EXHIBIT A

Case: 1:20-cv-04001 Document #: 1-1 Filed: 07/08/20 Page 1 of 236 PageID #:50
IA 4443 04 14

The Cincinnati Insurance Company

The Cincinnati Casualty Company

The Cincinnati Indemnity Company

Policy Number:

Effective Date:

Named Insured:

For professional advice and policy questions or changes, please contact your local independent agency:

Dear Policyholder:

Thank you

Thank you for trusting The Cincinnati Insurance Companies with your commercial insurance coverage. We 

recognize that locally based independent agents have the working knowledge to help you choose the right 

insurance company for your needs. Together with your local independent insurance agency, we are committed

to providing you with the highest level of service.

Please review your enclosed policy information to verify your coverage details, as well as deductibles and

coverage amounts. Should your needs change, your agent is available to review and update your policy.

Please promptly report claims

If you experience a policy-related loss, you may report it by contacting your local professional independent

agency representing The Cincinnati Insurance Companies or by directly calling us toll-free at 877-242-2544

and providing your policy number and claim-related information.

Sincerely,

Sean M. Givler

Senior Vice President - Commercial Lines

EPP 049 72 16

07-20-2019

T & E CHICAGO LLC/NAVIGATOR TAP ROOM C/O ERIK SWANSON

CFM INSURANCE

50 N BROCKWAY ST STE 5-2

PALATINE, IL 60067-5091

847-934-0200

Case: 1:20-cv-04001 Document #: 1-1 Filed: 07/08/20 Page 2 of 236 PageID #:51
IA 4407 03 13

NOTICE TO POLICYHOLDERS

DIRECT BILL ACCOUNT CREDIT PROCEDURE

This is a notice of how an account credit will be applied to your policy or to all of the policies being billed as

single account. Account Credits

A. If your account is comprised of a single policy and an endorsement or premium audit results in a credit

(return premium), the credit is applied to that policy. If your account does not have a future installment due 

at the time the endorsement or audit is processed, the credit is refunded to the payor listed for your 

account. If you do not wish for credits to be automatically applied to future unpaid installments, please 

contact us to request a refund. Please note that the amount of the refund may vary based upon the date

you contact us and your billing schedule. B. If your account is comprised of more than one policy and an endorsement or premium audit results in a

credit (return premium), the credit is applied in the following manner:

• Payments previously applied to your account are deferred.

• The credit that results from the endorsement or audit is applied to the policy generating the credit.

• The payments that were deferred are then reapplied to the account in order to satisfy the amount

due.

• Any excess payment that results from the credit is applied proportionately to your policies with a

future payment or installment due.

• If you do not wish for credits to be automatically applied to future unpaid installments, please contact 

us to request a refund. Please note that the amount of the refund may vary based upon the date you

contact us and your billing schedule.

• If your account does not have a future installment or payment due at the time the endorsement or 

audit is processed, the credit is refunded to the payor listed for your account.

(Does not apply to audit return premium for payors located in New York; Does not apply to premiums due 

more than 30 days from the date of processing for payors located in New Hampshire. These credits are

automatically refunded to the payor)

To request a refund, contact us at:

Mailing Address Toll free phone number Electronic mail

The Cincinnati Insurance Company 877-942-2455 CinciBill@cinfin.com

PO Box 14529

Cincinnati, OH 45250-0529

Case: 1:20-cv-04001 Document #: 1-1 Filed: 07/08/20 Page 3 of 236 PageID #:52
IA 4421 03 13

DISCLOSURE OF DIRECT BILL FEES AND CHARGES

NO COVERAGE IS PROVIDED BY THIS DISCLOSURE, nor can it be construed to replace any provision of

your policy. YOU SHOULD READ YOUR POLICY AND REVIEW YOUR DECLARATIONS PAGE CAREFULLY 

for complete information on the coverages provided. Your insurance premium is being paid directly to us rather than to your insurance agency. We appreciate your 

prompt payment of the premium. Please note that these fees apply only in the event your payment is late, is

returned to us for insufficient funds, or if your policy was previously canceled for nonpayment of premium and 

has been reinstated at either your or your agents request. We are not required to reinstate a policy once

cancellation for nonpayment of premium has become effective. The decision to reinstate coverage is solely at

the discretion of the company.

Not all fees are applicable in all states. The types of fees are listed below. Following the description of each 

fee, we list the states where the fee applies and the amount of the fee. Fees are not levied in KY, MD, MT and 

NC.

Non-Sufficient Funds (NSF) Charge: The first time a premium payment is returned due to Non-Sufficient 

Funds (NSF), the premium due is the installment amount. For each succeeding return of payment while 

continuously insured with The Cincinnati Insurance Companies, a charge is added to your next account

statement. The amount of the charge is determined by the fees filed with and approved by the state where the

payor of your account is located. $10 AK, FL, NJ, RI, and SC;

$15 MA;

$20 NY; and

$25 AL, AZ, AR, CA, CO, CT, DE, DC, GA, HI, ID, IL, IN, IA, KS, LA, ME, MI, MN, MS, MO, NE, NV, NH, NM, 

ND, OH, OK, OR, PA, SD, TN, TX, UT, VT, VA, WA, WI, WV and WY. Reinstatement Charge: The first time your account is reinstated for nonpayment of premium, the premium

due is the installment amount. For each succeeding reinstatement due to nonpayment of premium while

continuously insured with The Cincinnati Insurance Companies, a charge is added to your next account

statement. The amount of the charge is determined by the fees filed with and approved by the state where the 

payor of your account is located. $10 AK, RI, and SC;

$15 MA;

$20 NY; and

$25 AL, AZ, AR, CA, CO, CT, DE, DC, GA, HI, ID, IL, IN, IA, KS, LA, ME, MI, MN, MS, MO, NE, NV, NH, NM, ND, OH, OK, OR, PA, SD, TN, TX, UT, VT, VA, WA and WY. Late Charge: A charge is added to your next account statement each time your payment is received and

processed after the due date as shown on the account statement. This fee will not apply to Electronic Funds 

Transfer (EFT). The amount of the charge is determined by the fees filed with and approved by the state where

the payor of your account is located. $10 AK, FL, RI, and SC;

$15 MA; and

$25 AL, AZ, AR, CA, CO, CT, DE, DC, GA, HI, ID, IL, IN, IA, KS, LA, ME, MI, MN, MS, MO, NE, NV, NH, NM, 

ND, OH, OK, OR, PA, SD, TN, TX, UT, VT, VA, WA, WI and WY.

Case: 1:20-cv-04001 Document #: 1-1 Filed: 07/08/20 Page 4 of 236 PageID #:53
The Cincinnati Insurance Company

A Stock Insurance Company

Headquarters: 6200 S. Gilmore Road, Fairfield, OH 45014-5141

Mailing address: P.O. Box 145496, Cincinnati, OH 45250-5496

www.cinfin.com n 513-870-2000

COMMON POLICY DECLARATIONS

POLICY NUMBER

NAMED INSURED

ADDRESS

(Number & Street,

Town, County, State & Zip Code)

Previous Policy Number:

Billing Method:DIRECT BILL EFT

EPP 049 72 16 / EBA 049 72 16

T & E CHICAGO LLC/NAVIGATOR TAP ROOM C/O ERIK SWANSON

2211 N MILWAUKEE AVE STE 100

CHICAGO, IL 60647-2063

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EPP 049 72 16

LIMITED LIABILITY COMPANY

07-20-2019 07-20-2022

EBA 049 72 16 07-20-2019 07-20-2020

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L , E AG I Y U T PRO DE THE INSURANCE AS STATED IN THIS POLICY.

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RETURN R THE F THE PREMIUM, SUBJECT TO L THE ERMS O T

FORMS APPLICABLE TO ALL COVERAGE PARTS:

IL0017 11/98 COMMON POLICY CONDITIONS

IA102A 09/08 SUMMARY OF PREMIUMS CHARGED

IA904 04/04 SCHEDULE OF LOCATIONS

IA4236 01/15 POLICYHOLDER NOTICE TERRORISM INSURANCE COVERAGE

IA4427 02/13 NOTICE OF LOSS CONTROL SERVICES

IA4433IL 03/17 IMPORTANT POLICYHOLDERS NOTICE - ILLINOIS

IP409IL 01/91 IMPORTANT INFORMATION TO POLICYHOLDERS ILLINOIS

IP446 08/01 NOTICE TO POLICYHOLDERS

IA4006 07/10 SPECIAL PER OCCURRENCE DEDUCTIBLE ENDORSEMENT

IA4156IL 01/18 ILLINOIS CHANGES - CANCELLATION AND NONRENEWAL

IA4210IL 01/18 ILLINOIS CHANGES - CANCELLATION AND NONRENEWAL

IA4238 01/15 CAP ON LOSSES FROM CERTIFIED ACTS OF TERRORISM

IA4338 05/11 SIGNATURE ENDORSEMENT

IA4382IL 07/17 ILLINOIS CHANGES

IA4395IL 04/17 ILLINOIS CHANGES - CIVIL UNION

IL0021 11/85 NUCLEAR ENERGY LIABILITY EXCLUSION ENDORSEMENT (BROAD FORM)

FM502 07/08 COMMERCIAL PROPERTY COVERAGE PART DECLARATIONS

GA532 07/08 COMMERCIAL GENERAL LIABILITY COVERAGE PART DECLARATIONS

CLAIMS-MADE EMPLOYMENT PRACTICES LIABILITY COVERAGE FORM 

DECLARATIONS

GA531 07/08

GA539 07/08 LIQUOR LIABILITY COVERAGE PART DECLARATIONS

IA 509 01 12 Page of

EPP 049 72 16 / EBA 049 72 16

 1 2

Case: 1:20-cv-04001 Document #: 1-1 Filed: 07/08/20 Page 5 of 236 PageID #:54
FORMS APPLICABLE TO ALL COVERAGE PARTS:

CINCIPLUS® CRIME XC+® (EXPANDED COVERAGE PLUS) COVERAGE PART 

DECLARATIONS

CA519XCP 03/09

AA505 03/06 BUSINESS AUTO COVERAGE PART DECLARATIONS

HC502 01/18 CINCINNATI DATA DEFENDERTM COVERAGE PART DECLARATIONS

Countersigned By

(Date) (Authorized Representative)

06-18-2019 14:07

IA 509 01 12 Page of

EPP 049 72 16 / EBA 049 72 16

 2 2

Case: 1:20-cv-04001 Document #: 1-1 Filed: 07/08/20 Page 6 of 236 PageID #:55
IL 00 17 11 98 Copyright, Insurance Services Office, Inc., 1998

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 nonpay- ment of premium; or

b. 30 days before the effective date of

cancellation if we cancel for any other 

reason.

3. We will mail or deliver our notice to the 

first Named Insured's last mailing address

known to us. 4. Notice of cancellation will state the effective date of cancellation. The policy period will end on that date.

5. If this policy is cancelled, we will send the 

first Named Insured any premium refund 

due. If we cancel, the refund will be pro 

rata. If the first Named Insured cancels, 

the refund may be less than pro rata. The 

cancellation will be effective even if we 

have not made or offered a refund.

6. If notice is mailed, proof of mailing will be 

sufficient proof of notice.

B. Changes

This policy contains all the agreements between you and us concerning the insurance afforded. The first Named Insured shown in the 

Declarations is authorized to make changes in

the terms of this policy with our consent. This

policy's terms can be amended or waived only 

by endorsement issued by us and made a part

of this policy. C. Examination of Your Books and Records

We may examine and audit your books and

records as they relate to this policy at any time

during the policy period and up to three years

afterward.

D. Inspections and Surveys

1. We have the right to:

a. Make inspections and surveys at any 

time;

b. Give you reports on the conditions we 

find; and

c. Recommend changes. 2. We are not obligated to make any inspections, surveys, reports or recommendations and any such actions we do undertake relate only to insurability and the 

premiums to be charged. We do not 

make safety inspections. We do not undertake to perform the duty of any person 

or organization to provide for the health or 

safety of workers or the public. And we 

do not warrant that conditions:

a. Are safe or healthful; or

b. Comply with laws, regulations, codes

or standards.

3. Paragraphs 1. and 2. of this condition apply not only to us, but also to any rating, 

advisory, rate service or similar organization which makes insurance inspections, surveys, reports or recommendations. 4. Paragraph 2. of this condition does not 

apply to any inspections, surveys, reports

or recommendations we may make relative to certification, under state or municipal statutes, ordinances or regulations, of 

boilers, pressure vessels or elevators. E. Premiums

The first Named Insured shown in the Declarations:

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

2. Will be the payee for any return premiums

we pay. F. Transfer of Your Rights and Duties Under

this Policy

Your rights and duties under this policy may 

not be transferred without our written consent 

except in the case of death of an individual

named insured.

If you die, your rights and duties will be transferred to your legal representative but only 

while acting within the scope of duties as your

legal representative. Until your legal representative is appointed, anyone having proper temporary custody of your property will have your

rights and duties but only with respect to that

property.

Case: 1:20-cv-04001 Document #: 1-1 Filed: 07/08/20 Page 7 of 236 PageID #:56
ALL OTHER TERMS AND CONDITIONS REMAIN UNCHANGED

IA 102 A 09 08

SUMMARY OF PREMIUMS CHARGED

Attached to and forming part of

POLICY NUMBER: Effective Date:

Named Insured:

THIS POLICY CONSISTS OF THE FOLLOWING COVERAGE

PARTS FOR WHICH A PREMIUM CHARGE IS INDICATED

Commercial Property Coverage Part $

Commercial General Liability Coverage Part $

Commercial Auto Coverage Part $

Commercial Umbrella / Excess Liability Coverage Part $

$

$

$

$

$

$

$

$

$

$

$

$

$

$

$

$

$

$

$

Terrorism Coverage $

Installment Charge $

$

PAYMENTS

First Remaining

Installment Installment(s)

Automobile Coverages, Employers Liability, Employment Practices Liability Coverage, Professional Liability Coverage, Terrorism Coverage and / or Wrongful Acts Coverage, if included in the policy, are subject to Annual 

Adjustment of rates and premium on each anniversary of the policy. Commercial Umbrella and Excess Liability, if included in the policy, may be subject to Annual Adjustment of 

premium on each anniversary. Refer to the Commercial Umbrella or Excess Liability Coverage Part

Declarations form to see if this is applicable.

EPP 049 72 16 / EBA 049 72 16 07-20-2019

T & E CHICAGO LLC/NAVIGATOR TAP ROOM C/O ERIK SWANSON

W/EBC 1,630

3,134

125

DATA DEFENDER COVERAGE PART 143

CRIME EXPANDED COVERAGE PLUS 125

EMPLOYMENT PRACTICES LIABILITY 300

LIQUOR LIABILITY 2,286

382

ANNUAL TOTAL 8,125

MONTHLY * *

*SEE BILLING STATEMENT MAILED SEPARATELY

Case: 1:20-cv-04001 Document #: 1-1 Filed: 07/08/20 Page 8 of 236 PageID #:57
IA 904 04 04

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

SCHEDULE OF LOCATIONS

LOC. STREET ADDRESS CITY STATE ZIP CODE

1 2211 N MILWAUKEE AVE

CHICAGO, IL 60647-2063

Case: 1:20-cv-04001 Document #: 1-1 Filed: 07/08/20 Page 9 of 236 PageID #:58
IA 4236 01 15

POLICYHOLDER NOTICE

TERRORISM INSURANCE COVERAGE

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

DISCLOSURE REQUIREMENTS OF THE TERRORISM RISK INSURANCE ACT. THIS ENDORSEMENT

DOES NOT GRANT ANY COVERAGE OR CHANGE THE TERMS AND CONDITIONS OF ANY COVERAGE 

UNDER THE POLICY.

Your policy may contain coverage for certain losses caused by terrorism.

Premium:

In accordance with the federal Terrorism Risk Insurance Act, we are required to notify you of the portion of the

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

• Refer to the SUMMARY OF PREMIUMS CHARGED or DECLARATIONS PAGE for the portion of your 

premium that is attributable to coverage for terrorist acts certified under the Act.

Federal Participation:

The Act also requires us to provide disclosure of federal participation in payment of terrorism losses.

• Under your policy, any losses caused by certified acts of terrorism would be partially reimbursed by the 

United States Government, Department of Treasury, under a formula established by federal law. Under 

this formula, the federal share equals a percentage, as specified in the Schedule below, of that portion of 

the amount of such insured losses that exceeds the applicable insurer retention. However, if aggregate

insured losses attributable to terrorist acts certified under the Terrorism Risk Insurance Act exceed $100 

billion in a calendar year, the Treasury shall not make any payment for any portion of the amount of such

losses that exceeds $100 billion.

• Schedule:

Federal Share of Terrorism Losses

Percentage Calendar Year

85% 2015

84% 2016

83% 2017

82% 2018

81% 2019

80% 2020

Cap on Insurer Participation:

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.

NOTE: IF YOUR POLICY IS A RENEWAL POLICY, THIS NOTICE IS PROVIDED TO SATISFY THE 

REQUIREMENTS UNDER THE TERRORISM RISK INSURANCE ACT FOR POLICYHOLDER 

DISCLOSURE: (1) AT THE TIME OF OUR OFFER TO RENEW THE POLICY AND (2) AT THE 

TIME THE RENEWAL IS COMPLETED.

Case: 1:20-cv-04001 Document #: 1-1 Filed: 07/08/20 Page 10 of 236 PageID #:59
IA 4427 02 13

NOTICE OF LOSS CONTROL SERVICES

The Cincinnati Insurance Companies provide certain loss prevention services to policyholders at no additional

cost. These services are designed to prevent or reduce the impact of potential loss causing events or

conditions related to the type(s) of insurance coverage you have purchased from us. One of these services that

you can receive is described below:

Employment Practices Liability (EPL) Toll-Free Hot Line

Have a question on how to handle an employment situation? Simply call The Cincinnati Insurance Companies

Employment Connection at 1-888-811-3427 for assistance. We offer policyholders an unlimited number of calls

seeking advice on employment policies and procedures.

The services provided are advisory in nature. While this program is offered as a resource in developing or 

maintaining a loss prevention program, you should consult competent legal counsel to design and implement

your own program. No liability is assumed by reason of the services, access or information provided. All 

services are subject to change without notice. Use of the EPL Toll-Free Hot Line will not be deemed to satisfy 

any notice of claim or notice of wrongful act provision contained in any policy.

Case: 1:20-cv-04001 Document #: 1-1 Filed: 07/08/20 Page 11 of 236 PageID #:60
IA 4433 IL 03 17

IMPORTANT POLICYHOLDERS NOTICE - ILLINOIS

Part 919 of the Rules of the Illinois Department of Insurance requires that our company advise you that if you

wish to contact the Illinois Department of Insurance, it maintains a Consumer Division at:

122. S. Michigan Ave., 19th Floor, Chicago, Illinois 60603; and

320 West Washington Street, Springfield, Illinois 62767,

You may also reach the Illinois Department of Insurance at http://insurance.illinois.gov; or 

312-814-2420 or 217-782-4515.

Should you have any complaints arise regarding this insurance you may contact the following:

Complaint Department of The Cincinnati Insurance Company at P.O. Box 145496, Cincinnati, Ohio, 45250- 5496.

Public Service Section of the Department of Insurance at Illinois Department of Insurance, Consumer Division, Springfield, Illinois, 62767.

Case: 1:20-cv-04001 Document #: 1-1 Filed: 07/08/20 Page 12 of 236 PageID #:61
IP 409IL (1/91)

IMPORTANT INFORMATION TO POLICYHOLDERS

ILLINOIS

In the event you need to contact someone about this policy for any reason, please contact your agent. If you

have additional questions, you may contact the insurance company issuing this policy at the following address or telephone collect:

The Cincinnati Insurance Company

P.O. Box 145496

Cincinnati, Ohio 45250-5496

Telephone (513) 870-2278

The Cincinnati Casualty Company

P.O. Box 145496

Cincinnati, Ohio 45250-5496

Telephone (513) 870-2278

The Cincinnati Indemnity Company

P.O. Box 145496

Cincinnati, Ohio 45250-5496

Telephone (513) 870-2278

Case: 1:20-cv-04001 Document #: 1-1 Filed: 07/08/20 Page 13 of 236 PageID #:62
IP 446 08 01

THE CINCINNATI INSURANCE COMPANY

THE CINCINNATI CASUALTY COMPANY

THE CINCINNATI INDEMNITY COMPANY

NOTICE TO POLICYHOLDERS

Please be advised that in your application for insurance you disclosed information to The Cincinnati Insurance

Company, The Cincinnati Casualty Company and The Cincinnati Indemnity Company. The information disclosed in the application and all information subsequently collected by any of these companies may be

shared among all three.

Case: 1:20-cv-04001 Document #: 1-1 Filed: 07/08/20 Page 14 of 236 PageID #:63
IA 4006 07 10 Page 1 of 2

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

SPECIAL PER OCCURRENCE DEDUCTIBLE ENDORSEMENT

This endorsement modifies insurance provided under the following:

COMMERCIAL PROPERTY COVERAGE PART

COMMERCIAL INLAND MARINE COVERAGE PART

CRIME AND FIDELITY COVERAGE PART

A. Special Per Occurrence Deductible

1. If an "occurrence" happens to Covered Property under the Commercial Property Coverage Part and

to Covered Property under at least one of the following:

a. The Commercial Inland Marine Coverage Part, and

b. The Crime and Fidelity Coverage Part;

the most we will deduct from any loss or damage in any one "occurrence" is the deductible indicated

on the COMMERCIAL PROPERTY COVERAGE PART DECLARATIONS.

2. This endorsement does not apply to any of the forms listed in Paragraphs a. and b.:

a. * Electronic Data Processing Coverage Form, Section III, 2. Deductible, a.(2) Specified

Losses Deductible

* Water Backup from Sewers, Drains, Septic Systems or Sump Pumps Endorsement

Windstorm or Hail Percentage Deductible Form

Earthquake and Volcanic Eruption Endorsement

Earthquake and Volcanic Eruption Endorsement (Sub-Limit Form)

Flood Coverage Endorsement

Equipment Breakdown Coverage (Including Production Equipment)

Equipment Breakdown Coverage (Excluding Production Equipment)

* Temperature Change Coverage Form

Commercial Crime Coverage Form, A. Insuring Agreements, 1. Employee Theft, 2. Forgery

or Alteration, 6. Computer Fraud and 7. Funds Transfer Fraud

Crime Expanded Coverage (XC®) Coverage or Expanded Coverage Plus Forms, A.

Insuring Agreements, 1. Employee Theft and 2. Forgery or Alteration

Government Crime Coverage Form, A. Insuring Agreements, 1. Employee Theft - Per Loss

Coverage, 2. Employee Theft - Per Employee Coverage, 3. Forgery or Alteration, 7.

Computer Fraud and 8. Funds Transfer Fraud

* Or such coverage as provided in the CinciPlus® Commercial Property or Commercial Property

Power Expanded Coverage or Expanded Coverage Plus Forms

b. Other

Case: 1:20-cv-04001 Document #: 1-1 Filed: 07/08/20 Page 15 of 236 PageID #:64
IA 4006 07 10 Page 2 of 2

B. Definition

For the purpose of this endorsement only, any definition of "occurrence" is deleted in its entirety and the

following definition is added to:

1. COMMERCIAL PROPERTY CONDITIONS,

2. COMMERCIAL INLAND MARINE CONDITIONS,

3. COMMERCIAL CRIME COVERAGE FORM,

4. CRIME EXPANDED COVERAGE (XC®) COVERAGE FORM, and

5. GOVERNMENT CRIME COVERAGE FORM:

"Occurrence" means all loss, damage, or a sequence of loss or damage, casualties or disasters arising

from a single happening or event.

Case: 1:20-cv-04001 Document #: 1-1 Filed: 07/08/20 Page 16 of 236 PageID #:65
Includes copyrighted material of Insurance

IA 4156 IL 01 18 Services Office, Inc., with its permission. Page 1 of 2

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

ILLINOIS CHANGES - CANCELLATION AND NONRENEWAL

This endorsement modifies insurance provided under the following:

COMMERCIAL PROPERTY COVERAGE PART

FARM COVERAGE PART

A. The Cancellation Common Policy Condition is

deleted in its entirety and 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 nonpay- ment 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 at your last 

mailing address known to us, any mortgagee or lienholder listed on the policy and 

to the broker, if known, or agent of record, 

if known. Proof of mailing will be sufficient 

proof of notice.

