then, we will

share with all that other insurance by the

method described in Paragraph c. below.

b. Excess Insurance

(1) This insurance is excess over:

(a) Any of the other insurance,

whether primary, excess, contingent or on any other basis:

(i) That is Fire, Extended Coverage, Builder's Risk, Installation Risk or similar

coverage for "your work;"

(ii) That is Fire insurance for

premises rented to you or

temporarily occupied by

you with permission of the

owner;

(iii) That is insurance purchased by you to cover your

liability as a tenant for

"property damage" to

premises rented to you or

temporarily occupied by

you with permission of the

owner; or

(iv) If the loss arises out of the

maintenance or use of aircraft, "autos" or watercraft

to the extent not subject to

Exclusion g. of Section I -

Coverage A - Bodily Injury

And Property Damage Liability.

(b) Any other primary insurance

available to you covering liability for damages arising out of

the premises or operations, or

the products and completed operations, for which you have

been added as an additional insured.

(2) When this insurance is excess, we

will have no duty under Coverages

A or B to defend the insured against

any "suit" if any other insurer has a

duty to defend the insured against

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

but we will be entitled to the insured's rights against all those other

insurers.

(3) When this insurance is excess over

other insurance, we will pay only our

share of the amount of the loss, if

any, that exceeds the sum of:

(a) The total amount that all such

other insurance would pay for

the loss in the absence of this

insurance; and

(b) The total of all deductible and

self-insured amounts under all

that other insurance.

(4) We will share the remaining loss, if

any, with any other insurance that is

not described in this Excess Insurance provision and was not bought

specifically to apply in excess of the

Limits of Insurance shown in the

Declarations of this Coverage Part.

c. Method Of Sharing

If all of the other insurance permits contribution by equal shares, we will follow

this method also. Under this approach

each insurer contributes equal amounts

until it has paid its applicable limit of insurance or none of the loss remains,

whichever comes first.

If any of the other insurance does not

permit contribution by equal shares, we

will contribute by limits. Under this

method, each insurer's share is based

on the ratio of its applicable limit of insurance to the total applicable limits of

insurance of all insurers.

5. Premium Audit

a. We will compute all premiums for this

Coverage Part in accordance with our

rules and rates.

b. Premium shown in this Coverage Part as

advance premium is a deposit premium

only. At the close of each audit period

we will compute the earned premium for

that period and send notice to the first

Named Insured. The due date for audit

and retrospective premiums is the date

shown as the due date on the bill. If the

sum of the advance and audit premiums

paid for the policy period is greater than

the earned premium, we will return the

excess to the first Named Insured.

c. The first Named Insured must keep records of the information we need for

premium computation, and send us

copies at such times as we may request.

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6. Representations

By accepting this policy, you agree:

a. The statements in the Declarations are

accurate and complete;

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

c. We have issued this policy in reliance

upon your representations.

7. Separation Of Insureds

Except with respect to the Limits of Insurance,

and any rights or duties specifically assigned

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

a. As if each Named Insured were the only

Named Insured; and

b. Separately to each insured against whom

claim is made or "suit" is brought.

8. Transfer Of Rights Of Recovery Against Others To Us

If the insured has rights to recover all or part

of any payment we have made under this

Coverage Part, those rights are transferred to

us. The insured must do nothing after loss to

impair them. At our request, the insured will

bring "suit" or transfer those rights to us and

help us enforce them.

9. When We Do Not Renew

If we decide not to renew this Coverage Part,

we will mail or deliver to the first Named Insured shown in the Declarations written notice of the nonrenewal not less than 30 days

before the expiration date.

If notice is mailed, proof of mailing will be

sufficient proof of notice.

SECTION V - DEFINITIONS

1. "Advertisement" means a notice that is

broadcast or published to the general public

or specific market segments about your

goods, products or services for the purpose

of attracting customers or supporters. For the

purposes of this definition:

a. Notices that are published include material placed on the Internet or on similar

electronic means of communication; and

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

web-site that is about your goods, products or services for the purposes of attracting customers or supporters is

considered an advertisement.

2. "Auto" means:

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

roads, including any attached machinery

or equipment; or

b. Any other land vehicle that is subject to

a compulsory or financial responsibility

law or other motor vehicle insurance law

where it is licensed or principally garaged.

However, "auto" does not include "mobile

equipment".

3. "Bodily injury" means bodily injury, sickness

or disease sustained by a person, including

death resulting from any of these at any time.

4. "Coverage territory" means:

a. The United States of America (including

its territories and possessions), Puerto

Rico and Canada;

b. International waters or airspace, but only

if the injury or damage occurs in the

course of travel or transportation between any places included in Paragraph

a. above; or

c. All other parts of the world if the injury

or damage arises out of:

(1) Goods or products made or sold by

you in the territory described in Paragraph a. above; or

(2) The activities of a person whose

home is in the territory described in

Paragraph a. above, but is away for

a short time on your business; or

(3) "Personal and advertising injury" offenses that take place through the

Internet or similar electronic means

of communication;

provided the insured's responsibility to pay

damages is determined in a "suit" on the

merits, in the territory described in Paragraph

a. above or in a settlement we agree to.

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

"Employee" does not include a "temporary

worker".

6. "Executive officer" means a person holding

any of the officer positions created by your

charter, constitution, by-laws or any other

similar governing document.

7. "Hostile fire" means one which becomes uncontrollable or breaks out from where it was

intended to be.

8. "Impaired property" means tangible property,

other than "your product" or "your work," that

cannot be used or is less useful because:

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a. It incorporates "your product" or "your

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

b. You have failed to fulfill the terms of a

contract or agreement;

if such property can be restored to use by the

repair, replacement, adjustment or removal

of "your product" or "your work" or your fulfilling the terms of the contract or agreement.

9. "Insured contract" means:

a. A contract for a lease of premises.

However, that portion of the contract for

a lease of premises that indemnifies any

person or organization for damage by

fire to premises while rented to you or

temporarily occupied by you with permission of the owner is not an "insured

contract";

b. A sidetrack agreement;

c. Any easement or license agreement, except in connection with construction or

demolition operations on or within 50 feet

of a railroad;

d. An obligation, as required by ordinance,

to indemnify a municipality, except in

connection with work for a municipality;

e. An elevator maintenance agreement;

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

municipality in connection with work

performed for a municipality) under

which you assume the tort liability of another party to pay for "bodily injury" or

"property damage" to a third person or

organization. Tort liability means a liability that would be imposed by law in

the absence of any contract or agreement.

Paragraph f. does not include that part

of any contract or agreement:

(1) That indemnifies a railroad for "bodily injury" or "property damage"

arising out of construction or demolition operations, within 50 feet of

any railroad property and affecting

any railroad bridge or trestle, tracks,

road-beds, tunnel, underpass or

crossing;

(2) That indemnifies an architect, engineer or surveyor for injury or damage arising out of:

(a) Preparing, approving, or failing

to prepare or approve, maps,

shop drawings, opinions, reports, surveys, field orders,

change orders or drawings and

specifications; or

(b) Giving directions or instructions,

or failing to give them, if that is

the primary cause of the injury

or damage; or

(3) Under which the insured, if an architect, engineer or surveyor, assumes

liability for an injury or damage

arising out of the insured's rendering or failure to render professional

services, including those listed in (2)

above and supervisory, inspection,

architectural or engineering activities.

10. "Leased worker" means a person leased to

you by a labor leasing firm under an agreement between you and the labor leasing firm,

to perform duties related to the conduct of

your business. "Leased worker" does not include a "temporary worker".

11. "Loading or unloading" means the handling

of property:

a. After it is moved from the place where it

is accepted for movement into or onto an

aircraft, watercraft or "auto;"

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

or "auto;" or

c. While it is being moved from an aircraft,

watercraft or "auto" to the place where it

is finally delivered;

but "loading or unloading" does not include

the movement of property by means of a mechanical device, other than a hand truck, that

is not attached to the aircraft, watercraft or

"auto."

12. "Mobile equipment" means any of the following types of land vehicles, including any attached machinery or equipment:

a. Bulldozers, farm machinery, forklifts and

other vehicles designed for use principally off public roads;

b. Vehicles maintained for use solely on or

next to premises you own or rent;

c. Vehicles that travel on crawler treads;

d. Vehicles, whether self-propelled or not,

maintained primarily to provide mobility

to permanently mounted:

(1) Power cranes, shovels, loaders,

diggers or drills; or

(2) Road construction or resurfacing

equipment such as graders,

scrapers or rollers;

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e. Vehicles not described in Paragraph a.,

b., c. or d. above that are not selfpropelled and are maintained primarily

to provide mobility to permanently attached equipment of the following types:

(1) Air compressors, pumps and generators, including spraying, welding,

building cleaning, geophysical exploration, lighting and well servicing

equipment; or

(2) Cherry pickers and similar devices

used to raise or lower workers;

f. Vehicles not described in Paragraph a.,

b., c. or d. above maintained primarily

for purposes other than the transportation of persons or cargo.

However, self-propelled vehicles with the

following types of permanently attached

equipment are not "mobile equipment"

but will be considered "autos:"

(1) Equipment designed primarily for:

(a) Snow removal;

(b) Road maintenance, but not construction or resurfacing; or

(c) Street cleaning;

(2) Cherry pickers and similar devices

mounted on automobile or truck

chassis and used to raise or lower

workers; and

(3) Air compressors, pumps and generators, including spraying, welding,

building cleaning, geophysical exploration, lighting and well servicing

equipment.

However, "mobile equipment" does not include any land vehicles that are subject to a

compulsory or financial responsibility law or

other motor vehicle insurance law where it is

licensed or principally garaged. Land vehicles subject to a compulsory or financial responsibility law or other motor vehicle

insurance law are considered "autos".

13. "Occurrence" means an accident, including

continuous or repeated exposure to substantially the same general harmful conditions.

14. "Personal and advertising injury" means injury, including consequential "bodily injury",

arising out of one or more of the following

offenses:

a. False arrest, detention or imprisonment;

b. Malicious prosecution;

c. The wrongful eviction from, wrongful

entry into, or invasion of the right of private occupancy of a room, dwelling or

premises that a person occupies, committed by or on behalf of its owner, landlord or lessor;

d. Oral or written publication, in any manner, of material that slanders or libels a

person or organization or disparages a

person's or organization's goods, products or services;

e. Oral or written publication, in any manner, of material that violates a person's

right of privacy;

f. The use of another's advertising idea in

your "advertisement"; or

g. Infringing upon another's copyright, trade

dress or slogan in your "advertisement".

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

or thermal irritant or contaminant, including

smoke, vapor, soot, fumes, acids, alkalis,

chemicals and waste. Waste includes materials to be recycled, reconditioned or reclaimed.

16. "Products-completed operations hazard":

a. Includes all "bodily injury" and "property

damage" occurring away from premises

you own or rent and arising out of "your

product" or "your work" except:

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

(2) Work that has not yet been completed or abandoned. However,

"your work" will be deemed completed at the earliest of the following

times:

(a) When all of the work called for

in your contract has been completed.

(b) When all of the work to be done

at the job site has been completed if your contract calls for

work at more than one job site.

(c) When that part of the work done

at a job site has been put to its

intended use by any person or

organization other than another

contractor or subcontractor

working on the same project.

Work that may need service, maintenance, correction, repair or replacement, but which is otherwise

complete, will be treated as completed.

b. Does not include "bodily injury" or

"property damage" arising out of:

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(1) The transportation of property, unless the injury or damage arises out

of a condition in or on a vehicle not

owned or operated by you, and that

condition was created by the "loading or unloading" of that vehicle by

any insured;

(2) The existence of tools, uninstalled

equipment or abandoned or unused

materials; or

(3) Products or operations for which the

classification, listed in the Declarations or in a policy Schedule, states

that products - completed operations

are subject to the General Aggregate Limit.

17. "Property damage" means:

a. Physical injury to tangible property, including all resulting loss of use of that

property. All such loss of use shall be

deemed to occur at the time of the physical injury that caused it; or

b. Loss of use of tangible property that is

not physically injured. All such loss of

use shall be deemed to occur at the time

of the "occurrence" that caused it.

For the purposes of this insurance, electronic

data is not tangible property.

As used in this definition, electronic data

means information, facts or programs stored

as or on, created or used on, or transmitted

to or from computer software, including systems and applications software, hard or

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

data processing devices or any other media

which are used with electronically controlled

equipment.

18. "Suit" means a civil proceeding in which

damages because of "bodily injury", "property damage" or "personal and advertising

injury" to which this insurance applies are

alleged. "Suit" includes:

a. An arbitration proceeding in which such

damages are claimed and to which the

insured must submit or does submit with

our consent; or

b. Any other alternative dispute resolution

proceeding in which such damages are

claimed and to which the insured submits with our consent.

19. "Temporary worker" means a person who is

furnished to you to substitute for a permanent

"employee" on leave or to meet seasonal or

short-term workload conditions.

20. "Volunteer worker" means a person who is

not your "employee", and who donates his or

her work and acts at the direction of and

within the scope of duties determined by you,

and is not paid a fee, salary or other compensation by you or anyone else for their

work performed for you.

21. "Your product":

a. Means:

(1) Any goods or products, other than

real property, manufactured, sold,

handled, distributed or disposed of

by:

(a) You;

(b) Others trading under your

name; or

(c) A person or organization whose

business or assets you have

acquired; and

(2) Containers (other than vehicles),

materials, parts or equipment furnished in connection with such

goods or products.

b. Includes:

(1) Warranties or representations made

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

(2) The providing of or failure to provide

warnings or instructions.

c. Does not include vending machines or

other property rented to or located for

the use of others but not sold.

22. "Your work":

a. Means:

(1) Work or operations performed by

you or on your behalf; and

(2) Materials, parts or equipment furnished in connection with such work

or operations.

b. Includes:

(1) Warranties or representations made

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

(2) The providing of or failure to provide

warnings or instructions.

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INTERLINE

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

NUCLEAR ENERGY LIABILITY EXCLUSION

ENDORSEMENT

(Broad Form)

This endorsement modifies insurance provided under the following:

COMMERCIAL AUTO MOBILE COVERAGE PART

COMMERCIAL GENERAL LIABILITY COVERAGE PART

FARM COVERAGE PART

LIQUOR LIABILITY COVERAGE PART

MEDICAL PROFESSIONAL LIABILITY COVERAGE PART

OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART

POLLUTION LIABILITY COVERAGE PART

PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART

RAILROAD PROTECTIVE LIABILITY COVERAGE PART

UNDERGROUND STORAGE TANK POLICY

1. The insurance does not apply:

A. Under any Liability Coverage, to "bodily

injury" or "property damage:"

(1) With respect to which an "insured"

under the policy is also an insured

under a nuclear energy liability policy issued by Nuclear Energy Liability Insurance Association, Mutual

Atomic Energy Liability Underwriters, Nuclear Insurance Association

of Canada or any of their successors, or would be an insured under

any such policy but for its termination upon exhaustion of its limit of

liability; or

(2) Resulting from the "hazardous properties" of "nuclear material" and with

respect to which (a) any person or

organization is required to maintain

financial protection pursuant to the

Atomic Energy Act of 1954, or any

law amendatory thereof, or (b) the

"insured" is, or had this policy not

been issued would be, entitled to

indemnity from the United States of

America, or any agency thereof, under any agreement entered into by

the United States of America, or any

agency thereof, with any person or

organization.

B. Under any Medical Payments coverage,

to expenses incurred with respect to

"bodily injury" resulting from the "hazardous properties" of "nuclear material"

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

C. Under any Liability Coverage, to "bodily

injury" or "property damage" resulting

from "hazardous properties" of "nuclear

material", if:

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

"nuclear facility" owned by, or operated by or on behalf of, an "insured"

or (b) has been discharged or dispersed therefrom;

(2) The "nuclear material" is contained

in "spent fuel" or "waste" at any time

possessed, handled, used, processed, stored, transported or disposed of, by or on behalf of an

"insured;" or

(3) The "bodily injury" or "property

damage" arises out of the furnishing

by an "insured" of services, materials, parts or equipment in connection with the planning,

construction, maintenance, operation or use of any "nuclear facility,"

but if such facility is located within

the United States of America, its territories or possessions or Canada,

this exclusion (3) applies only to

"property damage" to such "nuclear

facility" and any property thereat.

2. As used in this endorsement:

"Hazardous properties" includes radioactive,

toxic or explosive properties.

"Nuclear material" means "source material,"

"special nuclear material" or "by-product

material."

© ISO Properties, Inc., 2007 IL 00 21 09 08

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"Source material," "special nuclear material,"

and "by-product material" have the meanings

given them in the Atomic Energy Act of 1954

or in any law amendatory thereof.

"Spent fuel" means any fuel element or fuel

component, solid or liquid, which has been

used or exposed to radiation in a "nuclear

reactor."

"Waste" means any waste material (a) containing "by-product material" other than the

tailings or wastes produced by the extraction

or concentration of uranium or thorium from

any ore processed primarily for its "source

material" content, and (b) resulting from the

operation by any person or organization of

any "nuclear facility" included under the first

two paragraphs of the definition of "nuclear

facility."

"Nuclear facility" means:

(a) Any "nuclear reactor;"

(b) Any equipment or device designed or

used for (1) separating the isotopes of

uranium or plutonium, (2) processing or

utilizing "spent fuel," or (3) handling,

processing or packaging "waste;"

(c) Any equipment or device used for the

processing, fabricating or alloying of

"special nuclear material" if at any time

the total amount of such material in the

custody of the "insured" at the premises

where such equipment or device is located consists of or contains more than

25 grams of plutonium or uranium 233 or

any combination thereof, or more than

250 grams of uranium 235;

(d) Any structure, basin, excavation, premises or place prepared or used for the

storage or disposal of "waste;"

and includes the site on which any of the

foregoing is located, all operations conducted

on such site and all premises used for such

operations.

"Nuclear reactor" means any apparatus designed or used to sustain nuclear fission in a

self-supporting chain reaction or to contain a

critical mass of fissionable material.

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

IL 00 21 09 08

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POLICY NUMBER: COMMERCIAL GENERAL LIABILITY

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

DESIGNATED CONSTRUCTION PROJECT(S)

GENERAL AGGREGATE LIMIT

This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

SCHEDULE

Designated Construction Projects:

All Projects

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

CWP 7928998

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

"occurrences" under Section I - Coverage A

and for all medical expenses caused by accidents under Section I - Coverage C, which

can be attributed only to ongoing operations

at a single designated construction project

shown in the Schedule above:

1. A separate Designated Construction

Project General Aggregate Limit applies

to each designated construction project,

and that limit is equal to the amount of

the General Aggregate Limit shown in

the Declarations.

2. The Designated Construction Project

General Aggregate Limit is the most we

will pay for the sum of all damages under

Coverage A, except damages because

of "bodily injury" or "property damage"

included in the "products-completed operations hazard", and for medical expenses under Coverage C regardless of

the number of:

a. Insureds;

b. Claims made or "suits" brought; or

c. Persons or organizations making

claims or bringing "suits".

3. Any payments made under Coverage A

for damages or under Coverage C for

medical expenses shall reduce the Designated Construction Project General

Aggregate Limit for that designated construction project. Such payments shall

not reduce the General Aggregate Limit

shown in the Declarations nor shall they

reduce any other Designated Construction Project General Aggregate

Limit for any other designated construction project shown in the Schedule

above.

4. The limits shown in the Declarations for

Each Occurrence, Damage To Premises

Rented To You and Medical Expense

continue to apply. However, instead of

being subject to the General Aggregate

Limit shown in the Declarations, such

limits will be subject to the applicable

Designated Construction Project General

Aggregate Limit.

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

"occurrences" under Section I - Coverage A

and for all medical expenses caused by accidents under Section I - Coverage C, which

cannot be attributed only to ongoing operations at a single designated construction

project shown in the Schedule above:

1. Any payments made under Coverage A

for damages or under Coverage C for

medical expenses shall reduce the

amount available under the General Aggregate Limit or the Products-Completed

Operations Aggregate Limit, whichever

is applicable; and

2. Such payments shall not reduce any

Designated Construction Project General

Aggregate Limit.

© Insurance Services Office, Inc., 2008 CG 25 03 05 09

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C. When coverage for liability arising out of the

"products-completed operations hazard" is

provided, any payments for damages because of "bodily injury" or "property damage"

included in the "products-completed operations hazard" will reduce the Productscompleted Operations Aggregate Limit, and

not reduce the General Aggregate Limit nor

the Designated Construction Project General

Aggregate Limit.

D. If the applicable designated construction

project has been abandoned, delayed, or

abandoned and then restarted, or if the authorized contracting parties deviate from

plans, blueprints, designs, specifications or

timetables, the project will still be deemed to

be the same construction project.

E. The provisions of Section - III Limits of Insurance not otherwise modified by this endorsement shall continue to apply as stipulated.

CG 25 03 05 09

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POLICY NUMBER: COMMERCIAL GENERAL LIABILITY

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

DESIGNATED LOCATION(S) GENERAL AGGREGATE LIMIT

This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

SCHEDULE

Designated Location(s):

All rented, owned and occupied locations other than construction projects.

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

CWP 7928998

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

"occurrences" under Section I - Coverage A

and for all medical expenses caused by accidents under Section I - Coverage C, which

can be attributed only to operations at a single designated "location" shown in the

Schedule above:

1. A separate Designated Location General

Aggregate Limit applies to each designated "location", and that limit is equal

to the amount of the General Aggregate

Limit shown in the Declarations.

2. The Designated Location General Aggregate Limit is the most we will pay for the

sum of all damages under Coverage A,

except damages because of "bodily injury" or "property damage" included in

the "products-completed operations hazard", and for medical expenses under

Coverage C regardless of the number of:

a. Insureds;

b. Claims made or "suits" brought; or

c. Persons or organizations making

claims or bringing "suits".

3. Any payments made under Coverage A

for damages or under Coverage C for

medical expenses shall reduce the Designated Location General Aggregate

Limit for that designated "location". Such

payments shall not reduce the General

Aggregate Limit shown in the Declarations nor shall they reduce any other

Designated Location General Aggregate

Limit for any other designated "location"

shown in the Schedule above.

4. The limits shown in the Declarations for

Each Occurrence, Damage To Premises

Rented To You and Medical Expense

continue to apply. However, instead of

being subject to the General Aggregate

Limit shown in the Declarations, such

limits will be subject to the applicable

Designated Location General Aggregate

Limit.

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

"occurrences" under Section I - Coverage A

and for all medical expenses caused by accidents under Section I - Coverage C, which

cannot be attributed only to operations at a

single designated "location" shown in the

Schedule above:

1. Any payments made under Coverage A

for damages or under Coverage C for

medical expenses shall reduce the

amount available under the General Aggregate Limit or the Products-completed

Operations Aggregate Limit, whichever

is applicable; and

2. Such payments shall not reduce any

Designated Location General Aggregate

Limit.

© Insurance Services Office, Inc., 2008 CG 25 04 A 05 09

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C. When coverage for liability arising out of the

"products-completed operations hazard" is

provided, any payments for damages because of "bodily injury" or "property damage"

included in the "products-completed operations hazard" will reduce the Productscompleted Operations Aggregate Limit, and

not reduce the General Aggregate Limit nor

the Designated Location General Aggregate

Limit.

D. For the purposes of this endorsement, the

Definitions Section is amended by the addition of the following definition:

"Location" means premises involving the

same or connecting lots, or premises whose

connection is interrupted only by a street,

roadway, waterway or right-of-way of a railroad.