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 or the first Named Insured cancel, the refund will be pro rata. The cancellation will be effective even if we have 

not made or offered a refund. 7. Our notice of cancellation will state the 

reason for cancellation. 8. Real Property Other Than Residential 

Properties Occupied by 4 Families or 

Less

The following applies only if this policy covers real property other than residential 

property occupied by 4 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 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. 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

Case: 1:20-cv-04001 Document #: 1-1 Filed: 07/08/20 Page 17 of 236 PageID #:66
Includes copyrighted material of Insurance

IA 4156 IL 01 18 Services Office, Inc., with its permission. Page 2 of 2

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 terminate 10 days following

receipt of the written notice by the named 

insured(s). 9. Residential Properties Occupied by 4 

Families or Less

The following applies if this policy covers 

residential properties occupied by 4 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, 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 and supersedes any

provision to the contrary:

NONRENEWAL

1. If we decide not to renew or continue this

policy, we will mail you, at your last mailing address known to us, your broker, if

known, or your agent of record, if known 

and any mortgagee or lienholder listed on

the policy written notice, stating the reason for nonrenewal, at least 60 days before the end of the policy period. 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.

Proof of mailing will be sufficient proof of 

notice.

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. 2. The following provision applies only if this

policy covers residential properties occupied by 4 families or less:

a. If this policy has been issued to you 

and in effect with us for 5 or more 

years, we may not fail to renew this

policy unless:

(1) The policy was obtained by misrepresentation or fraud;

(2) The risk originally accepted has

measurably increased; 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 5 

years, we may not fail to renew this

policy unless you received 30 days’ 

notice as provided in 1. above.

Case: 1:20-cv-04001 Document #: 1-1 Filed: 07/08/20 Page 18 of 236 PageID #:67
Includes copyrighted material of Insurance

IA 4210 IL 01 18 Services Office, Inc., with its permission. Page 1 of 2

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

ILLINOIS CHANGES - CANCELLATION AND 

NONRENEWAL

This endorsement modifies insurance provided under the following:

CHEMICAL DRIFT LIMITED LIABILITY COVERAGE FORM - CLAIMS-MADE

CINCINNATI CYBER DEFENSETM COVERAGE PART

CINCINNATI DATA DEFENDERTM COVERAGE PART

CINCINNATI NETWORK DEFENDERTM COVERAGE PART

CLAIMS-MADE EXCESS LIABILITY COVERAGE FORM

COMMERCIAL GENERAL LIABILITY COVERAGE PART

COMMERCIAL UMBRELLA LIABILITY COVERAGE PART

CONTRACTOR'S ERRORS AND OMISSIONS COVERAGE FORM CLAIMS-MADE

EMPLOYEE BENEFIT LIABILITY COVERAGE FORM

EMPLOYMENT PRACTICES LIABILITY COVERAGE PART

EXCESS LIABILITY COVERAGE FORM

EXCESS WORKERS COMPENSATION AND EMPLOYERS LIABILITY COVERAGE FORM

HOLE-IN-ONE COVERAGE FORM

ILLINOIS CONTRACTORS' LIMITED WORKSITE POLLUTION LIABILITY COVERAGE FORM

LIQUOR LIABILITY COVERAGE PART

MANUFACTURER'S ERRORS AND OMISSIONS COVERAGE FORM - CLAIMS-MADE

POLLUTION LIABILITY COVERAGE PART

PRODUCT WITHDRAWAL COVERAGE FORM

PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART

PROFESSIONAL LIABILITY COVERAGE PART

PROFESSIONAL UMBRELLA LIABILITY COVERAGE PART

PROFESSIONAL UMBRELLA LIABILITY COVERAGE PART - CLAIMS-MADE

SEPTIC SYSTEMS DESIGN INSPECTION ERRORS AND OMISSIONS COVERAGE PART

A. Cancellation (Common Policy Conditions) is

deleted in its entirety and 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.

Case: 1:20-cv-04001 Document #: 1-1 Filed: 07/08/20 Page 19 of 236 PageID #:68
Includes copyrighted material of Insurance

IA 4210 IL 01 18 Services Office, Inc., with its permission. Page 2 of 2

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 or the first Named Insured cancels, the refund will be 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:

1. NONRENEWAL

a. If we decide not to renew or continue 

this policy, we will mail you, at your 

last mailing address known to us, written notice, stating the reason for 

the nonrenewal, at least:

(1) 60 days before the end of the

policy period. for all policies other than that described in a.(2); or

(2) 30 days before the end of the

policy period for all commercial 

excess and umbrella liability policies as defined in 215 ILL. COMP. STAT.143.13 (h). The 

nonrenewal shall not become effective until at least 30 days from 

the proof of mailing date of the

notice to you.

b. Proof of mailing will be sufficient 

proof of notice.

c. Notification of nonrenewal will also be 

sent to your broker, if known, or 

agent of record, if known.

d. 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.

e. 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. For the purposes of Paragraph a.(2), commercial excess and umbrella liability

policies are defined in 215 ILL. COMP. 

STAT. 143.13.(h) as follows:

(h) "Commercial excess and umbrella liability policy" means a policy written over 

one or more underlying policies for an insured:

(1) that has at least 25 full-time employee at the time the commercial excess and umbrella liability 

policy is written and procures the 

insurance of any risk or risks, other than life, accident and

health, and annuity contracts ,as

described in clauses (a) and (b) 

of Class 1 of Section 4 and

clause (a) of Class 2 of Section

4, by use of the services of a fulltime employee acting as an insurance manager or buyer; or

(2) whose aggregate annual premiums for all property and casualty 

insurance on all risks is at least 

$50,000.

Case: 1:20-cv-04001 Document #: 1-1 Filed: 07/08/20 Page 20 of 236 PageID #:69
Includes copyrighted material of ISO

Properties, Inc. and American Association

IA 4238 01 15 of Insurance Services, with their permission.

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:

All Commercial Lines Coverage Parts, Coverage Forms, Policies and Endorsements subject to the 

federal Terrorism Risk Insurance Act and any amendments and extensions thereto

A. The following definition is added with respect 

to the provisions of this endorsement:

"Certified act of terrorism" means an act that is 

certified by the Secretary of the Treasury, in 

accordance with the provisions of the federal 

Terrorism Risk Insurance Act, to be an act of 

terrorism pursuant to the federal Terrorism 

Risk Insurance 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. Cap On Losses from Certified Acts of Terrorism

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.

C. Application of Other Exclusions

The terms and limitations of any terrorism exclusion, or the inapplicability, omission or absence of a terrorism exclusion, does not serve 

to create coverage for any loss which would 

otherwise be excluded under this Coverage 

Part, Coverage Form, Policy or Endorsement 

such as losses excluded by:

1. Exclusions that address war, warlike action, insurrection, rebellion, revolution, military action, nuclear hazard, nuclear materials, nuclear reaction, radiation, or radioactive contamination;

2. Exclusions that address pollutants, contamination, deterioration, fungi or bacteria;

or

3. Any other exclusion,

regardless if the "certified act of terrorism" contributes concurrently or in any sequence to 

the loss. D. Sunset Clause

If the federal Terrorism Risk Insurance Act expires or is repealed, then this endorsement is 

null and void for any act of terrorism that takes 

place after the expiration or repeal of the Act.

Case: 1:20-cv-04001 Document #: 1-1 Filed: 07/08/20 Page 21 of 236 PageID #:70
IA 4338 05 11

SIGNATURE ENDORSEMENT

IN WITNESS WHEREOF, this policy has been signed by our President and Secretary in the City of Fairfield, Ohio, but this policy shall not be binding upon us unless countersigned by an authorized representative of

ours. The failure to countersign does not void coverage in Arizona, Virginia and Wisconsin.

Secretary President

The signature on any form, endorsement, policy, declarations, jacket or application other than the signature of 

the President or Secretary named above is deleted and replaced by the above signatures.

Case: 1:20-cv-04001 Document #: 1-1 Filed: 07/08/20 Page 22 of 236 PageID #:71
Includes copyrighted material of Insurance

IA 4382 IL 07 17 Services Office, Inc., with its permission. Page 1 of 2

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

ILLINOIS CHANGES

This endorsement modifies insurance provided under the following:

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 2 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, MISREPRESENTA- TION 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 

Case: 1:20-cv-04001 Document #: 1-1 Filed: 07/08/20 Page 23 of 236 PageID #:72
Includes copyrighted material of Insurance

IA 4382 IL 07 17 Services Office, Inc., with its permission. Page 2 of 2

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:

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.

Case: 1:20-cv-04001 Document #: 1-1 Filed: 07/08/20 Page 24 of 236 PageID #:73
Includes copyrighted material of Insurance

IA 4395 IL 04 17 Services Office, Inc., with its permission.

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

ILLINOIS CHANGES - CIVIL UNION

This endorsement modifies insurance provided under the following:

CHEMICAL DRIFT LIMITED LIABILITY COVERAGE FORM

COMMERCIAL AUTOMOBILE COVERAGE PART

COMMERCIAL PROPERTY COVERAGE PART

COMMERCIAL GENERAL LIABILITY COVERAGE PART

COMMERCIAL UMBRELLA LIABILITY COVERAGE PART

CONTRACTOR'S ERRORS AND OMISSIONS COVERAGE FORM CLAIMS-MADE

EMPLOYEE BENEFIT LIABILITY COVERAGE FORM

EMPLOYMENT PRACTICES LIABILITY COVERAGE PART

EXCESS LIABILITY COVERAGE FORM

EXCESS WORKERS COMPENSATION AND EMPLOYERS LIABILITY COVERAGE FORM

HOLE-IN-ONE COVERAGE FORM

ILLINOIS CONTRACTORS' LIMITED WORKSITE POLLUTION LIABILITY COVERAGE FORM

FARM COVERAGE PART

LIQUOR LIABILITY COVERAGE PART

MANUFACTURER'S ERRORS AND OMISSIONS COVERAGE FORM - CLAIMS-MADE

OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART

POLLUTION LIABILITY COVERAGE PART

PRODUCT WITHDRAWAL COVERAGE PART

PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART

PROFESSIONAL LIABILITY COVERAGE PART

PROFESSIONAL UMBRELLA LIABILITY COVERAGE PART

PROFESSIONAL UMBRELLA LIABILITY COVERAGE PART - CLAIMS-MADE

SEPTIC SYSTEMS DESIGN INSPECTION ERRORS AND OMISSIONS 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 Drive 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.

Case: 1:20-cv-04001 Document #: 1-1 Filed: 07/08/20 Page 25 of 236 PageID #:74
IL 00 21 11 85 Copyright, Insurance Services Office, Inc., 1983, 1984 Page 1 of 2

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

NUCLEAR ENERGY LIABILITY EXCLUSION ENDORSEMENT

(Broad Form)

This endorsement modifies insurance provided under the following;

BUSINESSOWNERS POLICY

COMMERCIAL AUTO COVERAGE PART

COMMERCIAL GENERAL LIABILITY COVERAGE PART

FARM COVERAGE PART

PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART

LIQUOR LIABILITY COVERAGE PART

POLLUTION LIABILITY COVERAGE PART

OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART

RAILROAD PROTECTIVE LIABILITY COVERAGE PART

SPECIAL PROTECTIVE AND HIGHWAY LIABILITY POLICY NEW YORK DEPARTMENT OF TRANS- PORTATION

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 prop- erties" 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 in- demnity from the United States of

America, or any agency thereof, un- der 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 "hazard- ous 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 the "hazardous properties" of "nu- clear material," if:

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

"nuclear facility" owned by, or oper- ated by or on behalf of, an "insured"

or (b) has been discharged or dis- persed therefrom;

(2) The "nuclear material" is contained in

"spent fuel" or "waste" at any time

possessed, handled, used, proc- essed, stored, transported or dis- posed of by or on behalf of an "in- sured;" or

(3) The "bodily injury" or "property dam- age" 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 fa- cility is located within the United

States of America, its territories or

possessions or Canada, this exclu- sion (3) applies only to "property

damage" to such "nuclear facility"

and any property thereat.

2. As used in this endorsement:

"Hazardous properties" include radioactive,

toxic or explosive properties;

"Nuclear material," means "source material,"

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

"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 re- actor;"

"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 isoCase: 1:20-cv-04001 Document #: 1-1 Filed: 07/08/20 Page 26 of 236 PageID #:75
IL 00 21 11 85 Copyright, Insurance Services Office, Inc., 1983, 1984 Page 2 of 2

topes 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 "in- sured" at the premises where such

equipment or device is located con- sists of or contains more than 25

grams of plutonium or uranium 233

or any combination thereof, or more

than 250 grams or 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 de- signed 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 ra- dioactive contamination of property.

Case: 1:20-cv-04001 Document #: 1-1 Filed: 07/08/20 Page 27 of 236 PageID #:76
THE CINCINNATI INSURANCE COMPANY

A Stock Insurance Company

COMMERCIAL PROPERTY COVERAGE PART DECLARATIONS

Attached to and forming part of POLICY NUMBER:

Named Insured is the same as it appears on the Common Policy Declarations unless otherwise stated here. EPP 049 72 16

Loc. (address)

REFER TO IA904

COVERAGE PROVIDED

OPTIONAL COVERAGES

Applicable only when an entry is made

Item Coverage Limits

Coin- suranceCovered

Cause Of

Loss

Business

Income

Indemnity

Inflation Guard

(%)

Replace- ment Cost 

(x)

Replace- ment Cost 

Incl. Stock

(x)

Agreed Value 

(x)

Monthly Limit

(fraction)

Maximum Period 

(X)

Extended Period 

(Days)

1-1 BUSINESS PERSONAL 250,000 80% SPECIAL 4% X

PROPERTY INCLUDING

IMPROVEMENTS AND

BETTERMENTS

1-1 BUSINESS INCOME 300,000 80% SPECIAL

W/EXTRA EXPENSE (b)

DEDUCTIBLE: $500.00 unless otherwise stated $ 1,000

MORTGAGE HOLDER 

Item Name and Address

FORMS AND / OR ENDORSEMENTS APPLICABLE TO THIS COVERAGE PART:

BUILDING AND PERSONAL PROPERTY COVERAGE FORM (INCLUDING SPECIAL CAUSES 

OF LOSS)

FM101 05/16

FA4028IL 07/17 ILLINOIS CHANGES

CINCIPLUS® COMMERCIAL PROPERTY POWER XC+® (EXPANDED COVERAGE PLUS) 

ENDORSEMENT SUMMARY OF COVERAGE LIMITS

FA4098 01/09

FA450 05/16 COMMERCIAL PROPERTY CONDITIONS

FA458 04/04 BUSINESS INCOME CHANGES - WAITING PERIOD

CINCIPLUS® COMMERCIAL PROPERTY POWER XC+® (EXPANDED COVERAGE PLUS) 

ENDORSEMENT

FA258 05/16

FA244 05/11 EQUIPMENT BREAKDOWN COVERAGE (EXCLUDING PRODUCTION MACHINERY)

FA213IL 05/16 BUSINESS INCOME (AND EXTRA EXPENSE) COVERAGE FORM - ILLINOIS

FM 502 07 08 EPP 049 72 16 Page 1 of 1

Case: 1:20-cv-04001 Document #: 1-1 Filed: 07/08/20 Page 28 of 236 PageID #:77
Includes copyrighted material of Insurance

FM 101 05 16 Services Office, Inc., with its permission. Page 1 of 40

BUILDING AND PERSONAL PROPERTY COVERAGE FORM

(INCLUDING SPECIAL CAUSES OF LOSS)

TABLE OF CONTENTS

Begins on Page

SECTION A. COVERAGE............................................................................................................................3

1. Covered Property ...........................................................................................................................3

a. Building ..................................................................................................................................3

b. Outdoor Signs........................................................................................................................3

c. Outdoor Fences .....................................................................................................................3

d. Business Personal Property.................................................................................................3

2. Property Not Covered ....................................................................................................................4

a. Accounts, Deeds, Money or Securities...............................................................................4

b. Animals...................................................................................................................................4

c. Automobiles...........................................................................................................................4

d. Contraband.............................................................................................................................4

e. Electronic Data.......................................................................................................................4

f. Excavations, Grading & Backfilling.....................................................................................4

g. Foundations ...........................................................................................................................4

h. Land, Water or Growing Crops ............................................................................................4

i. Paved Surfaces......................................................................................................................4

j. Property While Airborne or Waterborne .............................................................................4

k. Pilings or Piers.......................................................................................................................4

l. Property More Specifically Insured .....................................................................................4

m. Retaining Walls......................................................................................................................4

n. Underground Pipes, Flues or Drains...................................................................................4

o. Valuable Papers & Records and Cost to Research............................................................5

p. Vehicles or Self-Propelled Machines...................................................................................5

q. Property While Outside of Buildings...................................................................................5

3. Covered Causes of Loss..............................................................................................................5

a. Covered Causes of Loss.......................................................................................................5

b. Exclusions..............................................................................................................................5

c. Limitations............................................................................................................................11

4. Additional Coverages.................................................................................................................13

a. Change in Temperature or Humidity .................................................................................13

b. Debris Removal....................................................................................................................13

c. Fire Department Service Charge........................................................................................14

d. Fire Protection Equipment Recharge................................................................................14

e. Inventory or Appraisal ........................................................................................................14

f. Key and Lock Expense .......................................................................................................15

g. Ordinance or Law ................................................................................................................15

h. Pollutant Clean Up and Removal.......................................................................................16

i. Preservation of Property.....................................................................................................16

j. Rewards................................................................................................................................16

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TABLE OF CONTENTS (CONT'D)

Begins on Page

5. Coverage Extensions .................................................................................................................16

a. Accounts Receivable...........................................................................................................17

b. Business Income and Extra Expense................................................................................18

c. Collapse.................................................................................................................................21

d. Electronic Data.....................................................................................................................22

e. Exhibitions, Fairs or Trade Shows.....................................................................................23

f. Fences ..................................................................................................................................23

g. Fungi, Wet Rot, Dry Rot, and Bacteria - Limited Coverage.............................................23

h. Glass.....................................................................................................................................24

i. Newly Purchased, Leased or Constructed Property........................................................25

j. Nonowned Building Damage..............................................................................................26

k. Outdoor Property.................................................................................................................26

l. Personal Effects...................................................................................................................26

m. Property Off Premises.........................................................................................................27

n. Signs.....................................................................................................................................27

o. Trailers (Nonowned Detached)...........................................................................................27

p. Transportation .....................................................................................................................27

q. Utility Services.....................................................................................................................27

r. Valuable Papers and Records............................................................................................28

s. Water Damage, Other Liquids, Powder or Molten Material Damage..............................29

SECTION B. LIMITS OF INSURANCE.......................................................................................................29

SECTION C. DEDUCTIBLE........................................................................................................................29

1. Deductible Examples..................................................................................................................30

2. Glass Deductible.........................................................................................................................30

SECTION D. LOSS CONDITIONS .............................................................................................................30

1. Abandonment..............................................................................................................................30

2. Appraisal......................................................................................................................................30

3. Duties in the Event of Loss or Damage....................................................................................30

4. Loss Payment..............................................................................................................................31

5. Recovered Property....................................................................................................................34

6. Vacancy........................................................................................................................................34

a. Description of Terms...........................................................................................................34

b. Vacancy Provisions.............................................................................................................34

7. Valuation......................................................................................................................................34

SECTION E. ADDITIONAL CONDITIONS.................................................................................................35

1. Coinsurance ................................................................................................................................35

2. Mortgage Holders .......................................................................................................................36

SECTION F. OPTIONAL COVERAGES.....................................................................................................36

1. Agreed Value...............................................................................................................................37

2. Inflation Guard ............................................................................................................................37

3. Replacement Cost.......................................................................................................................37

SECTION G. DEFINITIONS........................................................................................................................38

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BUILDING AND PERSONAL PROPERTY COVERAGE FORM

(INCLUDING SPECIAL CAUSES OF LOSS)

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 

G. DEFINITIONS.

SECTION A. COVERAGE

We will pay for direct "loss" to Covered Property at 

the "premises" caused by or resulting from any

Covered Cause of Loss. 1. Covered Property

Covered Property, as used in this Coverage 

Part, means the following types of property for 

which a Limit of Insurance is shown in the 

Declarations:

a. Building

Building, means the building or structure 

described in the Declarations, including:

(1) Completed additions;

(2) Fixtures, including outdoor fixtures;

(3) Permanently installed:

(a) Machinery and equipment;

(b) Building glass, including any lettering and ornamentation;

(c) Signs attached to a building or 

structure that is Covered Property;

(d) Awnings and canopies;

(4) Personal property owned by you that

is used to maintain or service a covered building 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 a covered building;

(b) Materials, equipment, supplies

and temporary structures, on or

within 1,000 feet of the "premises", used for making additions,

alterations or repairs to a covered building.

b. Outdoor Signs

Your outdoor signs permanently installed

and not attached to a covered building, 

and located within 1,000 feet of the "premises". c. Outdoor Fences

Your outdoor fences. d. Business Personal Property

Your Business Personal Property consists 

of the following property located in or on

the building or structure described in the

Declarations or in the open (or in a vehicle or portable storage unit) within 1,000 

feet of the building or 1,000 feet of the

"premises", whichever distance is greater. Your Business Personal Property consists 

of the following unless otherwise specified

in the Declarations or on the BUSINESS 

PERSONAL PROPERTY - SEPARA- TION OF COVERAGE ENDORSEMENT.

(1) Furniture;

(2) Machinery and equipment;

(3) "Stock";

(4) All other personal property owned by 

you and used in your business;

(5) The cost of 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;

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(7) Leased personal property used in 

your business for which you have a

contractual responsibility to insure. Such leased property is not considered personal property of others in 

your care, custody or control;

(8) Personal Property of Others that is in 

your care, custody or control or for 

which you are legally liable.

(a) This does not include personal

effects owned by you, your officers, your partners, or if you are a

limited liability company, your

members or your managers, or 

your employees (including

leased and temporary workers), 

except as provided in 5. Coverage Extensions, l. Personal Effects; 

(b) This does not include property of

others for which you are legally

liable as:

1) A carrier for hire; or

2) An arranger of transportation, including car loaders, consolidators, brokers,

freight forwarders, or shipping associations; and

(9) Sales samples.

2. Property Not Covered

Covered Property does not include:

a. Accounts, Deeds, Money or Securities

Except as provided in SECTION A. COVERAGE, 5. Coverage Extensions, a. Accounts Receivable, Accounts, bills,

currency, deeds, food stamps or other evidences of debt, "money", notes or "securities";

b. Animals

Animals, unless

(1) Owned by others and boarded by 

you; or

(2) Owned by you and covered as

"stock" while inside of buildings;

and then only as provided in 3. Covered

Causes of Loss, c. Limitations. c. Automobiles

Automobiles held for sale;

d. Contraband

Contraband, or property in the course of

illegal transportation or trade;

e. Electronic Data

Except as provided in SECTION A. COVERAGE, 5. Coverage Extensions, d. Electronic Data, "Electronic data". This Paragraph e. does not apply to your "stock" of prepackaged software or to "electronic data" which is integrated in 

and operates or controls the building's elevator, lighting, heating, ventilation, air 

conditioning or security system.

f. Excavations, Grading & Backfilling

The cost of excavations, grading, backfilling or filling;

g. Foundations

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, Water or Growing Crops

Land (including land on which the property is located), water, growing crops or 

lawns (other than lawns which are part of

a vegetative roof);

i. Paved Surfaces

Bridges, roadways, walks, patios or other 

paved surfaces;

j. Property While Airborne or Waterborne

Personal property while airborne or waterborne;

k. Pilings or Piers

Pilings, piers, bulkheads, wharves or 

docks;

l. Property More Specifically Insured

Property that is covered under another 

coverage form of this or any other policy 

in which it is more specifically described,

except as provided in G. Other Insurance of the COMMERCIAL PROPERTY 

CONDITIONS;

m. Retaining Walls

Retaining walls that are not part of any 

building described in the Declarations;

n. Underground Pipes, Flues or Drains

Underground pipes, flues or drains;

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o. Valuable Papers & Records and Cost 

to Research

Except as provided in SECTION A. COVERAGE, 5. Coverage Extensions, r. Valuable Papers and Records, the

cost to research, replace or restore the information on "valuable papers and records", including those which exist as

"electronic data". This does not apply to "valuable papers

and records" held for sale by you.

p. Vehicles or Self-Propelled Machines

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 "premises". This paragraph does not apply to:

(1) Vehicles or self-propelled machines

or autos you manufacture, process or 

warehouse;

(2) Vehicles or self-propelled machines, other than autos, you hold for sale;

(3) Rowboats or canoes out of water and

located at the "premises"; or

(4) Trailers, but only as provided in

SECTION A. COVERAGE, 5. Coverage Extensions, o. Trailers

(Nonowned Detached).

q. Property While Outside of Buildings

The following property while outside of 

buildings (except as provided in SECTION A. COVERAGE, 5. Coverage Extensions):

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

(2) Signs, except:

(a) Signs attached to a covered

building or structure;

(b) Signs for which a Limit of Insurance is shown in the Declarations.

(3) Outdoor fences, except outdoor 

fences for which a Limit of Insurance

is shown in the Declarations;

(4) Radio antennas, television antennas

or satellite dishes; including their 

lead-in wiring, masts, and towers;

and

(5) Trees, shrubs or plants (other than

trees, shrubs or plants that are

"stock" or part of a vegetative roof).

3. Covered Causes of Loss

a. Covered Causes of Loss

Covered Causes of Loss means direct "loss" unless the "loss" is excluded or limited in this Coverage Part. b. Exclusions

(1) We will not pay for "loss" caused directly or indirectly by any of the following, unless otherwise provided. Such "loss" is excluded regardless of

any other cause or event that contributes concurrently or in any sequence to the "loss".

(a) Ordinance or Law

Except as provided in SECTION 

A. COVERAGE, 4. Additional 

Coverages, g. Ordinance or

Law, the enforcement of or 

compliance with any ordinance

or law:

1) Regulating the construction,

use or repair of any building 

or structure; or

2) Requiring the tearing down

of any building or structure,

including the cost of removing its debris.

This exclusion applies whether "loss" results from:

1) An ordinance or law that is

enforced even if the building

or structure has not been 

damaged; or

2) The increased costs incurred to comply with an ordinance or law in the course

of construction, repair, renovation, remodeling or

demolition of any building or

structure, or removal of its

debris, following a direct "loss" to that building or

structure.

(b) Earth Movement

1) Earthquake, including tremors and aftershocks and any 

earth sinking, rising or shifting related to such event;

2) Landslide, including any

earth sinking, rising or shifting related to such event;

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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" 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" caused by that fire, 

building glass breakage or

volcanic action.

Volcanic action means direct "loss" resulting from the

eruption of a volcano when

the "loss" is caused by:

a) Airborne volcanic blast 

or airborne shock 

waves;

b) Ash, dust or particulate

matter; or

c) Lava flow.

With respect to coverage for

Volcanic Action, 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 "loss" to the described 

property.

This Earth Movement 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.

(c) Governmental Action

Seizure or destruction of property by order of governmental authority. However, we will pay for "loss" caused by or resulting

from acts of destruction ordered

by governmental authority and

taken at the time of a fire to prevent its spread, if the fire would

be covered under this Coverage

Part.

(d) Nuclear Hazard

Nuclear reaction or radiation, or

radioactive contamination, how- ever caused.

(e) Utility Services

1) Except as provided in SECTION A. COVERAGE, 5.

Coverage Extensions, q.

Utility Services, the failure

of power, communication, water or other utility services supplied to the "premises", however caused, if

the failure:

a) Originates away from 

the "premises"; or

b) Originates at the "premises", but only if such

failure involves equipment used to supply 

the utility service to the

"premises" from a 

source away from the "premises". Failure of any utility service 

includes lack of sufficient

capacity and reduction in

supply. "Loss" caused by a

surge of power is also excluded if the surge would

not have occurred but for an 

event causing the failure of

power.

However, if the failure or

surge of power, or the failure of communication, water, wastewater removal or

other utility service results in

a Covered Cause of Loss,

we will pay for that portion

of "loss" caused by that

Covered Cause of Loss. Communication services include but are not limited to

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service relating to Internet

access or access to any

electronic, cellular or satellite network.

(f) War and Military Action

1) War, including undeclared

or civil war;

2) Warlike action by a military 

force, including action in

hindering or defending

against an actual or expected attack, by any government, sovereign or other

authority using military personnel or other agents; or

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

action taken by governmental authority in hindering or

defending against any of

these.

(g) Water

1) Flood, meaning the partial

or complete inundation of

normally dry land areas due

to:

a) The unusual or rapid 

accumulation or runoff 

of rain or surface waters from any source; or

b) Waves, tidal waters, 

tidal waves (including 

tsunami); or

c) Water from rivers, ponds, lakes, streams, or any other body of 

water that rises above, overflows from, or is 

not contained within its

natural or man-made 

boundary;

and all whether driven by 

wind or not, including storm 

surge. 2) Mudslides or mudflows,

which are caused by flooding as defined above in

Paragraph (g)1) above. Mudslide or mudflow involves a river of liquid and

flowing mud on the surface

of normally dry land areas

as when earth is carried by

a current of water and deposited along the path of

the current;

3) Water that has entered and

then backs up through and

is discharged from a sewer, 

drain, septic system, sump

pump system or related 

equipment; 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. 5) Waterborne material carried

or otherwise moved by any

of the water referred to in 

Paragraphs (g)1), 3) or 4), 

or material carried or otherwise moved by mudslide or

mudflow as described in

Paragraph (g)2). 

This exclusion applies regardless of whether any of the above

in Paragraphs (g)1) through

(g)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. However, if any of the above, as

described in Paragraphs (g)1) 

through (g)5), results in fire, explosion or sprinkler leakage, we

will pay for that portion of "loss" caused by that fire, explosion or

sprinkler leakage (if sprinkler

leakage is a Covered Cause of 

Loss).

(h) "Fungi", Wet Rot, Dry Rot, and

Bacteria

1) Presence, growth, proliferation, spread or any activity

of "fungi", wet or dry rot or 

bacteria. But if "fungi", wet 

or dry rot or bacteria results

in a "specified cause of 

loss", we will pay for the

"loss" caused by that "specified cause of loss".

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2) This exclusion does not apply:

a) When "fungi", wet or 

dry rot or bacteria results from fire or lightning; or

b) To the extent that coverage is provided in 

SECTION A. COVERAGE, 5. Coverage Extensions, g. "Fungi", Wet Rot, Dry Rot and 

Bacteria - Limited 

Coverage with respect 

to "loss" from 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" caused by

or resulting from any of the following:

(a) Electrical Current

Artificially generated electrical, magnetic or electromagnetic energy that damages, disturbs, disrupts or otherwise interferes with

any:

1) Electrical or electronic wire,

device, appliance, system 

or network; or

2) Device, appliance, system 

or network utilizing cellular

or satellite technology.

For the purpose of this exclusion, electrical, magnetic or electromagnetic energy includes but 

is not limited to:

1) Electrical current, including

arcing;

2) Electrical charge produced

or conducted by a magnetic

or electromagnetic field;

3) Pulse of electromagnetic

energy; or

4) Electromagnetic waves or

microwaves. However, if fire results, we will

pay for "loss" caused by that fire.

(b) Delay or Loss of Use

Delay, loss of use or loss of 

market.

(c) Smoke, Vapor, Gas

Smoke, vapor or gas from agricultural smudging or industrial

operations.

(d) Miscellaneous Causes of Loss

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. However, if mechanical

breakdown results in elevator collision, we will pay for 

that portion of "loss" caused 

by that elevator collision; or

7) The following causes of loss

to personal property:

a) Marring or scratching;

b) Except as provided in

SECTION A. COVERAGE, 4. Additional 

Coverages, a. Change 

in Temperature or

Humidity and 5. Coverage Extensions, q. Utility Services;

i) Dampness or dry- ness of atmosphere; and

ii) Changes in or extremes of temperature. However, if an excluded cause

of loss listed in (2)(d)1) through

7) results in a "specified cause 

of "loss" or building glass break- age, we will pay for that portion

of "loss" caused by that "specified cause of loss" or building

glass breakage.

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(e) Explosion of Steam Apparatus

Explosion of steam boilers, steam pipes, steam engines or 

steam turbines owned or leased

by you, or operated under your

control. However, if explosion of

steam boilers, steam pipes, steam engines or steam turbines

results in fire or combustion explosion, we will pay for that portion of "loss" caused by that fire

or combustion explosion. We will

also pay for "loss" 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) Water Seepage

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) Freezing of Plumbing

Water, other liquids, powder or 

molten material that leaks or 

flows from plumbing, heating, air

conditioning or other equipment 

(except fire protection systems) 

caused by or resulting from 

freezing, unless:

1) You did your best to maintain heat in the building or

structure; or

2) You drained the equipment

and shut off the supply if the

heat was not maintained.

(h) Dishonest or Criminal Acts

Dishonest or criminal acts (including theft) by you, any of your 

partners, members (if a limited 

liability company), officers, managers, employees (including

leased workers or temporary

employees) directors, trustees, or authorized representatives; 

whether acting alone or in collusion with each other or with any

other party; or theft by any person to whom you entrust the 

property for any purpose, whether acting alone or in collusion with any other party.

This exclusion applies whether 

or not an act occurs during the

hours of operation.

This Dishonest or Criminal 

Acts exclusion does not apply to

acts of destruction by your employees (including leased work- ers or temporary employees) or 

by authorized representatives; 

except theft by employees (including leased workers or temporary employees) is not covered.

(i) Voluntary Parting Under False

Pretense

Voluntary parting with any property by you or anyone else to

whom you have entrusted the

property if induced to do so by

any fraudulent scheme, trick, device or false pretense.

(j) Exposure to Weather

Rain, snow, ice or sleet to personal property in the open.

(k) Collapse

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 Paragraph (k)1) or

2) above.

But if collapse results in a Covered Cause of Loss at the

"premises", we will pay for "loss" caused by that Covered Cause

of Loss. This exclusion Collapse does

not apply:

1) To the extent that coverage

is provided under the SECTION A. COVERAGE, 5.

Coverage Extensions, 

c. Collapse; or 

2) To collapse caused by one

or more of the following:

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a) The "specified causes

of loss";

b) Breakage of building 

glass;

c) Weight of rain that collects on a roof; or 

d) Weight of people or 

personal property.

(l) Pollutants

Discharge, dispersal, seepage, migration, release, escape or

emission of "pollutants" unless

the discharge, dispersal, seepage, migration, release, escape

or emission is itself caused by

any of the "specified causes of 

loss". But if the discharge, dispersal, seepage, migration, release, escape or emission of "pollutants" results in a "specified cause of loss", we will pay

for the "loss" caused by that "specified cause of loss". This exclusion does not apply to

"loss" to glass caused by chemicals applied to the glass. m) Loss or Damage to Product

We will not pay for "loss" to

Covered Property consisting of

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 "loss" caused by that Covered Cause

of Loss.

(n) Neglect

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" caused by

or resulting from any of the following

in Paragraphs (3)(a) through (3)(c). However, if an excluded cause of 

loss that is listed in Paragraphs (3)(a)

through (3)(c) results in a Covered

Cause of Loss, we will pay for that 

portion of "loss" caused by that Covered Cause of Loss:

(a) Weather Conditions

Weather conditions, but this exclusion only applies if weather 

conditions contribute in any way

with a cause or event excluded

in SECTION A. COVERAGE, 3. Covered Causes of Loss, b.

Exclusions, (1)(a) through

(1)(h) to produce the "loss".

(b) Acts or Decisions

Acts or decisions, including the

failure to act or decide, of any 

person, group, organization or 

governmental body.

(c) Defects, Errors, and Omissions

1) An act, error, or omission

(negligent or not) relating to:

a) Land use;

b) Design, specifications, construction, workmanship;

c) Planning, zoning, development, surveying, siting, grading, compaction; or

d) Maintenance, installation, renovation, repair, 

or remodeling

of part or all of any property

on or off the "premises";

2) A defect, weakness, inadequacy, fault, or unsoundness in materials used in 

construction or repair of part

or all of any property on or

off the "premises"; or

3) The cost to make good any

error in design.

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(4) Special Exclusions

The Special Exclusions apply only to

SECTION A. COVERAGE, 5. Coverage Extensions, b. Business Income and Extra Expense; and if attached to this policy, the following

coverage forms: BUSINESS INCOME (AND EXTRA EXPENSE)

COVERAGE FORM, BUSINESS INCOME (WITHOUT EXTRA EXPENSE) COVERAGE FORM, and

EXTRA EXPENSE COVERAGE 

FORM.

We will not pay for:

(a) Any "loss" caused by or resulting

from:

1) Damage or destruction of "finished stock"; or

2) The time required to reproduce "finished stock". This Exclusion (4)(a) does not 

apply to Extra Expense.

(b) Any "loss" caused by or resulting

from damage to radio or television antennas (including satellite

dishes) and their lead-in wiring,

masts or towers.

(c) Any increase of "loss" caused by

or resulting from:

1) 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

2) Suspension, lapse or cancellation of any license,

lease or contract. However, 

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.

(d) Any Extra Expense caused by or

resulting from suspension, lapse

or cancellation of any license,

lease or contract beyond the

"period of restoration".

(e) Any other indirect "loss". c. Limitations

The following limitations apply to all policy 

forms and endorsements shown on the

COMMERCIAL PROPERTY COVERAGE PART DECLARATIONS, unless

otherwise stated:

(1) Limitations - Various Types of

Property

We will not pay for "loss" to property 

as described and limited in this section. In addition, we will not pay for

any "loss" that is a consequence of "loss" as described and limited in this

section.

(a) Steam Apparatus

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" 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

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) Building Interiors

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" is caused by or 

results from thawing of

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snow, sleet or ice on the

building or structure.

(d) Theft of Building Materials 

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; or

2) "Business Income" coverage or Extra Expense coverage.

(e) Missing Property

Property that is missing, where

the only evidence of the "loss" is

a shortage disclosed on taking

inventory, or other instances

where there is no physical evidence to show what happened

to the property.

(f) Transferred Property

Property that has been transferred to a person or to a place

outside the "premises" on the

basis of unauthorized instructions.

(g) Vegetative Roofs

Lawns, trees, shrubs or plants 

which are part of a vegetated 

roof, caused by or resulting

from:

1) Dampness or dryness of

atmosphere or of soil supporting the vegetation;

2) Changes in or extremes of

temperature;

3) Disease;

4) Frost or hail; or

5) Rain, snow, ice or sleet.

(2) Limitations - Various Property for

Specified Causes

We will not pay for "loss" 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

deemed necessary.

(b) Contractors equipment, machinery and tools 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 1,000 feet of the

"premises"; or

2) To Business Income coverage or to Extra Expense 

coverage.

(3) Limitation - Personal Property 

Theft

This Limitation does not apply to

"Business Income" coverage or to 

Extra Expense coverage. For each

category described in Paragraph

c.(3)(a) through (3)(d) below, the 

most we will pay for "loss" in any one

occurrence of theft to all property in

that category, regardless of the types

or number of articles for that category 

that are lost or damaged in that occurrence, are the following special

limits:

(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 limitation 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 not additional Limits of Insurance.

(4) Limitation - System or Appliance

Defects

(a) 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; and

(b) We will not pay to replace the

substance that escapes as described in Paragraph c.(4)(a)

above.

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But we will pay the cost to repair or 

replace damaged parts of fire extinguishing equipment if the damage

results in discharge of any substance

from an automatic fire protection system, or is directly caused by freezing. However, this Limitation c.(4)(a) does

not apply to "Business Income" Coverage or to Extra Expense Coverage.

4. Additional Coverages

Unless stated otherwise, SECTION C. DEDUCTIBLE does not apply to Paragraph 4.

Additional Coverages. Unless stated otherwise, these Paragraph 4. 

Additional Coverages apply on a per location 

basis. a. Change in Temperature or Humidity

We will pay for direct "loss" to your covered Business Personal Property caused 

by a change in temperature or humidity or 

contamination by refrigerant resulting

from damage by a Covered Cause of 

Loss to equipment used for refrigerating, 

cooling, humidifying, dehumidifying, air 

conditioning, heating, generating or converting power (including their connections

and supply or transmission lines and

pipes) when located on the "premises". This Coverage is included within the Limits of Insurance shown in the Declarations. b. Debris Removal

(1) Subject to Paragraphs b.(2), (3) and

(4) of this Additional Coverage, we

will pay your expense to remove debris of Covered Property and other 

debris that is on the "premises", when such debris is caused by or results from a Covered Cause of Loss 

that occurs during the "coverage

term". The expenses will be paid only 

if they are reported to us in writing

within 180 days of the date of direct "loss".

(2) Debris Removal does not apply to

costs to:

(a) Extract "pollutants" from land or 

water; 

(b) Remove, restore or replace polluted land or water;

(c) Remove debris of property of

yours that is not insured under

this Coverage Part, or property 

in your possession that is not 

Covered Property;

(d) Remove debris of property

owned by or leased to the landlord of the building where your "premises" are located, unless

you have a contractual responsibility to insure such property

and it is insured under this Coverage Part;

(e) Remove any property that is

Property Not Covered, including

property addressed under 5.

Coverage Extensions, k. Outdoor Property. 

(f) Remove property of others of a 

type that would not be Covered

Property under this Coverage

Part;

(g) Remove deposits of mud or

earth from the grounds of the

"premises".

(3) Subject to the exceptions in Paragraph b.(4) below, the following provisions apply:

(a) The most we will pay for the total

of direct "loss" plus debris removal expense is the Limit of Insurance applicable to the Covered Property that has sustained

"loss".

(b) Subject to Paragraph b.(3)(a), 

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 "loss" to the Covered

Property that has sustained

"loss".

(4) We will pay up to an additional

$10,000 for debris removal expense

for each "premises", in any one occurrence of direct "loss" 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 "loss" exceeds the Limit of Insurance 

on the Covered Property that

has sustained "loss".

(b) The actual debris removal expense exceeds 25% of the sum 

of the deductible plus the

amount that we pay for direct "loss" to the Covered Property

that has sustained "loss". Therefore, if Paragraph b.(4)(a) and/or 

(4)(b) apply, our total payment for direct 

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"loss" and debris removal expense may 

reach but will never exceed the Limit of 

Insurance on the Covered Property that 

has sustained "loss", 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).

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.

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

$5,000 in any one occurrence for your liability, which is determined prior to the direct "loss", for fire department service

charges:

(1) Assumed by contract or agreement; 

or

(2) Required by local ordinance. Such limit is the most we will pay regardless of the number of responding fire departments or fire units, and regardless of 

the number or type of services performed. 

This Coverage is in addition to the Limits

of Insurance shown in the Declarations. d. Fire Protection Equipment Recharge

(1) We will pay for the expenses you incur to recharge your automatic fire 

suppression system or portable fire 

extinguishers when the equipment is

discharged:

(a) To combat a covered fire to

which this insurance applies; 

(b) As a result of another covered

Cause of Loss other than fire; or

(c) As a result of an accidental discharge.

(2) We will not pay your expenses to recharge fire protection equipment as a 

result of a discharge during testing or

installation.

(3) If it is less expensive to do so, we will

pay your costs to replace your automatic fire suppression system or

portable fire extinguishers rather than 

recharge that equipment.

The most we will pay in any one occurrence under this Additional Coverage is

$25,000. This Coverage is in addition to

the Limits of Insurance shown in the Declarations. e. Inventory or Appraisal

(1) We will pay the necessary expenses

you incur to prepare claim information as required by this Coverage

Part. Expenses must result from:

(a) Taking inventories;

(b) Making appraisals; and

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(c) Preparing a statement of loss

and other supporting exhibits.

(2) We will not pay for any expenses:

(a) Incurred to prove that "loss" is

covered;

(b) Incurred under SECTION D. 

LOSS CONDITIONS, 2. Appraisal;

(c) Incurred for examinations under

oath;

(d) Billed by and payable to independent or public adjusters; or

(e) To prepare claims not covered

by this Coverage Part. The most we will pay for any one occurrence under this Additional Coverage is

$10,000. This Coverage is in addition to

the shown in the Declarations.

f. Key and Lock Expense

(1) If a key or master key is lost, stolen,

or damaged, we will pay for:

(a) The actual expense of the new 

keys; and

(b) The adjustment of locks to accept new keys; or

(c) If required, new locks, including

the expense of their installation;

but only for locks at buildings or 

structures covered by this Coverage

Part.

(2) This Coverage does not apply to 

keys that were given to former employees.

The most we will pay in any one occurrence under this Additional Coverage is

Limit of Insurance $1,000. This Coverage

is in addition to the Limit of Insurance 

shown in the Declarations. g. Ordinance or Law

(1) If a covered building or structure sustains direct "loss" from a Covered 

Cause of Loss, resulting in the enforcement of or compliance with an

ordinance or law that is in force at the

time of "loss" and regulates the demolition, construction or repair of buildings or structures, or establishes zoning or land use requirements at the "premises", then subject to SECTION 

D, LOSS CONDITIONS, 4. Loss

Payment, we will pay:

(a) Loss of Use of Undamaged 

Parts of Buildings

The costs you incur to rebuild at

the same "premises" any undamaged portion of your building

or structure caused by enforcement of or compliance with an

ordinance or law requiring

demolition of undamaged parts

of the same building or structure. We will only pay the costs to satisfy 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. 

(b) Demolition Costs

The costs you incur to demolish

and clear the site of undamaged

parts of the same building or

structure as a result of Paragraph g.(1)(a) above.

(c) Increased Costs of Construction

1) For buildings or structures

to which SECTION F. OPTIONAL COVERAGES, 3.

Replacement Cost applies, 

the increased costs to comply with the minimum 

standards of an ordinance

or law to:

a) Repair or reconstruct 

damaged portions of 

that building or structure; and

b) Reconstruct or remodel 

undamaged portions of 

that building or structure whether or not 

demolition is required;

However, this increased

cost of construction applies

only if the building or structure is repaired, reconstructed or remodeled and

is intended for occupancy

similar to the building or 

structure it replaces, unless

such occupancy is not permitted by zoning or land use

ordinance or law.

2) For this Paragraph g.(1)(c)

only, the increased costs to

repair or reconstruct the following:

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a) The cost of excavations, grading, backfilling and filling;

b) Foundation of the building;

c) Pilings;

d) Underground pipes, 

flues and drains. The items listed in Paragraphs g.2)a) through

g.2)d) above are deleted 

from SECTION A. COVERAGE, 2. Property Not

Covered; 

(2) We will not pay for:

(a) Enforcement of or compliance

with 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 "fungi", wet or dry rot or bacteria; or

(b) The costs associated with the

enforcement of or compliance

with 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", "fungi", wet or dry

rot or bacteria.

(3) We will not pay for "loss" due to any

ordinance or law that:

(a) You were required to comply 

with before the "loss", even if the 

building or structure was undamaged; and

(b) With which you failed to comply.

(4) The terms of this Additional Coverage apply separately to each building 

or structure covered by this Coverage Part.

The most we will pay under this Additional 

Coverage is $10,000 per building. This is

in addition to the Limit of Insurance

shown in the Declarations for the building 

suffering "loss". h. Pollutant Clean Up and Removal

We will pay your expenses to extract "pollutants" from land or water at the "premises" if the discharge, dispersal, seepage,

migration, release, escape or emission of 

the "pollutants" is caused by or results 

from a Covered Cause of Loss that occurs during the "coverage term". 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 "premises" is $10,000

for the sum of all covered expenses arising out of Covered Causes of Loss during 

each "coverage term". This Coverage is

in addition to the Limit of Insurance

shown in the Declarations.

i. Preservation of Property

If it is necessary to move Covered Property from the "premises" to preserve it

from imminent "loss" by a Covered Cause 

of Loss, we will pay for any direct "loss" to

that property:

(1) While it is being moved or while temporarily stored at another location;

and

(2) Only if the "loss" occurs within 60

days after the property is first moved.