E. The provisions of Section III Limits of Insurance not otherwise modified by this endorsement shall continue to apply as stipulated.

CG 25 04 A 05 09

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COMMERCIAL GENERAL LIABILITY

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

EMPLOYMENT - RELATED PRACTICES EXCLUSION

This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

A. The following exclusion is added to

Paragraph 2., Exclusions of Section I -

Coverage A - Bodily Injury And Property

Damage Liability:

This insurance does not apply to:

"Bodily injury" to:

(1) A person arising out of any:

(a) Refusal to employ that person;

(b) Termination of that person's

employment; or

(c) Employment-related practices,

policies, acts or omissions, such

as coercion, demotion, evaluation, reassignment, discipline,

defamation, harassment, humiliation, discrimination or malicious prosecution directed at

that person; or

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

sister of that person as a consequence of "bodily injury" to that person at whom any of the

employment-related practices described in Paragraphs (a), (b) or (c)

above is directed.

This exclusion applies:

(1) Whether the injury-causing event

described in Paragraphs (a), (b) or

(c) above occurs before employment, during employment or after

employment of that person;

(2) Whether the insured may be liable

as an employer or in any other capacity: and

(3) To any obligation to share damages

with or repay someone else who

must pay damages because of the

injury.

B. The following exclusion is added to Paragraph 2., Exclusions of Section I - Coverage

B - Personal And Advertising Injury Liability:

This insurance does not apply to:

"Personal and advertising injury" to:

(1) A person arising out of any:

(a) Refusal to employ that person;

(b) Termination of that person's

employment; or

(c) Employment-related practices,

policies, acts or omissions, such

as coercion, demotion, evaluation, reassignment, discipline,

defamation, harassment, humiliation, discrimination or malicious prosecution directed at

that person; or

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

sister of that person as a consequence of "personal and advertising

injury" to that person at whom any

of the employment-related practices

described in Paragraphs (a), (b) or

(c) above is directed.

This exclusion applies:

(1) Whether the injury-causing event

described in Paragraphs (a), (b) or

(c) above occurs before employment, during employment or after

employment of that person;

(2) Whether the insured may be liable

as an employer or in any other capacity; and

(3) To any obligation to share damages

with or repay someone else who

must pay damages because of the

injury.

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

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COMMERCIAL GENERAL LIABILITY

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

ILLINOIS AMENDMENT TO THE DEFINITION OF "INSURED

CONTRACT"

This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART

The following is added as the last paragraph to SECTION V - DEFINITIONS 9. "Insured contract" in the

COMMERCIAL GENERAL LIABILITY COVERAGE PART, AND 8. "Insured contract" in the OWNERS AND

CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART

"Insured contract" does not include your liability to a third party by reason of a Claim or suit against you

by that third party for contribution under the Illinois Joint Tortfeasor Contribution Act for damages

claimed against such third party as a result of injury to your employee if you have that liability because

you have waived, in a contract, your right to limit such liability to the amount of the workers compensation benefits paid for that injured employee under the Illinois Workers Compensation Act.

Includes copyrighted material of ISO Properties, Inc.,

with its permission. CG 70 68 01 03

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COMMERCIAL GENERAL LIABILITY

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

EXCLUSION - ACCESS OR DISCLOSURE OF

CONFIDENTIAL OR PERSONAL INFORMATION AND

DATA-RELATED LIABILITY - WITH

LIMITED BODILY INJURY EXCEPTION

This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

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

Bodily Injury And Property Damage Liability

is replaced by the following:

2. Exclusions

This insurance does not apply to:

p. Access Or Disclosure Of Confidential

Or Personal Information And Datarelated Liability

Damages arising out of:

(1) Any access to or disclosure of

any person's or organization's

confidential or personal information, including patents, trade

secrets, processing methods,

customer lists, financial information, credit card information,

health information or any other

type of nonpublic information;

or

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

access, or inability to manipulate electronic data.

This exclusion applies even if damages are claimed for notification

costs, credit monitoring expenses,

forensic expenses, public relations

expenses or any other loss, cost or

expense incurred by you or others

arising out of that which is described

in Paragraph (1) or (2) above.

However, unless Paragraph (1)

above applies, this exclusion does

not apply to damages because of

"bodily injury".

As used in this exclusion, electronic

data means information, facts or

programs stored as or on, created

or used on, or transmitted to or from

computer software, including systems and applications software, hard

or floppy disks, CD-ROMs, tapes,

drives, cells, data processing devices or any other media which are

used with electronically controlled

equipment.

B. The following is added to Paragraph 2. Exclusions of Section I - Coverage B - Personal

And Advertising Injury Liability:

2. Exclusions

This insurance does not apply to:

Access Or Disclosure Of Confidential Or

Personal Information

"Personal and advertising injury" arising

out of any access to or disclosure of any

person's or organization's confidential

or personal information, including patents, trade secrets, processing methods,

customer lists, financial information,

credit card information, health information or any other type of nonpublic information.

This exclusion applies even if damages

are claimed for notification costs, credit

monitoring expenses, forensic expenses,

public relations expenses or any other

loss, cost or expense incurred by you or

others arising out of any access to or

disclosure of any person's or organization's confidential or personal information.

© Insurance Services Office, Inc., 2013 CG 21 06 05 14

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THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

EXCLUSION - LEAD

This endorsement modifies insurance provided under the following:

BUSINESSOWNERS COVERAGE FORM

FARM LIABILITY COVERAGE FORM

COMMERCIAL GENERAL LIABILITY COVERAGE FORM

FARMOWNERS-RANCHOWNERS POLICY PERSONAL LIABILITY FORM

OWNERS', LANDLORDS' AND TENANTS' LIABILITY INSURANCE COVERAGE PART

FARMER'S COMPREHENSIVE PERSONAL INSURANCE COVERAGE PART

COMMERCIAL LIABILITY UMBRELLA COVERAGE PART

This insurance does not apply to:

(1) "Bodily injury", "property damage", "personal injury" or "personal and advertising injury" arising out

of lead poisoning, lead contamination or exposure to lead.

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

a. Request, demand or order that any insured or others test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of lead; or

b. Claim or suit by or on behalf of a governmental authority for damages because of testing for,

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

responding to, or assessing the effects of lead.

IL 70 13 12 06

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COMMERCIAL GENERAL LIABILITY

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

ILLINOIS CHANGES - CANCELLATION

AND NONRENEWAL

This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

LIQUOR LIABILITY COVERAGE PART

POLLUTION LIABILITY COVERAGE PART

PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART

PRODUCT WITHDRAWAL COVERAGE PART

A. Cancellation (Common Policy Conditions) is

replaced by the following:

Cancellation

1. The first Named Insured shown in the

Declarations may cancel this Policy by

mailing to us advance written notice of

cancellation.

2. We may cancel this Policy by mailing to

you, at your last mailing address known

to us, written notice stating the reason

for cancellation. Proof of mailing will be

sufficient proof of notice. If we cancel:

a. For nonpayment of premium, we will

mail the notice at least 10 days prior

to the effective date of cancellation.

b. For a reason other than nonpayment

of premium, we will mail the notice

at least:

(1) 30 days prior to the effective

date of cancellation if the Policy

has been in effect for 60 days or

less.

(2) 60 days prior to the effective

date of cancellation if the Policy

has been in effect for more than

60 days.

3. If this Policy has been in effect for more

than 60 days, we may cancel only for one

or more of the following reasons:

a. Nonpayment of premium;

b. The Policy was obtained through a

material misrepresentation;

c. Any insured has violated any of the

terms and conditions of the Policy;

d. The risk originally accepted has

measurably increased;

e. Certification to the Director of Insurance of the loss of reinsurance by

the insurer that provided coverage

to us for all or a substantial part of

the underlying risk insured; or

f. A determination by the Director of

Insurance that the continuation of

the Policy could place us in violation

of the insurance laws of this State.

4. Notification of cancellation will also be

sent to your broker, if known, or agent of

record, if known.

5. Notice of cancellation will state the effective date of cancellation. The policy

period will end on that date.

6. If this Policy is cancelled we will send the

first Named Insured any premium refund

due. If we cancel, the refund will be pro

rata. If the first Named Insured cancels,

the refund will be less than pro rata. The

cancellation will be effective even if we

have not offered a refund.

B. The following is added and supersedes any

provision to the contrary:

Nonrenewal

If we decide not to renew or continue this

Policy, we will mail you written notice, stating

the reason for nonrenewal, at least 60 days

before the end of the policy period. Proof of

mailing will be sufficient proof of notice. Notification of nonrenewal will also be sent to

your broker, if known, or agent of record, if

known. If we offer to renew or continue and

you do not accept, this Policy will terminate

at the end of the current policy period. Failure to pay the required renewal or continuation premium when due shall mean that you

have not accepted our offer.

If we fail to mail proper written notice of

nonrenewal and you obtain other insurance,

this Policy will end on the effective date of

that insurance.

© Insurance Services Office, Inc., 2017 CG 02 00 01 18

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COMMERCIAL GENERAL LIABILITY

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

AMENDMENT OF INSURED CONTRACT DEFINITION

This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART

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

"Insured contract" means:

a. A contract for a lease of premises.

However, that portion of the contract for

a lease of premises that indemnifies any

person or organization for damage by

fire to premises while rented to you or

temporarily occupied by you with permission of the owner is not an "insured

contract";

b. A sidetrack agreement;

c. Any easement or license agreement, except in connection with construction or

demolition operations on or within 50 feet

of a railroad;

d. An obligation, as required by ordinance,

to indemnify a municipality, except in

connection with work for a municipality;

e. An elevator maintenance agreement;

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

municipality in connection with work

performed for a municipality) under

which you assume the tort liability of another party to pay for "bodily injury" or

"property damage" to a third person or

organization, provided the "bodily injury"

or "property damage" is caused, in whole

or in part, by you or by those acting on

your behalf. However, such part of a

contract or agreement shall only be considered an "insured contract" to the extent your assumption of the tort liability

is permitted by law. Tort liability means

a liability that would be imposed by law

in the absence of any contract or agreement.

Paragraph f. does not include that part

of any contract or agreement:

(1) That indemnifies a railroad for "bodily injury" or "property damage"

arising out of construction or demolition operations, within 50 feet of

any railroad property and affecting

any railroad bridge or trestle, tracks,

road-beds, tunnel, underpass or

crossing;

(2) That indemnifies an architect, engineer or surveyor for injury or damage arising out of:

(a) Preparing, approving, or failing

to prepare or approve, maps,

shop drawings, opinions, reports, surveys, field orders,

change orders or drawings and

specifications; or

(b) Giving directions or instructions,

or failing to give them, if that is

the primary cause of the injury

or damage; or

(3) Under which the insured, if an architect, engineer or surveyor, assumes

liability for an injury or damage

arising out of the insured's rendering or failure to render professional

services, including those listed in (2)

above and supervisory, inspection,

architectural or engineering activities.

© Insurance Services Office, Inc., 2012 CG 24 26 04 13

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COMMERCIAL GENERAL LIABILITY

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

EXCLUSION - ASBESTOS

This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART

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

arising out of:

1. Inhaling, ingesting or physical exposure to asbestos or goods or products containing asbestos;

or

2. The use of asbestos in constructing or manufacturing any goods, product or structure; or

3. The removal, repair, encapsulation, enclosure, abatement or maintenance of asbestos in or from

any goods, product or structure; or

4. The manufacture, sale, distribution, transportation, storage or disposal of asbestos or goods or

products containing asbestos.

This insurance does not apply to payment for the investigation or defense of any claim, injury, loss, fine,

penalty or lawsuit related to any of the foregoing items 1 thru 4. Nor do we have a duty to investigate

or defend any such claim, injury, loss or lawsuit.

This insurance also does not apply to any loss, cost or expense incurred in complying with any federal,

state or local provision of law regarding the inspection, monitoring, or control of asbestos in any goods,

products or structures.

CG 70 17 12 98

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COMMERCIAL GENERAL LIABILITY

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

CAP ON LOSSES FROM CERTIFIED ACTS OF TERRORISM

This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

LIQUOR LIABILITY COVERAGE PART

OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART

POLLUTION LIABILITY COVERAGE PART

PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART

RAILROAD PROTECTIVE LIABILITY COVERAGE PART

UNDERGROUND STORAGE TANK POLICY

A. If aggregate insured losses attributable to

terrorist acts certified under the federal

Terrorism Risk Insurance Act exceed $100

billion in a calendar year and we have met

our insurer deductible under the Terrorism

Risk Insurance Act, we shall not be liable for

the payment of any portion of the amount of

such losses that exceeds $100 billion, and in

such case insured losses up to that amount

are subject to pro rata allocation in accordance with procedures established by the

Secretary of the Treasury.

"Certified act of terrorism" means an act that

is certified by the Secretary of the Treasury,

in accordance with the provisions of the federal Terrorism Risk Insurance Act, to be an

act of terrorism pursuant to such Act. The

criteria contained in the Terrorism Risk Insurance Act for a "certified act of terrorism"

include the following:

1. The act resulted in insured losses in excess of $5 million in the aggregate, attributable to all types of insurance

subject to the Terrorism Risk Insurance

Act; and

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

dangerous to human life, property or

infrastructure and is committed by an individual or individuals as part of an effort

to coerce the civilian population of the

United States or to influence the policy

or affect the conduct of the United States

Government by coercion.

B. The terms and limitations of any terrorism

exclusion, or the inapplicability or omission

of a terrorism exclusion, do not serve to create coverage for injury or damage that is

otherwise excluded under this Coverage Part.

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I N L A N D M A R I N E C O V E R A G E

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I N L A N D M A R I N E C O V E R A G E

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AGENCY PROD.

 

 41 

 COMMERCIAL INLAND MARINE 

 RENEWAL DECLARATIONS 

 SCHEDULE OF COVERAGE FORMS 

 ..................................................................................... 

 COMPANY PROVIDING COVERAGE WESTFIELD INSURANCE COMPANY 

 12-01133 000 NAMED INSURED AND MAILING ADDRESS 

 K&S INVESTMENT PROPERTY GROUP, ESSER HAYES INS GROUP INC 

 LLC. 2000 POLARIS PKWY 

 367 BUCKINGHAM CT COLUMBUS OH 43240-2108 

 LOMBARD IL 60148 TELEPHONE 800-236-3884 

 7 928 998 .01. 1270035528 . M Policy Number: CWP WIC Account Number: 

 11/12/18 Policy From at 12:01 A.M. Standard Time at your 

 11/12/19 Period To mailing address shown above. 

 ..................................................................................... 

 

 This policy contains the following Inland Marine Coverage Forms: 

 Coverage Forms Premium 

 Accounts Receivable Included 

 Fine Arts Floater Coverage Included 

 Valuable Papers and Records Included 

 ......................................................................................

 Included Total Advance Annual Inland Marine Premium 

 ......................................................................................

 All Forms and Endorsements applicable to Inland Marine Coverages: 

 CM0001 0904*, CM7090 0300*, CM0128 0399*, CM0204 0118*, CM7001 1110*, 

 CM0066 0113*, IM7400 0811*, IM7405 0811*, IM7406 0811*, IM7417 0811*, 

 IM7423 0413*, CM7000 0292*, CM0067 0113*. 

 

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COMMERCIAL INLAND MARINE

COMMERCIAL INLAND MARINE CONDITIONS

The following conditions apply in addition to the Common Policy Conditions and applicable Additional

Conditions in Commercial Inland Marine Coverage Forms:

LOSS CONDITIONS

A. Abandonment

There can be no abandonment of any property to us.

B. Appraisal

If we and you disagree on the value of the

property or the amount of loss, either may

make written demand for an appraisal of the

loss. In this event, each party will select a

competent and impartial appraiser. The two

appraisers will select an umpire. If they cannot agree, either may request that selection

be made by a judge of a court having jurisdiction. The appraisers will state separately

the value of the property and amount of loss.

If they fail to agree, they will submit their differences to the umpire. A decision agreed to

by any two will be binding. Each party will:

1. Pay its chosen appraiser; and

2. Bear the other expenses of the appraisal

and umpire equally.

If there is an appraisal, we will still retain our

right to deny the claim.

C. Duties In The Event Of Loss

You must see that the following are done in

the event of loss or damage to Covered

Property:

1. Notify the police if a law may have been

broken.

2. Give us prompt notice of the loss or

damage. Include a description of the

property involved.

3. As soon as possible, give us a description of how, when and where the

loss or damage occurred.

4. Take all reasonable steps to protect the

Covered Property from further damage,

and keep a record of your expenses

necessary to protect the Covered Property, for consideration in the settlement

of the claim. This will not increase the

Limit of Insurance. However, we will not

pay for any subsequent loss or damage

resulting from a cause of loss that is not

a Covered Cause of Loss. Also, if feasible, set the damaged property aside and

in the best possible order for examination.

5. You will not, except at your own cost,

voluntarily make a payment, assume any

obligation, or incur any expense without

our consent.

6. As often as may be reasonably required,

permit us to inspect the property proving

the loss or damage and examine your

books and records.

Also permit us to take samples of damaged and undamaged property for inspection, testing and analysis, and

permit us to make copies from your

books and records.

7. We may examine any insured under

oath, while not in presence of any other

insured and at such times as may be

reasonably required, about any matter

relating to this insurance or the claim,

including an insured's books and records. In the event of an examination,

an insured's answers must be signed.

8. Send us a signed, sworn proof of loss

containing the information we request to

settle the claim. You must do this within

60 days after our request. We will supply

you with the necessary forms.

9. Immediately send us copies of any demands, notices, summonses or legal papers received in connection with the

claim or suit.

10. Cooperate with us in the investigation or

settlement of the claim.

D. Insurance Under Two Or More Coverages

If two or more of this policy's coverages apply

to the same loss or damage, we will not pay

more than the actual amount of the loss or

damage.

E. Loss Payment

1. We will give notice of our intentions

within 30 days after we receive the sworn

proof of loss.

2. We will not pay you more than your financial interest in the Covered Property.

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3. We may adjust losses with the owners of

lost or damaged property if other than

you. If we pay the owners, such payments will satisfy your claim against us

for the owners' property. We will not pay

the owners more than their financial interest in the Covered Property.

4. We may elect to defend you against suits

arising from claims of owners of property. We will do this at our expense.

5. We will pay for covered loss or damage

within 30 days after we receive the sworn

proof of loss if you have complied with

all the terms of this Coverage Part and:

a. We have reached agreement with

you on the amount of the loss; or

b. An appraisal award has been made.

6. We will not be liable for any part of a loss

that has been paid or made good by others.

F. Other Insurance

1. You may have other insurance subject to

the same plan, terms, conditions and

provisions as the insurance under this

Coverage Part. If you do, we will pay our

share of the covered loss or damage.

Our share is the proportion that the applicable Limit of Insurance under this

Coverage Part bears to the Limits of Insurance of all insurance covering on the

same basis.

2. If there is other insurance covering the

same loss or damage, other than that

described in 1. above, we will pay only

for the amount of covered loss or damage in excess of the amount due from

that other insurance, whether you can

collect on it or not. But we will not pay

more than the applicable Limit of Insurance.

G. Pair, Sets Or Parts

1. Pair or Set

In case of loss or damage to any part of

a pair or set we may:

a. Repair or replace any part to restore

the pair or set to its value before the

loss or damage; or

b. Pay the difference between the value

of the pair or set before and after the

loss or damage.

2. Parts

In case of loss or damage to any part of

Covered Property consisting of several

parts when complete, we will only pay for

the value of the lost or damaged part.

H. Recovered Property

If either you or we recover any property after

loss settlement, that party must give the other

prompt notice. At your option, the property

will be returned to you. You must then return

to us the amount we paid to you for the

property. We will pay recovery expenses and

the expenses to repair the recovered property, subject to the Limit of Insurance.

I. Reinstatement Of Limit After Loss

The Limit of Insurance will not be reduced by

the payment of any claim, except for total loss

or damage of a scheduled item, in which

event we will refund the unearned premium

on that item.

J. Transfer Of Rights Of Recovery Against Others To Us

If any person or organization to or for whom

we make payment under this Coverage Part

has rights to recover damages from another,

those rights are transferred to us to the extent

of our payment. That person or organization

must do everything necessary to secure our

rights and must do nothing after loss to impair them. But you may waive your rights

against another party in writing:

1. Prior to a loss to your Covered Property.

2. After a loss to your Covered Property

only if, at the time of loss, that party is

one of the following:

a. Someone insured by this insurance;

or

b. A business firm:

(1) Owned or controlled by you; or

(2) That owns or controls you.

This will not restrict your insurance.

GENERAL CONDITIONS

A. Concealment, Misrepresentation Or Fraud

This Coverage Part is void in any case of

fraud, intentional concealment or misrepresentation of a material fact, by you or any

other insured, at any time, concerning:

1. This Coverage Part;

2. The Covered Property;

3. Your interest in the Covered Property; or

4. A claim under this Coverage Part.

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B. Control Of Property

Any act or neglect of any person other than

you beyond your direction or control will not

affect this insurance.

The breach of any condition of this Coverage

Part at any one or more locations will not affect coverage at any location where, at the

time of loss or damage, the breach of condition does not exist.

C. Legal Action Against Us

No one may bring a legal action against us

under this Coverage Part unless:

1. There has been full compliance with all

the terms of this Coverage Part; and

2. The action is brought within 2 years after

you first have knowledge of the direct

loss or damage.

D. No Benefit To Bailee

No person or organization, other than you,

having custody of Covered Property will benefit from this insurance.

E. Policy Period, Coverage Territory

We cover loss or damage commencing:

1. During the policy period shown in the

Declarations; and

2. Within the coverage territory.

F. Valuation

The value of property will be the least of the

following amounts:

1. The actual cash value of that property;

2. The cost of reasonably restoring that

property to its condition immediately before loss or damage; or

3. The cost of replacing that property with

substantially identical property.

In the event of loss or damage, the value of

property will be determined as of the time of

loss or damage.

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COMMERCIAL INLAND MARINE

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

ILLINOIS CHANGES

This endorsement modifies insurance provided under the following:

COMMERCIAL INLAND MARINE COVERAGE PART

A. Cancellation (Common Policy Conditions) is

replaced by the following:

Cancellation

1. The first Named Insured shown in the

Declarations may cancel this Policy by

mailing to us advance written notice of

cancellation.

2. a. We may cancel this Policy by mailing

to you written notice stating the reason for cancellation at your last

mailing address known to us. Proof

of mailing will be sufficient proof of

notice.

b. If we cancel for nonpayment of premium, we will mail the notice at least

10 days prior to the effective date of

cancellation.

c. If we cancel for a reason other than

nonpayment of premium, we will

mail the notice at least:

(1) 30 days prior to the effective

date of cancellation if the Policy

has been in effect for 60 days or

less.

(2) 60 days prior to the effective

date of cancellation if the Policy

has been in effect for more than

60 days.

3. If this Policy has been in effect for more

than 60 days, we may cancel only for one

or more of the following reasons:

a. Nonpayment of premium;

b. The Policy was obtained through a

material misrepresentation;

c. Any insured has violated any of the

terms and conditions of the Policy;

d. The risk originally accepted has

measurably increased;

e. Certification to the Director of Insurance of the loss of reinsurance by

the insurer that provided coverage

to us for all or a substantial part of

the underlying risk insured; or

f. A determination by the Director of

Insurance that the continuation of

the Policy could place us in violation

of the insurance laws of this State.

4. Notice of cancellation will state the effective date of cancellation. The policy

period will end on that date.

5. If this Policy is cancelled we will send the

first Named Insured any premium refund

due. If we cancel, the refund will be pro

rata. If the first Named Insured cancels,

the refund will be less than pro rata. The

cancellation will be effective even if we

have not offered a refund.

6. Notification of cancellation will also be

sent to your broker, if known, or agent of

record, if known, and to the lienholder

listed on the Policy.

B. The following is added and supersedes any

provision to the contrary:

Nonrenewal

If we decide not to renew or continue this

Policy, we will mail you written notice, stating

the reason for nonrenewal, at least 60 days

before the end of the policy period. Proof of

mailing will be sufficient proof of notice. Notification of nonrenewal will also be sent to

your broker, if known, or agent of record, if

known, and to the lienholder listed on the

Policy. If we offer to renew or continue and

you do not accept, this Policy will terminate

at the end of the current policy period. Failure to pay the required renewal or continuation premium when due shall mean that you

have not accepted our offer.

If we fail to mail proper written notice of

nonrenewal and you obtain other insurance,

this Policy will end on the effective date of

that insurance.

C. General Condition C. Legal Action Against Us

in the Commercial Inland Marine Conditions

is replaced by the following:

C. Legal Action Against Us

No one may bring a legal action against

us:

1. Until there has been full compliance

with all the terms of this Coverage

Part; and

2. More than two years after you first

have knowledge of the direct loss or

damage. But we will extend this two

year period by the number of days

between the date proof of loss is

filed and the date the claim is denied

in whole or in part.

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COMMERCIAL INLAND MARINE

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

ILLINOIS CHANGES - INTENTIONAL ACTS

This endorsement modifies insurance provided under the following:

COMMERCIAL INLAND MARINE COVERAGE PART

The following exclusion is added:

A. We will not pay for loss or damage arising out

of any act committed:

1. By or at the direction of any insured; and

2. With the intent to cause a loss.

B. However, this exclusion will not apply to deny

payment to an innocent co-insured who did

not cooperate in or contribute to the creation

of the loss if:

1. The loss arose out of a pattern of criminal domestic violence; and

2. The perpetrator of the loss is criminally

prosecuted for the act causing the loss.

C. If we pay a claim pursuant to Paragraph B.,

our payment to the insured is limited to that

insured's insurable interest in the property

less any payments we first made to a

mortgagee or other party with a legal secured

interest in the property. In no event will we

pay more than the Limit of Insurance.

Copyright, Insurance Services Office, Inc., 1998 CM 01 28 03 99

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AGENCY PROD.

 

 41 

 COMMERCIAL INLAND MARINE 

 RENEWAL DECLARATIONS 

 ACCOUNTS RECEIVABLE COVERAGE 

 ..................................................................................... 

 COMPANY PROVIDING COVERAGE WESTFIELD INSURANCE COMPANY 

 12-01133 000 NAMED INSURED AND MAILING ADDRESS 

 K&S INVESTMENT PROPERTY GROUP, ESSER HAYES INS GROUP INC 

 LLC. 2000 POLARIS PKWY 

 367 BUCKINGHAM CT COLUMBUS OH 43240-2108 

 LOMBARD IL 60148 TELEPHONE 800-236-3884 

 7 928 998 .01. 1270035528 . M Policy Number: CWP WIC Account Number: 

 11/12/18 Policy From at 12:01 A.M. Standard Time at your 

 11/12/19 Period To mailing address shown above. 

 ..................................................................................... 

 DESCRIPTION OF PREMISES 

 Loc Bldg Street Address, City & State Occupancy 

 

 *Refer to Commercial Property Expanded and/or Signature Series Schedule(s) for 

 Coverages and Limits of Insurance.* 

 ..................................................................................... 

 COVERED PROPERTY AND LIMITS OF INSURANCE 

 A. Coverage Applicable At Your Premises 

 Loc Bldg Item Limits of Insurance 

 B. Coverage Applicable Away From Your Premises 

 .. 

 * 80 % COINSURANCE APPLIES. REFER TO COVERAGE FORM. 

 ..................................................................................... 

 DESCRIPTION OF RECEPTACLES 

 Loc Bldg Item Class Label Issuer Manufacturer 

 ..................................................................................... 

 Total Advance Annual 

 Included Accounts Receivable Premium 

 ..................................................................................... 

 Forms and Endorsements applicable to this coverage: 

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COMMERCIAL INLAND MARINE

ACCOUNTS RECEIVABLE COVERAGE FORM

Various provisions in this policy restrict coverage.

Read the entire policy carefully to determine

rights, duties and what is and is not covered.

Throughout this policy, the words "you" and

"your" refer to the Named Insured shown in the

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

Other words and phrases that appear in quotation

marks have special meaning. Refer to Section E

- Definitions.

A. Coverage

1. We will pay:

a. All amounts due from your customers that you are unable to collect;

b. Interest charges on any loan required to offset amounts you are unable to collect pending our payment

of these amounts;

c. Collection expenses in excess of

your normal collection expenses that

are made necessary by the loss or

damage; and

d. Other reasonable expenses that you

incur to reestablish your records of

accounts receivable;

that result from Covered Causes of Loss

to your records of accounts receivable.

2. Property Not Covered

Coverage does not apply to:

a. Records of accounts receivable in

storage away from the "premises"

shown in the Declarations; or

b. Contraband, or property in the

course of illegal transportation or

trade.

3. Covered Causes Of Loss

Covered Causes of Loss means direct

physical loss or damage to your records

of accounts receivable except those

causes of loss listed in the Exclusions.

4. Additional Coverage - Collapse

The coverage provided under this Additional Coverage - Collapse applies only

to an abrupt collapse as described and

limited in Paragraphs a. through c.

a. For the purpose of this Additional

Coverage - Collapse, abrupt collapse means an abrupt falling down

or caving in of a building or any part

of a building with the result that the

building or part of the building cannot be occupied for its intended purpose.

b. We will pay for direct physical loss

or damage to Covered Property,

caused by abrupt collapse of a

building or any part of a building that

contains Covered Property insured

under this Coverage Form, if such

collapse is caused by one or more

of the following:

(1) Building decay that is hidden

from view, unless the presence

of such decay is known to an

insured prior to collapse;

(2) Insect or vermin damage that is

hidden from view, unless the

presence of such damage is

known to an insured prior to

collapse;

(3) Use of defective material or

methods in construction, remodeling or renovation if the

abrupt collapse occurs during

the course of the construction,

remodeling or renovation;

(4) Use of defective material or

methods in construction, remodeling or renovation if the

abrupt collapse occurs after the

construction, remodeling or

renovation is complete, but only

if the collapse is caused in part

by:

(a) A cause of loss listed in

Paragraph (1) or (2);

(b) One or more of the following causes of loss: fire;

lightning; windstorm; hail;

explosion; smoke; aircraft;

vehicles; riot; civil

commotion; vandalism;

leakage from fire extinguishing equipment;

sinkhole collapse; volcanic

action; breakage of building

glass; falling objects;

weight of snow, ice or sleet;

water damage; earthquake;

all only as insured against

in this Coverage Form;

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(c) Weight of people or personal property; or

(d) Weight of rain that collects

on a roof;

c. This Additional Coverage - Collapse

will not increase the Limits of Insurance provided in this Coverage

Form.

5. Coverage Extension

REMOVAL

If you give us written notice within 10

days of removal of your records of accounts receivable because of imminent

danger of loss or damage, we will pay for

loss or damage while they are:

a. At a safe place away from your

"premises"; or

b. Being taken to and returned from

that place.

This Coverage Extension is included

within the Limit of Insurance applicable

to the "premises" from which the records

of accounts receivable are removed.

B. Exclusions

1. We will not pay for loss or damage

caused directly or indirectly by any of the

following. Such loss or damage is excluded regardless of any other cause or

event that contributes concurrently or in

any sequence to the loss.

a. Governmental Action

Seizure or destruction of property by

order of governmental authority.

But we will pay for loss or damage

caused by or resulting from acts of

destruction ordered by governmental authority and taken at the

time of a fire to prevent its spread if

the fire would be covered under this

Coverage Form.

b. Nuclear Hazard

Nuclear reaction or radiation, or radioactive contamination, however

caused.

But if nuclear reaction or radiation,

or radioactive contamination results

in fire, we will pay for the direct loss

or damage caused by that fire if the

fire would be covered under this

Coverage Form.

c. War And Military Action

(1) War, including undeclared or

civil war;

(2) Warlike action by a military

force, including action in

hindering or defending against

an actual or expected attack, by

any government, sovereign or

other authority using military

personnel or other agents; or

(3) Insurrection, rebellion, revolution, usurped power or action

taken by governmental authority

in hindering or defending

against any of these.

Exclusions B.1.a. through B.1.c. apply

whether or not the loss event results in

widespread damage or affects a substantial area.

2. We will not pay for a loss or damage

caused by or resulting from any of the

following:

a. Delay, loss of use, loss of market or

any other consequential loss.

b. Dishonest or criminal act (including

theft) committed by:

(1) You, any of your partners, employees (including temporary

employees and leased workers),

officers, directors, trustees, or

authorized representatives;

(2) A manager or a member if you

are a limited liability company;

or

(3) Anyone else with an interest in

the property, or their employees

(including temporary employees

and leased workers) or authorized representatives;

whether acting alone or in collusion

with each other or with any other

party.

This exclusion applies whether or

not an act occurs during your normal

hours of operation.

This exclusion does not apply to acts

of destruction by your employees

(including temporary employees and

leased workers) or authorized representatives; but theft by your employees (including temporary

employees and leased workers) or

authorized representatives is not

covered.

c. Alteration, falsification, concealment

or destruction of records of accounts

receivable done to conceal the

wrongful giving, taking or withholding of money, securities or other

property.

This exclusion applies only to the

extent of the wrongful giving, taking

or withholding.

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d. Bookkeeping, accounting or billing

errors or omissions.

e. Electrical or magnetic injury, disturbance or erasure of electronic recordings that is caused by or results

from:

(1) Programming errors or faulty

machine instructions;

(2) Faulty installation or maintenance of data processing equipment or component parts;

(3) An occurrence that took place

more than 100 feet from your

"premises"; or

(4) Interruption of electrical power

supply, power surge, blackout

or brownout if the cause of such

occurrence took place more

than 100 feet from your "premises".

But we will pay for direct loss or

damage caused by lightning.

f. Voluntary parting with any property

by you or anyone entrusted with the

property if induced to do so by any

fraudulent scheme, trick, device or

false pretense.

g. Unauthorized instructions to transfer

property to any person or to any

place.

h. Neglect of an insured to use all reasonable means to save and preserve

property from further damage at and

after the time of loss.

i. Theft by any person (except carriers

for hire) to whom you entrust the

property for any purpose, whether

acting alone or in collusion with any

other party.

This exclusion applies whether or

not an act occurs during your normal

hours of operation.

3. We will not pay for loss or damage that

requires any audit of records or any inventory computation to prove its factual

existence.

4. We will not pay for loss or damage

caused by or resulting from any of the

following. But if loss or damage by a

Covered Cause of Loss results, we will

pay for the loss or damage caused by

that Covered Cause of Loss.

a. Weather conditions. But this exclusion only applies if weather conditions contribute in any way with a

cause or event excluded in Paragraph 1. above to produce the loss

or damage.

b. Acts or decisions, including the failure to act or decide, of any person,

group, organization or governmental

body.

c. Faulty, inadequate or defective:

(1) Planning, zoning, development,

surveying, siting;

(2) Design, specifications, workmanship, repair, construction,

renovation, remodeling, grading, compaction;

(3) Materials used in repair, construction, renovation or remodeling; or

(4) Maintenance;

of part or all of any property wherever located.

d. Collapse, including any of the following conditions of property or any

part of the property:

(1) An abrupt falling down or caving

in;

(2) Loss of structural integrity, including separation of parts of

the property or property in danger of falling down or caving in;

or

(3) Any cracking, bulging, sagging,

bending, leaning, settling,

shrinking or expansion as such

condition relates to Paragraph

(1) or (2).

This Exclusion d. does not apply to

the extent that coverage is provided

under the Additional Coverage -

Collapse or to collapse caused by

one or more of the following: fire;

lightning; windstorm; hail; explosion;

smoke; aircraft; vehicles; riot; civil

commotion; vandalism; leakage from

fire extinguishing equipment;

sinkhole collapse; volcanic action;

breakage of building glass; falling

objects; weight of snow, ice or sleet;

water damage; earthquake; weight

of people or personal property;

weight of rain that collects on a roof.

C. Limits Of Insurance

The most we will pay for loss or damage in

any one occurrence is the applicable Limit

Of Insurance shown in the Declarations.

CM 00 66 01 13

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D. Additional Conditions

1. Determination Of Receivables

General Condition F. Valuation in the

Commercial Inland Marine Conditions is

replaced by the following:

a. If you cannot accurately establish

the amount of accounts receivable

outstanding as of the time of loss or

damage, the following method will

be used:

(1) Determine the total of the average monthly amounts of accounts receivable for the 12

months immediately preceding

the month in which the loss or

damage occurs; and

(2) Adjust that total for any normal

fluctuations in the amount of

accounts receivable for the

month in which the loss or

damage occurred or for any

demonstrated variance from the

average for that month.

b. The following will be deducted from

the total amount of accounts receivable, however that amount is established:

(1) The amount of the accounts for

which there is no loss or damage;

(2) The amount of the accounts that

you are able to reestablish or

collect;

(3) An amount to allow for probable

bad debts that you are normally

unable to collect; and

(4) All unearned interest and service charges.

2. Recoveries

The following is added to Loss Condition

H. Recovered Property in the Commercial

Inland Marine Conditions:

You will pay us the amount of all recoveries you receive for a loss or damage

paid by us. But any recoveries in excess

of the amount we have paid belong to

you.

3. The following conditions apply in addition

to the Commercial Inland Marine Conditions and the Common Policy Conditions:

a. Coverage Territory

We cover records of accounts

receivable:

(1) Within your "premises"; and

(2) Away from your "premises"

while in transit or within premises of others if those premises

are located or the transit is

within:

(a) The United States of America (including its territories

and possessions);

(b) Puerto Rico; and

(c) Canada.

b. Coinsurance

If a Coinsurance percentage is

shown in the Declarations, the following condition applies.

We will not pay the full amount of

any loss if the value of all accounts

receivable, except those in transit,

at the time of loss times the

Coinsurance percentage shown for

it in the Declarations is greater than

the Limit of Insurance for Coverage

Applicable at All Locations.

Instead, we will determine the most

we will pay using the following steps:

(1) Multiply the value of all accounts receivable, except those

in transit, at the time of loss by

the Coinsurance percentage;

(2) Divide the Limit of Insurance for

Coverage Applicable At All Locations by the figure determined

in Step (1); and

(3) Multiply the total amount of loss

by the figure determined in Step

(2).

We will pay the amount determined

in Step (3) or the Limit of Insurance,

whichever is less. For the remainder, you will either have to rely on

other insurance or absorb the loss

yourself.

This condition will not apply to records of accounts receivable in

transit, interest charges, excess collection expenses or expenses to reestablish your records of accounts

receivable.

c. Protection Of Records

Whenever you are not open for

business, and except while you are

actually using the records, you must

keep all records of accounts receivable in receptacles that are described in the Declarations.

E. Definitions

"Premises" means that interior portion of the

building at the address shown in the Declarations that you occupy for your business.

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AGENCY PROD.

 

 41 

 COMMERCIAL INLAND MARINE 

 RENEWAL DECLARATIONS 

 VALUABLE PAPERS AND RECORDS COVERAGE 

 ..................................................................................... 

 COMPANY PROVIDING COVERAGE WESTFIELD INSURANCE COMPANY 

 12-01133 000 NAMED INSURED AND MAILING ADDRESS 

 K&S INVESTMENT PROPERTY GROUP, ESSER HAYES INS GROUP INC 

 LLC. 2000 POLARIS PKWY 

 367 BUCKINGHAM CT COLUMBUS OH 43240-2108 

 LOMBARD IL 60148 TELEPHONE 800-236-3884 

 7 928 998 .01. 1270035528 . M Policy Number: CWP WIC Account Number: 

 11/12/18 Policy From at 12:01 A.M. Standard Time at your 

 11/12/19 Period To mailing address shown above. 

 ..................................................................................... 

 

 COVERED PROPERTY AND LIMITS OF INSURANCE 

 Specifically Described Property 

 Loc Bldg Item Description Limit of Insurance 

 *Refer to Commercial Property Expanded and/or Signature Series Schedule(s) for 

 Coverages and Limits of Insurance.* 

 All Other Covered Property 

 Loc Bldg Item Limit of Insurance 

 Property Away From Your Premises Limit of Insurance 

 Item 

 ..................................................................................... 

 DESCRIPTION OF RECEPTACLES 

 Loc Bldg Item Class Label Issuer Manufacturer 

 ..................................................................................... 

 Total Advance Annual 

 Included Valuable Papers and Records Premium 

 ..................................................................................... 

 Forms and Endorsements applicable to this coverage: 

 CM7000 0292*, CM0067 0113*. 

PAGE 01 OF 01 CM 70 00 (02-92) 11/07/18 ORIGINAL 

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COMMERCIAL INLAND MARINE

VALUABLE PAPERS AND RECORDS COVERAGE FORM

Various provisions in this policy restrict coverage.

Read the entire policy carefully to determine

rights, duties and what is and is not covered.

Throughout this policy, the words "you" and

"your" refer to the Named Insured shown in the

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

Other words and phrases that appear in quotation

marks have special meaning. Refer to Section F

- Definitions.

A. Coverage

We will pay for direct physical loss of or

damage to Covered Property from any of the

Covered Causes of Loss.

1. Covered Property, as used in this Coverage Form, means "valuable papers and

records" that are your property or property of others in your care, custody or

control.

2. Property Not Covered

Covered Property does not include:

a. Property not specifically declared

and described in the Declarations if

such property cannot be replaced

with other property of like kind and

quality;

b. Property held as samples or for delivery after sale;

c. Property in storage away from the

"premises" shown in the Declarations; or

d. Contraband, or property in the

course of illegal transportation or

trade.

3. Covered Causes Of Loss

Covered Causes of Loss means direct

physical loss or damage to Covered

Property except those causes of loss

listed in the Exclusions.

4. Additional Coverage - Collapse

The coverage provided under this Additional Coverage - Collapse applies only

to an abrupt collapse as described and

limited in Paragraphs a. through c.

a. For the purpose of this Additional

Coverage - Collapse, abrupt collapse means an abrupt falling down

or caving in of a building or any part

of a building with the result that the

building or part of the building cannot be occupied for its intended purpose.

b. We will pay for direct physical loss

or damage to Covered Property,

caused by abrupt collapse of a

building or any part of a building that

contains Covered Property insured

under this Coverage Form, if such

collapse is caused by one or more

of the following:

(1) Building decay that is hidden

from view, unless the presence

of such decay is known to an

insured prior to collapse;

(2) Insect or vermin damage that is

hidden from view, unless the

presence of such damage is

known to an insured prior to

collapse;

(3) Use of defective material or

methods in construction, remodeling or renovation if the

abrupt collapse occurs during

the course of the construction,

remodeling or renovation;

(4) Use of defective material or

methods in construction, remodeling or renovation if the

abrupt collapse occurs after the

construction, remodeling or

renovation is complete, but only

if the collapse is caused in part

by:

(a) A cause of loss listed in

Paragraph (1) or (2);

(b) One or more of the following causes of loss: fire;

lightning; windstorm; hail;

explosion; smoke; aircraft;

vehicles; riot; civil

commotion; vandalism;

leakage from fire extinguishing equipment;

sinkhole collapse; volcanic

action; breakage of building

glass; falling objects;

weight of snow, ice or sleet;

water damage; earthquake;

all only as insured against

in this Coverage Form;

(c) Weight of people or personal property; or

(d) Weight of rain that collects

on a roof;

c. This Additional Coverage - Collapse

will not increase the Limits of Insurance provided in this Coverage

Form.

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5. Coverage Extensions

a. Removal

If you give us written notice within

10 days of removal of your "valuable

papers and records" because of imminent danger of loss or damage,

we will pay for loss or damage while

it is:

(1) At a safe place away from your

"premises"; or

(2) Being taken to and returned

from that place.

This Coverage Extension is included

within the Limits of Insurance applicable to the "premises" from which

the Covered Property is removed.

b. Away From Your Premises

We will pay up to $5,000 for loss or

damage to Covered Property while

it is away from your "premises".

But if a higher Limit Of Insurance is

specified in the Declarations, the

higher limit will apply.

The limit for this Coverage Extension

is additional insurance.

B. Exclusions

1. We will not pay for loss or damage

caused directly or indirectly by any of the

following. Such loss or damage is excluded regardless of any other cause or

event that contributes concurrently or in

any sequence to the loss.

a. Governmental Action

Seizure or destruction of property by

order of governmental authority.

But we will pay for loss or damage

caused by or resulting from acts of

destruction ordered by governmental authority and taken at the

time of a fire to prevent its spread if

the fire would be covered under this

Coverage Form.

b. Nuclear Hazard

Nuclear reaction or radiation, or radioactive contamination, however

caused.

But if nuclear reaction or radiation,

or radioactive contamination results

in fire, we will pay for the direct loss

or damage caused by that fire if the

fire would be covered under this

Coverage Form.

c. War And Military Action

(1) War, including undeclared or

civil war;

(2) Warlike action by a military

force, including action in

hindering or defending against

an actual or expected attack, by

any government, sovereign or

other authority using military

personnel or other agents; or

(3) Insurrection, rebellion, revolution, usurped power or action

taken by governmental authority

in hindering or defending

against any of these.

Exclusions B.1.a. through B.1.c. apply whether or not the loss event results in widespread damage or

affects a substantial area.

2. We will not pay for loss or damage

caused by or resulting from any of the

following:

a. Delay, loss of use, loss of market or

any other consequential loss.

b. Dishonest or criminal act (including

theft) committed by:

(1) You, any of your partners, employees (including temporary

employees and leased workers),

officers, directors, trustees, or

authorized representatives;

(2) A manager or a member if you

are a limited liability company;

or

(3) Anyone else with an interest in

the property, or their employees

(including temporary employees

and leased workers) or authorized representatives;

whether acting alone or in collusion

with each other or with any other

party.

This exclusion applies whether or

not an act occurs during your normal

hours of operation.

This exclusion does not apply to acts

of destruction by your employees

(including temporary employees and

leased workers) or authorized representatives; but theft by your employees (including temporary

employees and leased workers) or

authorized representatives is not

covered.

c. Errors or omissions in processing or

copying.

But if errors or omissions in processing or copying result in fire or

explosion, we will pay for the direct

loss or damage caused by that fire

or explosion if fire or explosion

would be covered under this Coverage Form.

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d. Electrical or magnetic injury, disturbance or erasure of electronic recordings.

But we will pay for direct loss or

damage caused by lightning.

e. Voluntary parting with any property

by you or anyone entrusted with the

property if induced to do so by any

fraudulent scheme, trick, device or

false pretense.

f. Unauthorized instructions to transfer

property to any person or to any

place.

g. Neglect of an insured to use all reasonable means to save and preserve

property from further damage at and

after the time of loss.

h. Theft by any person (except carriers

for hire) to whom you entrust the

property for any purpose, whether

acting alone or in collusion with any

other party.

This exclusion applies whether or

not an act occurs during your normal

hours of operation.