This Coverage is included within Limit of

Insurance shown in the Declarations for 

such Covered Property.

j. Rewards

We will pay to provide a reward for information that leads to a conviction for arson, theft, vandalism, or burglary. The 

conviction must involve a covered "loss" caused by arson, theft, vandalism, or burglary. The most we will pay for "loss" in any one

occurrence under this Additional Coverage is $10,000. This Coverage is in addition to the Limit of Insurance shown in the 

Declarations. 5. Coverage Extensions

Unless amended within a particular Coverage

Extension, each Extension applies to property 

located in or on the building described in the 

Declarations or in the open (or in a vehicle or

portable storage unit) within 1,000 feet of the "premises".

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The limits applicable to the Coverage Extensions are in addition to the Limit of Insurance 

shown in the Property Declarations. Limits of 

Insurance specified in these Extensions apply 

per location unless stated otherwise.

SECTION E. ADDITIONAL CONDITIONS, 1. Coinsurance, does not apply to these Coverage Extensions. a. Accounts Receivable

SECTION C. DEDUCTIBLE does not apply to this Coverage Extension.

(1) When you sustain direct "loss" to

your accounts receivable records

caused by a Covered Cause of Loss,

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"; and

(d) Other reasonable expenses that 

you incur to re-establish your 

records of accounts receivable.

(2) Coverage does not apply to:

(a) Records of accounts receivable

in storage away from the "premises"; or

(b) Contraband, or property in the

course of illegal transportation or

trade.

(3) We will extend coverage to include:

(a) Removal

If you give us written notice within 30 days of removal of your

records of accounts receivable

because of imminent danger of

direct "loss" from a Covered

Cause of Loss, we will pay for "loss" while they are:

1) At a safe place away from 

your "premises"; or

2) Being taken to and returned

from that place.

This Removal coverage is included within the Limit of Insurance applicable to this Coverage

Extension.

(b) Away From Your Premises

The most we will pay in any one

occurrence is $5,000, regardless

of the number of locations, for "loss" caused by a Covered

Cause of Loss to Accounts Receivable while they are away

from your "premises". This Away From Premises Limit 

is in addition to the Limit of Insurance applicable to this Coverage Extension.

(4) SECTION A. COVERAGE, 3. Covered Causes of Loss, b. Exclusions does not apply to this Coverage Extension, except as follows:

(a) Exclusion (1)(c) Governmental

Action;

(b) Exclusion (1)(d) Nuclear Hazard;

(c) Exclusion (1)(f) War and Military Action.

(5) In addition to Paragraph a.(4) of this 

Coverage Extension, we will not pay

for "loss" resulting from any of the following:

(a) Dishonest or criminal acts by:

1) You, your partners, employees, directors, trustees or

authorized representatives;

2) A manager or a member if

you are a limited liability

company;

3) Anyone else with an interest

in the records of accounts

receivable, or their employees or authorized representatives; or

4) Anyone else entrusted with

the records of accounts receivable for any purpose.

This Paragraph a.(5)(a) applies

whether or not such persons are

acting alone or in collusion with

other persons or such act occurs

during the hours of employment.

However, this Paragraph a.(5)(a)

does not apply to dishonest acts

of a carrier for hire or to acts of 

destruction by your employees. However, theft by employees is

still not covered.

(b) Alteration, falsification, concealment or destruction of records of 

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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.

(c) Bookkeeping, accounting or billing errors or omissions.

(d) Electrical or magnetic injury, disturbance or erasure of "electronic data" 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" 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) A "loss" that requires any audit

of records or any inventory computation to prove its factual existence.

(6) Determination of Receivables:

(a) If you cannot accurately establish the amount of accounts receivable outstanding as of the

time of direct "loss", 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 direct "loss" occurs; and

2) Adjust that total for any

normal fluctuations in the

amount of accounts receivable for the month in which

the direct "loss" 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 direct "loss"; and

2) The amount of the accounts

that you are able to re- establish or collect; and

3) An amount to allow for 

probable bad debts that you

are normally unable to collect; and

4) All unearned interest and

service charges. The most we will pay for "loss" in any one

occurrence under this Coverage Extension is $25,000. b. Business Income and Extra Expense

SECTION C. DEDUCTIBLE does not apply to this Coverage Extension.

(1) Business Income

We will pay for the actual loss of "Business Income" and "Rental Value" you sustain due to the necessary "suspension" of your "operations" during the "period of restoration". The

"suspension" must be caused by direct "loss" to property at a "premises" caused by or resulting from any Covered Cause of Loss. With respect to

"loss" to personal property in the

open or personal property in a vehicle or portable storage unit, the

"premises" include the area within 

1,000 feet of the building or 1,000

feet of the "premises", whichever is

greater. 

With respect to the requirements of 

the preceding paragraph, if you are a

tenant and occupy only part of the 

site at which the "premises" are located, for the purpose of this Coverage Extension only, your "premises"

is the portion of the building that you

rent, lease or occupy, including:

(a) Any area within the building or 

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vices or is used to gain access 

to the "premises"; and

(b) Your personal property in the

open (or in a vehicle or portable

storage unit) within 1,000 feet of

the building or 1,000 feet of the

"premises", whichever is greater.

(2) Extra Expense

(a) We will pay Extra Expense you

sustain during the "period of restoration". Extra Expense means

necessary expenses you sustain

(as described in Paragraphs

(2)(b), (c) and (d)) during the

"period of restoration" that you 

would not have sustained if

there had been no direct "loss"

to property caused by or resulting from a Covered Cause of 

Loss.

(b) If these expenses reduce the

otherwise payable "Business Income" "loss", we will pay expenses (other than the expense

to repair or replace property as

described in Paragraph (2)(c)) 

to:

1) Avoid or minimize the "suspension" of business and to 

continue "operations" either:

a) At the "premises"; or

b) At replacement "premises" or temporary locations, including relocation expenses and 

costs to equip and operate the replacement 

location or temporary 

location; or

2) Minimize the "suspension" of business if you cannot

continue "operations".

(c) We will also pay expenses to:

1) Repair or replace property;

or 

2) Research, replace or restore the lost information on

damaged "valuable papers

and records";

but only to the extent this payment reduces the otherwise

payable "Business Income"

"loss". If any property obtained

for temporary use during the

"period of restoration" remains

after the resumption of normal 

"operations", the amount we will

pay under this Coverage will be

reduced by the salvage value of

that property.

(d) Extra Expense does not apply to

"loss" to Covered Property as

described in the BUILDING

AND PERSONAL PROPERTY 

COVERAGE FORM.

(3) Civil Authority

When a Covered Cause of Loss

causes damage to property other

than Covered Property at a "premises", we will pay for the actual loss of "Business Income" and necessary

Extra Expense you sustain caused

by action of civil authority that prohibits access to the "premises", provided

that both of the following apply:

(a) Access to the area immediately

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

(b) 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.

This Civil Authority coverage for "Business Income" will begin

immediately after the time of that 

action and will apply for a period

of up to 30 days from the date of

that action.

This Civil Authority coverage for 

Extra Expense will begin immediately after the time of that action and will end:

1) 30 consecutive days after

the time of that action; or

2) When your "Business Income" coverage ends;

whichever is later.

(4) Alterations and New Buildings

We will pay for the actual loss of "Business Income" you sustain and

Extra Expense you incur due to direct "loss" at the "premises" caused by or

resulting from any Covered Cause of

Loss to:

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(a) New buildings or structures, whether complete or under construction;

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

(c) Machinery, equipment, supplies

or building materials located on

or within 1,000 feet of the "premises" and:

1) Used in the construction, alterations or additions; or

2) Incidental to the occupancy

of new buildings.

If such direct "loss" 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 "loss" had not occurred.

(5) Newly Purchased or Leased Locations

We will pay the actual loss of "Business Income" you sustain and Extra

Expense you incur due to direct "loss" to Covered Property at any location you purchase or lease caused

by or resulting from a Covered Cause

of Loss. This coverage for the Newly 

Purchased or Leased Locations will 

end when any of the following first 

occurs:

(a) This policy expires;

(b) You report values to us;

(c) 90 days pass from the date you

acquire or begin to construct the

Covered Property.

(6) Extended Business Income

(a) For "Business Income" Other 

Than "Rental Value", if the necessary "suspension" of your "operations" produces a "Business Income" or Extra Expense

"loss" payable under this Coverage Part, we will pay for the actual loss of "Business Income" you sustain and Extra Expense

you incur during the period that:

1) Begins on the date property

(except "finished stock") is 

actually repaired, rebuilt or

replaced and "operations" are resumed; and

2) Ends on the earlier of:

a) 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 "loss" had occurred; or

b) 60 consecutive days after the date determined 

in b.(6)(a)1) above.

However, Extended Business

Income does not apply to loss of "Business Income" sustained or

Extra Expense incurred as a result of unfavorable business

conditions caused by the impact 

of the Covered Cause of Loss in

the area where the "premises" are located.

Loss of "Business Income" must 

be caused by direct "loss" at the

"premises" caused by or resulting from any Covered Cause of 

Loss.

(b) For "Rental Value", if the necessary "suspension" of your "operations" produces a "Rental Value" "loss" payable under this

Coverage Part, we will pay for

the actual loss of "Rental Value" you incur during the period that:

1) Begins on the date property

is actually repaired, rebuilt

or replaced and tenantability 

is restored; and

2) Ends on the earlier of:

a) 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 "loss" had occurred; or

b) 60 consecutive days after the date determined 

in b.(6)(b)1) 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 

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Loss in the area where 

the "premises" are located. Loss of "Rental Value" must 

be caused by direct "loss" at 

the "premises" caused by or 

resulting from any Covered

Cause of Loss.

(7) Interruption of Computer Operations

(a) Subject to all provisions of this

Coverage Extension, 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" as described in

SECTION A. COVERAGE, 5.

Coverage Extensions, d. Electronic Data.

(b) Paragraph b.(7)(a) 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 Paragraph b.(7)(c) has not

been exhausted.

(c) The most we will pay under Paragraph b.(7) of this Coverage

Extension is $2,500 for all "loss" sustained and expense incurred

in the "coverage term", regardless of the number of interruptions or the number of "premises" or computer systems involved. If loss payment relating

to the first interruption does not

exhaust this amount, then the

balance is available for subsequent interruptions in that "coverage term". A balance remaining at the end of a "coverage

term" does not carry over to the

next "coverage term". With respect to an interruption that begins in a "coverage term" and

continues or results in additional "loss" or expense in a subsequent "coverage term", all "loss" and expense is deemed to be

sustained in the "coverage term"

in which the interruption began.

This $2,500 coverage for Interruption of Computer Operations

does not increase the Limit of

Insurance provided in this Coverage Extension.

The most we will pay for "loss" in any one

occurrence under this "Business Income" and Extra Expense Coverage Extension

is $25,000.

c. Collapse

The coverage provided under this Coverage Extension applies only to an abrupt 

collapse as described and limited in Paragraphs c.(1) through c.(7) below.

(1) For the purpose of this Coverage Extension only, abrupt collapse means 

an abrupt falling down or caving in of

a building or structure or any part of a

building or structure with the result

that the building or structure or part 

of the building or structure cannot be 

occupied for its intended purpose.

(2) We will pay for direct "loss" to Covered Property, caused by abrupt collapse of a building or structure or any 

part of a building or structure insured

under this Coverage Part, or that 

contains Covered property insured 

under this Coverage Part, if such collapse is caused by one or more of 

the following:

(a) Building or structure decay that

is hidden from view, unless the

presence of such decay is

known or should reasonably

have been 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 or should reasonably

have been 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 materials or 

methods in construction, remodeling, or renovation if the abrupt

collapse occurs after construction, remodeling, or renovation is

complete but only if the collapse

is caused in part by:

1) A cause of loss listed in

Paragraph c.(2)(a) or 

c.(2)(b) of this Coverage 

Extension;

2) One or more of the "specified causes of loss";

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3) Breakage of building glass;

4) Weight of people or personal property; or

5) Weight of rain that collects

on a roof.

(3) This Coverage Extension does not

apply to:

(a) A building or structure or any 

part of a building or structure

that is in danger of falling down

or caving in;

(b) A part of a building or structure

that is standing, even if it has

separated from another part of

the building or structure; or

(c) A building or structure that is

standing or any part of a building

or structure 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; including their appurtenances;

(h) Retaining walls; and

(i) Walks, roadways and other

paved surfaces;

if an abrupt collapse is caused by a

cause of loss listed in Paragraph

c.(2)(a) through c.(2)(d), we will pay 

for "loss" to that property only if:

(a) Such "loss" is a direct result of 

the abrupt collapse of a building

or structure insured under this

Coverage Part; and

(b) The property is Covered Property under this Coverage Part.

(5) If personal property abruptly falls

down or caves in and such collapse

is not the result of abrupt collapse of

a building or structure, we will pay for

direct "loss" 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 c.(2)(a) through

c.(2)(d) of this Coverage Extension;

(b) The personal property that collapses is inside a building; and

(c) The property that collapses is

not of a kind listed in Paragraph

c.(4) above of this Coverage Extension, regardless of whether 

that kind of property is considered to be personal property or

real property.

The coverage stated in this Paragraph c.(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 Coverage Extension 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 Coverage Extension shall not

increase the Limit of Insurance provided in this Coverage Part.

(8) The term Covered Cause of Loss includes Collapse as described and 

limited in Paragraphs c.(1) through

c.(7). d. Electronic Data

(1) This Coverage Extension does not

apply to your "stock" of prepackaged 

software, or to "electronic data" which is integrated in and operates or 

controls the building's elevator, lighting, heating, ventilation, air conditioning or security system.

(2) We will pay for the cost to replace or

restore "electronic data" which has 

been destroyed or corrupted by a

Covered Cause of Loss that applies

to SECTION A. COVERAGE, 1. 

Covered Property, d. Business 

Personal Property. To the extent 

that "electronic data" is not replaced

or restored, the "loss" will be valued 

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dia on which the "electronic data" was stored with blank media of substantially identical type.

(3) For the purposes of this Coverage

Extension only, 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, that is

designed to damage or destroy any 

part of the system or disrupt its normal operation. However, there is no 

coverage for "loss" 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 or "electronic data".

(4) The most we will pay for all direct "loss" under this Coverage Extension, regardless of the number of "premises" or computer systems involved, is $2,500. This limit is the

most we will pay for the total of all direct "loss" arising out of all occurrences that take place in the "coverage term". If loss payment on the first 

occurrence does not exhaust this

amount, then the balance is available 

for subsequent "loss" sustained in

the "coverage term". A balance remaining in a "coverage term" does 

not carry over to the next "coverage

term". With respect to an occurrence 

which begins in the "coverage term" and continues or results in additional "loss" in a subsequent "coverage

term", all "loss" is deemed to be sustained in the "coverage term" in 

which the occurrence began.

e. Exhibitions, Fairs or Trade Shows

We will pay for direct "loss" caused by a 

Covered Cause of Loss to your Covered

Property, including covered property of 

others, while it is located at exhibitions, 

fairs or trade shows. This Coverage Extension does not apply while Covered

Property is in transit to or from the exhibition, fair or trade show. The most we will pay for "loss" in any one

occurrence is $10,000.

The Limit of Insurance provided under 

this Coverage Extension does not apply 

per location.

f. Fences

We will pay for direct "loss" caused by a 

Covered Cause of Loss to your outdoor 

fences that are located within 1,000 feet

of the "premises" and not otherwise insured as Covered Property in this Coverage Part. The most we will pay for "loss" in any one

occurrence under this Coverage Extension is $5,000. g. Fungi, Wet Rot, Dry Rot, and Bacteria - Limited Coverage

(1) The coverage described in Paragraphs g.(2) and g.(3) of this Coverage Extension only apply when the "fungi", wet or dry rot or bacteria is

the result of a Covered Cause of

Loss that occurs during the "coverage term" 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.

(2) We will pay for "loss" by "fungi", wet

or dry rot or bacteria. As used in this

Coverage Extension, the term "loss" means:

(a) Direct "loss" to Covered Property 

caused by "fungi", wet or dry rot 

or bacteria, including the cost of

removal of the "fungi", 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 "fungi", 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 "fungi", wet or dry rot or bacteria

are present.

(3) For the coverage described under

Paragraph g.(2) of this Coverage Extension, the most we will pay for "loss", regardless of the number of 

claims, is $15,000. This limit is the

most we will pay for the total of all "loss" arising out of all occurrences

that take place in the "coverage

term". With respect to a particular 

occurrence of "loss" which results in "fungi", wet or dry rot or bacteria, we 

will not pay more than a total of

$15,000 even if the "fungi", wet or dry 

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sent or active, or recurs, in a subsequent "coverage term".

(4) The coverage provided under this

Coverage Extension does not increase the applicable Limit of Insurance on any Covered Property. If a 

particular occurrence results in "loss" by "fungi", wet or dry rot or bacteria, and other "loss", we will not pay 

more, for the total of all "loss" than

the applicable Limit of Insurance on

the affected Covered Property.

If there is covered "loss" to Covered

Property, not caused by "fungi", wet

or dry rot or bacteria, loss payment

will not be limited by the terms of this

Coverage Extension, except to the

extent that "fungi", 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 Coverage Extension.

(5) The terms of this Coverage Extension do not increase or reduce the

coverage provided under:

(a) SECTION A. COVERAGE, 5.

Coverage Extensions, c. Collapse;

(b) SECTION A. COVERAGE, 5.

Coverage Extensions, s. Water, Other Liquids, Powder or

Molten Material Damage

(6) The following (6)(a) or (6)(b) apply

only if "Business Income", "Rental 

Value", or Extra Expense Coverage

applies to the "premises" and only if 

the "suspension" of "operations" satisfies all terms and conditions of the 

applicable "Business Income", "Rental Value", or Extra Expense 

Coverage. 

(a) If the "loss" which resulted in

"fungi", wet or dry rot or bacteria

does not in itself necessitate a

"suspension" of "operations", but

such "suspension" is necessary 

due to "loss" to property caused

by "fungi", 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" other than "fungi", wet or 

dry rot or bacteria but remediation of "fungi", 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.

(7) This Coverage Extension does not

apply to lawns, trees, plants or 

shrubs that are part of any vegetative

roof.

h. Glass

(1) If a Covered Cause of Loss occurs to 

building glass that is Covered Property, we will also pay necessary expenses you incur to:

(a) Put up temporary plates or 

board up openings if repair or

replacement of damaged glass

is delayed;

(b) Repair or replace encasing

frames;

(c) Remove or replace obstructions

(except expenses to remove or

replace window displays); and

(d) Repair or replace alarm tapes.

(2) If you are a tenant at a covered

"premises" and:

(a) The building you occupy is not 

Covered Property; and

(b) You are legally liable for direct "loss" to the building glass in that

building;

such building glass, for the purposes

of this Paragraph h.(2), is Covered

Property. The most we will pay for "loss" in any one occurrence is 

$5,000. This building glass is subject

to the building deductible as described in SECTION C. DEDUCTIBLE.

(3) For the purposes of this Coverage

Extension only, SECTION A. COVERAGE, 3. Covered Causes of

Loss, b. Exclusions does not apply 

except as follows:

(a) Exclusion (1)(b) Earth Movement;

(b) Exclusion (1)(c) Governmental

Action;

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(c) Exclusion (1)(d) Nuclear Hazard;

(d) Exclusion (1)(f) War and Military Action;

(e) Exclusion (2)(d)1) Wear and

tear; and

(f) As listed in Exclusion (2)(d)2): 

Rust or other corrosion, hidden

or latent defect or any quality in

property that causes it to damage or destroy itself.

i. Newly Purchased, Leased or Constructed Property

(1) Buildings

If buildings are Covered Property in

this Coverage Part, we will pay for direct "loss" caused by a Covered

Cause of Loss to: 

(a) Your new buildings or additions

while being built on the "premises";

(b) Buildings you newly purchase or 

become newly required to insure

by written contract that are:

1) Intended for use by you as

a warehouse; or

2) Similarly used by you as

buildings insured under this

Coverage Part. The most we will pay for "loss" in any

one occurrence to a building under

this Coverage Extension is 1,000,000

for each building.

(2) Business Personal Property

(a) If business personal property is

Covered Property in this Coverage Part, we will pay for direct "loss" caused by a Covered

Cause of Loss to business personal property you newly purchase or are required to insure

by written contract:

1) While located at buildings

described in Paragraph

a.(1) of this Coverage Extension; or

2) While located in a leased

building or space therein

that you are not required to 

insure. Such lease must be

for a period of 12 consecutive months or longer.

(b) Paragraph a.(2)(a) of this Coverage Extension does not apply 

to:

1) Any business personal

property covered under

BUILDING AND PERSONAL PROPERTY COVERAGE FORM, SECTION A.

COVERAGE, 5. Coverage

Extensions, e. Exhibitions, Fairs, or Trade

Shows or m. Property Off 

Premises;

2) Any business personal

property that is covered under BUILDING AND PERSONAL PROPERTY COVERAGE FORM, SECTION 

A. COVERAGE, 5. Cover- age Extensions, p. Transportation or is otherwise

considered to be in-transit

to or from a "premises". 3) Business personal property

of others that is temporarily

in your possession in the

course of installing or performing work on such property, or temporarily in your 

possession in the course of

your manufacturing or

wholesaling activities. The most we will pay for "loss" in any

one occurrence to your Business

Personal Property under this Coverage Extension is $500,000 at each

building.

(3) Period of Coverage

Coverage provided under this Coverage Extension will end when any of 

the following first occurs:

(a) This policy expires,

(b) For buildings described in Paragraph (1)(a) of this Coverage

Extension, 90 days pass from 

the date you begin construction

on that part of the building that

would qualify as Covered Property;

(c) For business property described

in Paragraph (1)(b) and Paragraph (2)(a)1), 90 days after

your purchase or lease;

(d) For business personal property

described in Paragraph (2)(a)2), 90 days from the effective date

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of the lease of the building

space in the building; or 

(e) You report values to us. We will charge you additional premium for 

values reported from the date you lease

or purchase the property, or begin construction on that part of the building that 

would qualify as Covered Property.

j. Nonowned Building Damage

If you are a tenant at a covered "premises" and:

(1) The building you occupy is not Covered Property; and

(2) You are legally liable for direct "loss"

to that building;

We will pay for direct "loss" to that building caused by burglary, robbery, theft or 

attempted theft. This Coverage Extension does not apply 

to:

(1) Glass, including lettering and ornamentation, and also necessary:

(a) Repair or replacement of encasing frames or alarm tapes; and

(b) Expenses incurred to board up 

openings or remove or replace

obstruction.

(2) Building materials and equipment 

removed from the "premises". This Coverage Extension does not apply 

if you have purchased other insurance in

your name on the building you occupy as

required by the lease.

The most we will pay for "loss" in any one

occurrence under this Coverage Extension is $25,000. k. Outdoor Property

We will pay for direct "loss" caused by a 

Covered Cause of Loss to the following

types of your Covered Property:

(1) Radio antennas, television antennas

or satellite dishes (including their

lead-in wiring, masts and towers);

(2) Trees, shrubs or plants (other than

trees, shrubs or plants which are

"stock" or part of a vegetative roof), 

including debris removal ; and

(3) If you are a tenant, to your awnings 

that are attached to a building you

occupy;

but only if caused by or resulting from any 

of the following causes of loss if they are 

included as Covered Causes of Loss under this Coverage Part:

(1) Fire;

(2) Lightning;

(3) Explosion;

(4) Riot or Civil Commotion; 

(5) Aircraft; or

(6) Falling objects.

We will pay for the debris removal expenses of the above type property that

are not your Covered Property if such debris is on your "premises" due to the Covered Causes of Loss described in this

Coverage Extension. If you are a tenant, 

we do not pay debris removal expenses

for trees, plants or shrubs owned by the 

landlord or owner of the building you occupy. 

No other coverage for debris removal expenses provided in this Coverage Part 

applies to this Outdoor Property Coverage Extension.

The most we will pay for "loss" in any one

occurrence under this Coverage Extension is $5,000, but not more than $1,000

for any one tree, shrub or plant.

l. Personal Effects

If business personal property is Covered 

Property in this Coverage Part, we will

pay for direct "loss" caused by a Covered

Cause of Loss to personal effects owned 

by:

(1) You, your officers, or your partners,

or if you are a limited liability company, your members or your managers; 

or

(2) Your employees (including temporary 

and leased employees), including

tools owned by your employees that

are used in your business. However, 

employee tools are not covered for 

theft.

This Coverage Extension does not apply 

to "money" or "securities".

If theft is included as a Covered Cause of

Loss under this Coverage Part, then this

Coverage Extension has a $500 per occurrence limitation for direct "loss" by

theft.