3. We will not pay for loss or damage

caused by or resulting from any of the

following. But if loss or damage by a

Covered Cause of Loss results, we will

pay for the loss or damage caused by

that Covered Cause of Loss.

a. Weather conditions. But this exclusion only applies if weather conditions contribute in any way with a

cause or event excluded in Paragraph 1. above to produce the loss

or damage.

b. Acts or decisions, including the failure to act or decide, of any person,

group, organization or governmental

body.

c. Faulty, inadequate or defective:

(1) Planning, zoning, development,

surveying, siting;

(2) Design, specifications, workmanship, repair, construction,

renovation, remodeling, grading, compaction;

(3) Materials used in repair, construction, renovation or remodeling; or

(4) Maintenance;

of part or all of any property wherever located.

d. Collapse, including any of the following conditions of property or any

part of the property:

(1) An abrupt falling down or caving

in;

(2) Loss of structural integrity, including separation of parts of

the property or property in danger of falling down or caving in;

or

(3) Any cracking, bulging, sagging,

bending, leaning, settling,

shrinking or expansion as such

condition relates to Paragraph

(1) or (2).

This Exclusion d. does not apply to

the extent that coverage is provided

under the Additional Coverage -

Collapse or to collapse caused by

one or more of the following: fire;

lightning; windstorm; hail; explosion;

smoke; aircraft; vehicles; riot; civil

commotion; vandalism; leakage from

fire extinguishing equipment;

sinkhole collapse; volcanic action;

breakage of building glass; falling

objects; weight of snow, ice or sleet;

water damage; earthquake; weight

of people or personal property;

weight of rain that collects on a roof.

e. Wear and tear, any quality in the

property that causes it to damage or

destroy itself, gradual deterioration;

insects, vermin or rodents.

C. Limits Of Insurance

The most we will pay for loss or damage in

any one occurrence is the applicable Limit

Of Insurance shown in the Declarations.

D. Deductible

We will not pay for loss or damage in any one

occurrence until the amount of the adjusted

loss or damage before applying the applicable Limits of Insurance exceeds the Deductible shown in the Declarations. We will then

pay the amount of the adjusted loss or damage in excess of the Deductible, up to the

applicable Limit of Insurance.

E. Additional Conditions

1. Valuation - Specifically Declared Items

The following is added to General Condition F. Valuation in the Commercial Inland Marine Conditions:

The value of each item of property that is

specifically declared and described in

the Declarations is the applicable Limit

Of Insurance shown in the Declarations

for that item.

2. Recoveries

The following is added to Loss Condition

H. Recovered Property in the Commercial

Inland Marine Conditions:

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If either you or we recover any property

after loss settlement, that party must give

the other prompt notice. At your option,

the property will be returned to you. If

so, your loss or damage will be readjusted based on the amount you received

for the property recovered, with allowance for recovery expenses incurred.

3. The following conditions apply in addition

to the Commercial Inland Marine Conditions and the Common Policy Conditions:

a. Coverage Territory

We cover property:

(1) Within your "premises"; and

(2) Away from your "premises"

while in transit or within premises of others if those premises

are located or the transit is

within:

(a) The United States of America (including its territories

and possessions);

(b) Puerto Rico; and

(c) Canada.

b. Protection Of Records

Whenever you are not open for

business, and except while you are

actually using the property, you must

keep all "valuable papers and records" in receptacles that are described in the Declarations.

F. Definitions

1. "Valuable papers and records" means

inscribed, printed or written documents,

manuscripts or records, including abstracts, books, deeds, drawings, films,

maps or mortgages.

But "valuable papers and records" does

not mean "money" or "securities", converted data, programs or instructions

used in your data processing operations,

including the materials on which the data

is recorded.

2. "Premises" means that interior portion

of the building at the address shown in

the Declarations that you occupy for your

business.

3. "Money" means:

a. Currency, coins and bank notes

whether or not in current use; and

b. Travelers checks, register checks

and money orders held for sale to

the public.

4. "Securities" means negotiable and nonnegotiable instruments or contracts representing either "money" or other

property and includes:

a. Tokens, tickets, revenue and other

stamps whether or not in current

use; and

b. Evidences of debt issued in connection with credit or charge cards,

which cards are not of your own issue;

but does not include "money".

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 POLICY NUMBER: CWP 7928998 

 POLICY PERIOD: FROM 11/12/2018 TO 11/12/2019 

 SCHEDULE OF COVERAGES 

 FINE ARTS FLOATER 

 (The entries required to complete this schedule 

 will be shown below or on the "schedule of coverages".) 

 COVERED PREMISES 

 Refer to attached Fine Arts Schedule ____________________________________ 

 COVERED FINE ARTS 

 Refer to attached Fine Arts Schedule ____________________________________ 

 CATASTROPHE LIMIT Refer To Commercial Property Expanded and/or 

 Signature Series Schedule 

 DEDUCTIBLE AMOUNT Refer To Commercial Property Expanded and/or 

 Signature Series Schedule 

 COVERAGE EXTENSIONS "Limit" 

 Emergency Removal 30 days 

 Emergency Removal Expenses 30 days $ 1,000 

 SUPPLEMENTAL COVERAGES "Limit" 

 Newly Acquired Art 25% of 

 catastrophe limit 

 Off-Premises Coverage $ 10,000 

 Property Used To Display Or Protect Art $ 5,000 

 Transit Coverage $ 10,000 

 ADDITIONAL INFORMATION 

 IM7400 0811*, IM7405 0811*, IM7406 0811*, IM7417 0811*, IM7423 0413*. 

 ..................................................................................... 

 Copyright, American Association of Insurance Services, Inc., 2011 

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 POLICY NUMBER: CWP 7928998 

 POLICY PERIOD: FROM 11/12/2018 TO 11/12/2019 

 FINE ARTS SCHEDULE 

 FINE ARTS FLOATER 

 (The entries required to complete this schedule 

 will be shown below or on the "schedule of coverages".) 

 Refer To Commercial Property Expanded and/or Signature Series Schedule(s) For 

 Coverages And Limits Of Insurance 

 Prem. No. Described Premises 

 SCHEDULED FINE ARTS 

 Item No. Description "Limit" 

 ..................................................................................... 

 Copyright, American Association of Insurance Services, Inc., 2011 

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FINE ARTS COVERAGE

FINE ARTS FLOATER

In this coverage form, the words "you" and "your"

mean the persons or organizations named as the

insured on the declarations and the words "we",

"us", and "our" mean the company providing this

coverage.

Refer to the Definitions section at the end of this

coverage form for additional words and phrases

that have special meaning. These words and

phrases are shown in quotation marks.

AGREEMENT

In return for "your" payment of the required premium, "we" provide the coverage described

herein subject to all the "terms" of the Fine Arts

Coverage. This coverage is also subject to the

"schedule of coverages" and additional policy

conditions relating to assignment; cancellation;

change, modification, or waiver of policy terms;

inspections; and examination of books and records.

Endorsements and schedules may also apply.

They are identified on the "schedule of coverages".

PROPERTY COVERED

"We" cover the following property unless the

property is excluded or subject to limitations.

Fine Arts

1. Coverage - "We" cover direct physical loss or

damage caused by a covered peril to:

a. "your" "fine arts";

b. "fine arts" of others in "your" care, custody, and control; and

c. "your" interest in jointly owned "fine

arts".

"We" only cover jointly owned "fine arts" to

the extent of "your" interest at the time of loss

or damage.

2. Coverage Limitations

a. "We" only cover "fine arts":

(1) that are described on the Fine Arts

Schedule; and

(2) while at a premises that is described

on the Fine Arts Schedule.

b. "We" only cover a described "fine art"

item while the item is at the premises

that is described on the same schedule

as the item.

3. We Do Not Cover - "We" do not cover the loss

of any "fine arts" due to a dispute of ownership by a party claiming rightful ownership of

the "fine arts". This includes a defect in title,

whether or not the title has been perfected

or secured.

PROPERTY NOT COVERED

1. Coins, Currency, And Stamps - "We" do not

cover numismatic or philatelic objects or collections including, but not limited to, coins,

bills, currency, notes, and stamps.

2. Contraband - "We" do not cover contraband

or property in the course of illegal transportation or trade.

3. Jewelry, Stones, And Metals - "We" do not

cover jewelry, precious or semi-precious

stones, gold, silver, platinum, or other precious metals or alloys.

However, this exclusion does not apply to

"antique" jewelry.

COVERAGE EXTENSIONS

Provisions That Apply To Coverage Extensions -

The following Coverage Extensions indicate an

applicable "limit". This "limit" may also be shown

on the "schedule of coverages".

If a different "limit" is indicated on the "schedule

of coverages", that "limit" will apply instead of the

"limit" shown below.

However, if no "limit" is indicated for a Coverage

Extension within this coverage form, coverage is

provided up to the full "limit" for the applicable

covered property unless a different "limit" is indicated on the "schedule of coverages".

Unless otherwise indicated, the coverages provided below are part of and not in addition to the

applicable "limit" for coverage described under

Property Covered.

The "limit" provided under a Coverage Extension

cannot be combined or added to the "limit" for any

other Coverage Extension or Supplemental Coverage, including a Coverage Extension, Supplemental Coverage, or other coverage that is added

to this policy by endorsement.

If coinsurance provisions are part of this policy,

the following Coverage Extensions are not subject

to and not considered in applying coinsurance

conditions.

1. Emergency Removal

a. Coverage - "We" cover direct physical

loss or damage to covered property

while it is being moved or being stored

to prevent loss or damage caused by a

covered peril.

Copyright, American Association of

Insurance Service, Inc. 2011 IM 7400 08 11

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b. Time Limitation - This coverage applies

for up to 30 days after the property is first

moved.

However, this coverage does not extend

past the end of the policy period.

2. Emergency Removal Expenses

a. Coverage - "We" pay for "your" expenses

to move or store covered property to

prevent loss or damage caused by a

covered peril.

b. Time Limitation - This coverage applies

for up to 30 days after the property is first

moved.

However, this coverage does not extend

past the end of the policy period.

c. Limit - The most "we" pay in any one occurrence for expenses to move or store

covered property to prevent a loss or

damage is $1,000.

d. This Is A Separate Limit - The "limit" for

Emergency Removal Expenses is separate from, and not part of, the applicable

"limit" for coverage described under

Property Covered.

SUPPLEMENTAL COVERAGES

Provisions That Apply To Supplemental Coverages

- The following Supplemental Coverages indicate

an applicable "limit". This "limit" may also be

shown on the "schedule of coverages".

If a different "limit" is indicated on the "schedule

of coverages", that "limit" will apply instead of the

"limit" shown below.

However, if no "limit" is indicated for a Supplemental Coverage within this coverage form, coverage is provided up to the full "limit" for the

applicable covered property unless a different

"limit" is indicated on the "schedule of coverages".

Unless otherwise indicated, a "limit" for a Supplemental Coverage provided below is separate

from, and not part of, the applicable "limit" for

coverage described under Property Covered.

The "limit" available for coverage described under

a Supplemental Coverage:

a. is the only "limit" available for the described

coverage; and

b. is not the sum of the "limit" indicated for a

Supplemental Coverage and the "limit" for

coverage described under Property Covered.

The "limit" provided under a Supplemental Coverage cannot be combined or added to the "limit"

for any other Supplemental Coverage or Coverage Extension, including a Supplemental Coverage, Coverage Extension, or other coverage that

is added to this policy by endorsement.

If coinsurance provisions are part of this policy,

the following Supplemental Coverages are not

subject to and not considered in applying

coinsurance conditions.

1. Newly Acquired Art

a. Coverage - "We" cover direct physical

loss or damage caused by a covered

peril to "fine arts" that "you" acquire

during the policy period.

b. Coverage Limitation - "We" only cover

newly acquired "fine arts" while in transit

to or located at a premises that is described on the "schedule of coverages".

c. Time Limitation - This coverage applies

for up to 90 days from the date "you" acquire the "fine arts" or until "you" report

the acquired "fine arts" to "us", whichever occurs first.

However, this coverage does not extend

past the end of the policy period.

d. Additional Premium - "You" must pay any

additional premium due from the date

"you" acquire the "fine arts".

e. Limit - The most "we" pay in any one occurrence for all newly acquired "fine

arts" is 25% of the Catastrophe Limit that

is indicated on the "schedule of coverages".

2. Off-Premises Coverage

a. Coverage - "We" cover direct physical

loss or damage caused by a covered

peril to "fine arts" while temporarily away

from a premises that is described on the

"schedule of coverages" for:

(1) exhibition at a museum, gallery, or

other public premises not owned,

operated, or occupied by "you"; or

(2) framing, repair, restoration, packing,

or appraising.

b. Limit - The most "we" pay in any one occurrence for loss or damage to "fine arts"

while temporarily away from a described

premises is $10,000.

3. Property Used To Display Or Protect Art

a. Coverage - "We" cover direct physical

loss or damage caused by a covered

peril to stands, glass cases, and other

similar property used to display covered

"fine arts".

"We" will also cover protective devices

designed and used specifically to protect

covered "fine arts".

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b. Coverage Limitation - "We" only cover

property used to display or protect "fine

arts" while at a premises described on

the "schedule of coverages".

c. Limit - The most "we" pay in any one occurrence for loss or damage to property

used to display or protect "fine arts" is

$5,000.

4. Transit Coverage

a. Coverage - "We" cover direct physical

loss or damage caused by a covered

peril to covered "fine arts" in transit.

b. Limit - The most "we" pay in any one occurrence for loss or damage to "fine arts"

in transit is $10,000.

PERILS COVERED

"We" cover risks of direct physical loss or damage

unless the loss is limited or caused by a peril that

is excluded.

PERILS EXCLUDED

1. "We" do not pay for loss or damage caused

directly or indirectly by one or more of the

following excluded causes or events. Such

loss or damage is excluded regardless of

other causes or events that contribute to or

aggravate the loss, whether such causes or

events act to produce the loss before, at the

same time as, or after the excluded causes

or events.

a. Civil Authority - Order of any civil authority, including seizure, confiscation,

destruction, or quarantine of property.

"We" do cover loss or damage resulting

from acts of destruction by the civil authority to prevent the spread of fire, unless the fire is caused by a peril excluded

under this coverage.

b. Nuclear Hazard - Nuclear reaction, nuclear radiation, or radioactive contamination (whether controlled or

uncontrolled; whether caused by natural,

accidental, or artificial means). Loss

caused by nuclear hazard is not considered loss caused by fire, explosion, or

smoke. Direct loss by fire resulting from

the nuclear hazard is covered.

c. War And Military Action

(1) War, including undeclared war or

civil war;

(2) a warlike action by a military force,

including action taken to prevent or

defend against an actual or expected

attack, by any government, sovereign, or other authority using military personnel or other agents; or

(3) insurrection, rebellion, revolution, or

unlawful seizure of power including

action taken by governmental authority to prevent or defend against

any of these.

With regard to any action that comes

within the "terms" of this exclusion and

involves nuclear reaction, nuclear radiation, or radioactive contamination, this

War And Military Action exclusion will

apply in place of the Nuclear Hazard exclusion.

2. "We" do not pay for loss or damage that is

caused by or results from one or more of the

following:

a. Birds, Vermin, Rodents, Or Insects - "We"

do not pay for loss or damage caused by

or resulting from birds, vermin, rodents,

or insects.

b. Contamination Or Deterioration - "We" do

not pay for loss or damage caused by or

resulting from contamination or deterioration including, but not limited to, corrosion, decay, fungus, mildew, mold, rot,

rust, or any other quality, fault, or weakness in the covered property that causes

it to damage or destroy itself.

c. Exposure To Light - "We" do not pay for

loss or damage caused by or resulting

from exposure to light or UV rays including, but not limited to, fading or darkening resulting from exposure to light or UV

rays.

d. Missing Property - "We" do not pay for

missing property where the only proof of

loss is unexplained or mysterious disappearance of covered property, or shortage of property discovered on taking

inventory, or any other instance where

there is no physical evidence to show

what happened to the covered property.

This exclusion does not apply to covered

property in the custody of a carrier for

hire.

e. Repair, Restoration, Retouching, Framing, Or Packing - "We" do not pay for loss

or damage caused by processing of or

work upon covered property including,

but not limited to, repair, restoration, retouching, framing, or packing.

f. Temperature/Humidity - "We" do not pay

for loss or damage caused by dryness,

dampness, humidity, or changes in or

extremes of temperature.

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However, if dryness, dampness, humidity, or changes in or extremes of temperature results from a "specified peril",

"we" do cover the loss or damage

caused by that "specified peril".

g. Voluntary Parting - "We" do not pay for

loss caused by or resulting from voluntary parting with title to or possession of

any property because of any fraudulent

scheme, trick, or false pretense.

h. Wear And Tear - "We" do not pay for loss

or damage caused by wear and tear.

WHAT MUST BE DONE IN CASE OF LOSS

1. Notice - In case of a loss, "you" must:

a. give "us" or "our" agent prompt notice

including a description of the property

involved ("we" may request written notice); and

b. give notice to the police when the act that

causes the loss is a crime.

2. You Must Protect Property - "You" must take

all reasonable steps to protect covered property at and after an insured loss to avoid further loss.

a. Payment Of Reasonable Costs - "We" do

pay the reasonable costs incurred by

"you" for necessary repairs or emergency measures performed solely to

protect covered property from further

damage by a peril insured against if a

peril insured against has already caused

a loss to covered property. "You" must

keep an accurate record of such costs.

"Our" payment of reasonable costs does

not increase the "limit".

b. We Do Not Pay - "We" do not pay for such

repairs or emergency measures performed on property that has not been

damaged by a peril insured against except as covered under the Coverage Extension, Emergency Removal Expenses.

3. Proof Of Loss - "You" must send "us", within

60 days after "our" request, a signed, sworn

proof of loss. This must include the following

information:

a. the time, place, and circumstances of the

loss;

b. other policies of insurance that may

cover the loss;

c. "your" interest and the interests of all

others in the property involved, including

all mortgages and liens;

d. changes in title of the covered property

during the policy period; and

e. estimates, specifications, inventories,

and other reasonable information that

"we" may require to settle the loss.

4. Examination - "You" must submit to examination under oath in matters connected with the

loss as often as "we" reasonably request and

give "us" sworn statements of the answers. If

more than one person is examined, "we"

have the right to examine and receive statements separately and not in the presence of

others.

5. Records - "You" must produce records, including, but not limited to, tax returns and

bank microfilms of all canceled checks relating to value, loss, and expense and permit

copies and extracts to be made of them as

often as "we" reasonably request.

6. Damaged Property - "You" must exhibit the

damaged and undamaged property as often

as "we" reasonably request and allow "us" to

inspect or take samples of the property.

7. Volunteer Payments - "You" must not, except

at "your" own expense, voluntarily make any

payments, assume any obligations, pay or

offer any rewards, or incur any other expenses except as respects protecting property from further damage.

8. Abandonment - "You" may not abandon the

property to "us" without "our" written consent.

9. Cooperation - "You" must cooperate with "us"

in performing all acts required by this policy.

VALUATION

1. Fine Arts

a. Total Loss

(1) Scheduled Fine Arts - In the event of

a total loss to scheduled "fine arts",

the value will be based on the "limit"

indicated for the lost or damaged

"fine arts" on the Fine Arts Schedule.

(2) Newly Acquired Art - In the event of

a total loss to "fine arts" covered

under the Supplemental Coverage,

Newly Acquired Art, the value of the

"fine arts" will be based on the fair

market value of the lost or damaged

"fine arts" at the time of loss.

b. Partial Loss - In the event of a partial loss

or damage to a covered piece of "fine

arts":

(1) Cost To Repair Or Restore - The

value of covered "fine arts" will be

based on the cost to repair or restore the covered "fine arts" to the

condition immediately before the

loss or damage.

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(2) Diminished Value - The value of

covered "fine arts" will also be

based on the diminished value of the

covered "fine arts" that results from

partial loss or damage.

Diminished value means the reduced value of the "fine arts" based

on the difference between the value

of the covered "fine arts" before the

loss or damage and the fair market

value of the "fine arts" after the loss

or damage has been repaired and

the "fine arts" restored.

(3) Determination Of Diminished Value -

The diminished value will be determined by an independent certified

fine arts appraiser. The independent

certified fine arts appraiser may be

selected by "you", subject to "our"

approval. The cost of the appraisal

will be borne equally by "you" and

"us".

(4) Cost To Repair Or Restore Plus Diminished Value Will Not Exceed

(a) Scheduled Fine Arts - The cost

to repair or restore plus the

amount of the diminished value

will not exceed the "limit" indicated for the piece on the Fine

Arts Schedule.

(b) Newly Acquired Art - In the

event of a partial loss to "fine

arts" covered under the Supplemental Coverage, Newly Acquired Art, the cost to repair or

restore plus the amount of the

diminished value will not exceed the fair market value of the

covered "fine arts" at the time

of loss.

c. Pair Or Set - If a covered loss to "fine

arts" involves a pair or set and part of the

pair or set is undamaged:

(1) "you" may surrender the undamaged

part of the pair or set to "us", and the

covered loss will be valued on the

basis of a total loss to the entire pair

or set (refer to item 1.a. Total Loss

for the valuation of a total loss); or

(2) "you" may keep the undamaged part

of the pair or set, and the covered

loss will be valued on the basis of a

partial loss to the entire pair or set

(refer to item 1.b. Partial Loss for the

valuation of a partial loss).

2. Other Property - In the event of loss or damage to covered property other than covered

"fine arts", the value of the property will be

based on the actual cash value at the time of

the loss (with a deduction for depreciation).

HOW MUCH WE PAY

1. Insurable Interest - "We" do not cover more

than "your" insurable interest in any property.

2. Deductible - "We" pay only that part of "your"

loss over the deductible amount indicated on

the "schedule of coverages" in any one occurrence.

3. Loss Settlement Terms

a. Fine Arts - Subject to paragraphs 1., 2.,

4., 5., and 6. under How Much We Pay, in

the event of a total loss to covered "fine

arts", "we" pay the lesser of:

(1) the amount determined under Valuation; or

(2) the "limit" that applies to the covered "fine arts".

b. Other Property - Subject to paragraphs

1., 2., 4., 5., and 6. under How Much We

Pay, in the event of a total loss to covered property other than "fine arts", "we"

pay the lesser of:

(1) the amount determined under Valuation;

(2) the cost to repair, restore, or replace

the property with material of like

kind and quality to the extent practicable; or

(3) the "limit" that applies to the covered property.

4. Catastrophe Limit - The most "we" pay in any

one occurrence is the Catastrophe Limit indicated on the "schedule of coverages" regardless if an occurrence or loss involves:

a. one or more pieces of "fine arts";

b. one or more described premises; or

c. any combination of "fine arts", described

premises, or coverages described under

Coverage Extensions or Supplemental

Coverages.

5. Insurance Under More Than One Coverage -

If more than one coverage of this policy insures the same loss, "we" pay no more than

the actual claim, loss, or damage sustained.

6. Insurance Under More Than One Policy

a. Proportional Share - "You" may have another policy subject to the same "terms"

as this policy. If "you" do, "we" will pay

"our" share of the covered loss. "Our"

share is the proportion that the applicable "limit" under this policy bears to the

"limit" of all policies covering on the

same basis.

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b. Excess Amount - If there is another policy

covering the same loss, other than that

described above, "we" pay only for the

amount of covered loss in excess of the

amount due from that other policy,

whether "you" can collect on it or not. But

"we" do not pay more than the applicable

"limit".