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The most we will pay for "loss" in any one

occurrence under this Coverage Extension is $10,000. m. Property Off Premises

(1) We will pay for direct "loss" caused

by a Covered Cause of Loss to your 

Covered Property, including covered 

personal property of others, while it is

away from the "premises", if it is:

(a) Temporarily at a location you do

not own, lease or operate; or

(b) In storage at a location you

lease, provided the lease was

executed for the first time after 

the beginning of the current "coverage term".

(2) This Coverage Extension does not

apply to Covered Property at exhibitions, fairs, trade show, or in transit. The most we will pay for "loss" in any one

occurrence under this Coverage Extension is $10,000. The Limit of Insurance provided by this

Coverage Extension does not apply per 

location.

n. Signs

We will pay for direct "loss" caused by a 

Covered Cause of Loss, including debris

removal expense, to signs not otherwise

insured by this Coverage Part.

The most we will pay for "loss" in any one

occurrence under this Coverage Extension is $5,000.

The Limit of Insurance provided by this

Coverage Extension does not apply per 

location.

o. Trailers (Nonowned Detached)

(1) If business personal property is Covered Property in this Coverage Part,

we will pay for direct "loss" caused by

a Covered Cause of Loss to trailers

that you do not own, provided that:

(a) The trailer is used in your business;

(b) The trailer is temporarily in your 

care, custody or control at the

"premises"; and

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

trailer.

(2) We will not pay for any direct "loss"

that occurs:

(a) While the trailer is attached to

any motor vehicle or motorized

conveyance, whether or not the

motor vehicle or motorized conveyance is in motion;

(b) During hitching or unhitching

operations, or when a trailer becomes accidentally unhitched

from a motor vehicle or motorized conveyance.

(3) This insurance is excess over the

amount due, whether you can collect 

on it or not, from any other insurance

covering such property.

(4) This Coverage Extension does not

apply to any property inside or on the

trailer.

The most we will pay for "loss" in any one

occurrence under this Coverage Extension is $5,000.

p. Transportation

We will pay for direct "loss" caused by a 

Covered Cause of Loss to your Covered

Property, including covered personal 

property of others while it is in or on a vehicle, including loading and unloading of 

the property.

The most we will pay for "loss" in any one

occurrence is $10,000. The Limit of Insurance provided by this

Coverage Extension does not apply per 

location.

q. Utility Services

We will pay for:

(1) Direct "loss" to Covered Property at

your "premises" except for direct "loss" resulting from the partial or

complete failure of Wastewater Removal Services; and

(2) Loss of "Business Income" you sustain and Extra Expenses you incur as

provided in SECTION A. COVERAGE, 5. Coverage Extensions, b.

Business Income and Extra Expense;

caused by or resulting from the partial or 

complete failure of utility services to the

"premises". The partial or complete failure of the utility

services listed below must be caused by 

direct "loss" caused by a Covered Cause 

of Loss to the following property:

(1) Power Supply Property, meaning the

following types of property supplying

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electricity, steam or natural gas to the

"premises":

(a) Utility generating plants;

(b) Switching stations;

(c) Substations;

(d) Transformers; and

(e) Transmission, distribution, service, or similar lines, excluding

all such overhead lines of any 

type.

(2) Water Supply Property, meaning the 

following types of property supplying

water to the "premises":

(a) Pumping stations; and

(b) Water mains.

(3) Wastewater Removal Property, 

meaning a utility system for removing

wastewater and sewage from the "premises", other than a system designed primarily for draining storm 

water. The utility property includes

sewer mains, pumping stations and 

similar equipment for moving the effluent to a holding, treatment or disposal facility, and includes such facilities. Coverage under this Coverage

Extension does not apply to interruption in service caused by or resulting

from a discharge of water or sewage

due to heavy rainfall or flooding.

(4) Communication Supply Property, meaning property supplying communication services, including service

relating to Internet access or access 

to any electronic, cellular or satellite

network; telephone, radio, microwave

or television services to the "premises", such as:

(a) Communication transmission, distribution, service or similar 

lines, including fiber optic lines, excluding all such overhead 

lines of any type;

(b) Coaxial cables; and

(c) Microwave radio relays, excluding satellites. This Coverage Extension does not apply 

to "loss" to "electronic data", including destruction or corruption of "electronic data". The most we will pay for all direct "loss" and loss of "Business Income" and Extra

Expense in any one occurrence is

$25,000. 

r. Valuable Papers and Records

SECTION C. DEDUCTIBLE does not apply to this Coverage Extension.

(1) Subject to Paragraph r.(3) of this 

Coverage Extension, we will pay 

necessary costs you incur to research, replace or restore lost or

damaged information on "valuable

papers and records" that are your 

property or the property of others in

your care, custody or control; resulting from direct "loss" caused by a 

Covered Cause of Loss. 

(2) Coverage does not apply to:

(a) Property that 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", except as provided in Paragraph r.(4)(b) of 

this Coverage Extension;

(d) Contraband, or property in the

course of illegal transportation or

trade;

(e) "Valuable papers and records" in

the form of "electronic data", including the materials on which

the "electronic data" is recorded.

(3) The most we will pay for "loss" is the 

least of the following amounts:

(a) The cost of reasonably restoring

the damaged property to its

condition immediately before the

"loss";

(b) The cost of replacing the damaged property with substantially

identical property; or

(c) The actual cash value of the

damaged property at the time of "loss". However, we will not pay for "loss" unless or until the damaged property 

is actually replaced or restored; and

then only if such replacement or restoration occurs within 36 months from 

the date of direct "loss".

(4) We will extend coverage to include:

(a) Removal

If you give us written notice within 30 days of removal of your "valuable papers and records"

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because of imminent danger of

direct "loss" from a Covered

Cause of Loss, we will pay for

direct "loss" while they are:

1) At a safe place away from 

your "premises"; or

2) Being taken to and returned

from that place. This Removal coverage is included within the Limits of Insurance applicable to this Coverage

Extension.

(b) Away From Your Premises

We will pay up to $5,000 in any

one occurrence, regardless of 

the number of locations, for direct "loss" caused by a Covered

Cause of Loss to "valuable papers and records" while they are

away from your "premises". This Away From Premises limit

is in addition to the Limit of Insurance applicable to this Coverage Extension.

(5) SECTION A. COVERAGE, 3. Covered Causes of Loss, b. Exclusions does not apply to this Coverage Extension except as follows:

(a) Exclusion (1)(c) Governmental

Action;

(b) Exclusion (1)(d) Nuclear Hazard; and

(c) Exclusion (1)(f) War and Military Action.

(6) In addition to Paragraph r.(5) of this

Coverage Extension, we will not pay 

for direct "loss" resulting from any of

the following:

(a) Dishonest or criminal acts by:

1) You, your partners, employees, directors, trustees or

authorized representatives;

2) A manager or a member if

you are a limited liability

company;

3) Anyone else with an interest

in the records of accounts 

receivable, or their employees or authorized representatives; or

4) Anyone else entrusted with

the records of accounts receivable for any purpose.

This Paragraph r.(6)(a) applies

whether or not such persons are

acting alone or in collusion with

other persons or such act occurs 

during the hours of employment.

However, this Paragraph r.(6)(a)

does not apply to dishonest acts

of a carrier for hire or to acts of 

destruction by your employees. However, theft by employees is

still not covered.

(b) Errors or omissions in processing or copying. However, we will pay for that portion of direct "loss" caused by resulting

fire or explosion if these causes

of loss would be covered by this

Coverage Part.

(c) Electrical or magnetic injury, disturbance or erasure of electronic

recordings. But we will pay for

direct "loss" caused by lightning.

(d) 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.

The most we will pay for "loss" in any one

occurrence is $25,000.

s. Water Damage, Other Liquids, Powder

or Molten Material Damage

If a covered direct "loss" to which this insurance applies was caused by or resulted from water or other liquid, powder or 

molten material damage, we will also pay 

the cost to tear out and replace any otherwise undamaged part of the building or

structure to repair damage to the system 

or appliance from which the water or other substance escapes. SECTION 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, except as amended in SECTION 

A. COVERAGE, 3. Covered Causes of Loss, c. Limitations, 4. Additional Coverages, and 5.

Coverage Extensions.

SECTION C. DEDUCTIBLE

Except as otherwise provided; in any one occurrence of direct "loss" we will first reduce the

amount of "loss" if required by SECTION E. ADDITIONAL CONDITIONS, 1. Coinsurance or SECTION F. OPTIONAL COVERAGES, 1. Agreed

Value. If the adjusted amount of direct "loss" is

less than or equal to the Deductible, we will not

pay for that direct "loss". If the adjusted amount of

direct "loss" exceeds the Deductible, we will then

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subtract the Deductible from the adjusted amount

of direct "loss", and will pay the resulting amount or 

the Limit of Insurance, whichever is less. When the occurrence involves direct "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. 1. Deductible Examples

Example No. 1:

(This example assumes there is no coinsurance penalty as outlined in SECTION E. ADDITIONAL CONDITIONS, 1. Coinsurance).

Deductible: $250

Limit of Insurance - Bldg. 1: $60,000

Limit of Insurance - Bldg. 2: $80,000

"Loss" to Bldg. 1: $60,100

"Loss" to Bldg. 2: $90,000

The amount of "loss" to Bldg. 1 ($60,100) is

less than the sum ($60,250) of the Limit of Insurance applicable to Bldg. 1 plus the Deductible.

The Deductible will be subtracted from the 

amount of "loss" in calculating the "loss" pay- able for Bldg. 1:

$60,100 - $250 = $59,850 "Loss" Payable - Bldg. 1

The Deductible applies once per occurrence 

and therefore is not subtracted in determining 

the amount of "loss" payable for Bldg. 2. "Loss" payable for Bldg. 2 is the Limit of Insurance of $80,000. Total amount of "loss" payable: $59,850 +

80,000 = $139,850.

Example No. 2:

(This example also assumes there is no coinsurance penalty). The Deductible and Limits of Insurance are 

the same as those in Example No. 1:

"Loss" to Bldg. 1: $70,000 (Exceeds Limit of 

Insurance plus Deductible)

"Loss" to Bldg. 2: $90,000 (Exceeds Limit of 

Insurance plus Deductible)

"Loss" Payable - Bldg. 1: $60,000 (Limit of

Insurance)

"Loss" Payable - Bldg. 2: $80,000 (Limit of

Insurance)

Total amount of "loss" payable: $140,000.

2. Glass Deductible

When direct "loss" to the building you occupy 

only involves building glass, the Deductible for 

that "loss" will be the lesser of:

a. $500; or

b. The Deductible shown in the Declarations

for that Covered Property.

SECTION D. 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, 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 value 

of the property, the amount of Net Income and

operating expense, and amount of "loss". If 

they fail to agree, they will submit their differences to the umpire. A decision agreed to by

any two will be binding. Each party will:

a. Pay its chosen appraiser; and

b. Bear the other expenses of the appraisal 

and umpire equally.

If there is an appraisal, we still retain our right

to deny the claim.

3. Duties in the Event of Loss or Damage

a. In the event of "loss" to Covered Property,

you must see that the following are done

in order for coverage to apply:

(1) Notify the police if a law may have

been broken.

(2) Give us prompt notice of the "loss". 

Include a description of the property 

involved.

(3) As soon as possible, give us a description of how, when and where the "loss" occurred.

(4) Take all reasonable steps to protect

the Covered Property from further 

damage. If feasible, set the damaged 

property aside and in the best possible order for examination. Keep a

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record of your expenses necessary 

to protect the Covered Property for 

consideration in the settlement of the 

claim. This will not increase your limit 

of insurance. However, in no event

will we pay for any subsequent "loss"

resulting from a cause of loss that is

not a Covered Cause of Loss.

(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" 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) Submit 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.

(9) If you intend to continue your business, you must resume all or part of

your "operations" as quickly as possible. 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" insured by this Coverage Part, 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;

(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.

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 SECTION D. LOSS 

CONDITIONS, 7. Valuation or any applicable provision that amends or supercedes this valuation condition. b. The cost of repair or replacement does

not include the increased cost attributable

to enforcement of or compliance with any 

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

as provided in SECTION A. COVERAGE,

4. Additional Coverages, g. Ordinance

or Law. 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. Our payment for "loss" to personal property of others and personal effects will only be for the account of the owner of the

property. g. We may elect to defend you against suits

arising from claims of owners of property. We will do this at our expense.

h. We will pay for insured "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

(1) We have reached agreement with 

you on the amount of "loss"; or

(2) An appraisal award has been made.

i. Loss Payment - Ordinance or Law. With respect to SECTION A. COVERAGE, 4. Additional Coverages, g. Ordinance or Law:

(1) Loss of Use of Undamaged Parts

of Building

When there is a loss in value of an

undamaged portion of a building or

structure to which this coverage applies, the loss payment for that building, including damaged and undamaged portions, will be determined as

follows:

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(a) If BUILDING AND PERSONAL

PROPERTY COVERAGE

FORM, SECTION F. OPTIONAL

COVERAGES, 3. Replacement 

Cost applies and the property is

repaired or replaced, on the

same "premises" or another "premises"; we will not pay more 

than the lesser of:

1) The amount you 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 indicated in SECTION A. COVERAGE, 4. Additional 

Coverages g. Ordinance 

or Law for Loss of Use of

Undamaged Parts of

Building for the building

that has suffered "loss".

(b) If BUILDING AND PERSONAL

PROPERTY COVERAGE

FORM, SECTION F. OPTIONAL

COVERAGES, 3. Replacement 

Cost 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 indicated in SECTION A. COVERAGE, 4. Additional 

Coverages, g. Ordinance 

or Law for Loss of Use of

Undamaged Parts of

Building for the building

that has suffered "loss".

(2) Demolition Costs

Loss payment for Demolition Costs

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 "premises"; or

(b) The limit of insurance indicated

in SECTION A. COVERAGE, 4.

Additional Coverages, g. Ordinance or Law for Demolition 

Costs for the building that has

suffered "loss".

(3) Increased Costs of Construction

Loss payment for Increased Costs

of Construction will be determined 

as follows:

(a) We will not pay for the increased

cost of construction until the

property is actually repaired or

replaced, at the same "premises" or another location and unless the repairs or replacement 

are made as soon as reasonably

possible after the direct "loss", 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 is the lesser of:

1) The increased cost of construction at the same "premises"; or

2) The limit of insurance indicated in SECTION A. COVERAGE, 4. Additional 

Coverages, g. Ordinance

or Law for Increased

Costs of Construction for 

the building that has suffered "loss".

(c) If the ordinance or law requires

relocation to another location the 

most we will pay for the increased cost of construction is

the lesser of:

1) The increased cost of construction at the new location; or

2) The limit of insurance indicated in SECTION A. COVERAGE, 4. Additional 

Coverages, g. Ordinance

or Law for Increased

Costs of Construction for 

the building that has suffered "loss".

(4) Proportional Payments

If the building or structure sustains

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der this Coverage Part and direct "loss" that is not covered under this 

Coverage Part; and as a result of the 

direct "loss" in its entirety you are required to comply with the ordinance

or law, we will not pay the full amount 

of direct "loss" otherwise payable under the terms of SECTION A. COVERAGE, 4. Additional Coverages, g. Ordinance or Law. Instead, we

will pay a proportion of such direct "loss"; meaning the proportion that 

the covered direct "loss" bears to the

total direct "loss".

j. Loss Determination - Business Income

and Extra Expense

With respect to SECTION A. COVERAGE, 5. Coverage Extensions, b. Business Income and Extra Expense, 

(1) The amount of "Business Income" and "Rental Value" "loss" will be determined based on:

(a) The Net Income of the business

before the direct "loss" occurred;

(b) The likely Net Income of the

business if no direct "loss" 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;

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

to resume "operations" with the

same quality of service that existed just before the direct "loss"; 

and

(d) Other relevant sources of information, including;

1) Your financial records and

accounting procedures;

2) Bills, invoices and other

vouchers; and

3) Deeds, liens or contracts.

(2) The amount of Extra Expense will be

determined based on:

(a) All expenses that exceed the

normal operating expenses that

would have been incurred by

"operations" during the "period 

of restoration" if no direct "loss"

had occurred. We will deduct 

from the total of such expenses:

1) The salvage value that remains of any property

bought for temporary use

during the "period of restoration", once "operations" are resumed; and

2) 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

(b) Necessary expenses that reduce

the "Business Income" and

"Rental Value" "loss" that otherwise would have been incurred.

(3) Resumption of Operations

We will reduce the amount of your:

(a) "Business Income" and "Rental

Value" "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 "premises" or 

elsewhere.

(b) Extra Expense "loss" to the extent you can return "operations"

to normal and discontinue such 

Extra Expense.

(4) 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. k. Party Walls

A party wall is a wall that separates and is

common to adjoining buildings that are

owned by different parties. In settling

covered losses involving a party wall, we 

will pay a proportion of the "loss" to the

party wall based on your interest in the 

wall in proportion to the interest of the 

owner of the adjoining building. However, 

if you elect to repair or replace your building and the owner of the adjoining building elects not to repair or replace that

building, we will pay you the full value of 

the "loss" to the party wall, subject to all 

applicable policy provisions all other provisions of this SECTION D. LOSS CONDITIONS, 4. Loss Payment including:

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(1) Limit of Insurance shown in the Declarations;

(2) SECTION D. LOSS CONDITIONS, 

7. Valuation; and

(3) SECTION E. ADDITIONAL CONDITIONS, 1. Coinsurance. 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 COMMERCIAL PROPERTY 

CONDITIONS, I. Transfer Of Rights Of 

Recovery Against Others To Us in this 

Coverage Part.

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 Coverage Part 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 Coverage Part 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:

1) Rented to a lessee or sublessee and used by them to

conduct their customary operations; or

2) 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 direct "loss" occurs

has been vacant for more than 60 consecutive days before that "loss", we will:

(1) Not pay for any "loss" 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) Reduce the amount we would otherwise pay for the "loss" by 15% with

respect to Covered Causes of Loss 

other than those listed in b.(1)(a)

through b.(1)(f) of this Loss Condition. 7. Valuation

We will determine the value of Covered Property in the event of direct "loss" as follows:

a. At "Actual Cash Value" as of the time of

direct "loss", except as provided in b., c.,

d., and e. below. b. If the Limit of Insurance for Building satisfies SECTION E. ADDITIONAL CONDITIONS, 1. 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 or compliance with any ordinance or law regulating 

the construction, use or repair of any 

property. However, the following property 

will be valued at 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.

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d. Glass at the cost of replacement with

safety glazing material if required by law.

e. Tenant's Improvements and Betterments

at:

(1) Replacement Cost 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.

(4) For the purposes of valuation, tenants' improvements and betterments 

are not considered to be the personal 

property of others. SECTION E. 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 direct "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 direct "loss" by the

Coinsurance percentage;

(2) Divide the Limit of Insurance of the 

property by the figure determined in

step (1);

(3) Multiply to 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 No. 1 (Underinsurance):

The value of the property is: $250,000

The coinsurance percentage is: 80%

The Limit of Insurance 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 divided by $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 No. 2 (Adequate Insurance):

The value of the property is: $250,000

The coinsurance percentage is: 80%

The Limit of Insurance is: $200,000

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):

$200,000 : $200,000 = 1.00

Step (3):

$40,000 X 1.00 = $40,000

Step (4):

$40,000 - $250 = $39,750.

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We will pay no more than $39,750 "loss"

in excess of the Deductible. No penalty

applies. 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 No. 3:

The values of the property are:

Bldg. at Location No. 1: $75,000

Bldg. at Location No. 2: $100,000

Personal Property at

Location No. 2: $75,000

250,000

The coinsurance percentage is: 90%

The Limit of Insurance for

Buildings and Personal

Property at Location

Nos. 1 and 2 is: $180,000

The Deductible is: $1,000

The amount of "loss" is:

Bldg. at Location No. 2: $30,000

Personal Property at

Location No. 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. Mortgage Holders

a. The term "mortgage holder" includes trustee. b. We will pay for covered "loss" to buildings

or structures to each mortgage holder 

shown in the Declarations in their order of

precedence, as interests may appear.

c. The mortgage holder has the right to receive loss payment even if the mortgage

holder 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 

mortgage holder will still have the right to

receive loss payment if the mortgage 

holder:

(1) Pays any premium due under this

Coverage Part at our request if you

have failed to do so;

(2) Submits a signed, sworn statement 

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 mortgage 

holder.

All of the terms of this Coverage Part will 

then apply directly to the mortgage holder.

e. If we pay the mortgage holder for any "loss" 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 mortgage holder's rights under 

the mortgage will be transferred to us

to the extent of the amount we pay;

and

(2) The mortgage holder's right to recover the full amount of the mortgage 

holder's claim will not be impaired.

At our option, we may pay to the mortgage holder 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 mortgage holder 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 mortgage holder 

at least ten days before the expiration

date of this policy.

SECTION F. OPTIONAL COVERAGES

If shown as applicable in the Declarations, the following Optional Coverages apply separately to

each item.

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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 direct "loss" to that 

property than the proportion that the Limit 

of Insurance under this Coverage Part for 

the property bears to the Limit of Insurance indicated in the most current Statement of Values that applies to this Coverage Part. b. If the Agreed Value Optional Coverage is

deleted from the policy, the Additional 

Condition, Coinsurance, is reinstated and 

this Optional Coverage does not apply.

c. The terms of this Optional Coverage apply only to "loss" that occurs:

(1) On or after the effective date of this

Optional Coverage; and

(2) Before the policy expiration date. d. This Agreed Value Optional Coverage

does not apply to SECTION A. COVERAGE, 5. Coverage Extensions, b. Business Income and Extra Expense. 2. Inflation Guard

a. The Limit of Insurance for property to

which this Optional Coverage applies will 

automatically increase by the annual percentage shown in the Declarations. b. The amount of increase will be:

(1) The Limit of Insurance that applied

on the beginning of the current "coverage term" or any other Coverage

Part change amending the Limit of 

Insurance, multiplied by

(2) The percentage of annual increase 

shown in the Declarations, expressed 

as a decimal (example: 8% is .08),

multiplied by

(3) The number of days since the beginning of the current "coverage term" or

the effective date of the most recent

policy change amending the Limit of

Insurance, divided by 365. In the

event of "loss", this number of days

ends at the original date of "loss". 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 SECTION D. LOSS CONDITIONS, 

7. Valuation of this BUILDING AND 

PERSONAL PROPERTY COVERAGE 

FORM. b. This Optional Coverage does not apply 

to:

(1) Personal Property of others, except 

leased personal property as described in SECTION A. COVERAGE,

1. Covered Property, d.(7). The valuation of such leased personal property will be based on the amount for 

which you are liable under the lease,

but not to exceed the replacement 

cost of the leased item. 

(2) Personal effects;

(3) Contents of a residence;

(4) Manuscripts;

(5) Works of art, antiques or rare articles, including etchings, pictures,

statuary, marbles, bronzes, porcelains and bric-a-brac;

(6) "Stock" unless the Replacement Cost 

including "Stock" option is shown in

the Declarations; or

(7) Property, that at the time of "loss":

(a) Is outdated, or obsolete and is

stored or not being used; or

(b) Has no practical value to you.

c. You may make a claim for "loss" 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" 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". d. We will not pay on a replacement cost 

basis for any "loss":

(1) Until the lost or damaged property is

actually repaired or replaced with

other property of generally the same 

construction and used for the same 

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purpose as the lost or damaged 

property; and

(2) Unless the repairs or replacement 

have been completed or at least underway within 2 years following the

date of "loss". e. We will not pay more for "loss" on a replacement cost basis than the least of:

(1) The Limit of Insurance applicable to

the lost or damaged property;

(2) The cost to replace, on the same "premises", 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 you actually spend that

is necessary to repair or replace the

lost or damaged property.

f. The cost of repair or replacement does

not include the increased cost attributable

to enforcement of or compliance with any 

ordinance or law regulating the construction, use, or repair of any building or 

structure except as provided in SECTION 

A. COVERAGE, 4. Additional Coverages, g. Ordinance or Law. SECTION G. DEFINITIONS

1. "Actual cash value" means replacement cost

less a deduction that reflects depreciation, age, condition and obsolescence.

2. "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

sustained, including payroll. 3. "Computer programs" 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. 4. "Coverage term" means the following individual increment, or if a multi-year policy period,

increments, of time, which comprise the policy 

period of this Coverage Part: 

a. The year commencing on the Effective 

Date of this Coverage Part at 12:01 A.M. 

standard time at your mailing address

shown in the Declarations, and if a multi- year policy period, each consecutive annual period thereafter, or portion thereof if 

any period is for a period of less than 12

months, constitute individual "coverage

terms". The last "coverage term" ends at 

12:00 A.M. standard time at your mailing

address shown in the Declarations on the

earlier of:

(1) The day the policy period shown in

the Declarations ends; or

(2) The day the policy to which this Coverage Part is attached is terminated 

or cancelled. b. However, if after the issuance of this

Coverage Part, any "coverage term" is

extended for an additional period of less

than 12 months, that additional period of 

time will be deemed to be part of the last 

preceding "coverage term". 5. "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.

6. "Finished stock" means stock you have manufactured, except "stock" you have manufactured that is held for sale on the "premises" of 

any retail outlet insured under this Coverage 

Part.

7. "Fungi" means any type or form of fungus, and

includes, but is not limited to, any form or type 

of mold, mushroom or mildew and any mycotoxins, spores, scents or byproducts produced 

or released by fungi.

8. "Loss" means accidental physical loss or accidental physical damage.

9. "Money" means:

a. Currency, coins and bank notes whether 

or not in current use; and

b. Travelers checks, registered checks and 

money orders held for sale to the public. 10. "Operations" means:

a. Your business activities occurring at the

"premises"; and

b. The tenantability of the "premises", if coverage for "Business Income" including

"Rental Value" or "Rental Value" applies. 11. "Period of restoration" means the period of

time that:

a. Begins at the time of direct "loss". b. Ends on the earlier of:

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(1) The date when the property at the

"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.

c. "Period of restoration" does not include

any increased period required due to the

enforcement of or compliance with 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". d. The expiration date of the policy will not 

cut short the "period of restoration". 12. "Pollutants" means any solid, liquid, gaseous

or thermal irritant or contaminant, including 

smoke, vapor, soot, fumes, acids, alkalis, asbestos, chemicals, petroleum, petroleum 

products and petroleum by-products, and

waste. Waste includes materials to be recycled, reconditioned or reclaimed. "Pollutants"

include but are not limited to substances 

which are generally recognized in industry or 

government to be harmful or toxic to persons, property, or the environment regardless of 

whether injury or damage is caused directly or 

indirectly by the "pollutants" and whether:

a. You are regularly or otherwise engaged in

activities which taint or degrade the environment; or

b. You use, generate or produce the "pollutant". 13. "Premises" means the Locations and Buildings described in the Declarations. 14. "Rental Value" means "Business Income" that 

consists of :

a. Net Income (Net Profit or 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 "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. 15. "Securities" means negotiable and non- negotiable 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 are not 

of your own issue; but does not include

"money". Lottery tickets held for sale are

not "securities" or evidences of debt. 16. "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. This does not include:

a. The cost of filling sinkholes;

b. Sinking or collapse of land into man-made 

subterranean cavities; or

c. The value of the land. 17. "Specified causes of loss" means 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; and 

water damage. a. Falling objects does not include "loss" 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. b. Water damage means:

(1) Accidental discharge or leakage of

water or steam as the direct result of 

the breaking apart or cracking of any 

part of a system or appliance (other 

than a sump system including its related equipment and parts) containing water or steam; and

(2) Accidental discharge or leakage of

water or waterborne material as the 

direct result of the breaking apart or 

cracking of a water or sewer pipe that

is located off the "premises" and is

part of a municipal potable water 

supply system or municipal sanitary 

sewer system, if the breakage or 

cracking is caused by wear and tear. 

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But water damage does not include "loss" otherwise excluded under the terms of 

BUILDING AND BUSINESS PERSONAL

PROPERTY, SECTION A. COVERAGE, 

3. Covered Causes of Loss, (g) Water. Therefore, for example, there is no coverage under this Coverage Part in the situation in which discharge or leakage of water results from the breaking apart or 

cracking of a pipe which was caused by 

or related to weather-induced flooding,

even if wear and tear contributed to the 

breakage or cracking. As another example, and also in accordance with the 

terms of the Exclusion (g) Water, there is

no coverage for "loss" caused by or related to weather-induced flooding which follows or is exacerbated by pipe breakage

or cracking attributable to wear and tear. 

To the extent that accidental discharge or 

leakage of water falls within the criteria

set forth in 18.b.(1) or 18.b.(2) of this definition of "Specified causes of loss", such 

water is not subject to the provisions of

Exclusion (g) Water. 18. "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.

19. "Suspension" means:

a. The slowdown or cessation of your business activities; and

b. That a part or all of the "premises" is rendered untenantable.

20. "Valuable papers and records" means inscribed, printed or written documents, manuscripts or records, including abstracts, books, card index systems, deeds, drawings, films, maps, mortgages, or proprietary information. But "valuable papers and records" does not

mean "money" or "securities" or "electronic

data", including the materials on which the

"electronic data" is recorded.

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FA 4028 IL 07 17

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

ILLINOIS CHANGES

This endorsement modifies insurance provided under the following:

COMMERCIAL PROPERTY COVERAGEPART

A. Nuclear Hazard 

Exclusion (1)(d) Nuclear Hazard in SECTION A. COVERAGE, 3. Covered Causes of

Loss, b. Exclusions of the BUILDING AND

PERSONAL PROPERTY COVERAGE FORM

is deleted in its entiretyand replaced bythe following:

(d) Nuclear Hazard

Nuclear reaction or radiation, or radioactive contamination, however caused. However, if nuclear reaction or radiation,

or radioactive contamination, results in

fire, we will pay for the "loss" caused by

that fire.

B. Electrical Current

Exclusion (2)(a) Electrical Current in SECTION A. COVERAGE, 3. Covered Causes of

Loss, b. Exclusions of the BUILDING AND

PERSONAL PROPERTY COVERAGE FORM

is deleted in its entiretyand replaced bythe following:

(a) ElectricalCurrent

Artificially generated electrical or magnetic

or energy that damages, disturbs, disrupts

or otherwise interferes with any:

1) Electrical or electronic wire, device,

appliance, system or network; or

2) Device, appliance, system or network

utilizing cellular or satellite technology. For the purpose of this exclusion, electrical

or magnetic energy includes but is not limited to:

1) Electrical current, including arcing;

2) Electrical charge produced or conducted by a magnetic field; or

3) Pulse.

However, if fire results, we will pay for "loss"

caused by that fire.

C. Inventory or Appraisal 

The last paragraph in SECTION A. COVERAGE,

4. Additional coverages, e. Inventory or Appraisal is deleted in its entirety and replaced by 

the following:

The most we will pay for loss in any one occurrence under this Additional Coverage is $10,000. 

This Coverage is in addition to the Limit of Insurance shown in the Declarations. 

Case: 1:20-cv-04001 Document #: 1-1 Filed: 07/08/20 Page 69 of 236 PageID #:118
FA 4098 01 09 Page 1 of 2

CinciPlus®

COMMERCIAL PROPERTY POWER XC+® (EXPANDED

COVERAGE PLUS) ENDORSEMENT

SUMMARY OF COVERAGE LIMITS

This is a summary of the Coverages and the Limits of Insurance provided by the Commercial Property Power

XC+®(Expanded Coverage Plus) Endorsement, FA 258, in combination with the Commercial Property Cov- erage Form, FM101, which is included in this policy. No coverage is provided by this summary. Refer to

endorsement FA 258 and the Commercial Property Coverage Form, FM 101, to determine the scope of your

insurance protection.

Blanket Coverage Limit:

$ in total for all loss arising

from all Blanket Coverages arising from a

single occurrence, except as noted

Blanket Coverages:

otherwise in the form.

Page No.

(FA 258):

Accounts Receivable 1

Debris Removal 8

Electronic Data Processing Property (EDP): 2

Duplicate and Backup Electronic Data $2,000 in addition to the Blanket Coverage

Limit

3

Newly Acquired EDP $10,000 in addition to the Blanket Coverage

Limit

3

In Transit or Away From Premises $10,000 as part of the Blanket Coverage

Limit

4

Worldwide Laptop Coverage 4

Ordinance or Law (Increased Construction

Costs and Demolition)

6

Peak Season 8

Personal Property of Others 8

Tenant Move Back Expenses 7

Valuable Papers and Records 6

Other Coverages

(not subject to Blanket Coverage Limit):

Limit of Insurance: Page No.

(FA 258):

Brands and Labels $25,000 11

Business Income and Extra Expense: $100,000 1

Business Income From Dependent Properties $5,000 (sub-limit, subject to a 24 hour de- ductible)1

Interruption of Computer Operations $25,000 (sub-limit, subject to a 24 hour de- ductible)2

150,000

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FA 4098 01 09 Page 2 of 2

Other Coverages

(not subject to Blanket Coverage Limit):

Limit of Insurance: Page No.

(FA 258):

Fine Arts $25,000 5

Fire Department Service Charge $25,000 7

Fire Protection Equipment Recharge $50,000 8

Inflation Guard 4% on all Building Property referenced in the

Declarations

11

Non-Owned Building Damage: 10

Loss caused by theft, burglary or robbery Up to the Business Personal Property (BPP)

Limit of Insurance

10

Loss by any other Covered Cause of Loss $25,000 or the BPP Limit of Insurance

(whichever is less)

10

Ordinance or Law (other than Increased Con- struction Costs and Demolition)Subject to the Building Limit of Insurance 6

Outdoor Property $25,000 ($1,000 for any one tree, shrub or

plant)

7

Paved Surfaces $20,000 8

Personal Effects $25,000 ($1,000 for loss by theft) 7

Pollutant Clean Up and Removal $25,000 6

Signs $10,000 7

Temperature Change $15,000 9

Underground Property Subject to the Building Limit of Insurance 6

Utility Services - direct and time element $75,000 11

Overhead transmission and distribution lines $5,000 sublimit at 24 hr waiting period 11

Water Backup from Sewers, Drains or Sumps $10,000 7

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FA 450 05 16 Services Office, Inc., with its permission. Page 1 of 2

COMMERCIAL PROPERTY CONDITIONS

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

Conditions and Additional Conditions in Commercial Property Coverage Forms.

A. Concealment, Misrepresentation or Fraud

This Coverage Part is void in any case of 

fraud by you as it relates to this Coverage Part 

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

insured, at any time, intentionally conceal or 

misrepresent a material fact concerning:

1. This Coverage Part;

2. The Covered Property;

3. Your interest in the Covered Property; or

4. A claim under this Coverage Part. B. Control of Property

Any act or neglect of any person other than 

you beyond your direction or control will not 

affect this insurance. The breach of any condition of this Coverage 

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

time of direct "loss", 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", we will not pay more than

the actual amount of the "loss". 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 "loss" occurred.

E. Liberalization

If, within 60 days prior to the beginning of this 

Coverage Part or during the policy period, we 

make any changes to any forms or endorsements of this Coverage Part for which there is

currently no separate premium charge, and 

that change provides more coverage than this

Coverage Part, the change will be considered 

as included until the end of the current policy 

period. We will make no additional premium 

charge for this additional coverage during the 

interim.

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". 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", other than that described in

1. above, we will pay only for the amount 

of covered "loss" in excess of the amount

due from that other insurance, whether 

you can collect on it or not. However, we 

will not reimburse any deductible or

difference between Actual Cash Value

and Replacement Cost valuations. We 

will not pay more than the applicable Limit 

of Insurance.

H. Policy Period, Coverage Territory

Under this Coverage Part:

1. We cover "loss" commencing:

a. During the policy period shown in the

Declarations; and

b. Within the coverage territory.

2. The coverage territory:

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 direct "loss"

to impair them. But you may waive your rights

against another party in writing:

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1. Prior to a direct "loss" to your Covered

Property or Covered Income.

2. After a direct "loss" to your Covered 

Property or Covered Income only if, at 

time of direct "loss", that party is one of 

the following:

a. Someone insured by this insurance;

b. A business firm:

(1) Owned or controlled by you; or

(2) That owns or controls you; or

c. Your tenant. This will not restrict your insurance.

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FA 458 04 04 Risk Services, Inc., with its permission.

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

BUSINESS INCOME CHANGES - WAITING PERIOD

This endorsement modifies insurance provided under the following:

COMMERCIAL PROPERTY COVERAGE PART

SCHEDULE

"Period of Restoration" Waiting Period

 24 hours 48 hours 72 hours

A. Applicable Coverage Forms

This endorsement applies to the following Cov- erage Forms:

1. BUSINESS INCOME (AND EXTRA EX- PENSE) COVERAGE FORM, and

2. BUSINESS INCOME (WITHOUT EXTRA

EXPENSE) COVERAGE FORM

B. SECTION F. DEFINITIONS, 7. "Period of Restoration", is deleted in its entirety and replaced

with the following:

7. "Period of Restoration" means the period

of time that:

a. Begins:

(1) After the number of hours selected

and shown in the Schedule have

passed from the time of direct

physical "loss" for Business In- come coverage; or

(2) Immediately after the time of direct

physical "loss" for Extra Expense

coverage;

caused by or resulting from any Covered

Cause of Loss at the "premises"; and

b. Ends on the earlier of:

(1) The date when the property at the

"premises" should be repaired, re- built or replaced with reasonable

speed and similar quality; or

(2) The date when business is re- sumed 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".

X

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THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

CINCIPLUS®

COMMERCIAL PROPERTY POWER XC+

®

(EXPANDED COVERAGE PLUS) ENDORSEMENT

This endorsement modifies insurance provided under the following:

COMMERCIAL PROPERTY COVERAGE PART

The insurance coverage and Limits of Insurance provided by this endorsement are excess of, and apply in addition to, any similar or identical coverage provided by any other endorsement attached to 

this Coverage Part, or by any other Coverage Part forming a part of the policy of insurance of which

this Coverage Part forms a component.

SCHEDULE

Blanket Coverage Limit $

Applicable only to those coverages subject to the Blanket Coverage 

Limit, as indicated in this endorsement

A. Accounts Receivable

For the purposes of this endorsement only:

1. In BUILDING AND PERSONAL PROPERTY COVERAGE FORM, SECTION

A. COVERAGE, 5. Coverage Extensions, a. Accounts Receivable, the

second paragraph in (3)(b) Away From

Your Premises is deleted in its entirety 

and replaced by the following:

This limit of insurance for Away From 

Your Premises coverage is not included

within the Blanket Coverage Limit and is

separate and in addition to the Blanket 

Coverage Limit. 2. In BUILDING AND PERSONAL PROPERTY COVERAGE FORM, SECTION

A. COVERAGE, 5. Coverage Extensions, a. Accounts Receivable, the 

last paragraph is deleted in its entirety 

and replaced by the following:

The most we will pay for loss in any one 

occurrence under this Accounts Receivable Coverage Extension is the Blanket 

Coverage Limit as provided in Section Y

of this endorsement.

B. Business Income and Extra Expense

For the purposes of this endorsement only, in 

BUILDING AND PERSONAL PROPERTY 

COVERAGE FORM, SECTION A. COVERAGE, 5. Coverage Extensions, b. Business Income and Extra Expense is modified as follows:

1. Business Income From Dependent 

Properties

a. For Business Income from Dependent Properties only, Paragraph b.(1) is deleted in its entirety 

and replaced by the following:

(1) Business Income From Dependent Properties

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 "loss" to "dependent property" caused

by or resulting from any Covered Cause of Loss.

However, coverage under this

endorsement does not apply

when the only "loss" to "dependent property" is "loss" to

"electronic data", including destruction or corruption of "electronic data". If the "dependent

property" sustains "loss" to

150,000

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"electronic data" and other

property, coverage under this

endorsement will not continue

once the other property is repaired, rebuilt, or replaced. b. Limit of Insurance for Dependent 

Properties

The most we will pay for loss in one

occurrence under Business Income From Dependent Properties

is $5,000. This Limit of Insurance is

included within, and is not in addition to, the Limit of Insurance for the

"Business Income" and Extra Expense Coverage Extension. c. Loss Determination for Dependent Properties

For Business Income from Dependent Properties only, the following is added:

Resumption of Operations

We will reduce the amount of your:

(1) "Business Income" loss, other 

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

using any other available

(a) Source of materials; or

(b) Outlet for your products.

(2) Extra Expense loss to the extent you can return "operations"

to normal and discontinue such

Extra Expense.

d. Definitions

SECTION G. DEFINITIONS is

amended to include the following

definitions:

(1) "Dependent property" means

property operated by others

whom you depend on to:

(a) Deliver materials or services to you, or to others

for your account (Contributing Locations). But any

property which delivers the

following services is not a

Contributing Location with

respect to such services:

1) Water Supply services;

2) Power Supply services; or

3) Communication supply services, including 

services relating to internet access or access to any electronic

network;

(b) Accept your products or

services;

(c) Manufacture products for

delivery to your customers

under contract of sale; or

(d) Attract customers to your

business.

(2) The "Period of restoration" Definition, with respect to "dependent property", is replaced

by the following:

"Period of restoration" means

the period of time that:

(a) Begins 24 hours after the

time of direct "loss" caused

by or resulting from any 

Covered Cause of Loss at

the "premises" of the "dependent property"; and

(b) Ends on the date when the

property at the "premises" of the "dependent property" 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 ordinance or law 

that:

(a) Regulates the construction, use or repair, or requires the tearing down of

any property; or

(b) 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

Coverage Part will not cut short 

the "period of restoration". The most we will pay is the Business 

Income From Dependent Properties

sublimit of insurance. This Limit of Insurance is included within, and is not in

addition to, the Limit of Insurance for the 

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"Business Income" and Extra Expense

Coverage Extension. 2. Interruption of Computer Operations

a. For Interruption of Computer Operations only, all references to 

$2,500 in b. Business Income and 

Extra Expense, Paragraph (7)(c)

are deleted and replaced by

$25,000. b. BUILDING AND PERSONAL

PROPERTY COVERAGE FORM, 

SECTION G. DEFINITIONS is

amended as follows:

With respect to a "suspension" of "operations" caused only by an interruption in computer operations

due to the destruction or corruption

of "electronic data" as described in 

SECTION A. COVERAGE, 5. Coverage Extensions, d. Electronic 

Data, Paragraph a. of Definition 11. "Period of restoration" is deleted

and replaced by the following:

a. Begins 24 hours after the time 

of direct "loss". 3. Business Income and Extra Expense

Revised Limits of Insurance

The last paragraph is deleted in its entirety and replaced by the following:

The most we will pay for loss in any one 

occurrence under this "Business Income" and Extra Expense Coverage Extension is $100,000.

C. Electronic Data Processing Property

For the purposes of this endorsement only, 

BUILDING AND PERSONAL PROPERTY 

COVERAGE FORM, SECTION A. COVERAGE, 5. Coverage Extensions is amended 

by adding the following:

Electronic Data Processing Property

(1) Covered Property

You may extend the Coverage provided

by this Coverage Part to apply to direct "loss" to Covered Property consisting of

your:

(a) Data processing equipment;

(b) Air conditioning and other electrical 

equipment, used exclusively with

your data processing equipment;

(c) Programming documentation and

instruction manuals;

(d) "Electronic data", but only as excess over what is valid and collectible under SECTION A. COVERAGE, 5. Coverage Extensions, d. Electronic Data;

(e) Media, meaning materials on which "electronic data" is recorded, such 

as magnetic tapes, disc packs, paper tapes and cards, floppy discs 

and compact discs used in processing units; and

(f) Property of others in your care, custody or control that is similar to

property described in (1)(a) through 

(e) above.

(2) Property Not Covered

This Coverage Extension does not apply 

to:

(a) Accounts, records, documents and

other "valuable papers and records" unless they are programming documentation or instruction manuals. However, we will cover these items 

once they are converted to "electronic data" form.

(b) "Electronic data" or media that cannot be replaced with similar property 

of equal quality.

(c) Your property that you have rented

or leased to someone else and that 

property is not at your "premises".

(d) Any machine or apparatus that is

used for research, medical, diagnostic, surgical, dental or pathological purposes.

(e) "Production equipment".

(3) Exclusions

(a) BUILDING AND PERSONAL

PROPERTY COVERAGE FORM, 

SECTION A. COVERAGE, 3. Covered Causes of Loss, b. Exclusions does not apply except as follows:

1) Exclusion (1)(c) Governmental Action;

2) Exclusion (1)(d) Nuclear Hazard;

3) Exclusion (1)(f) War and Military Action;

4) Exclusion (2)(b) Delay or

Loss of Use;

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5) Exclusion (2)(d) Miscellaneous Causes of Loss, 1) Wear 

and tear;

6) Exclusion (2)(h) Dishonest or

Criminal Acts;

7) Exclusion (3)(b) Acts or Decisions; and

8) Exclusion (3)(c) Defects, Errors and Omissions.

(b) In addition to Paragraph (3)(a) of 

this Coverage Extension, we will

not pay for the following:

Hidden or latent defect, gradual deterioration, and depreciation. How- ever, if direct "loss" by a Covered

Cause of Loss results, we will pay 

for that resulting "loss". 

(4) Duplicate and Backup "Electronic Data" We will pay for direct "loss" resulting

from any of the Covered Causes of Loss 

to duplicate and backup "electronic data"

that you store at a "premises" not described in the Declarations providing

such "electronic data" is not covered by

another policy. The most we will pay for 

loss in any one occurrence is $2,000. This Limit of Insurance is in addition to

the other limits provided by this Coverage Extension.

(5) Newly Purchased Electronic Data

Processing Property

BUILDING AND PERSONAL PROPERTY COVERAGE FORM, SECTION

A. COVERAGE, 5. Coverage Extensions, i. Newly Purchased, Leased or

Constructed Property is deleted in its 

entirety and replaced by the following:

(a) We will pay for direct "loss" from a 

Covered Cause of Loss to newly 

purchased or leased Covered

Property described in Paragraph (1) 

of this Coverage Extension while at:

1) Locations that are newly purchased or leased;

2) Your newly constructed buildings or additions at a "premises"; or

3) Any "premises" described in

the Declarations.

(b) Insurance under this Coverage Extension for such newly acquired 

property, or Covered Property already insured by this Coverage Extension which is moved to a newly 

acquired location, will end when any 

of the following first occurs:

1) This Coverage Part expires;

2) 90 days pass from the date you

acquire your new property or

move Covered Property to a

newly acquired location; or

3) You report values to us. The most we will pay for loss in any one 

occurrence is $10,000. This Limit of Insurance is in addition to the other limits

provided by this Coverage Extension. 

(6) In Transit or Away From Premises

SECTION A. COVERAGE, 5. Coverage 

Extensions, e. Exhibitions, Fairs or 

Trade Shows, m. Property Off Premises and p. Transportation are deleted 

in their entirety and replaced by the following:

(a) You may extend the insurance provided by this Coverage Extension to 

apply to Covered Property as described in Paragraph (1):

1) While in or on a vehicle, including loading and unloading; or

2) While at a location that is not

your "premises".

(b) This In Transit or Away From

Premises coverage does not apply

per location.

The most we will pay for loss in any one 

occurrence is $10,000. This Limit of Insurance is not in addition to the other 

limits provided by this Coverage Extension.

(7) Worldwide Laptop Coverage

(a) You may extend the insurance provided by this Coverage Extension to

apply to your laptops, notebooks 

and similar highly portable personal 

computers, including their peripherals and accessories, while such

specific Covered Property is:

1) In your or your employee's 

care, custody and control;

2) Not located at a "premises" you

own or lease; and

3) Not located in the coverage territory stated in Paragraph 2. of

the Commercial Property Condition H. Policy Period, Coverage Territory, provided that 

location is not under a United

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States Department of State

trade or travel restriction at the

time of "loss".

(b) This Worldwide Laptop Coverage

does not apply per location.

(8) Electronic Data Processing Property 

Deductible

SECTION C. DEDUCTIBLE is amended

to include the following:

We will not pay for direct "loss" in any

one occurrence unless the amount of "loss" exceeds the Deductible shown in 

the Declarations. We will then pay the

amount of "loss" in excess of the Deductible, up to the Limit of Insurance 

provided by this Coverage Extension.