LOSS PAYMENT

1. Loss Payment Options

a. Our Options -- In the event of loss covered by this coverage form, "we" have

the following options:

(1) pay the value of the lost or damaged

property;

(2) pay the cost of repairing, restoring,

or replacing the lost or damaged

property;

(3) repair, restore, or replace the property with other property of equivalent

kind and quality, to the extent practicable, within a reasonable time; or

(4) take all or any part of the property

at the agreed or appraised value.

b. Notice Of Our Intent To Repair, Restore,

Or Replace - "We" must give "you" notice

of "our" intent to repair, restore, or replace within 30 days after receipt of a

duly executed proof of loss.

2. Your Losses

a. Adjustment And Payment Of Loss - "We"

adjust all losses with "you". Payment will

be made to "you" unless another loss

payee is named in the policy.

b. Conditions For Payment Of Loss - An insured loss will be payable 30 days after:

(1) a satisfactory proof of loss is received; and

(2) the amount of the loss has been established either by written agreement with "you" or the filing of an

appraisal award with "us".

3. Property Of Others -

a. Adjustment And Payment Of Loss To

Property Of Others - Losses to property

of others may be adjusted with and paid

to:

(1) "you" on behalf of the owner; or

(2) the owner.

b. We Do Not Have To Pay You If We Pay

The Owner - If "we" pay the owner, "we"

do not have to pay "you". "We" may also

choose to defend any suits brought by

the owners at "our" expense.

OTHER CONDITIONS

1. Appraisal - If "you" and "we" do not agree on

the amount of the loss or the value of covered

property, either party may demand that these

amounts be determined by appraisal.

If either makes a written demand for appraisal, each will select a competent, independent appraiser and notify the other of the

appraiser's identity within 20 days of receipt

of the written demand. The two appraisers

will then select a competent, impartial

umpire. If the two appraisers are unable to

agree upon an umpire within 15 days, "you"

or "we" can ask a judge of a court of record

in the state where the property is located to

select an umpire.

The appraisers will then determine and state

separately the amount of each loss.

The appraisers will also determine the value

of covered property items at the time of the

loss, if requested.

If the appraisers submit a written report of

any agreement to "us", the amount agreed

upon will be the amount of the loss. If the

appraisers fail to agree within a reasonable

time, they will submit only their differences to

the umpire. Written agreement so itemized

and signed by any two of these three, sets the

amount of the loss.

Each appraiser will be paid by the party selecting that appraiser. Other expenses of the

appraisal and the compensation of the

umpire will be paid equally by "you" and "us".

2. Benefit To Others - Insurance under this coverage will not directly or indirectly benefit

anyone having custody of "your" property.

3. Carriers For Hire - "You" may accept bills of

lading or shipping receipts issued by carriers

for hire that limit their liability to less than the

value of the covered property.

4. Conformity With Statute - When a condition

of this coverage is in conflict with an applicable law, that condition is amended to conform

to that law.

5. Estates - This provision applies only if the insured is an individual.

a. Your Death - On "your" death, "we" cover

the following as an insured:

(1) the person who has custody of

"your" property until a legal representative is qualified and appointed;

or

(2) "your" legal representative.

This person or organization is an insured

only with respect to property covered by

this coverage.

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b. Policy Period Is Not Extended - This coverage does not extend past the policy

period.

6. Misrepresentation, Concealment, Or Fraud -

This coverage is void as to "you" and any

other insured if, before or after a loss:

a. "you" or any other insured have willfully

concealed or misrepresented:

(1) a material fact or circumstance that

relates to this insurance or the subject thereof; or

(2) "your" interest herein; or

b. there has been fraud or false swearing

by "you" or any other insured with regard

to a matter that relates to this insurance

or the subject thereof.

7. Policy Period - "We" pay for a covered loss

that occurs during the policy period.

8. Recoveries - If "we" pay "you" for the loss and

lost or damaged property is recovered, or

payment is made by those responsible for the

loss, the following provisions apply:

a. "you" must notify "us" promptly if "you"

recover property or receive payment;

b. "we" must notify "you" promptly if "we"

recover property or receive payment;

c. any recovery expenses incurred by either are reimbursed first;

d. "you" may keep the recovered property

but "you" must refund to "us" the amount

of the claim paid, or any lesser amount

to which "we" agree; and

e. if the claim paid is less than the agreed

loss due to a deductible or other limiting

"terms" of this policy, any recovery will

be pro rated between "you" and "us"

based on "our" respective interest in the

loss.

9. Restoration Of Limits - A loss "we" pay under

this coverage does not reduce the applicable

"limits" except in the event of:

a. a total loss to a scheduled item; or

b. payment of diminished value on a

scheduled item.

"We" will reduce the limit and refund the unearned premium on that item.

10. Subrogation - If "we" pay for a loss, "we" may

require "you" to assign to "us" "your" right of

recovery against others. "You" must do all

that is necessary to secure "our" rights. "We"

do not pay for a loss if "you" impair this right

to recover.

"You" may waive "your" right to recover from

others in writing before a loss occurs.

11. Suit Against Us - No one may bring a legal

action against "us" under this coverage unless:

a. all of the "terms" of this coverage have

been complied with; and

b. the suit has been brought within two

years after "you" first have knowledge of

the loss.

If any applicable law makes this limitation invalid, then suit must begin within

the shortest period permitted by law.

12. Territorial Limits - "We" cover property while

it is in the United States of America, its territories and possessions, Canada, and Puerto

Rico.

DEFINITIONS

1. "Antique" means an object having value because its:

a. craftsmanship is in the style or fashion

of former times; and

b. age is 100 years old or older.

2. "Fine arts" means paintings; etchings; pictures; tapestries; rare or art glass; art glass

windows; valuable rugs; statuary; sculptures;

"antique" furniture; "antique" jewelry; bric-abrac; porcelains; and similar property of rarity, historical value, or artistic merit.

3. "Limit" means the amount of coverage that

applies.

4. "Schedule of coverages" means:

a. all pages labeled "schedule of coverages" or schedules that pertain to this

coverage; and

b. declarations or supplemental declarations that pertain to this coverage.

5. "Sinkhole collapse" means the sudden

settlement or collapse of earth supporting the

covered property into subterranean voids

created by the action of water on a limestone

or similar rock formation. It does not include

the value of the land or the cost of filling

sinkholes.

6. "Specified perils" means aircraft; civil

commotion; explosion; falling objects; fire;

hail; leakage from fire extinguishing equipment; lightning; riot; "sinkhole collapse";

smoke; sonic boom; vandalism; vehicles;

"volcanic action"; water damage; weight of

ice, snow, or sleet; and windstorm.

Falling objects does not include loss or damage to:

a. personal property in the open; or

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b. the interior of buildings or structures or

to personal property inside buildings or

structures unless the exterior of the roofs

or walls are first damaged by a falling

object.

Water damage means the sudden or accidental discharge or leakage of water or

steam as a direct result of breaking or cracking of a part of the system or appliance containing the water or steam.

7. "Terms" means all provisions, limitations,

exclusions, conditions, and definitions that

apply.

8. "Volcanic action" means airborne volcanic

blast or airborne shock waves; ash, dust, or

particulate matter; or lava flow.

"Volcanic action" does not include the cost to

remove ash, dust, or particulate matter that

does not cause direct physical loss or damage to the covered property.

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This endorsement changes the

Fine Arts Coverage

- PLEASE READ THIS CAREFULLY -

BREAKAGE EXCLUSION

ADDITIONAL PERILS EXCLUDED

The following exclusion is added:

Breakage, Marring, And Scratching - "We" do not pay for loss or damage caused by breakage, marring,

or scratching of "fine arts".

But if breakage, marring, or scratching results in a "specified peril", "we" do cover the loss or damage

caused by that "specified peril".

Copyright, American Association of

Insurance Services, Inc., 2011 IM 7417 08 11

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This endorsement changes the

Fine Arts Coverage

- PLEASE READ THIS CAREFULLY -

DISHONEST ACTS EXCLUSION

ILLINOIS

ADDITIONAL PERIL EXCLUDED

The following exclusion is added:

Dishonest Acts - "We" do not pay for loss or damage caused by or resulting from dishonest acts including, but not limited to, dishonest acts that are criminal, fraudulent, or illegal. This exclusion applies

whether the acts are committed alone or in collusion with another by:

(1) "you";

(2) others who have an interest in the property;

(3) others to whom "you" entrust the property;

(4) "your" partners, officers, directors, trustees, or joint venturers; or

(5) the employees or agents of (1), (2), (3), or (4) above, whether or not they are at work.

However, if the loss is caused by an act arising out of a pattern of criminal domestic violence and the

perpetrator of the loss is criminally prosecuted for the act causing the loss, this exclusion does not apply

to an otherwise covered loss suffered by another insured who did not cooperate in or contribute to the

act that caused the loss.

Subject to the "terms" under How Much We Pay and all other "terms" of this policy, "our" payment to an

insured who did not cooperate in or contribute to the act that caused the loss may be limited to the

claimant's insurable interest less payments made to a mortgagee or other party with a legal secured

interest in the property.

This exclusion does not apply to acts of destruction by "your" employees, but "we" do not pay for theft

by employees.

This exclusion does not apply to covered property in the custody of a carrier for hire.

Copyright, American Association of

Insurance Services, Inc., 2012 IM 7423 04 13

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C R I M E C O V E R A G E

C

R

I

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E

C

O

V

E

R

A

G

E

C R I M E C O V E R A G E

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AGENCY PROD.

 

 41 

 RENEWAL 

 CRIME AND FIDELITY COVERAGE PART DECLARATION 

 (COMMERCIAL ENTITIES) 

 ..................................................................................... 

 COMPANY PROVIDING COVERAGE WESTFIELD INSURANCE COMPANY 

 

 12-01133 000 NAMED INSURED AND MAILING ADDRESS 

 K&S INVESTMENT PROPERTY GROUP, ESSER HAYES INS GROUP INC 

 LLC. 2000 POLARIS PKWY 

 367 BUCKINGHAM CT COLUMBUS OH 43240-2108 

 LOMBARD IL 60148 TELEPHONE 800-236-3884 

 7 928 998 .01. 1270035528 . M Policy Number: CWP WIC Account Number: 

 11/12/18 Policy From at 12:01 A.M. at your mailing address 

 11/12/19 Period To shown above. 

 ..................................................................................... 

 

 Limit of Insurance Deductible Amount 

 Insuring Agreements Per Occurrence Per Occurrence 

 *Refer to Commercial Property Expanded and/or Signature Series Schedule(s) for 

 Coverages and Limits of Insurance.* 

 Note: Employee Theft, Forgery Or Alterations, Inside The Premises - Theft Of 

 Money And Securities and Outside The Premises included in the schedule(s) apply 

 on a policy-level basis. 

 ..................................................................................... 

 Coverage is Written: Primary 

 

 ..................................................................................... 

 Included Total Advance Annual Crime Premium 

 ..................................................................................... 

 Forms and Endorsements forming part of this policy coverage when issued: 

 CR7000 0813*, CR0021 0813*, CR2547 0917*, CR0202 0118*. 

 

 ..................................................................................... 

 CANCELLATION OF PRIOR INSURANCE ISSUED BY US: 

 By acceptance of this Coverage Part / Policy you give us notice cancelling prior 

 policy Nos. _________________________; the cancellation to be effective at the 

 time this Coverage Part become effective. 

 

PAGE 01 OF 01 CR 70 00 (08-13) 11/07/18 ORIGINAL 

G0O0C0 00 (083) /0/8 OG

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CRIME AND FIDELITY

COMMERCIAL CRIME COVERAGE FORM

(LOSS SUSTAINED FORM)

Various provisions in this Policy restrict coverage.

Read the entire Policy carefully to determine

rights, duties and what is or is not covered.

Throughout this Policy, the words "you" and

"your" refer to the Named Insured shown in the

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

Other words and phrases that appear in quotation

marks have special meaning. Refer to Section F.

Definitions.

A. Insuring Agreements

Coverage is provided under the following Insuring Agreements for which a Limit Of Insurance is shown in the Declarations and

applies to loss that you sustain resulting directly from an "occurrence" taking place during the Policy Period shown in the

Declarations, except as provided in Condition

E.1.k. or E.1.l., which is "discovered" by you

during the Policy Period shown in the Declarations or during the period of time provided

in the Extended Period To Discover Loss

Condition E.1.g.:

1. Employee Theft

We will pay for loss of or damage to

"money", "securities" and "other property" resulting directly from "theft" committed by an "employee", whether

identified or not, acting alone or in

collusion with other persons.

For the purposes of this Insuring Agreement, "theft" shall also include forgery.

2. Forgery Or Alteration

a. We will pay for loss resulting directly

from "forgery" or alteration of

checks, drafts, promissory notes, or

similar written promises, orders or

directions to pay a sum certain in

"money" that are:

(1) Made or drawn by or drawn

upon you; or

(2) Made or drawn by one acting as

your agent;

or that are purported to have been

so made or drawn.

For the purposes of this Insuring

Agreement, a substitute check as

defined in the Check Clearing for the

21st Century Act shall be treated to

the same as the original it replaced.

b. If you are sued for refusing to pay

any instrument covered in Paragraph 2.a., on the basis that it has

been forged or altered, and you have

our written consent to defend

against the suit, we will pay for any

reasonable legal expenses that you

incur and pay in that defense. The

amount that we will pay for such legal expenses is in addition to the

Limit of Insurance applicable to this

Insuring Agreement.

3. Inside The Premises - Theft Of Money

And Securities

We will pay for:

a. Loss of "money" and "securities" inside the "premises" or "financial institution premises";

(1) Resulting directly from "theft"

committed by a person present

inside such "premises" or "financial institution premises"; or

(2) Resulting directly from disappearance or destruction.

b. Loss from damage to the "premises"

or its exterior resulting directly from

an actual or attempted "theft" of

"money" and "securities", if you are

the owner of the "premises" or are

liable for damage to it.

c. Loss of or damage to a locked safe,

vault, cash register, cash box or

cash drawer located inside the

"premises" resulting directly from an

actual or attempted "theft" of, or unlawful entry into, those containers.

4. Inside the Premises - Robbery Or Safe

Burglary Of Other Property

We will pay for:

a. Loss of or damage to "other property":

(1) Inside the "premises" resulting

directly from an actual or attempted "robbery" of a "custodian"; or

(2) Inside the "premises" in a safe

or vault resulting directly from

an actual or attempted "safe

burglary".

b. Loss from damage to the "premises"

or its exterior resulting directly from

an actual or attempted "robbery" or

"safe burglary" of "other property",

if you are the owner of the "premises" or are liable for damage to it.

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c. Loss of or damage to a locked safe

or vault located inside the "premises" resulting directly from an actual or attempted "robbery" or "safe

burglary".

5. Outside The Premises

We will pay for:

a. Loss of "money" and "securities"

outside the "premises" in the care

and custody of a "messenger" or an

armored motor vehicle company resulting directly from "theft", disappearance or destruction.

b. Loss of or damage to "other property" outside the "premises" in the

care and custody of a "messenger"

or an armored motor vehicle company resulting directly from an actual or attempted "robbery".

6. Computer And Funds Transfer Fraud

a. We will pay for:

(1) Loss resulting directly from a

fraudulent:

(a) Entry of "electronic data" or

"computer program" into;

or

(b) Change of "electronic data"

or "computer program"

within;

any "computer system" owned,

leased or operated by you, provided the fraudulent entry or

fraudulent change causes, with

regard to Paragraphs 6.a.(1)(a)

and 6.a.(1)(b):

(i) "Money", "securities"

or "other property" to

be transferred, paid or

delivered; or

(ii) Your account at a "financial institution" to

be debited or deleted.

(2) Loss resulting directly from a

"fraudulent instruction" directing

a "financial institution" to debit

your "transfer account" and

transfer, pay or deliver "money"

or "securities" from that account.

b. As used in Paragraph 6.a.(1),

fraudulent entry or fraudulent

change of "electronic data" or "computer program" shall include such

entry or change made by an "employee" acting, in good faith, upon a

"fraudulent instruction" received

from a computer software contractor

who has a written agreement with

you to design, implement or service

"computer programs" for a "computer system" covered under this Insuring Agreement.

7. Money Orders And Counterfeit Money

We will pay for loss resulting directly

from your having, in good faith, accepted

in exchange for merchandise, "money"

or services:

a. Money orders issued by any post office, express company or "financial

institution" that are not paid upon

presentation; or

b. "Counterfeit money" that is acquired

during the regular course of business.

B. Limit Of Insurance

The most we will pay for all loss resulting directly from an "occurrence" is the applicable

Limit Of Insurance shown in the Declarations.

If any loss is covered under more than one

Insuring Agreement or coverage, the most

we will pay for such loss shall not exceed the

largest Limit of Insurance available under any

one of those Insuring Agreements or coverages.

C. Deductible

We will not pay for loss resulting directly from

an "occurrence" unless the amount of loss

exceeds the Deductible Amount shown in the

Declarations. We will then pay the amount of

loss in excess of the Deductible Amount, up

to the Limit of Insurance.

D. Exclusions

1. This insurance does not cover:

a. Acts Committed By You, Your Partners Or Your Members

Loss resulting from "theft" or any

other dishonest act committed by:

(1) You; or

(2) Any of your partners or "members";

whether acting alone or in collusion

with other persons.

b. Acts Committed By Your Employees

Learned Of By You Prior To The Policy Period

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Loss caused by an "employee" if the

"employee" had also committed

"theft" or any other dishonest act

prior to the effective date of this insurance and you or any of your

partners, "members", "managers",

officers, directors or trustees, not in

collusion with the "employee",

learned of such "theft" or dishonest

act prior to the Policy Period shown

in the Declarations.

c. Acts Committed By Your Employees,

Managers, Directors, Trustees Or

Representatives

Loss resulting from "theft" or any

other dishonest act committed by

any of your "employees", "managers", directors, trustees or authorized representatives:

(1) Whether acting alone or in

collusion with other persons; or

(2) While performing services for

you or otherwise;

except when covered under Insuring

Agreement A.1.

d. Confidential Or Personal Information

Loss resulting from:

(1) The disclosure of your or another person's or organization's

confidential or personal information including, but not limited

to, patents, trade secrets, processing methods, customer lists,

financial information, credit card

information, health information

or any other type of nonpublic

information; or

(2) The use of another person's or

organization's confidential or

personal information including,

but not limited to, patents, trade

secrets, processing methods,

customer lists, financial information, credit card information,

health information or any other

type of non-public information.

e. Data Security Breach

Fees, costs, fines, penalties and

other expenses incurred by you

which are related to the access to

or disclosure of another person's or

organization's confidential or personal information including, but not

limited to, patents, trade secrets,

processing methods, customer lists,

financial information, credit card information, health information or any

other type of nonpublic information.

f. Governmental Action

Loss resulting from seizure or destruction of property by order of

governmental authority.

g. Indirect Loss

Loss that is an indirect result of an

"occurrence" covered by this insurance including, but not limited to,

loss resulting from:

(1) Your inability to realize income

that you would have realized

had there been no loss of or

damage to "money", "securities" or "other property";

(2) Payment of damages of any type

for which you are legally liable.

But, we will pay compensatory

damages arising directly from a

loss covered under this insurance; or

(3) Payment of costs, fees or other

expenses you incur in establishing either the existence or

the amount of loss under this

insurance.

h. Legal Fees, Costs And Expenses

Fees, costs and expenses incurred

by you which are related to any legal

action, except when covered under

Insuring Agreement A.2.

i. Nuclear Hazard

Loss or damage resulting from nuclear reaction or radiation, or radioactive contamination, however

caused.

j. Pollution

Loss or damage caused by or resulting from pollution. Pollution

means the discharge, dispersal,

seepage, migration, release or escape of any solid, liquid, gaseous or

thermal irritant or contaminant, including smoke, vapor, soot, fumes,

acids, alkalis, chemicals and waste.

Waste includes materials to be recycled, reconditioned or reclaimed.

k. War And Military Action

Loss or damage resulting from:

(1) War, including undeclared or

civil war;

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(2) Warlike action by a military

force, including action in

hindering or defending against

an actual or expected attack, by

any government, sovereign or

authority using military personnel or other agents; or

(3) Insurrection, rebellion, revolution, usurped power, or action

taken by governmental authority

in hindering or defending

against any of these.

2. Insuring Agreement A.1. does not cover:

a. Inventory Shortages

Loss, or that part of any loss, the

proof of which as to its existence or

amount is dependent upon:

(1) An inventory computation; or

(2) A profit and loss computation.

However, where you establish

wholly apart from such computations

that you have sustained a loss, then

you may offer your inventory records

and actual physical count of inventory in support of the amount of loss

claimed.

b. Trading

Loss resulting from trading, whether

in your name or in a genuine or fictitious account.

c. Warehouse Receipts

Loss resulting from the fraudulent or

dishonest signing, issuing, cancelling or failing to cancel, a warehouse

receipt or any papers connected

with it.

3. Insuring Agreements A.3., A.4. and A.5.

do not cover:

a. Accounting Or Arithmetical Errors

Or Omissions

Loss resulting from accounting or

arithmetical errors or omissions.

b. Exchanges Or Purchases

Loss resulting from the giving or

surrendering of property in any exchange or purchase.

c. Fire

Loss or damage resulting from fire,

however caused, except:

(1) Loss of or damage to "money"

and "securities"; and

(2) Loss from damage to a safe or

vault.

d. Money Operated Devices

Loss of property contained in any

money operated device unless the

amount of "money" deposited in it is

recorded by a continuous recording

instrument in the device.

e. Motor Vehicles Or Equipment And

Accessories

Loss of or damage to motor vehicles,

trailers or semi-trailers or equipment and accessories attached to

them.

f. Transfer Or Surrender Of Property

(1) Loss of or damage to property

after it has been transferred or

surrendered to a person or

place outside the "premises" or

"financial institution premises":

(a) On the basis of unauthorized instructions;

(b) As a result of a threat including, but not limited to:

(i) A threat to do bodily

harm to any person;

(ii) A threat to do damage

to any property;

(iii) A threat to introduce a

denial of service attack

into any "computer

system";

(iv) A threat to introduce a

virus or other malicious instruction into

any "computer system"

which is designed to

damage, destroy or

corrupt "electronic

data" or "computer

programs" stored

within the "computer

system";

(v) A threat to contaminate, pollute or render

substandard your products or goods; or

(vi) A threat to disseminate, divulge or utilize:

i. Your confidential

information;

ii. Confidential or

personal information of another

person or organization; or

iii. Weaknesses in the

source code within

any "computer

system".

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(2) But, this exclusion does not apply under Insuring Agreement

A.5. to loss of "money", "securities" or "other property" while

outside the "premises" in the

care and custody of a "messenger" if you:

(a) Had no knowledge of any

threat at the time the

conveyance began; or

(b) Had knowledge of a threat

at the time the conveyance

began, but the loss was not

related to the threat.

g. Vandalism

Loss from damage to the "premises"

or its exterior, or to any safe, vault,

cash register, cash box, cash drawer

or "other property" by vandalism or

malicious mischief.

h. Voluntary Parting Of Title To Or Possession Of Property

Loss resulting from your, or anyone

else acting on your express or implied authority, being induced by any

dishonest act to voluntarily part with

title to or possession of any property.