However, direct "loss" caused by or resulting from any of the following Causes

of Loss will have the greater of the Deductible shown in the Declarations or 

$1,000 as the applicable deductible:

a. "Loss" caused by faulty construction, error in design or processing, or service or work upon the data processing system;

b. "Loss" resulting in mechanical

breakdown, short circuiting, blowout, 

or other electrical damage, unless 

caused by lightning; or

c. "Loss" caused by or resulting from 

interruption of power supply, power 

surge, blackout or brownout.

(9) Electronic Data Processing Property 

Valuation

SECTION D. LOSS CONDITIONS, 7. Valuation is deleted in its entirety and

replaced by the following:

7. Valuation of Electronic Data Processing Property

In the event of direct "loss", we will

determine the value of Covered

Property as described in Paragraph

(1) of this Coverage Extension as

follows:

a. Except for "electronic data":

(1) If you repair or replace this

Electronic Data Processing

property within a reasonable time following the direct "loss", the property will

be valued at the full cost of

repair or replacement.

However, the most we will

pay is the least of the following:

(a) The actual cost to repair or restore the 

property with materials of like kind and 

quality;

(b) The cost of replacing 

that property with 

property of similar 

quality and function;

(c) The amount you actually and necessarily 

spend to repair or replace the property; or

(d) The Limit of Insurance 

applicable to the 

property.

(2) If you do not repair or replace this property within a

reasonable time following

a direct "loss", the most we

will pay will be the least of

the following:

(a) "Actual cash value" of

the property;

(b) "Actual cash value" of

repairs with material 

of like kind and quality; or

(c) The Limit of Insurance 

applicable to the 

property.

We reserve the right to repair or replace the property

or to pay for the property in

money.

In the event of "loss", the

value of property will be

determined at the time of

direct "loss". b. For "electronic data":

We will not pay more than the

actual reproduction costs of

your "electronic data". If you do

not replace or reproduce your "electronic data" following the "loss", the most we will pay is

the cost of blank media as described in Paragraph C.(1)(e) of

this Coverage Extension.

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(10)Electronic Data Processing Property 

Additional Definition

The following definition is added to

SECTION G. DEFINITIONS of the

BUILDING AND PERSONAL PROPERTY COVERAGE FORM:

"Production equipment" means any machinery and related components, including any integrated or dedicated computer system, which is used, or can be

used, to produce or process other tangible property.

The most we will pay in total for all loss in

any one occurrence for coverages described

in Paragraphs C.(1), (6), and (7) is the Blanket Coverage Limit as provided in Section Y. of this endorsement.

D. Fine Arts

For the purposes of this endorsement only,

BUILDING AND PERSONAL PROPERTY 

COVERAGE FORM, SECTION A. COVERAGE, 5. Coverage Extensions is amended 

to include the following:

Fine Arts

(1) We will pay for direct "loss" to paintings,

etchings, pictures, tapestries, art glass

windows, and other bona fide works of 

art of rarity, historical value, or artistic

merit. The direct "loss" must be caused

by or result from a Covered Cause of 

Loss.

(2) SECTION D. LOSS CONDITIONS, 7. Valuation is deleted in its entirety and

replaced by the following:

We will determine the value of Covered

Property in the event of direct "loss" at

the market value at the time of "loss". The most we will pay for loss in any one occurrence under this Coverage Extension is

$25,000. E. Ordinance or Law

For the purposes of this endorsement only, 

BUILDING AND PERSONAL PROPERTY 

COVERAGE FORM, SECTION A. COVERAGE, 4. Additional Coverages, g. Ordinance or Law, the last paragraph is deleted

in its entirety and replaced by the following:

The most we will pay for loss in any one occurrence under Paragraph (a) Loss of Use

of Undamaged Parts of the Building is the 

Limit of Insurance shown in the COMMERCIAL PROPERTY COVERAGE PART DECLARATIONS as applicable to the covered 

building or structure sustaining "loss". This 

Coverage is included within, and not in addition to, that applicable Limit of Insurance. 

The most we will pay for all loss in any one

occurrence under Paragraph (b) Demolition 

Costs and Paragraph (c) Increased Costs 

of Construction is the Blanket Coverage

Limit as provided in Section Y of this endorsement per building or structure sustaining loss. This is an additional Limit of Insurance applicable to the building or structure 

sustaining loss. F. Pollutant Clean Up and Removal

For the purposes of this endorsement only, in

BUILDING AND PERSONAL PROPERTY 

COVERAGE FORM, SECTION A. COVERAGE, 4. Additional Coverages, h. Pollutant 

Clean Up and Removal, the last paragraph 

is deleted in its entirety and replaced by the 

following:

The most we will pay for each "premises" under this Pollutant Clean Up and Removal 

Coverage Extension is $25,000. This limit includes the sum of all covered expenses arising out of Covered Causes of Loss during 

each "coverage term". This is in addition to

the Limits of Insurance shown in the COMMERCIAL PROPERTY COVERAGE PART

DECLARATIONS. G. Underground Property

For the purposes of this endorsement only,

BUILDING AND PERSONAL PROPERTY 

COVERAGE FORM, SECTION A. COVERAGE, 5. Coverage Extensions is amended 

to include the following:

Underground Property

(1) We will pay for direct "loss" resulting

from any of the Covered Causes of Loss

to:

(a) Foundations of covered buildings,

structures, machinery or boilers, if

their foundations are below the low- est basement floor or the surface of 

the ground if there is no basement;

and

(b) Underground pipes, flues or drains

if they are attached to Covered

Property.

(2) SECTION A. COVERAGE, 2. Property 

Not Covered, g. Foundations is deleted in its entirety and replaced by the following:

g. Foundations

Foundations of buildings, structures, machinery or boilers, if their foundations are below:

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(1) The lowest basement floor; or

(2) The surface of the ground, if

there is no basement;

except as provided in SECTION A. COVERAGE, 5. Coverage Extensions.

(3) SECTION A. COVERAGE, 2. Property 

Not Covered, n. Underground Pipes, 

Flues or Drains is deleted in its entirety 

and replaced by the following:

n. Underground Pipes, Flues or

Drains

Underground pipes, flues or drains,

except as provided in SECTION A. COVERAGE, 5. Coverage Extensions.

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

the COMMERCIAL PROPERTY COVERAGE PART DECLARATIONS as applicable

to the covered building or structure incurring 

direct "loss". This Coverage is included within, and not in addition to, that applicable Limit 

of Insurance. 

H. Valuable Papers and Records

For the purposes of this endorsement only:

1. In BUILDING AND PERSONAL PROPERTY COVERAGE FORM, SECTION

A. COVERAGE, 5. Coverage Extensions, r. Valuable Papers and Records, the second paragraph in (4)(b) 

Away From Your Premises is deleted 

in its entirety and replaced by the following:

This limit of insurance for Away From

Your Premises coverage is not included 

within the Blanket Coverage Limit and is

separate and in addition to the Blanket 

Coverage Limit.

2. In BUILDING AND PERSONAL PROPERTY COVERAGE FORM, SECTION

A. COVERAGE, 5. Coverage Extensions, r. Valuable Papers and Records, the last paragraph is deleted in its

entirety and replaced by the following:

The most we will pay for loss in any one 

occurrence under this Valuable Papers

and Records Coverage Extension is the

Blanket Coverage Limit as provided in

Section Y of this endorsement.

I. Water Backup Discharged from Sewers, Drains, Septic or Sump Pump Systems

For the purposes of this endorsement only:

(1) BUILDING AND PERSONAL PROPERTY COVERAGE FORM, SECTION

A. COVERAGE, 3. Covered Causes of 

Loss, b. Exclusions, (1)(g) Water, Paragraph 3) is deleted in its entirety 

and replaced by the following:

3) Except as provided in SECTION A. COVERAGE, 5. Coverage Extensions, Water Backup Discharged

from Sewers, Drains, Septic or

Sump Pump Systems, water that

has entered and then backs up 

through and is discharged from a 

sewer, drain, septic system, sump 

pump system or related equipment;

or

(2) BUILDING AND PERSONAL PROPERTY COVERAGE FORM, SECTION

A. COVERAGE, 3. Covered Causes of 

Loss, b. Exclusions, (1)(g) Water, Paragraph 5) is deleted in its entirety 

and replaced by the following:

5) Except as provided in SECTION A. COVERAGE, 5. Coverage Extensions, Water Backup Discharged

from Sewers, Drains, Septic or

Sump Pump Systems, 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 as described

in Paragraph (g)2).

(3) BUILDING AND PERSONAL PROPERTY COVERAGE FORM, SECTION

A. COVERAGE, 5. Coverage Extensions, is amended to include the following:

Water Backup Discharged From Sew- ers, Drains, Septic or Sump Pump 

Systems

We will pay for "loss" caused by or resulting from water or waterborne material that has entered and then backs up 

through and is discharged from a sewer, drain (including roof drains and related 

fixtures), septic system, sump pump system or related equipment.

(4) SECTION C. DEDUCTIBLE is amended

by adding the following:

Water Backup Deductible

We will not pay for "loss" in any one occurrence caused by or resulting from 

water or waterborne material which

backs up through and is discharged from 

a sewer, drain, septic system, sump 

pump system or related equipment, until 

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ductible shown in the Declarations, or 

$1,000, whichever is greater. We will 

then pay the amount of "loss" in excess

of that deductible, up to the applicable 

limit indicated in Paragraph (5) of this

Coverage Extension.

(5) The most we will pay for loss in any one

occurrence under this Water Backup 

Discharged from Sewers, Drains, Septic

or Sump Pump Systems Coverage Extension is $10,000, including any "Business Income", "Rental Value" and Extra

Expense loss. J. Fire Department Service Charge

For the purposes of this endorsement only, 

BUILDING AND PERSONAL PROPERTY 

COVERAGE FORM, SECTION A. COVERAGE, 4. Additional Coverages, c. Fire Department Service Charge is deleted in its

entirety and replaced by the following:

When the fire department is called to save or 

protect Covered Property from a Covered 

Cause of Loss, we will pay up to $25,000 in 

any one occurrence for Fire Department Service Charge for your liability, which is determined prior to direct "loss", for fire department service charges:

(1) Assumed by contract or agreement; or

(2) Required by local ordinance. This Coverage is in addition to the Limits of 

Insurance shown in the COMMERCIAL

PROPERTY COVERAGE PART DECLA- RATIONS and applies per location. Such limit is the most we will pay regardless of the 

number of responding fire departments or fire 

units, and regardless of the number or type

of services performed.

K. Signs

For the purposes of this endorsement only, in

BUILDING AND PERSONAL PROPERTY 

COVERAGE FORM, SECTION A. COVERAGE, 5. Coverage Extensions, n. Signs, 

the second paragraph is deleted in its entirety and replaced by the following:

The most we will pay for loss in any one occurrence under this Sign Coverage Extension 

is $10,000.

L. Outdoor Property

For the purposes of this endorsement only, in 

BUILDING AND PERSONAL PROPERTY 

COVERAGE FORM, SECTION A. COVERAGE, 5. Coverage Extensions, k. Outdoor 

Property, the last paragraph is deleted in its

entirety and replaced by the following:

The most we will pay for loss in any one occurrence under this Outdoor Property Coverage Extension is $25,000, but not more than 

$1,000 for any one tree, shrub, or plant. M. Personal Effects

For the purposes of this endorsement only, in

BUILDING AND PERSONAL PROPERTY 

COVERAGE FORM, SECTION A. COVERAGE, 5. Coverage Extensions, l. Personal 

Effects, the last two paragraphs are deleted 

in their entirety and replaced by the following:

If theft is included as a Covered Cause of 

Loss under this Coverage Part, then this

Personal Effects Coverage Extension has a

$1,000 per occurrence limitation for direct "loss" by theft.

The most we will pay for loss in any one occurrence under this Personal Effects Coverage Extension is $25,000.

N. Tenant Move Back Expenses

For the purposes of this endorsement only, 

BUILDING AND PERSONAL PROPERTY 

COVERAGE FORM, SECTION A. COVERAGE, 5. Coverage Extensions is amended

to include the following:

Tenant Move Back Expenses

(1) We will reimburse you for expenses you

pay for Covered Move Back Costs of 

your tenants who temporarily vacate a

portion of the building at a "premises". The vacancy must have occurred while 

the portion of the building rented by your 

tenant could not be occupied due to direct "loss" to your Covered Property 

caused by or resulting from a Covered

Cause of Loss during the "coverage

term". The move back must be completed within 60 calendar days after the portion of the building rented by your tenant 

has been repaired or rebuilt and is ready 

for occupancy.

(2) Covered Move Back Costs means only 

documented, reasonable and necessary 

costs of:

(a) Packing, insuring and transporting 

business personal property;

(b) Re-establishing electric utility and 

communication services, less refunds from discontinued services;

(c) Assembling and setting up fixtures

and equipment; or

(d) Unpacking and re-shelving stock

and supplies.

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(3) If your tenants have valid and collectible 

insurance for Covered Move Back

Costs, we will pay only for the amount of 

Covered Move Back Costs in excess of 

the amount payable from such other insurance.

The most we will pay for loss in any one occurrence under this Tenant Move Back Expenses Coverage Extension is the Blanket

Coverage Limit as provided in Section Y of 

this endorsement.

O. Peak Season

For the purposes of this endorsement only, 

BUILDING AND PERSONAL PROPERTY 

COVERAGE FORM, SECTION A. COVERAGE, 5. Coverage Extensions is amended 

to include the following:

Peak Season

1. In the event that the limit of insurance 

stated in the Declarations for Business

Personal Property is insufficient to fully 

insure a covered "loss" due to a Peak

Season Demand for your inventory, we

will pay up to the Blanket Coverage Limit 

as provided in Section Y of this endorsement. 2. Peak Season Demand means a temporary (90 consecutive days or less) increase in your inventory to meet a seasonal demand as verified by:

a. Your previous inventory records for 

that historical period of time; and

b. Custom and practice in your industry.

P. Personal Property of Others

For the purposes of this endorsement only, 

BUILDING AND PERSONAL PROPERTY 

COVERAGE FORM, SECTION A. COVERAGE, 5. Coverage Extensions is amended 

to include the following:

Personal Property of Others

In the event that the limit of insurance stated 

in the COMMERCIAL PROPERTY COVERAGE PART DECLARATIONS for Business

Personal Property is insufficient to fully insure a covered "loss" to both your Covered

Personal Property and property described in 

Paragraph (8) of SECTION A. COVERAGE,

1. Covered Property, d. Business Personal Property, we will pay up to the Blanket

Coverage Limit in any one occurrence as

provided in Section Y of this endorsement for

such property. 

Q. Debris Removal

For the purposes of this endorsement only, 

BUILDING AND PERSONAL PROPERTY 

COVERAGE FORM, SECTION A. COVERAGE, 5. Coverage Extensions is amended 

to include the following:

In the event that the limits of insurance stated 

in BUILDING AND PERSONAL PROPERTY 

COVERAGE FORM, SECTION A. COVERAGE, 4. Additional Coverages, b. Debris 

Removal are insufficient to fully cover a "loss" insured thereunder, we will pay up to 

the Blanket Coverage Limit in any one occurrence as provided in Section Y of this endorsement.

R. Fire Protection Equipment Recharge

For the purposes of this endorsement only, 

BUILDING AND PERSONAL PROPERTY 

COVERAGE FORM, SECTION A. COVERAGE, 4. Additional Coverages, d. Fire Protection Equipment Recharge, the last paragraph is deleted and replaced by the following:

The most we will pay for loss in any one occurrence under this Fire Protection Equipment Recharge Coverage Extension is

$50,000. This Coverage is in addition to the 

Limits of Insurance shown in the COMMERCIAL PROPERTY COVERAGE PART DECLARATIONS. S. Paved Surfaces

For the purposes of this endorsement only:

1. BUILDING AND PERSONAL PROPERTY COVERAGE FORM, SECTION

A. COVERAGE, 2. Property Not Covered, i. Paved Surfaces is deleted in its

entirety and replaced by the following:

Except as provided in 4. Additional 

Coverages, Paved Surfaces, bridges, roadways, walks, patios or other paved 

surfaces. 2. BUILDING AND PERSONAL PROPERTY COVERAGE FORM, SECTION

A. COVERAGE, 4. Additional Coverages is amended to include the following:

Paved Surfaces

We will pay for direct "loss" resulting

from any of the Covered Causes of Loss 

to bridges, roadways, walks, patios or 

other paved surfaces. The most we will pay for loss in any one

occurrence under this Paved Surfaces

Coverage Extension is $25,000.

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T. Temperature Change

For the purposes of this endorsement only, 

BUILDING AND PERSONAL PROPERTY 

COVERAGE FORM, SECTION A. COVERAGE, 5. Coverage Extensions is amended 

to include the following:

Temperature Change

(1) Coverage

(a) BUILDING AND PERSONAL

PROPERTY COVERAGE FORM, 

SECTION A. COVERAGE, 1. Covered Property is deleted in its entirety and replaced by the following:

Covered Property means "perishable stock" located in a building at a "premises".

(b) BUILDING AND PERSONAL

PROPERTY COVERAGE FORM, 

SECTION A. COVERAGE, 2.

Property Not Covered is deleted in 

its entirety and replaced by the following:

Covered Property does not include: "Perishable Stock" Not in Buildings

"Perishable stock" located on buildings, in or on vehicles, or otherwise

in the open.

(2) Covered Causes of Loss

BUILDING AND PERSONAL PROPERTY COVERAGE FORM, SECTION

A. COVERAGE, 3. Covered Causes of 

Loss, a. Covered Causes of Loss is

deleted in its entirety and replaced by 

the following:

a. Covered Causes of Loss

Covered Causes of Loss means direct "loss" from "temperature 

change" to Covered Property unless

"loss" is excluded or limited in this

Coverage Part.

(3) Excluded Causes of Loss

(a) BUILDING AND PERSONAL

PROPERTY COVERAGE FORM 

SECTION A. COVERAGE, 3. Covered Causes of Loss, b. Exclusions does not apply to this Coverage Extension, except as follows:

(1) Exclusion (1)(b) Earth Movement;

(2) Exclusion (1)(c) Governmental Action;

(3) Exclusion (1)(d) Nuclear Hazard;

(4) Exclusion (1)(f) War and Military Action;

(5) Exclusion (1)(g) Water; or

(6) Exclusion (1)(h) "Fungi", Wet 

Rot, Dry Rot, and Bacteria.

(b) In addition to Paragraph (3)(a) of 

this Coverage Extension, we will not

pay for direct "loss" caused by or

resulting from any of the following:

1) The disconnecting of any heating, refrigerating, cooling or 

humidity control system from 

the source of its power;

2) The deactivation of electrical

power caused by the manipulation of any switch or other device (on "premises") used to

control the flow of electrical

power or current;

3) The inability of an Electrical

Utility Company or other power

source to provide sufficient

power due to:

a) Lack of fuel; or

b) Governmental order;

4) The inability of a power source

at the "premises" to provide

sufficient power due to the lack

of generating capacity to meet 

demand; or

5) Breaking of any glass that is a

permanent part of any heating, refrigeration, cooling or humidity control unit.

(4) Limits of Insurance

BUILDING AND PERSONAL PROPERTY COVERAGE FORM, SECTION

B. LIMITS OF INSURANCE is deleted in 

its entirety and replaced by the following:

SECTION B. LIMITS OF INSURANCE

a. The most we will pay for all direct "loss" in any one occurrence under

this Temperature Change Coverage

Extension is $15,000, including any "Business Income", "Rental Value", and Extra Expense loss. b. The Limit of Insurance for Temperature Change is not an additional 

amount of insurance and will not increase the Limit of Insurance shown

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in the Declarations for Business

Personal Property or "stock".

(5) Duties in the Event of Loss

BUILDING AND PERSONAL PROPERTY COVERAGE FORM, SECTION

D. LOSS CONDITIONS, 3. Duties in

the Event of Loss or Damage, a.(2) is

deleted in its entirety and replaced by 

the following:

(2) All claims under this Temperature 

Change Coverage Extension should 

be reported immediately upon occurrence. Include a description of

the damaged "perishable stock". All

damaged "perishable stock" must 

be available for inspection and verification.

(6) Coinsurance

BUILDING AND PERSONAL PROPERTY COVERAGE FORM, SECTION

E. ADDITIONAL CONDITIONS, 1. Coinsurance does not apply to the coverage provided by this endorsement.

(7) Definitions

BUILDING AND PERSONAL PROPERTY COVERAGE FORM, SECTION

G. DEFINITIONS is amended to include

the following definitions:

"Perishable stock" means personal 

property:

a. Preserved and maintained under 

controlled conditions; and

b. Susceptible to "loss" if the controlled conditions change.

"Temperature change" means:

a. The fluctuation or total interruption

of electrical power, either on or off "premises", resulting from conditions beyond your control. b. Mechanical breakdown or mechanical failure of any refrigerating or 

cooling apparatus or equipment (on "premises") including the blowing of 

any fuse, fuses, or circuit breakers, only while such equipment is at the

"premises". c. Contamination by refrigerant.

d. Damage due to the freezing of "perishable stock" that is not meant to 

be frozen resulting from the faulty

operation of any stationary heating

plant, when such "perishable stock"

is contained within a building at the "premises".

U. Nonowned Building Damage

For the purposes of this endorsement only, 

BUILDING AND PERSONAL PROPERTY 

COVERAGE FORM, SECTION A. COVERAGE, 5. Coverage Extensions, j.

Nonowned Building Damage is deleted in 

its entirety and replaced by the following:

If you are a tenant, you may extend the insurance provided by this Coverage Part for

Business Personal Property to direct "loss"

that occurs to the building at a "premises" you occupy but do not own. This Coverage Extension applies only if your 

lease makes you legally responsible for that 

part of the building sustaining "loss". This Coverage Extension does not apply to:

(1) Glass, including lettering and ornamentation, and also necessary:

(a) Repair or replacement of encasing 

frames or alarm tapes; and

(b) Expenses incurred to board up

openings or remove or replace obstruction.

(2) Building materials and equipment removed from the "premises". The most we will pay for loss in any one occurrence under this Nonowned Building

Damage Coverage Extension is:

(1) The actual "loss" sustained up to the

applicable Limit of Insurance for Business Personal Property for direct "loss" caused by theft, burglary or robbery, or 

the attempt of the foregoing; or

(2) The applicable Limit of Insurance for 

Business Personal Property or $25,000, whichever is less, for "loss" caused by

any other Covered Cause of Loss, not 

referenced in Paragraph U.(1) above.

V. Inflation Guard

For the purposes of this endorsement only,

the COMMERCIAL PROPERTY COVERAGE PART DECLARATIONS is amended to

show 4% for Inflation Guard in the OPTIONAL COVERAGES - Inflation Guard column

for each scheduled Building Property. If an 

Inflation Guard percentage is already indicated on the COMMERCIAL PROPERTY 

COVERAGE PART DECLARATIONS for 

that Building property, this percentage is excess of that Inflation Guard percentage for

that Building property.

W. Brands and Labels

For the purposes of this endorsement only, 

BUILDING AND PERSONAL PROPERTY 

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COVERAGE FORM, SECTION A. COVERAGE, 5. Coverage Extensions is amended 

to include the following:

Brands and Labels

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 re-label the merchandise

or its containers to comply with the law.

The most we will pay for loss in any one 

occurrence under this Brands and Labels Coverage Extension is $25,000. X. Utility Services

For the purposes of this endorsement only, 

BUILDING AND PERSONAL PROPERTY 

COVERAGE FORM, SECTION A. COVERAGE, 5. Coverage Extensions, q. Utility 

Services is deleted in its entirety and replaced by the following:

q. Utility Services

We will pay for:

(1) Direct "loss" to Covered Property at 

your "premises" except for direct "loss" resulting from the partial or

complete failure of Wastewater 

Removal Services; and

(2) Loss of "Business Income", "Rental 

Value" and Extra Expenses as provided in SECTION A. COVERAGE, 5. Coverage Extensions, b. Business Income and Extra Expense;

caused by or resulting from the partial or

complete failure of utility services to the

"premises". The partial or complete failure of the

utility services listed below must be

caused by direct "loss" caused by a

Covered Cause of Loss to the following

property: 

(1) Power Supply Property, meaning 

the following types of property supplying electricity, steam or natural

gas to the "premises":

(a) Utility generating plants;

(b) Switching stations;

(c) Substations;

(d) Transformers; and

(e) Transmission, distribution, service, or similar lines, including

all such overhead lines of any

type, except as modified in

Paragraph X.(6) below;

(2) Water Supply Property, meaning 

the following types of property supplying water to the "premises":

(a) Pumping stations; and

(b) Water mains.