4. Insuring Agreement A.6. does not cover:

a. Authorized Access

Loss resulting from a fraudulent:

(1) Entry of "electronic data" or

"computer program" into; or

(2) Change of "electronic data" or

"computer program" within;

any "computer system" owned,

leased or operated by you by a person or organization with authorized

access to that "computer system",

except when covered under Insuring

Agreement A.6.b.

b. Credit Card Transactions

Loss resulting from the use or purported use of credit, debit, charge,

access, convenience, identification,

stored-value or other cards or the

information contained on such cards.

c. Exchanges Or Purchases

Loss resulting from the giving or

surrendering of property in any exchange or purchase.

d. Fraudulent Instructions

Loss resulting from an "employee"

or "financial institution" acting upon

any instruction to:

(1) Transfer, pay or deliver

"money", "securities" or "other

property"; or

(2) Debit or delete your account;

which instruction proves to be

fraudulent, except when covered under Insuring Agreement A.6.a.(2) or

A.6.b.

e. Inventory Shortages

Loss, or that part of any loss, the

proof of which as to its existence or

amount is dependent upon:

(1) An inventory computation; or

(2) A profit and loss computation.

E. Conditions

The following conditions apply in addition to

the Common Policy Conditions:

1. Conditions Applicable To All Insuring

Agreements

a. Additional Premises Or Employees

If, while this insurance is in force,

you establish any additional "premises" or hire additional "employees",

other than through consolidation or

merger with, or purchase or acquisition of assets or liabilities of, another entity, such "premises" and

"employees" shall automatically be

covered under this insurance. Notice to us of an increase in the number of "premises" or "employees" is

not required, and no additional premium will be charged for the remainder of the Policy Period shown

in the Declarations.

b. Concealment, Misrepresentation Or

Fraud

This insurance is void in any case

of fraud by you as it relates to this

insurance at any time. It is also void

if you or any other Insured, at any

time, intentionally conceal or misrepresents a material fact concerning:

(1) This insurance;

(2) The property covered under this

insurance;

(3) Your interest in the property

covered under this insurance;

or

(4) A claim under this insurance.

c. Consolidation - Merger Or Acquisition

If you consolidate or merge with, or

purchase or acquire the assets or liabilities of, another entity:

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(1) You must give us written notice

as soon as possible and obtain

our written consent to extend

the coverage provided by this

insurance to such consolidated

or merged entity or such purchased or acquired assets or liabilities. We may condition our

consent by requiring payment

of an additional premium; but

(2) For the first 90 days after the effective date of such consolidation, merger or purchase or

acquisition of assets or liabilities, the coverage provided by

this insurance shall apply to

such consolidated or merged

entity or such purchased or acquired assets or liabilities provided that all "occurrences"

causing or contributing to a loss

involving such consolidation,

merger or purchase or acquisition or assets or liabilities, must

take place after the effective

date of such consolidation,

merger or purchase or acquisition of assets or liabilities.

d. Cooperation

You must cooperate with us in all

matters pertaining to this insurance

as stated in the terms and conditions.

e. Duties In The Event Of Loss

After you discover a loss or a situation that may result in loss of or

damage to "money", "securities" or

"other property", you must:

(1) Notify us as soon as possible.

If you have reason to believe

that any loss (except for loss

covered under Insuring Agreement A.1. or A.2.) involves a violation of law, you must also

notify the local law enforcement

authorities;

(2) Give us a detailed, sworn proof

of loss within 120 days;

(3) Cooperate with us in the investigation and settlement of any

claim;

(4) Produce for our examination all

pertinent records;

(5) Submit to examination under

oath at our request and give us

a signed statement of your answers; and

(6) Secure all of your rights of recovery against any person or

organization responsible for the

loss and do nothing to impair

those rights.

f. Employee Benefit Plans

The "employee benefit plans" shown

in the Declarations (hereinafter referred to as Plan) are included as

insureds under Insuring Agreement

A.1. subject to the following:

(1) If any Plan is insured jointly with

any other entity under this insurance, you or the Plan Administrator is responsible for

selecting a Limit of Insurance

for Insuring Agreement A.1. that

is sufficient to provide a Limit of

Insurance for each Plan that is

at least equal to that required

under ERISA as if each Plan

were separately insured.

(2) With respect to loss sustained

or discovered by any such Plan,

Insuring Agreement A.1. is replaced by the following:

We will pay for loss of or damage to "money", "securities"

and "other property" resulting

directly from fraudulent or dishonest acts committed by an

"employee", whether identified

or not, acting alone or in

collusion with other persons.

(3) If the first Named Insured is an

entity other than a Plan, any

payment we make for loss sustained by any Plan will be made

to the Plan sustaining the loss.

(4) If two or more Plans are insured

under this insurance, any payment we make for loss:

(a) Sustained by two or more

Plans; or

(b) Of commingled "money",

"securities' or "other property" of two or more Plans;

resulting directly from an "occurrence" will be made to each

Plan sustaining loss in the proportion that the Limit of Insurance required under ERISA for

each Plan bears to the total of

those limits.

(5) The Deductible Amount applicable to Insuring Agreement A.1.

does not apply to loss sustained

by any Plan.

g. Extended Period To Discover Loss

We will pay for loss that you sustained prior to the effective date of

cancellation of this insurance, which

is "discovered" by you:

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(1) No later than one year from the

date of that cancellation. However, this extended period to

"discover" loss terminates immediately upon the effective

date of any other insurance obtained by you, whether from us

or another insurer, replacing in

whole or in part the coverage

afforded under this insurance,

whether or not such other insurance provides coverage for

loss sustained prior to its effective date.

(2) No later than one year from the

date of that cancellation with

regard to any "employee benefit

plan".

h. Joint Insured

(1) If more than one Insured is

named in the Declarations, the

first Named Insured will act for

itself and for every other Insured

for all purposes of this insurance. If the first Named Insured

ceases to be covered, then the

next Named Insured will become the first Named Insured.

(2) If any Insured, or partner,

"member" or officer of that Insured has knowledge of any information relevant to this

insurance, that knowledge is

considered knowledge of every

Insured.

(3) An "employee" of any Insured is

considered to be an "employee"

of every Insured.

(4) If this insurance or any of its

coverages are cancelled as to

any Insured, loss sustained by

that Insured is covered only if it

is "discovered" by you:

(a) No later than one year from

the date of that cancellation. However, this extended period to "discover"

loss terminates immediately upon the effective

date of any other insurance

obtained by that Insured,

whether from us or another

insurer, replacing in whole

or in part the coverage afforded under this insurance, whether or not such

other insurance provides

coverage for loss sustained

prior to its effective date.

(b) No later than one year from

the date of that cancellation

with regard to any "employee benefit plan".

(5) We will not pay more for loss

sustained by more than one Insured than the amount we

would pay if all such loss had

been sustained by one Insured.

(6) Payment by us to the first

Named Insured for loss sustained by any Insured, or payment by us to any "employee

benefit plan" for loss sustained

by that Plan, shall fully release

us on account of such loss.

i. Legal Action Against Us

You may not bring any legal action

against us involving loss:

(1) Unless you have complied with

all the terms of this insurance;

(2) Until 90 days after you have filed

proof of loss with us; and

(3) Unless brought within two years

from the date you "discovered"

the loss.

If any limitation in this condition is

prohibited by law, such limitation is

amended so as to equal the minimum period of limitation provided by

such law.

j. Liberalization

If we adopt any revision that would

broaden the coverage under this insurance without additional premium

within 45 days prior to or during the

Policy Period shown in the Declarations, the broadened coverage will

immediately apply to this insurance.

k. Loss Sustained During Prior Insurance Issued By Us Or Any Affiliate

(1) Loss Sustained Partly During

This Insurance And Partly During Prior Insurance

If you "discover" loss during the

Policy Period shown in the Declarations, resulting from an "occurrence" taking place:

(a) Partly during the Policy Period shown in the Declarations; and

(b) Partly during the policy

period(s) of any prior cancelled insurance that we or

any affiliate issued to you

or any predecessor in interest;

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and this insurance became effective at the time of cancellation of the prior insurance, we

will first settle the amount of

loss that you sustained during

this policy period. We will then

settle the remaining amount of

loss that you sustained during

the policy period(s) of the prior

insurance.

(2) Loss Sustained Entirely During

Prior Insurance

If you "discover" loss during the

Policy Period shown in the Declarations, resulting directly from

an "occurrence" taking place

entirely during the policy

period(s) of any prior cancelled

insurance that we or any affiliate issued to you or any predecessor in interest, we will pay

for the loss, provided:

(a) This insurance became effective at the time of cancellation of the prior

insurance; and

(b) The loss would have been

covered under this insurance had it been in effect

at the time of the "occurrence".

We will first settle the amount

of loss that you sustained during

the most recent prior insurance.

We will then settle any remaining amount of loss that you sustained during the policy

period(s) of any other prior insurance.

(3) In settling loss under Paragraphs k.(1) and k.(2):

(a) The most we will pay for the

entire loss is the highest

single Limit of Insurance

applicable during the period of loss, whether such

limit was written under this

insurance or was written

under the prior insurance

issued by us.

(b) We will apply the applicable

Deductible Amount shown

in the Declarations to the

amount of loss sustained

under this insurance. If no

loss was sustained under

this insurance, we will apply the Deductible Amount

shown in the Declarations

to the amount of loss sustained under the most recent prior insurance.

If the Deductible Amount is

larger than the amount of

loss sustained under this

insurance, of the most recent prior insurance, we

will apply the remaining

Deductible Amount to the

remaining amount of loss

sustained during the prior

insurance.

We will not apply any other

Deductible Amount that

may have been applicable

to the loss.

(4) The following examples demonstrate how we will settle losses

subject to this condition:

Example Number 1

The Insured sustained a covered loss of $10,000 resulting

directly from an "occurrence"

taking place during the terms of

Policy A and Policy B.

Policy A

The current policy. Written at a

Limit of Insurance of $50,000 and

a Deductible Amount of $5,000.

Policy B

Issued prior to Policy A. Written

at a Limit of Insurance of $50,000

and a Deductible Amount of

$5,000.

The amount of loss sustained

under Policy A is $2,500 and under Policy B, $7,500.

The highest single Limit of Insurance applicable to this entire

loss is $50,000 written under

Policy A. The Policy A Deductible Amount of $5,000 applies.

The loss is settled as follows:

(a) The amount of loss sustained under Policy A

($2,500) is settled first. The

amount we will pay is nil

($0.00) because the amount

of loss is less than the

Deductible Amount (i.e.,

$2,500 loss - $5,000 deductible = $0.00)

(b) The remaining amount of

loss sustained under Policy

B ($7,500) is settled next.

The amount recoverable is

$5,000 after the remaining

Deductible Amount from

Policy A of $2,500 is applied

to the loss (i.e., $7,500 loss

- $2,500 deductible =

$5,000).

The most we will pay for this

loss is $5,000.

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Example Number 2

The Insured sustained a covered loss of $250,000 resulting

directly from an "occurrence"

taking place during the terms of

Policy A and Policy B.

Policy A

The current policy. Written at a

Limit of Insurance of $125,000

and a Deductible Amount of

$10,000.

Policy B

Issued prior to Policy A. Written

at a Limit of Insurance of

$150,000 and a Deductible

Amount of $25,000.

The amount of loss sustained

under Policy A is $175,000 and

under Policy B, $75,000

The highest single Limit of Insurance applicable to this entire

loss is $150,000 written under

Policy B. The Policy A Deductible Amount of $10,000 applies.

The loss is settled as follows:

(a) The amount of loss sustained under Policy A

($175,000) is settled first.

The amount we will pay is

the Policy A Limit of

$125,000 because $175,000

loss - $10,000 deductible =

$165,000, which is greater

than the $125,000 policy

limit.

(b) The remaining amount of

loss sustained under Policy

B ($75,000) is settled next.

The amount we will pay is

$25,000 (i.e., $150,000 Policy

B limit - $125,000 paid under

Policy A = $25,000).

The most we will pay for this

loss is $150,000.

Example Number 3

The Insured sustained a covered loss of $2,000,000 resulting

directly from an "occurrence"

taking place during the terms of

Policies A, B, C and D.

Policy A

The current policy. Written at a

Limit of Insurance of $1,000,000

and a Deductible Amount of

$100,000.

Policy B

Issued prior to Policy A. Written

at a Limit of Insurance of

$750,000 and a Deductible

Amount of $75,000.

Policy C

Issued prior to Policy B. Written

at a Limit of Insurance of

$500,000 and a Deductible

Amount of $50,000.

Policy D

Issued prior to Policy C. Written

at a Limit of Insurance of

$500,000 and a Deductible

Amount of $50,000.

The amount of loss sustained

under Policy A is $350,000, under Policy B, is $250,000, under

Policy C, $600,000 and under

Policy D, $800,000.

The highest single Limit of Insurance applicable to this entire

loss is is $1,000,000 written under Policy A. The Policy A

Deductible Amount of $100,000

applies. The loss is settled as

follows:

(a) The amount of loss sustained under Policy A

($350,000) is settled first.

The amount we will pay is

$250,000 (i.e., $350,000 loss

- $100,000 deductible =

$250,000).

(b) The amount of loss sustained under Policy B

($250,000) is settled next.

The amount we will pay is

$250,000 (no deductible is

applied).

(c) The amount of loss sustained under Policy C

($600,000) is settled next.

The amount we will pay is

$500,000, the policy limit (no

deductible is applied).

(d) We will not make any further payment under Policy

D, as the maximum amount

payable under the highest

single Limit of Insurance

applying to the loss of

$1,000,000 under Policy A

has been satisfied.

The most we will pay for the

loss is $1,000,000.

l. Loss Sustained During Prior Insurance Not Issued By Us Or Any Affiliate

(1) If you "discover" loss during the

Policy Period shown in the Declarations, resulting directly from

an "occurrence" taking place

during the policy period of any

prior cancelled insurance that

was issued to you or a predecessor in interest by another

company, and the period of time

to discover loss under that insurance had expired, we will

pay for the loss under this insurance, provided:

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(a) This insurance became effective at the time of cancellation of the prior

insurance; and

(b) The loss would have been

covered under this insurance had it been in effect

at the time of the "occurrence".

(2) In settling loss subject to this

condition:

(a) The most we will pay for the

entire loss is the lesser of

the Limits of Insurance applicable during the period

of loss, whether such limit

was written under this insurance or was written under the prior cancelled

insurance.

(b) We will apply the applicable

Deductible Amount shown

in the Declarations to the

amount of loss sustained

under the prior cancelled

insurance.

(3) The insurance provided under

this condition is subject to the

following:

(a) If loss covered under this

condition is also partially

covered under Condition

E.1.k, the amount recoverable under this condition is

part of, not in addition to,

the amount recoverable under Condition E.1.k.

(b) For loss covered under this

condition that is not subject

to Paragraph l.(3)(a), the

amount recoverable under

this condition is part of, not

in addition to, the Limit of

Insurance applicable to the

loss covered under this insurance and is limited to

the lesser of the amount

recoverable under:

(i) This insurance as of its

effective date; or

(ii) The prior cancelled insurance had it remained in effect.

m. Other Insurance

If other valid and collectible insurance is available to you for loss

covered under this insurance, our

obligations are limited as follows:

(1) Primary Insurance

When this insurance is written

as primary insurance, and:

(a) You have other insurance

subject to the same terms

and conditions as this insurance, we will pay our

share of the covered loss.

Our share is the proportion

that the applicable Limit Of

Insurance shown in the

Declarations bears to the

total limit of all insurance

covering the same loss.

(b) You have other insurance

covering the same loss

other than that described in

Paragraph m.(1)(a), we will

only pay for the amount of

loss that exceeds:

(i) The Limit of Insurance

and Deductible Amount

of that other insurance,

whether you can collect on it or not; or

(ii) The Deductible Amount

shown in the Declarations;

whichever is greater. Our

payment for loss is subject

to the terms and conditions

of this insurance.

(2) Excess Insurance

(a) When this insurance is

written excess over other

insurance, we will only pay

for the amount of loss that

exceeds the Limit Of Insurance and Deductible

Amount of that other insurance, whether you can collect on it or not. Our

payment for loss is subject

to the terms and conditions

of this insurance.

(b) However, if loss covered

under this insurance is

subject to a deductible, we

will reduce the Deductible

Amount shown in the Declarations by the sum total

of all such other insurance

plus any Deductible Amount

applicable to that other insurance.

n. Ownership Of Property; Interests

Covered

The property covered under this insurance is limited to property:

(1) That you own or lease;

(2) That is held by you in any capacity; or

(3) For which you are legally liable,

provided you were liable for the

property prior to the time the

loss was sustained.

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However, this insurance is for your

benefit only. It provides no rights or

benefits to any other person or organization. Any claim for loss that

is covered under this insurance must

be presented by you.

o. Records

You must keep records of all property covered under this insurance so

we can verify the amount of any loss.

p. Recoveries

(1) Any recoveries, whether effected before or after any payment under this insurance,

whether made by us or by you,

shall be applied net of the expense of such recovery:

(a) First, to you in satisfaction

of your covered loss in excess of the amount paid

under this insurance;

(b) Second, to us in satisfaction

of amounts paid in settlement of your claim;

(c) Third, to you in satisfaction

of any Deductible Amount;

and

(d) Fourth, to you in satisfaction of any loss not covered

under this insurance.

(2) Recoveries do not include any

recovery:

(a) From insurance, suretyship,

reinsurance, security or

indemnity taken for our

benefit; or

(b) Of original "securities" after

duplicates of them have

been issued.

q. Territory

This insurance covers loss that you

sustain resulting directly from an

"occurrence" taking place within the

United States of America (including

its territories and possessions),

Puerto Rico and Canada.

r. Transfer Of Your Rights Of Recovery

Against Others To Us

You must transfer to us all your

rights of recovery against any person or organization for any loss you

sustained and for which we have

paid or settled. You must also do

everything necessary to secure

those rights and do nothing after

loss to impair them.

s. Valuation - Settlement

The value of any loss for purposes

of coverage under this insurance

shall be determined as follows:

(1) Money

Loss of "money" but only up to

and including its face value. We

will, at your option, pay for loss

of "money" issued by any country other than the United States

of America:

(a) At face value in the

"money" issued by that

country; or

(b) In the United States of

America dollar equivalent,

determined by the rate of

exchange published in The

Wall Street Journal on the

day the loss was "discovered".

(2) Securities

Loss of "securities" but only up

to and including their value at

the close of business on the day

the loss was "discovered". We

may, at our option:

(a) Pay the market value of

such "securities" or replace

them in kind, in which event

you must assign to us all

your rights, title and interest in and to those "securities"; or

(b) Pay the cost of any Lost

Securities Bond required in

connection with issuing duplicates of the "securities".

However, we will be liable

only for the payment of so

much of the cost of the

bond as would be charged

for a bond having a penalty

not exceeding the lesser of

the:

(i) Market value of the

"securities" at the

close of business on

the day the loss was

"discovered"; or

(ii) Limit of Insurance applicable to the "securities".

(3) Property Other Than Money And

Securities

(a) Loss of or damage to "other

property" or loss from

damage to the "premises"

or its exterior for the replacement cost of the property without deduction for

depreciation. However, we

will not pay more than the

least of the following:

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(i) The Limit of Insurance

applicable to the lost

or damaged property;

(ii) The cost to replace the

lost or damaged property with property of

comparable material

and quality and used

for the same purpose;

or

(iii) The amount you actually spend that is necessary to repair or

replace the lost or

damaged property.

(b) We will not pay on a replacement cost basis for

any loss or damage to

property covered under

Paragraph s.(3)(a):

(i) Until the lost or damaged property is actually repaired or

replaced; and

(ii) Unless the repairs or

replacement is made

as soon as reasonably

possible after the loss

or damage.

If the lost or damaged

property is not repaired or

replaced, we will pay on an

actual cash value basis.

(c) We will, at your option, pay

for loss or damage to such

property:

(i) In the "money" of the

country in which the

loss or damage was

sustained; or

(ii) In the United States of

America dollar equivalent of the "money" of

the country in which

the loss or damage

was sustained, determined by the rate of

exchange published in

The Wall Street Journal

on the day the loss was

"discovered".

(d) Any property that we pay

for or replace becomes our

property.

2. Conditions Applicable To Insuring

Agreement A.1.

a. Termination As To Any Employee

This Insuring Agreement terminates as to any "employee":

(1) As soon as:

(a) You; or

(b) Any of your partners,

"members", "managers", officers, directors

or trustees not in

collusion with the "employee";

learn of "theft" or any other

dishonest act committed by

the "employee" whether

before or after becoming

employed by you; or

(2) On the date specified in a

notice mailed to the first

Named Insured. That date

will be at least 30 days after

the date of mailing.

We will mail or deliver our

notice to the first Named

Insured's last mailing address known to us. If notice

is mailed, proof of mailing

will be sufficient proof of

notice.

b. Territory

We will pay for loss caused by

any "employee" while temporarily outside the territory specified in Territory Condition E.1.q.

for a period of not more than 90

consecutive days.

3. Conditions Applicable To Insuring

Agreement A.2.

a. Deductible Amount

The Deductible Amount does

not apply to legal expenses paid

under Insuring Agreement A.2.

b. Electronic And Mechanical Signatures

We will treat signatures that are

produced or reproduced electronically, mechanically or by

other means the same as handwritten signatures.

c. Proof Of Loss

You must include with your

proof of loss any instrument involved in that loss or, if that is

not possible, an affidavit setting

forth the amount and cause of

loss.

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d. Territory

We will cover loss that you sustain resulting directly from an

"occurrence" taking place anywhere in the world. Territory

Condition E.1.q. does not apply

to Insuring Agreement A.2.

4. Conditions Applicable To Insuring

Agreements A.4. And A.5.

a. Armored Motor Vehicle Companies

Under Insuring Agreement A.5.,

we will only pay for the amount

of loss you cannot recover:

(1) Under your contract with

the armored motor vehicle

company; and

(2) From any insurance or

indemnity carried by, or for

the benefit of customers of,

the armored motor vehicle

company.

b. Special Limit Of Insurance For

Specified Property

We will only pay up to $5,000 for

any one "occurrence" of loss of

or damage to:

(1) Precious metals, precious

or semi-precious stones,

pearls, furs, or completed

or partially completed articles made of or containing

such materials that constitute the principal value of

such articles; or

(2) Manuscripts, drawings, or

records of any kind or the

cost of reconstructing them

or reproducing any information contained in them.

5. Conditions Applicable To Insuring

Agreement A.6.

a. Special Limit Of Insurance for

Specified Property

We will only pay up to $5,000 for

any one "occurrence" of loss of

or damage to manuscripts,

drawings, or records of any

kind, or the cost of reconstructing them or reproducing any information contained in them.

b. Territory

We will cover loss that you sustain resulting directly from an

"occurrence" taking place anywhere in the world. Territory

Condition E.1.q. does not apply

to Insuring Agreement A.6.

F. Definitions

1. "Computer program" means a set of

related electronic instructions, which

direct the operation and function of

a computer or devices connected to

it, which enable the computer or devices to receive, process, store or

send "electronic data".

2. "Computer system" means:

a. Computers, including Personal

Digital Assistants (PDAs) and

other transportable or handheld

devices, electronic storage devices and related peripheral

components;

b. Systems and applications software; and

c. Related communications networks;

by which "electronic data" is collected, transmitted, processed,

stored or retrieved.

3. "Counterfeit money" means an imitation of "money" which is intended

to deceive and to be taken as genuine.

4. "Custodian" means you, or any of

your partners or "members", or any

"employee" while having care and

custody of property inside the

"premises", excluding any person

while acting as a "watchperson" or

janitor.

5. "Discover" or "discovered" means

the time when you first become

aware of facts which would cause a

reasonable person to assume that a

loss of a type covered by this insurance has been or will be incurred,

regardless of when the act or acts

causing or contributing to such loss

occurred, even though the exact

amount or details of loss may not

then be known.

"Discover" or "discovered" also

means the time when you first receive notice of an actual or potential

claim in which it is alleged that you

are liable to a third party under circumstances which, if true, would

constitute a loss under this insurance.

6. "Electronic data" means information,

facts, images or sounds stored as or

on, created or used on, or transmitted to or from computer software

(including systems and applications

software) on data storage devices,

including hard or floppy disks,

CD-ROMs, tapes, drives, cells, data

processing devices or any other

media which are used with electronically controlled equipment.

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7. "Employee":

a. Means:

(1) Any natural person:

(a) While in your service

and for the first 30 days

immediately after termination of service,

unless such termination is due to "theft"

or any dishonest act

committed by the "employee";

(b) Whom you compensate

directly by salary,

wages or commissions;

and

(c) Whom you have the

right to direct and control while performing

services for you;

(2) Any natural person who is

furnished temporarily to

you:

(a) To substitute for a permanent "employee", as

defined in Paragraph

7.a.(1), who is on leave;

or

(b) To meet seasonal or

short-term work load

conditions;

while that person is subject

to your direction and control and performing services for you;

(3) Any natural person who is

leased to you under a written agreement between you

and a labor leasing firm, to

perform duties related to

the conduct of your business, but does not mean a

temporary "employee" as

defined in Paragraph

7.a.(2);

(4) Any natural person who is:

(a) A trustee, officer, employee, administrator

or manager, except an

administrator or manager who is an independent contractor, of

any "employee benefit

plan"; or

(b) Your director or trustee

while that person is

engaged in handling

"money", "securities"

or "other property" of

any "employee benefit

plan";

(5) Any natural person who is

a former "employee", partner, "member", "manager",

director, or trustee retained

by you as a consultant

while performing services

for you;

(6) Any natural person who is

a guest student or intern

pursuing studies or duties;

(7) Any natural person employed by an entity merged

or consolidated with you

prior to the effective date of

this Policy; and

(8) Any natural person who is

your "manager", director or

trustee while:

(a) Performing acts within

the scope of the usual

duties of an "employee"; or

(b) Acting as a member of

any committee duly

elected or appointed by

resolution of your

board of directors or

board of trustees to

perform specific, as

distinguished from

general, directorial

acts on your behalf.

b. Does not mean:

Any agent, broker, factor, commission merchant, consignee,

independent contractor or representative of the same general

character not specified in Paragraph 7.a.

8. "Employee benefit plan" means any

welfare or pension benefit plan

shown in the Declarations that you

sponsor and that is subject to the

Employee Retirement Income Security Act of 1974 (ERISA) and any

amendments thereto.

9. "Financial institution" means:

a. With regard to Insuring Agreement A.3.:

(1) A bank, savings bank,

savings and loan association, trust company, credit

union or similar depository

institution; or

(2) An insurance company.

b. With regard to Insuring Agreement A.6.:

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(1) A bank, savings bank,

savings and loan association, trust company, credit

union or similar depository

institution;

(2) An insurance company; or

(3) A stock brokerage firm or

investment company.

10. "Financial institution premises"

means the interior of that portion of

any building occupied by a "financial

institution".

11. "Forgery" means the signing of the

name of another person or organization with intent to deceive; it does

not mean a signature which consists

in whole or in part of one's own

name signed with or without authority, in any capacity, for any purpose.

12. "Fraudulent instruction" means:

a. With regard to Insuring Agreement A.6.a.(2):

(1) A computer, telegraphic,

cable, teletype, telefacsimile, telephone or other

electronic instruction directing a "financial institution" to debit your "transfer

account" and to transfer,

pay or deliver "money" or

"securities" from that

"transfer account", which

instruction purports to have

been issued by you, but

which in fact was fraudulently issued by someone

else without your knowledge or consent.

(2) A written instruction (other

than those covered under

Insuring Agreement A.2.)

issued to a "financial institution" directing the "financial institution" to debit your

"transfer account" and to

transfer, pay or deliver

"money" or "securities"

from that "transfer account", through an electronic funds transfer system

at specified times or under

specified conditions, which

instruction purports to have

been issued by you, but

which in fact was issued,

forged or altered by someone else without your

knowledge or consent.

(3) A computer, telegraphic,

cable, teletype, telefacsimile, telephone or other

electronic or written instruction initially received

by you, which instruction

purports to have been issued by an "employee", but

which in fact was fraudulently issued by someone

else without your or the

"employee's" knowledge or

consent.

b. With regard to Insuring Agreement A.6.b.:

A computer, telegraphic, cable,

teletype, telefacsimile, telephone or other electronic, written or voice instruction directing

an "employee" to enter or

change "electronic data" or

"computer programs" within a

"computer system" covered under the Insuring Agreement,

which instruction in fact was

fraudulently issued by your

computer software contractor.

13. "Manager" means a natural person

serving in a directorial capacity for

a limited liability company.

14. "Member" means an owner of a limited liability company represented

by its membership interest who, if a

natural person, may also serve as a

"manager".

15. "Messenger" means you, or your

relative, or any of your partners or

"members", or any "employee" while

having care and custody of property

outside the "premises".

16. "Money" means:

a. Currency, coins and bank notes

in current use and having a face

value;

b. Traveler's checks and money

orders held for sale to the public; and

c. In addition, includes:

(1) Under Insuring Agreements

A.1. and A.2., deposits in

your account at any financial institution;and

(2) Under Insuring Agreement

A.6., deposits in your account at a "financial institution" as defined in

Paragraph F.9.b.

17. "Occurrence" means:

a. Under Insuring Agreement A.1.:

(1) An individual act;

(2) The combined total of all

separate acts whether or

not related; or

(3) A series of acts whether or

not related;

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committed by an "employee"

acting alone or in collusion with

other persons, during the Policy

Period shown in the Declarations, except as provided under

Condition E.1.k. or E.1.l.

b. Under Insuring Agreement A.2.:

(1) An individual act;

(2) The combined total of all

separate acts whether or

not related; or

(3) A series of acts whether or

not related;

committed by a person acting

alone or in collusion with other

persons, involving one or more

instruments, during the Policy

Period shown in the Declarations, except as provided under

Condition E.1.k. or E.1.l.

c. Under all other Insuring Agreement:

(1) An individual act or event;

(2) The combined total of all

separate acts or events

whether or not related; or

(3) A series of acts or events

whether or not related;

committed by a person acting

alone or in collusion with other

persons, or not committed by

any person, during the Policy

Period shown in the Declarations, except as provided under

Condition E.1.k. or E.1.l.

18. "Other property" means any tangible

property other than "money" and

"securities" that has intrinsic value.

"Other property" does not include

"computer programs", "electronic

data" or any property specifically

excluded under this insurance.

19. "Premises" means the interior of

that portion of any building you occupy in conducting your business.

20. "Robbery" means the unlawful taking of property from the care and

custody of a person by one who has:

a. Caused or threatened to cause

that person bodily harm; or

b. Committed an obviously unlawful act witnessed by that person.

21. "Safe burglary" means the unlawful

taking of:

a. Property from within a locked

safe or vault by a person unlawfully entering the safe or

vault as evidenced by marks of

forcible entry upon its exterior;

or

b. A safe or vault from inside the

"premises".

22. "Securities" means negotiable and

nonnegotiable instruments or contracts representing either "money"

or property and includes:

a. Tokens, tickets, revenue and

other stamps (whether represented by actual stamps or unused value in a meter) in

current use; and

b. Evidences of debt issued in

connection with credit or charge

cards, which cards are not issued by you;

but does not include "money".

23. "Theft" means the unlawful taking of

property" to the deprivation of the

Insured.

24. "Transfer account" means an account maintained by you at a "financial institution" from which you can

initiate the transfer, payment or delivery of "money" or "securities":

a. By means of computer, telegraphic, cable, teletype, telefacsimile, telephone or other

electronic instructions; or

b. By means of written instructions

(other than those covered under

Insuring Agreement A.2.) establishing the conditions under

which such transfers are to be

initiated by such "financial institution" through an electronic

funds transfer system.

25. "Watchperson" means any person

you retain specifically to have care

and custody of property inside the

"premises" and who has no other

duties.

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CRIME AND FIDELITY

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

U.S. DEPARTMENT OF LABOR -

ERISA PLAN COVERAGE AMENDMENTS

This endorsement modifies insurance provided under the following:

COMMERCIAL CRIME COVERAGE FORM

COMMERCIAL CRIME POLICY

EMPLOYEE THEFT AND FORGERY POLICY

With regard to coverage provided for "employee

benefit plans", the provisions of the Coverage

Form or Policy to which this endorsement is attached apply, unless modified by this endorsement.

A. Under Section D. Exclusions:

1. In Section D.1.:

a. The Acts Committed By You, Your

Partners Or Your Members Exclusion

is replaced by the following:

Acts Committed By You, Your Partners Or Your Members

Loss resulting from "theft" or any

other dishonest or fraudulent act

committed by:

(1) You; or

(2) Any of your partners or "members"; whether acting alone or

in collusion with other persons,

except while handling "money",

"securities" or "other property"

of an "employee benefit plan".

b. The Confidential Or Personal Information Exclusion is replaced by the

following:

Confidential Or Personal Information

Loss resulting from:

(1) The disclosure or use of another

person's or organization's confidential or personal information, except as provided in

Paragraph (2).

(2) The disclosure of your or an

"employee benefit plan" participant's confidential or personal

information. However, this Paragraph (2) does not apply to

loss otherwise covered under

Insuring Agreement A.1. that

results directly from the use of

your or an "employee benefit

plan" participant's confidential

or personal information.

For the purposes of this exclusion, confidential or personal

information includes, but is not

limited to, patents, trade secrets, processing methods, customer lists, financial

information, credit card information, health information, retirement or health savings

account information or any

other type of nonpublic information.

2. In Section D.2.:

a. The Trading Exclusion is deleted.

b. The Warehouse Receipts Exclusion

is deleted.

B. Paragraph (2) of the Employee Benefit Plans

Condition is replaced by the following:

(2) With respect to loss sustained

or "discovered" by any such

Plan, Insuring Agreement A.1. is

replaced by the following:

We will pay for loss of or damage to "money", "securities" and

"other property" resulting directly from fraudulent or dishonest acts committed by an

"employee" whether identified

or not, sole proprietor, partner

or "member" acting alone or in

collusion with other persons

while such "employee", sole

proprietor, partner or "member"

is handling "money", "securities" or "other property" of an

"employee benefit plan".

C. Paragraph a. of the definition of "occurrence"

is replaced by the following:

a. Under Insuring Agreement A.1.:

(1) An individual act;

(2) The combined total of all separate acts whether or not related;

or

© Insurance Services Office, Inc., 2017 CR 25 47 09 17

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(3) A series of acts whether or not

related; committed by an "employee", sole proprietor, partner

or "member" acting alone or in

collusion with other persons,

during the Policy Period shown

in the Declarations, before such

Policy Period or both.

CR 25 47 09 17

Page 2 of 2

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CRIME AND FIDELITY

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

ILLINOIS CHANGES

This endorsement modifies insurance provided under the following:

COMMERCIAL CRIME COVERAGE FORM

COMMERCIAL CRIME POLICY

EMPLOYEE THEFT AND FORGERY POLICY

GOVERNMENT CRIME COVERAGE FORM

GOVERNMENT CRIME POLICY

GOVERNMENT EMPLOYEE THEFT AND FORGERY POLICY

KIDNAP/RANSOM AND EXTORTION COVERAGE FORM

KIDNAP/RANSOM AND EXTORTION POLICY

A. The Cancellation Common Policy Condition

or the Cancellation Of Policy Condition is replaced by the following:

(1) The first Named Insured shown

in the Declarations may cancel

this Policy by mailing to us advance written notice of cancellation.

(2) We may cancel this Policy by

mailing to you written notice

stating the reason for cancellation at your last mailing address

known to us. Proof of mailing

will be sufficient proof of notice.

(3) If we cancel for:

(a) Nonpayment of premium,

we will mail the notice at

least 10 days prior to the

effective date of cancellation.

(b) A reason other than nonpayment of premium, we

will mail the notice at least:

(i) 30 days prior to the effective date of cancellation if the Policy has

been in effect for 60

days or less.

(ii) 60 days prior to the effective date of cancellation if the Policy has

been in effect for more

than 60 days.

(4) If this Policy has been in effect

for more than 60 days, we may

cancel only for one or more of

the following reasons:

(a) Nonpayment of premium;

(b) The Policy was obtained

through a material misrepresentation;

(c) Any Insured has violated

any of the terms and conditions of the Policy;

(d) The risk originally accepted

has measurably increased;

(e) Certification to the Director

of Insurance of the loss of

reinsurance by the insurer

that provided coverage to

us for all or a substantial

part of the underlying risk

insured; or

(f) A determination by the Director of Insurance that the

continuation of the Policy

could place us in violation

of the insurance laws of this

State.

(5) Notice of cancellation will state

the effective date of cancellation. The policy period will end

on that date.

(6) If this Policy is cancelled, we

will send the first Named Insured any premium refund due.

If we cancel, the refund will be

pro rata. If the first Named Insured cancels, the refund will be

less than pro rata. The cancellation will be effective even if

we have not offered a refund.

© Insurance Services Office, Inc., 2017 CR 02 02 01 18

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(7) Notification of cancellation will

also be sent to your broker, if

known, or agent of record, if

known.

B. The following is added and supersedes any

other provision to the contrary:

Nonrenewal

If we decide not to renew or continue this

Policy, we will mail you written notice, stating

the reason for nonrenewal, at least 60 days

before the end of the policy period. Proof of

mailing will be sufficient proof of notice. Notification of nonrenewal will also be sent to

your broker, if known, or agent of record, if

known. If we offer to renew or continue and

you do not accept, this Policy will terminate

at the end of the current policy period. Failure to pay the required renewal or continuation premium when due shall mean that you

have not accepted our offer.

If we fail to mail proper written notice of

nonrenewal and you obtain other insurance,

this Policy will end on the effective date of

that insurance.

C. Under the Commercial Crime Coverage

Form, Commercial Crime Policy, Government

Crime Coverage Form, Government Crime

Policy, Employee Theft And Forgery Policy,

and Government Employee Theft And Forgery

Policy, the Legal Action Against Us Condition

is replaced by the following:

Legal Action Against Us:

You may not bring any legal action against

us involving loss:

1. Unless you have complied with all the

terms of this insurance;

2. Until 90 days after you have filed proof

of loss with us; and

3. Unless brought within two years from the

date you discover the loss. But we will

extend this two-year period by the number of days between the date proof of

loss is filed and the date the claim is denied in whole or in part.

D. Under the Kidnap/Ransom and Extortion

Coverage Form and Kidnap/Ransom and

Extortion Policy, the Legal Action Against Us

Condition is replaced by the following:

Legal Action Against Us

You may not bring any legal against us involving loss:

1. Unless you have complied with all the

terms of this insurance;

2. Until 90 days after you have filed proof

of loss with us; and

3. Unless brought within two years from the

date you reported the loss to us. But we

will extend this two-year period by the

number of days between the date proof

of loss is filed and the date the claim is

denied in whole or in part.

CR 02 02 01 18

Page 2 of 2

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COMPLAINT

EXHIBIT

2

FILED

3/19/2020 2:12 PM

DOROTHY BROWN

CIRCUIT CLERK

COOK COUNTY, IL

2020CH03358

8916571

Courtroom Number: 2305

Location: District 1 Court

 Cook County, IL FILED DATE: 3/19/2020 2:12 PM 2020CH03358

Case: 1:20-cv-02426 Document #: 1-1 Filed: 04/20/20 Page 198 of 239 PageID #:201
Comp. Ex. 2 -- p. 001 FILED DATE: 3/19/2020 2:12 PM 2020CH03358

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Comp. Ex. 2 -- p. 002 FILED DATE: 3/19/2020 2:12 PM 2020CH03358

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Comp. Ex. 2 -- p. 003 FILED DATE: 3/19/2020 2:12 PM 2020CH03358

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COMPLAINT

EXHIBIT

3

FILED

3/19/2020 2:12 PM

DOROTHY BROWN

CIRCUIT CLERK

COOK COUNTY, IL

2020CH03358

8916571

Hearing Date: 7/17/2020 9:30 AM - 9:30 AM

Courtroom Number: 2305

Location: District 1 Court

 Cook County, IL FILED DATE: 3/19/2020 2:12 PM 2020CH03358

Case: 1:20-cv-02426 Document #: 1-1 Filed: 04/20/20 Page 202 of 239 PageID #:205
1

PO Box 5005 Westfield Center, Ohio 44251 – Phone 440-537-4473 – jerryprice@westfieldgrp.com

September 25, 2019

VIA ELECTRONIC & REGULAR MAIL

K & S Investment Property Group LLC

c/o Don Devitt

Scopelitis Garvin Light Hansen & Feary

30 W. Monroe St., Suite 600

Chicago, IL 60603

Re: Insured: K & S Investment Property Group LLC

Policy No.: CWP-7928998

Claim No.: 0001986887 

Date of Loss December 23, 2018

Gentlemen:

Please be advised that Westfield Insurance Company hereby denies any and all liability 

to you in any amount whatsoever for the insured’s business income/rental/extra expense value 

claim for the above captioned loss. The above noted policy of insurance contains the following 

provisions:

BUSINESS INCOME (AND EXTRA EXPENSE) COVERAGE FORM

C. Loss Conditions

The following conditions apply in addition to the Common Policy Conditions and

the Commercial Property Conditions.

2. Duties In The Event Of Loss

a. You must see that the following are done in the event of loss:

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2

PO Box 5005 Westfield Center, Ohio 44251 – Phone 440-537-4473 – jerryprice@westfieldgrp.com

(7) Cooperate with us in the investigation or settlement of the

claim.

b. We may examine any insured under oath, while not in the presence

of any other insured and at such times as may be reasonably

required, about any matter relating to this insurance or the claim,

including an insured’s books and records. In the event of an

examination, an insured’s answers must be signed.

Pursuant to the above noted express policy conditions, you were asked to submit to a 

sworn examination under oath on July 23, 2019. Our attorneys, Leahy, Eisenberg & Fraenkel, 

Ltd. sent you your transcript, asking that you sign same. You, and Ivan Kazniyenko have failed 

to comply with that request. You, and Ivan Kazniyenko failed to cooperate with Westfield’s 

investigation and repeatedly refused to answer questions concerning the insurance and claim. 

Your counsel also advised on the record that K&S Investments’ representative Sergii Stetsiuk 

would similarly refuse to answer certain questions under oath. 

You have breached the above noted express policy conditions. Consequently, Westfield 

Insurance Company denies any and all liability to you in any amount whatsoever for any 

business income rental value claim. You are hereby notified that your failure to comply with the 

above noted express policy conditions has prevented Westfield Insurance Company from 

completing its investigation concerning this claim. Therefore, Westfield Insurance Company 

expressly reserves any and all additional defenses it may have to said claim.

Nothing herein constitutes nor should it be construed by you as a waiver of any of the 

rights of Westfield Insurance Company under its policy of insurance under number CWP-792 

8998, nor is it our purpose by this letter to waive any additional defenses which further 

investigation may reveal.

Part 919 of the Illinois Department of Insurance requires that our company advise 

you that if you wish to take this matter up with the Illinois Department of Insurance, it 

maintains a Consumer Division in Chicago at 122 South Michigan Avenue, 19th Floor, 

Chicago, Illinois 60603, and/or also at 320 West Washington Street, Springfield, Illinois 

62767.

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3

PO Box 5005 Westfield Center, Ohio 44251 – Phone 440-537-4473 – jerryprice@westfieldgrp.com

 

Very truly yours,

WESTFIELD INSURANCE 

 

Jerry Price

 

cc: K&S Investment Property Group

367 Buckingham Court

Lombard, IL 60148

Comp. Exh. 3 -- p. 003 FILED DATE: 3/19/2020 2:12 PM 2020CH03358

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COMPLAINT

EXHIBIT

4

FILED

3/19/2020 2:12 PM

DOROTHY BROWN

CIRCUIT CLERK

COOK COUNTY, IL

2020CH03358

8916571

Hearing Date: 7/17/2020 9:30 AM - 9:30 AM

Courtroom Number: 2305

Location: District 1 Court

 Cook County, IL FILED DATE: 3/19/2020 2:12 PM 2020CH03358

Case: 1:20-cv-02426 Document #: 1-1 Filed: 04/20/20 Page 206 of 239 PageID #:209
With you for the road ahead.

February 10, 2020 

VIA U.S. MAIL & E-MAIL

Jerry Price

Westfield Insurance

P.O. Box 5005 

Westfield Center, Ohio 44251 

JerryPrice@westfieldgrp.com

RE: K & S Investment Property Group LLC

Policy No.: CWP-7928998 

Claim No.: 0001986887 

Date of Loss: December 23, 2018 

Dear Mr. Price:

We have recently been retained by K & S Investment Property Group, LLC (“K&S”) with regard to the 

above-referenced claim. Please accept this letter in response to your letter of September 25, 2019, in which 

you communicated Westfield’s denial of liability for K&S’s business income/extra expense claim. It 

appears that denial was based on a misunderstanding between K&S and prior counsel regarding the nature 

of K&S’s losses. We hope this letter will provide the information that Westfield requires, and Westfield 

will reconsider its decision.

As you know, this claim involves a property owned by K&S located at 2235 West 74th Street in Chicago, 

Illinois. In November 2018, K&S and IIK Transport, Inc. (“IIK”) entered into a Commercial Lease 

Agreement (“CLA”) for use of the premises in connection with IIK’s transportation business. Pursuant to 

the IIK CLA (a copy of which is provided herewith), IIK agreed to pay K&S $20,000.00 per month for a 

period of at least three (3) years for use of the premises as a truck terminal, including warehouse space, a 

repair shop, office space, and surrounding land for parking.

On December 23, 2018, a fire destroyed the premises in question. Thereafter, K&S was required to rent 

both office space and warehouse/shop space in order to provide IIK with the premises promised under the 

IIK CLA. K&S continued to receive IIK’s monthly $20,000,00 lease payments, but, from January 2019 

through May 2019, K&S was required to pay lease payments itself to Sutton Transport, Inc. (for the 

warehouse, shop, and parking space) and 9901 Derby Ln, LLC (for office space). Beginning in June 2019, 

K&S continued to make lease payments to Sutton for the warehouse, shop, and parking space, but no 

longer paid 9901 Derby for the office space. (In June 2019, IIK temporarily moved its office operations 

into the residence of its general manager, Sergii Stetsuik, which ultimately caused Mr. Stetsuik and IIK to 

incur substantial pushback – including fines – from the local municipality for operating a business in a 

residential area.) In September 2019, following Westfield’s denial of K&S’s claim, IIK began to pay 

Sutton directly for the warehouse/shop/parking lease payments in lieu of making its monthly lease 

payments to K&S under the IIK CLA. In October 2019, K&S was able to find additional office space for 

Offices in Florida, Illinois 

and Wisconsin

9100 Conroy Windermere Rd.

Suite 200

Windermere, FL 34786

Phone: 407-574-2835

1550 Spring Rd.

Suite 120

Oak Brook, IL 60523

Phone: 312.283-4220

7633 Ganser Way

Suite 100

Madison, WI 53719

Phone: 608-829-2981

Fax: 608-829-2982

www.blitchwestley.com

Comp. Exh. 4 -- p. 001 FILED DATE: 3/19/2020 2:12 PM 2020CH03358

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Jerry Price

Westfield Insurance

February10, 2020

www.blitchwestley.com

IIK with VIP Bridgeview, LLC (“VIP”), and in November 2019, IIK moved both its office and 

warehouse/shop/parking operations to the VIP location. IIK has continued to make lease payments to VIP 

directly on K&S’s behalf. 

I am including herewith a spreadsheet showing all of the expenses incurred by K&S as well as the 

payments made by K&S/IIK as described herein. I am also including the Sutton Lease, 9901 Derby Lease, 

and records of payments made to Sutton, 9901 Derby, and VIP. These documents show the business 

income / extra expense actually sustained by K&S as a result of loss of the insured premises. 

In light of this information, we ask that Westfield reconsider its denial of K&S’s business income / extra 

expense claim and reimburse K&S for the $247,400.00 it either paid and/or lost due to the loss of the 

insured premises. Should you require any additional information, or if you would like to conduct an 

examination of Ivan Kazniyenko or Sergii Stetsuik regarding the matters set forth in this letter, we stand 

ready to accommodate such requests. 

Thank you in advance for your consideration of this matter. If you have any questions or concerns, please 

do not hesitate to contact the undersigned. 

Sincerely,

Ryan A. Mahoney 

Counsel for K&S Investment Group, LLC 

Rmahoney@bwesq.com

Encl. 

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TfllS FACILITY ,\~D STO[<N ;r /\C iRFF\:1FV1 (thi~ ··.lgrel'nwn(') 1~ mack zi1HI 

cmcrcd i11h) hy and hctw::cn l!K Transport. Inc and K&S Irnestmenl Proper!) Group, LLC 

(C\llkcr1v,:ly "Tc11a11t"l ;md Sutton Tran1,port. lne. ("'Sutto11··1 

WHFR!· AS. Sutt,rn lc:,sc'- ccrlall) rc:.il pr-opcrty lncatc·d nt 4711 S. Ll\\ 11<Lile. l .yun:-;, 

lllmois that inciudc:s a parl-:111~: lot for '-Cllli-tr;1ikr:-; and a rn:1111k11,rncc g.ir;igc, a portion oi'whic!i 

i-; ~i.'l fonh 011 the attacl1~:d L\hihit /\ (t ··Fadlit/'l: and 

Will Rl: __ \S. Sutlc,n dc'.1r,:s tn all1)\\ Tenant tu utili;;t: !ht: Facilit, crn tlie term\ ,rnd 

co11d1tio11:, :-;,,:1 forth in th1:c. :\ 

\:0\\. TllLRLFUl·U· in cr,11~ick1,i1i,1 n , ,I tilt' 1;Heg1ll11f reL"it:ib. wliid1 :.ire lllt1ll'porated 

her,·111. :md the ohlig:ninth. L"u\ ,·11,1111':. ;111d :1Frccmc111~ herein ~et l<irth. the: lq,al '-Uflicient·y Pr 

whid1 tile pa1ii1.·s ackmiwll'dg('. 1:lL'. p;1rlic::-- :1:2Jc'1: :is fr,li11,,s: 

l. Lsc of the f;1c1l11 2 . Sultur: ,illows th.: I ;Kiiiiy tu he LN:d by Te11<mt f(,r th1..· dur.1tiu11 oi 

1iiis ,\greum:nl. L..>n:1111. 111;1y 1w1 ,·rcL"l ,ign;igl' at lhc I acilit\. Througlwut 1hv Tenn. 

Sutton shall lla\l' ,icccss tu the' g;1r,1gc ()11 tile F;1cil1ty for th,' slor:1g,: ul u11c I I) 1rnik1· 

i1L;idc th(: ;:::;ir;igc ;is wc:ll ;1~ s\nr;1g(· ,)! Sutt\\ll·:-. Df.1 :n1d rn1sccl!an1..·ous lubri,·,rnts 

Tcrrn. Tile tt .. -rrn 11: 1h1, \grc1..'lllC111 ,!)all tlL' 11w111il I(' 111rn11h 11pon 111u1u;1l \\ri1k11 

agrc,·1111.•111 nf li1L'. parties. I hi;; .\grc1.:1111..·11t siwll \(·rmi11,l.l1.' up1\1J lhirty (~0) d;iys written 

1)()ti1.'1..' hy (·itl1,:r p,lrl\. l r")ll ierrnll1dt:nn c,j 11l1s /\grce111c111. T..:rw111 sh;il] Cully \';1c:1tc 1h1..· 

J acility ;md 1101 lwid u\ ,.·r. 

.). _l~,;pt. i\:s curi:-;ilkn11in11 for th1,; 1\gn .. ·e111e'11l. Tcna11t shall pay to Sutt,111 a llat rate of 

S l :,.()()().()() p1..:111rnn1h. S;iid fee shall be due aml p;iyablc ,rn th(· fast d:1y o!· every 11wnth. 

Up,,n tL:r111inatio11 of this :\grL:crnu1l. c.uch kL: :-J1<dl hL: prorc1kd liir ,my partial rnunth. 

l 1p(1n ,·xccution ;1J" this /\)211 .. Tllll'nl. Tenant sh:111 p,1y a security deposit In Sutton in 1he 

~urn of S20.()(HJ.1J(). Lpun termi11,i:1u11 ur thi:-- :\grcernrnt. Trnant sh:111 he re:-T1l1i:;iblc 1(11 

payment ur a11v :ind ,ill danw_t:c \1) l\:c hic:i11t\ \11\ :1mounts lc!i of the· dcpu~it 

repair \lr (b1\l:1rc~ :111d 111· k,:\ \)\\1.:d 1P Sul\\\\), ,nli be refunded ill !c:ll,llll. 

·I. _\ lainte11:rncc: Srni\\ and kc R,·:n,1\ ;JI s ll t l\)11 >11,ii I k L','P I he Fae iii(\ I i1 ;!i\\ld ,.:ut1dJ1 i1,i1 

and repair and shall lw r(·:--ponsihk ::,r marnh,11:111c'1.' \lf t\11.· l·aciiity. Sut1u11 -.;h:ill plu,;, 111(: 

F:ll.'il ity u nd L ccp i1 r,:asL 1n,1hl y l"r,:1.: of 1cc ;111d <1th er , ill 1 i lar h:l/anL 011 :m as .. 11c,'1kd 

ba"i,,. Tenant slnll l1~· r1.:s1wn,;ibk f(lr kc,:ping tll\.: l Jcility frl'L' from !itkr and dct~ri:,;. 

'l L_~c ul bcilitv: <)uict J:nj,,~I2.1.'::]_lt. l cn:1111 '.!::re,,::, tu usL' the l acili1~ for tk :,;,)k purp,bc 

\lf parking aml maintcn:.nll.·c, :rnd sud1 \lllicr 11sc:-; a~ IIUY be :1pprovd hy Sutt 011. Sutto11 

covuunts that ti TL"n:ul! pni\111:1:, ib c1bl1gatiun:-; undu this Agr,:c'nH.:nl. ·r ,·nrml :,.llai! 

p1..'<1cedbh and qu1t:lh c11io\ the ldcil11:, i11 :1n·ordc111cl' ,, ith the tcrn1s u1· thi:-; .\greeme111 

wiliH)Ut :111) irnnruption ()J' di~tmh:inct: i"rum Sut,rn, ur a11y third part\. Tcn:111\ ag1,.'e,; !u 

Comp. Exh. 4 -- p. 006 FILED DATE: 3/19/2020 2:12 PM 2020CH03358

Case: 1:20-cv-02426 Document #: 1-1 Filed: 04/20/20 Page 212 of 239 PageID #:215
[tHktn11il1cllion :rnd.lnsur:incc. Dunn~. the Term Pi tlli'.: /\fcrccmc1H. h~n~ull shall 

maintain in !(1rc,:. insur;11Kc polic1c~ 11,1111mg SuttPn as an adcitional insm,',i. T1..·n:111t 

shall obtain. m;1111L1i11 :md kcq, in 1·n,l:,· ,·;1sual1y ii.:-;uran,:l' fur tile lxncl.it and 1n lh: 11,111w 

cir Sut1nn on the FJi.:il11y. rcnanl -.;hall 1TspP1b1ble tu Sutl(,11 ror luss of the h1cility 

;rnd :111 da111agc.~ \\hich the lacili1y ;n;iy sustain hy tfrc. :1c1..:idc11t. then :rndor llliSlhl' 

c1thn by th1..: T,:1ia111. 1\S agcnh, :-;en c111ts or crnpluy,:es or any othn p1..'r..;un \\ Im may he 

upon rile prcrnis1..·s ,vhcre lhl..' Facility i> lu,:;i!cd. ·11..'lldlll. in :Hld1t1on, "hall \llJLun. 

111aintain and kcl'p 111 1·i-1L.:c for the lwnclit ol' Tc1w1ll ;111d Suttn:1 gciier:il public li:Jbi:ity 

i11sur:.mc\· :1gai11st cl;1irnc.; ror personal in1ury. ,kath or property d:1111:igc ari;;i11g frum tl1,: 

u:-;c (\f' the h1cility in su,·h :rn1nunts :1s ;1g1'l:,:d up(lll :'mm time ·.o tin1,: by Sutt\111. Sud1 

rns11rancc to iic ,:;i111cd ;it l'c11;111i":, O\Yn e\pcnsl'. naming Suit,,n as c1n add1tiun:il in:outc·d. 

Ten,mt :igrces r·u!h \<) i11dc11111il\ Suttol'. ,1g.iinst luc-', Jue to darn.ig,". dcstrn1.·ti,1n or !lid\ 

t1f the I acilit\. lcn;mt :1pci:•c.; 1u i11,km11i1\ ;rnd 11,>id Sulton and its dirccturs. (1ifil'lT:,. 

c111pk1vc:cs. ,111d ,,[.'.,'ill'.; h:nnilcss from d!Hl :1~2;ii11-,t dll\ ;.11d all !iabiiity. In;;:;. or d:1111<1gl' 

,11i:;rng ,1u1 n!' or in any w,1\ related 1c, ·1 ,:n;irn·:-, u:-,c (d the F;1;_il11\ or ;in:-,1111:1 11·\1m thi:-, 

/\grCCllh'J\1 

7. 0..\~!is,;. /\ny nntice required tn be given under this :\gn.:cnwnt h\ either party t,, the <ltl1,'.r 

:-:li:ill h,: uivcn l)\' ( i) LSPS l',Tti11,:d rn;1il ;md :--h:ill he dccnwd to be f'l\ ,·11 l\\o ( .2) d:1\:-:. 

:lilcr Jel1\cry. (11) O\crniglit co11n1.T and -c:ldl be lkc1ncd iu bl' /21\1:n (lll\' l I l ,Ll_\ :lik: 

dcliv,·ry to the cumicr: or (iii) r1.'rso11:il dclih:ry t(1 :111 11t'f!ccr of thl· otlll'r. and shall h(' 

given Uj1\ll1 such p(:rson:il ckl1n:ry ,\ny ;;uch notice :,hall be ;iddre';Sl:d :1s follow:.;: 

Suttnn Transp(11 t. Inc 

,\ttn: \lr. Cliff Sutton. i>lc:,1cknt 

8()11 Sd11JIJL'id /\venue 

P.O. B,,x 37S 

Weston. \\I ,;447r, 

h an K:uni\ cnku 

\(17 Hucki1w.lurn ( nurt 

Lurnh:1rd. IL r1(ll-l0 

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hl'cn rn:1dc m 1Tlicd upon in C\lt1nc,:tio11 with the :--uh1cct lllattcr hcrl:,,f c;s;ccpt :--uch ;1:, arc 

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Commercial Lease Agreement 

This Commercial Lease Agreement ("Lease") is made and effective as of March 1st, 2019, by 

and between 9901 Derby Ln , LLC ("Landlord") and K&S Investment Property Group, LLC 

("Tenant") (Updated lease agreement from 01/01/2019 with check payment or wire transfer only, 

new price reflected) 

Landlord is the owner of land and improvements commonly known and numbered as 9901 Derby 

Lane, Westchester, IL 60154 and legally described as follows (the "Building"): Office, 2nd Floor. 

Landlord desires to lease the Leased Premises to Tenant, and Tenant desires to lease the 

Leased Premises from Landlord for the term, at the rental and upon the covenants, conditions 

and provisions herein set forth. 

THEREFORE, in consideration of the mutual promises herein, contained and other good and 

valuable consideration, it is agreed: 

A Landlord hereby leases the Leased Premises to Tenant, and Tenant hereby leases the same 

from Landlord, for an "Initial Term" beginning 01/01/2019 and ending 12/31/2019. Landlord shall 

use its best efforts to give Tenant possession as nearly as possible at the beginning of the Lease 

term. If Landlord is unable to timely provide the Leased Premises, rent shall abate for the period 

of delay. Tenant shall make no other claim against Landlord for any such delay. 

B. Tenant may renew the Lease for one extended term of 1 year. Tenant shall exercise such 

renewal option, if at all, by giving written notice to Landlord not less than ninety (90) days prior to 

the expiration of the Initial Term . The renewal term shall be at the rental set forth below and 

otherwise upon the same covenants, conditions and provisions as provided in this Lease. 

Tenant shall pay to Landlord during the Initial Term rental of $120,000.00 per year, payable in 

installments of $10,000.00(check or wire transfer). Each installment payment shall be due in 

advance on the first day of each calendar month during the lease term to Landlord at 2335 

Downing Ave, Westchester, IL 60154 or at such other place designated by written notice from 

Landlord or Tenant. The rental payment amount for any partial calendar months included in the 

lease term shall be prorated on a daily basis. 

3. Use 

Notwithstanding the forgoing, Tenant shall not use the Leased Premises for the purposes of 

storing, manufacturing or selling any explosives, flammables or other inherently dangerous 

substance, chemical, thing or device. 

4. Sublease and Assignment. 

Tenant shall have the right without Landlord's consent, to assign this Lease to a corporation with 

which Tenant may merge or consolidate, to any subsidiary of Tenant, to any corporation under 

common control with Tenant, or to a purchaser of substantially all of Tenant's assets. Except as 

set forth above, Tenant shall not sublease all or any part of the Leased Premises, or assign this 

Lease in whole or in part without Landlord's consent, such consent not to be unreasonably 

withheld or delayed. 

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5. Repairs. 

During the Lease term, Tenant shall make, at Tenant's expense, all necessary repairs to the 

Leased Premises. Repairs shall include such items as routine repairs of floors, walls, ceilings, 

and other parts of the Leased Premises damaged or worn through normal occupancy, except for 

major mechanical systems or the roof, subject to the obligations of the parties otherwise set forth 

in this Lease. 

6. Alterations and Improvements. 

Tenant, at Tenant's expense, shall have the right following Landlord's consent to remodel, 

redecorate, and make additions, improvements and replacements of and to all or any part of the 

Leased Premises from time to time as Tenant may deem desirable, provided the same are made 

in a workmanlike manner and utilizing good quality materials. Tenant shall have the right to place 

and install personal property, trade fixtures, equipment and other temporary installations in and 

upon the Leased Premises, and fasten the same to the premises. All personal property, 

equipment, machinery, trade fixtures and temporary installations, whether acquired by Tenant at 

the commencement of the Lease term or placed or installed on the Leased Premises by Tenant 

thereafter, shall remain Tenant's property free and clear of any claim by Landlord. Tenant shall 

have the right to remove the same at any time during the term of this Lease provided that all 

damage to the Leased Premises caused by such removal shall be repaired by Tenant at Tenant's 

expense. 

7. Property Taxes. 

Landlord shall pay, prior to delinquency, all general real estate taxes and installments of special 

assessments coming due during the Lease term on the Leased Premises, and all personal 

property taxes with respect to Landlord's personal property, if any, on the Leased Premises. 

Tenant shall be responsible for paying all personal property taxes with respect to Tenant's 

personal property at the Leased Premises. 

8. Insurance. 

Landlord shall maintain fire and extended coverage insurance on the Building and the Leased 

Premises in such amounts as Landlord shall deem appropriate. 

9. Utilities. 

Landlord shall pay all charges for water, sewer, gas, electricity. 

10. Signs. 

Following Landlord's consent, Tenant shall have the right to place on the Leased Premises, at 

locations selected by Tenant, any signs which are permitted by applicable zoning ordinances and 

private restrictions. Landlord may refuse consent to any proposed signage that is in Landlord's 

opinion too large, deceptive, unattractive or otherwise inconsistent with or inappropriate to the 

Leased Premises or use of any other tenant. Landlord shall assist and cooperate with Tenant in 

obtaining any necessary permission from governmental authorities or adjoining owners and 

occupants for Tenant to place or construct the foregoing signs. Tenant shall repair all damage to 

the Leased Premises resulting from the removal of signs installed by Tenant. 

11 . Entry. 

Landlord shall have the right to enter upon the Leased Premises at reasonable hours to inspect 

the same, provided Landlord shall not thereby unreasonably interfere with Tenant's business on 

the Leased Premises. 

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12. Security Deposit. 

The Security Deposit shall be held by Landlord without liability for interest and as security for the 

performance by Tenant of Tenant's covenants and obligations under this Lease, it being expressly 

understood that the Security Deposit shall not be considered an advance payment of rental or a measure of 

Landlord's damages in case of default by Tenant. Unless otherwise provided by mandatory non-waivable 

law or regulation , Landlord may commingle the Security Deposit with Landlord' s other funds. Landlord may, 

from time to time, without prejudice to any other remedy, use the Security Deposit to the extent necessary to 

make good any arrearages of rent or to satisfy any other covenant or obligation of Tenant hereunder. 

Following any such application of the Security Deposit, Tenant shall pay to Landlord on demand the amount 

so applied in order to restore the Security Deposit to its original amount. If Tenant is not in default at the 

termination of this Lease, the balance of the Security Deposit remaining after any such application shall be 

returned by Landlord to Tenant. If Landlord transfers its interest in the Premises during the term of this 

Lease, Landlord may assign the Security Deposit to the transferee and thereafter shall have no further 

liability for the return of such Security Deposit. 

13. Notice. 

Any notice required or permitted under this Lease shall be deemed sufficiently given or served if 

sent by United States certified mail, return receipt requested , addressed as follows: 

If to Landlord to: 

9901 Derby Ln , LLC 

2335 Downing Ave, Westchester, IL 60154 

If to Tenant to: 

K&S Investment Property Group, LLC 

367 Buckingham Ct, Lombard , IL 60148 

Landlord and Tenant shall each have the right from time to time to change the place notice is to 

be given under this paragraph by written notice thereof to the other party. 

LANDLORD, -· _/ 

9901 Derby Ln, LLC __ ____,,,...~~μ_:_ .. ...l.~c.:.._-\-------------

z: 

TENANT, ✓ 

K&S Investment Property Group, ~ 

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DOL: 12/23/18

DATE

OUT‐OF‐POCKET EXPENSE

INCURRED BY K&S RENT DUE FROM IIK RENT PAID BY IIK BUSINESS EXPENSE LOSS FOR K&S NOTES

Nov‐18 $ ‐ $ 20,000.00 $ 20,000.00 $ ‐ K&S / IIK Lease executed as of 11/1/1

Dec‐18 $ ‐ $ 20,000.00 $ 20,000.00 $ ‐ DOL: 12/23/18

Jan‐19 $ 25,000.00 $ 20,000.00 $ 20,000.00 $ 25,000.00 K&S Ck #1062 (Sutton ‐‐ shop); K&S C

Feb‐19 $ 17,500.00 $ 20,000.00 $ 20,000.00 $ 17,500.00 K&S Ck #1066 (Sutton ‐‐ shop); K&S C

Mar‐19 $ 25,000.00 $ 20,000.00 $ 20,000.00 $ 25,000.00 K&S Ck #1067 (Sutton ‐‐ shop); K&S C

Apr‐19 $ 25,000.00 $ 20,000.00 $ 20,000.00 $ 25,000.00 K&S Ck #1071 (Sutton ‐‐ shop); K&S C

May‐19 $ 25,000.00 $ 20,000.00 $ 20,000.00 $ 25,000.00 K&S Ck #1074 (Sutton ‐‐ shop); K&S C

Jun‐19 $ 15,000.00 $ 20,000.00 $ 20,000.00 $ 15,000.00 K&S Ck #1102 (Sutton ‐‐ shop); No of

Jul‐19 $ 15,000.00 $ 20,000.00 $ 20,000.00 $ 15,000.00 K&S Ck #1105 (Sutton ‐‐ shop); No of

Aug‐19 $ 15,000.00 $ 20,000.00 $ 15,000.00 $ 20,000.00 IIK Ck #1016 (Sutton ‐‐ shop); IIK bega

Sep‐19 $ 15,000.00 $ 20,000.00 $ 15,000.00 $ 20,000.00 IIK Ck #5046 (Sutton ‐‐ shop)

Oct‐19 $ 21,250.00 $ 20,000.00 $ 21,250.00 $ 20,000.00 IIK Ck #5169 (Sutton ‐‐ shop); IIK Ck #

Nov‐19 $ 13,075.00 $ 20,000.00 $ 13,075.00 $ 20,000.00 IIK Ck #5230; (VIP ‐‐ shop & office)

Dec‐19 $ 13,432.91 $ 20,000.00 $ 13,432.91 $ 20,000.00 IIK Ck #5768 (VIP ‐‐ shop & office; pai

TOTAL: $ 247,500.00

BUSINESS EXPENSE LOSS INCURRED BY K&S

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COMPLAINT

EXHIBIT

5

FILED

3/19/2020 2:12 PM

DOROTHY BROWN

CIRCUIT CLERK

COOK COUNTY, IL

2020CH03358

8916571

Hearing Date: 7/17/2020 9:30 AM - 9:30 AM

Courtroom Number: 2305

Location: District 1 Court

 Cook County, IL FILED DATE: 3/19/2020 2:12 PM 2020CH03358

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1

PO Box 5005 Westfield Center, Ohio 44251 – Phone 440-537-4473 – jerryprice@westfieldgrp.com

 

February 26, 2020

VIA ELECTRONIC & REGULAR USPS MAIL

Blitch Westley Barrette

Att: Ryan A. Mahoney

1550 Spring Road, Ste. 120

Oakbrook, Illinois 60523

Re: Insured: K & S Investment Group LLC

Policy No.: CWP-7928998

Claim No.: 0001986887 

Date of Loss December 23, 2018

Location of Loss: 2235 W 74th St. Chicago, IL 60636

Dear Mr. Mahoney:

This correspondence acknowledges receipt of your February 10, 2020 correspondence and

referenced enclosures. Please be advised that Westfield Insurance Company’s coverage denial,

as set forth our September 25, 2019 correspondence attached, remains unchanged.

Nothing herein constitutes nor should it be construed by you as a waiver of any of the rights of

Westfield Insurance Company under its policy of insurance under number CWP-792 8998, nor is

it our purpose by this letter to waive any additional defenses which further investigation may

reveal.

Part 919 of the Illinois Department of Insurance requires that our company

advise you that if you wish to take this matter up with the Illinois Department of

Insurance, it maintains a Consumer Division in Chicago at 122 South Michigan

Avenue, 19th Floor, Chicago, Illinois 60603, and/or also at 320 West Washington Street,

Springfield, Illinois 62767 

Sincerely,

Jerry Price

General Adjuster

Westfield Insurance Company

Enclosures: Letter dated September 25, 2019

FILED DATE: 3/19/2020 2:12 PM 2020CH03358

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