(3) Wastewater Removal Property,

meaning a utility system for removing wastewater and sewage from 

the "premises", other than a system 

designed primarily for draining 

storm water. The utility property includes sewer mains, pumping stations and similar equipment for 

moving the effluent to a holding,

treatment or disposal facility, and

includes such facilities. Coverage

under this Coverage Extension

does not apply to interruption in 

service caused by or resulting from 

a discharge of water or sewage due

to heavy rainfall or flooding.

(4) Communication Supply Property,

meaning property supplying communication services, including service relating to Internet access or 

access to any electronic, cellular, or

satellite network; telephone, radio,

microwave, or television services to

the "premises", such as:

(a) Communication transmission,

distribution, service, or similar 

lines, including fiber optic lines,

including all such overhead

lines of any type, except as

modified in Paragraph X.(6) below;

(b) Coaxial cables; and

(c) Microwave radio relays, excluding satellites.

(5) This Coverage Extension does not 

apply to direct "loss" to "electronic

data", including destruction or corruption of "electronic data".

(6) When "loss" from the partial or 

complete interruption of utility services to a "premises" is caused 

solely by "loss" to overhead lines of

any type:

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(a) The most we will pay in any 

one occurrence for direct "loss" and loss of "Business Income", "Rental Value" and Extra Expense is $5,000. This Limit of

Insurance is part of, not in addition to, the Limit of Insurance

provided by this Utility Services

Coverage Extension; and

(b) For loss of "Business Income", "Rental Value" and Extra Expense, SECTION G. DEFINITIONS, 11. Period of restoration, Paragraph a. is deleted in

its entirety and replaced by the

following:

a. Begins:

(1) 24 hours after the time 

of direct "loss" for "Business Income" and "Rental Value" Coverage; or

(2) Immediately after the 

time of direct "loss" for 

Extra Expense Coverage. The most we will pay for all direct "loss" and

loss of "Business Income", "Rental Value" and Extra Expense in any one occurrence

under this Utility Services Coverage Extension is $75,000. Y. Blanket Coverage Limit

We will pay up to the Limit of Insurance stated in the Schedule of this endorsement in total in any one occurrence for the sum of all "loss" insured under coverages provided in 

this endorsement which are subject to the 

Blanket Coverage Limit. You may apportion 

this Limit among these coverages as you

choose.

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FA 244 05 11 Page 1 of 3

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EQUIPMENT BREAKDOWN COVERAGE

(Excluding Production Machinery)

This endorsement modifies insurance provided under the following:

COMMERCIAL PROPERTY COVERAGE FORM

A. COVERAGE

1. BUILDING AND PERSONAL PROPERTY COVERAGE FORM, SECTION A. COVERAGE is amended by adding the 

following:

We will pay for direct damage to Covered 

Property caused by or resulting from an "accident" at the "premises". 2. BUILDING AND PERSONAL PROPERTY COVERAGE FORM, SECTION A. COVERAGE, 3. Covered Causes of

Loss, b. Exclusions is amended by:

a. Adding the following to (1)(e) Utility 

Services, (1)(g) Water 1), (2)(a) 

Electrical Current, (2)(d) Miscellaneous Causes of Loss, (2)(j) Exposure to Weather, (3)(a) Weather

Conditions, (3)(b) Acts or Decisions, and (3)(c) Defects, Errors,

and Omissions:

However, this exclusion does not apply if these causes of loss are caused 

by, or result from, an "accident" to

Covered Property at the "premises". b. Deleting in its entirety (2)(e) Explosion of Steam Apparatus.

3. BUILDING AND PERSONAL PROPERTY COVERAGE FORM, SECTION A. COVERAGE, 3. Covered Causes of

Loss, c. Limitations is amended:

a. By deleting in its entirety:

(1) (1)(a) Steam Apparatus; and

(2) (1)(b) Hot Water Boilers, b. And by adding the following:

The following limitations apply only to "loss" covered by this endorsement.

The sublimits provided in Paragraphs

(1), (2) and (3) below are included 

within, and are not in addition to, the 

Limit of Insurance shown in the Declarations as applicable to the Covered 

Property. These limits, or the applicable Limit of Insurance shown in the 

Declarations as applicable to the 

Covered Property, whichever is less, 

apply. These limits apply to direct 

damage only.

(1) Ammonia Contamination Limitation

If Covered Property is contaminated by ammonia as a result of

an "accident" to Covered Property at the "premises", the most 

we will pay for this kind of damage, including salvage expense, 

is $50,000 per location.

(2) Data, Media and Software Restoration

If "electronic data" is destroyed 

or corrupted as a result of an

"accident" to covered equipment, 

the most we will pay for the expenses incurred by you for the

restoration of that "electronic

data" is $50,000 for all loss sustained in the "coverage term", regardless of the number of "accidents" or the number of "premises" involved.

(3) "Hazardous Substance" Limitation

The following applies despite the

operation of the Ordinance or 

Law Exclusion. 

If Covered Property is damaged, contaminated or polluted by a

"hazardous substance" as a result of an "accident" to Covered 

Property at the "premises", the

most we will pay for any additional expenses incurred by you

for clean up, repair, replacement 

or disposal of that property is

$50,000. As used here, additional expenses mean expenses

incurred beyond those for which

we would be liable if no "hazardous substance" had been involved. B. Additional Coverages

For the purposes of the coverages in this endorsement only, BUILDING AND PERSONAL 

PROPERTY COVERAGE FORM, SECTION 

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A. COVERAGE, 4. Additional Coverages is 

amended as follows:

1. The first paragraph is deleted in its entirety and replaced with the following:

All other terms and conditions of this Coverage Part, including Limits of Insurance 

and deductibles, apply to these Additional 

Coverages. 2. The following is added:

a. Drying Out

If electrical equipment included in 

Covered Property requires "drying

out" as a result of a "flood", the reasonable expense incurred for the "drying out" will be covered. This Additional Coverage is included within

the Limit of Insurance shown in the 

Declarations as applicable to the 

Covered Property. b. Expediting Expenses

With respect to "loss" covered by this 

endorsement, and with respect to 

your damaged Covered Property, we 

will pay the reasonable extra cost to:

(1) Make temporary repairs;

(2) Expedite permanent repairs; and

(3) Expedite permanent replacement.

c. Non-Owned Utility Service Equipment

We will pay for indirect loss resulting

from an "accident" to non-owned utility equipment described in E. Definitions, 1.a.(6) but we will not pay for 

any expense to repair or replace direct damage to non-owned utility 

equipment that:

(1) You do not own, lease or rent, or

(2) That is not in your care custody 

and control. This Additional Coverage is included

within the Limit of Insurance shown in the 

Declarations as applicable to the Covered 

Property.

C. Deductible

For the purposes of the coverages in this endorsement only, BUILDING AND PERSONAL 

PROPERTY COVERAGE FORM, SECTION 

C. DEDUCTIBLE is amended by adding the 

following:

The deductible applicable to "loss" covered by 

this endorsement is $500, or the deductible indicated in the Declarations as being applicable

to the lost or damaged Covered Property, 

whichever is greater.

D. Conditions

For the purposes of the coverages in this endorsement only, BUILDING AND PERSONAL 

PROPERTY COVERAGE FORM, SECTION 

E. ADDITIONAL CONDITIONS is amended by

adding the following:

1. Suspension

Whenever any 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 

delivering or mailing a written notice of 

suspension to:

a. Your last known address; or

b. The address where the covered 

equipment is located.

Once suspended in this way, your insurance can be reinstated only by written notice from us.

If we suspend your insurance, you will get 

a pro rata refund of premium for that covered equipment. However, the suspension 

will be effective even if we have not yet 

made or offered a refund. 2. Inspection

If any Covered Property requires inspection to comply with state or municipal 

boiler and pressure vessel regulations, we 

agree to perform such inspection on your 

behalf. E. Definitions

For the purposes of the coverages in this endorsement only, BUILDING AND PERSONAL 

PROPERTY COVERAGE FORM, SECTION 

G. DEFINITIONS is amended by adding the

following:

1. a."Accident" means a sudden and accidental breakdown of the following covered 

equipment:

(1) Any boiler;

(2) Any fired or unfired pressure vessel 

subject to vacuum or internal pressure other than the static pressure of

its contents;

(3) Any piping and its accessory equipment;

(4) Any refrigeration or air conditioning 

system; or

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(5) Any mechanical or electrical machine 

or apparatus used for the generation, 

transmission or utilization of mechanical or electrical power.

(6) Equipment of a type described in 

definition a.(1) through (5) above 

which you do not own, lease or rent

and is not in your care, custody or 

control that is on or within one mile of

a covered "location", and is supplying

you with electricity, gas, water, 

steam, heat, refrigeration, air conditioning or communication services.

At the time the breakdown occurs, it must 

become apparent by physical damage 

that requires repair or replacement of the 

covered equipment or part thereof. b. None of the following is an "accident":

(1) Depletion, deterioration, corrosion or 

erosion, wear and tear;

(2) Leakage at any valve, fitting, shaft

seal, gland packing, joint or connection;

(3) The functioning of any safety or protective device; or

(4) The breakdown of any structure or 

foundation.

c. None of the following are covered equipment:

(1) Any sewer piping, underground gas

piping, or piping forming a part of a 

sprinkler system;

(2) Water piping other than boiler feed 

water piping, boiler condensate return

piping or water piping forming a part 

of a refrigeration or air conditioning 

system;

(3) Insulating or refractory material;

(4) Vehicle, elevator, escalator, conveyor, hoist or crane;

(5) Felt, wire, screen, die, extrusion 

plate, swing hammer, grinding disc, cutting blade, non-electrical cable,

chain, belt, rope, clutch plate, brake 

pad, nonmetallic part, or any part or 

tool subject to periodic replacement; 

or

(6) "Production Machinery". d. If a strike, riot, civil commotion, act of 

sabotage or vandalism results in an "accident", this insurance applies. However, 

the War and Military Action Exclusion and 

the conditions of this Coverage Part still 

apply.

2. "Drying out" means restoration of electrical 

equipment to service following a "flood" by removal of excess moisture from that equipment 

including:

a. Application of heat or controlled electrical 

current, circulation of air, or use of dehumidification equipment, after rinsing the 

electrical equipment with clean fresh water if necessary to flush away "flood" debris;

b. "Drying out" can be done in place or 

equipment can be disconnected and removed to a repair facility for drying if necessary.

c. "Drying out" does not include or apply to:

(1) Replacement or repair of any electrical equipment or parts thereof; or

(2) Any expense related to deconstruction, demolition, or reconstruction of

any building component, structure or 

part thereof to gain access to electrical equipment.

3. "Flood" means a general and temporary condition of partial or complete inundation of normally dry land areas due to:

a. The overflow of inland or tidal waters;

b. The unusual or rapid accumulation or 

runoff of surface waters from any source;

or

c. Mudslides or mudflows, which are caused 

by flooding as defined above in Paragraph 

3.b. For the purpose of this Covered 

Cause of Loss, a mudslide or mudflow involves a river of liquid and flowing mud on 

the surface of normally dry land areas as

when earth is carried by a current of water 

and deposited along the path of the current.

All flooding in a continuous or protracted 

event will constitute a single "flood".

4. "Hazardous Substance" means a substance

declared to be hazardous to health by a governmental agency.

5. "Production Machinery" means:

a. Production or process machine or apparatus that processes, forms, cuts, shapes

grinds or conveys raw material, material in 

process or finished products, and the 

computers and their peripherals that control or operate such a machine or apparatus. b. Machine or apparatus used for research, 

medical, diagnostic, surgical, dental or 

pathological purposes, and computers

and their peripherals that control or operate such a machine or apparatus.

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BUSINESS INCOME (AND EXTRA EXPENSE)

COVERAGE FORM - ILLINOIS

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.

SECTION A. COVERAGE

Coverage is provided as described and limited below for one or more of the following options for

which a Limit of Insurance is shown in the Declarations:

a. "Business Income" including "Rental Value". b. "Business Income" other than "Rental Value". c. "Rental Value".

If option a. above is selected, the term "Business

Income" will include "Rental Value". If option c.

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. 1. Business Income

a. 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 "loss" 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" must be caused by or result from a 

Covered Cause of Loss. With respect to "loss" to personal property in the open (or

personal property in a vehicle or portable 

storage unit), the "premises" include the 

area within 1,000 feet of the building or 

1,000 feet of the "premises", whichever 

distance is greater. b. With respect to the requirements set forth 

in the preceding paragraph, if you are a

tenant and occupy only part of the site at 

which the "premises" are located, for the

purposes of this Coverage Part only, your "premises" is the portion of the building

which you rent, lease or occupy, including:

(1) Any area within the building or on the

site at which the "premises" are located if that area services or is used 

to gain access to the described

"premises".

(2) Your personal property in the open 

(or in a vehicle or portable storage

unit) within 1,000 feet of the building 

or 1,000 feet of the "premises", whichever distance is greater.

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 at

that "premises". b. Extra Expense means necessary expenses you sustain (as described in Paragraphs 2.c., d. and e.) during the "period 

of restoration" that you would not have 

sustained if there had been no direct "loss" to property caused by or resulting

from a Covered Cause of Loss. c. If these expenses reduce the otherwise 

payable "Business Income" loss, we will

pay expenses (other than the expense to

repair or replace property as described in

Paragraph 2.d.) to:

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

(a) At the "premises"; or

(b) At replacement "premises" or 

temporary locations, including

relocation expenses and costs to

equip and operate the replacement location or temporary location; or

(2) Minimize the "suspension" of business if you cannot continue "operations". d. We will also pay expenses to:

(1) Repair or replace property; or 

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(2) Research, replace or restore the lost

information on damaged "valuable

papers and records";

but only to the extent this payment reduces the otherwise payable "Business Income" loss. If any property obtained for 

temporary use during the "period of restoration" remains after the resumption of

normal "operations", the amount we will 

pay under this Coverage Form will be reduced by the salvage value of that property.

e. Extra Expense as described in Paragraphs 2.a. thru 2.d. does not apply to

"loss" to Covered Property as described

in the BUILDING AND PERSONAL

PROPERTY COVERAGE FORM. 3. Covered Causes of Loss

See BUILDING AND PERSONAL PROPERTY COVERAGE FORM, SECTION A. COVERAGE, 3. Covered Causes of Loss.

4. Limitation for Electronic Data

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" to

"electronic data", except as provided under SECTION A. COVERAGE, 5. Additional Coverages, d. 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" to "electronic data", except as provided under

SECTION A. COVERAGE, 5. Additional 

Coverages, d. Interruption of Computer Operations. c. This Limitation does not apply when "loss" to "electronic data" involves only

"electronic data" which is integrated in 

and operates or controls a building's elevator, lighting, heating, ventilation, air 

conditioning or security system.

5. Additional Coverages

The Additional Coverages in Paragraphs 5.a.

through 5.e. are included within and not additional "Business Income" and Extra Expense 

Limits of Insurance.

a. Alterations and New Buildings

We will pay for the actual loss of "Business Income" you sustain and necessary

Extra Expense you sustain due to direct "loss" at the "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

(3) Machinery, equipment, supplies or 

building materials located on or within 1,000 feet of the "premises" and:

(a) Used in the construction, alterations or additions; or

(b) Incidental to the occupancy of

new buildings.

If such direct "loss" 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 "loss" had not occurred. b. Civil Authority

When a Covered Cause of Loss causes

direct damage to property other than 

Covered Property at the "premises", we

will pay for the actual loss of "Business

Income" you sustain and necessary Extra

Expense you sustain caused by action of

civil authority that prohibits access to the "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

(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 immediately after the

time of the first action of civil authority that 

prohibits access to the "premises" and will 

apply for a period of up to 30 consecutive 

days 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 "premises" and will 

end 30 consecutive days after the date of

that action; or when your Civil Authority 

coverage for "Business income" coverage

ends, whichever is later.

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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

Coverage Part, we will pay for the actual loss of "Business Income" you

sustain 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 "loss" had occurred; or

(ii) 60 consecutive days after

the date determined in

c.(1)(a) above.

However, Extended Business Income

does not apply to loss of "Business

Income" sustained as a result of unfavorable business conditions caused

by the impact of the Covered Cause

of Loss in the area where the "premises" are located.

Loss of "Business Income" must be

caused by direct "loss" at the "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 Coverage

Part, we will pay for the actual loss of "Rental Value" you sustain 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 "loss" had occurred; or

(ii) 60 consecutive days after

the date determined in

c.(2)(a) above.

However, Extended Business Income 

does not apply to loss of "Rental Value" sustained as a result of unfavorable business conditions caused by the impact of 

the Covered Cause of Loss in the area

where the "premises" are located.

Loss of "Rental Value" must be caused by 

direct "loss" at the described "premises" caused by or resulting from any Covered

Cause of Loss.

d. Interruption of Computer Operations

(1) Subject to all provisions of this Additional Coverage - Interruption of 

Computer Operations, 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. This Additional Coverage - Interruption of Computer Operations

does not apply when loss to "electronic data" only involves loss to

"electronic data" which is integrated 

in and operates or controls a building's elevator, lighting, heating, ventilation, air conditioning or security 

system.

(2) 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 an 

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.

(3) The most we will pay under this Additional Coverage - Interruption of 

Computer Operations is $2,500 for 

all loss sustained and expense sustained in any "coverage term", 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

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amount, then the balance is available 

for loss or expense sustained as a 

result of subsequent interruptions in

that "coverage term". A balance remaining at the end of a "coverage

term" does not increase the amount 

of insurance in the next "coverage

term". With respect to any interruption which begins in one "coverage

term" and continues or results in additional loss or expense in that subsequent "coverage term", all loss and

expense is deemed to be sustained

in the "coverage term" in which the

interruption began.

(4) This Additional Coverage - Interruption in Computer Operations does

not apply to loss sustained or expense sustained after the end of the

"period of restoration", even if the 

amount of insurance stated in Paragraph d.(3) of this Additional Coverage has not been exhausted.

e. Ingress and Egress

We will pay for the actual loss of "Business Income" you sustain and necessary

Extra Expense you sustain caused by the

prevention of existing ingress or egress at 

a "premises" shown in the Declarations

due to direct "loss" by a Covered Cause

of Loss at a location contiguous to such

"premises". However, coverage does not 

apply if ingress or egress from the "premises" is prohibited by civil authority. 

Ingress and egress coverage for "Business Income" will begin immediately after 

the time of the direct "loss" and will continue for a period up to 30 consecutive

days.

Ingress and egress coverage for Extra 

Expense will begin at time of the direct "loss" and will continue for 30 consecutive

days or whenever your Ingress and 

Egress "business income" coverage 

ends, whichever occurs first.

6. Coverage Extension

The limit applicable to the Coverage Extension 

is in addition to the Limit of Insurance. SECTION D. ADDITIONAL CONDITION, 1. Coinsurance does not apply to this Coverage Extension. Newly Purchased or Leased Locations

a. You may extend your "Business Income" and Extra Expense coverages to apply to

property located at:

(1) New buildings or additions while being built on a "premises";

(2) Buildings you newly purchase or become required to insure by written 

contract; or

(3) Leased buildings or space therein

that you are not required to insure.

Such lease must be for a period of 12

consecutive months or longer.

This does not apply to property situated at 

trade shows, fairs or exhibitions. b. The most we will pay in total for "Business

Income" and Extra Expense loss under 

this Coverage Extension is $100,000 at 

each location described in Paragraph 6.a.

c. Insurance under this Coverage Extension 

will end when any of the following first occurs:

(1) This policy expires;

(2) 90 days pass from the date you

begin construction on that part of the 

building that would qualify as Covered Property; 

(3) 90 days pass from the date you purchase, lease, or become contractually required to insure property described in Paragraphs 6.a.(2) and (3); 

or 

(4) You report values to us when you

acquire your new building or business personal property. We will charge you additional premium for

values reported from the date you purchase or 

lease the property or begin construction on 

that part of the building that would qualify as 

Covered Property. SECTION 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.

SECTION 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 "Business Income" or Extra Expense 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 "Business Income" or Extra 

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Expense loss. If they fail to agree, they will

submit their differences to the umpire. A decision agreed to by any two will be binding, however you retain the right to file suit against 

us. 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 you have a "Business Income" or Extra Expense loss:

(1) Notify the police if a law may have

been broken.

(2) Give us prompt notice of the direct "loss". Include a description of the

property involved.

(3) As soon as possible, give us a description of how, when, and where

the direct "loss" 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 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 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. 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 "loss" occurred;

(2) The likely Net Income of the business

if no direct "loss" 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 "loss"; 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 sustained by "operations" during the "period of restoration" if no direct "loss" 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

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(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 "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 insured 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.

SECTION D. ADDITIONAL CONDITION

1. 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:

a. The Coinsurance percentage shown for "Business Income" in the Declarations; 

times

b. The sum of:

(1) The Net Income (Net Profit or Loss

before income taxes), and

(2) Operating expenses, including payroll expenses,

that would have been earned or incurred

(had no direct "loss" occurred) by your "operations" at the "premises" for the 12

months following the inception, or last 

previous anniversary date, of this Coverage Part (whichever is later).

Instead, we will determine the most we will 

pay using the following steps:

1. Multiply the Net Income and operating

expense for the 12 months following the

inception, or last previous anniversary 

date, of this Coverage Part by the Coinsurance percentage;

2. Divide the Limit of Insurance for the described "premises" 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.

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 payroll expenses or the amount of 

payroll expense excluded (if Form FA 465

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 No. 1 (Underinsurance):

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ing the inception, or last previous

anniversary date of this Coverage

Part at "premises" would have 

been $400,000. The Coinsurance percentage is 50%

The Limit of Insurance Is $150,000

"Business Income" 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 No. 2 (Adequate Insurance):

When: The Net Income and operating expenses for the 12 months following 

the inception, or last previous anniversary date of this Coverage Part at

the "premises" would have been 

$400,000.

The Coinsurance percentage is 50%

The Limit of Insurance Is $200,000

"Business Income" 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. SECTION 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. SECTION D. ADDITIONAL CONDITIONS, 1. Coinsurance does not apply 

to this Coverage Part at the "premises" to

which this Optional Coverage applies. b. The most we will pay in total for "Business

Income" and Extra Expense loss is the

lesser of:

(1) The amount of "Business Income" and Extra Expense loss sustained 

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. SECTION D. ADDITIONAL CONDITIONS, 1. Coinsurance does not apply 

to this Coverage Part at the "premises" to

which this Optional Coverage applies. b. The most we will pay for "Business Income" loss 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 "Business Income" 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:

$120,000 X 1/4 = $30,000.

If, in this example, the actual amount of "Business Income" 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 on file with the Company 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. The "Business Income" Limit of Insurance

indicated on the Declarations should

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be at least equal to the Agreed Value, which is determined by:

(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. Except as noted in c. below, the ADDITIONAL CONDITION Coinsurance is

suspended until the expiration date of this

Coverage Part.

c. We will reinstate the ADDITIONAL CONDITION Coinsurance automatically if you

do not submit a new Work Sheet and 

Agreed Value:

(1) When you request a change in your "Business Income" Limit of Insurance; or

(2) When you request the coinsurance 

percentage be changed on the Work

Sheet.

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

"Business Income" loss is $80,000

Step (a): $100,000 ÷ $200,000 = .50

Step (b): .50 X $80,000 = $40,000

We will pay $40,000. The remaining $40,000

is not covered.

4. Extended Period of Indemnity

In SECTION A. COVERAGE, 5. Additional 

Coverages, c. Extended Business Income, 

the number "60" in Subparagraphs (1)(b) and

(2)(b) is replaced by the number shown in the

Declarations for this Optional Coverage. SECTION F. DEFINITIONS

1. "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

sustained, including payroll. 

2. "Computer programs" 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.

3. "Coverage term" means the following individual increment, or if a multi-year policy period,

increments, of time, which comprise the policy 

period of this Coverage Part: 

a. The year commencing on the Effective 

Date of this Coverage Part at 12:01 A.M. standard time at your mailing address

shown in the Declarations, and if a multi- year policy period, each consecutive annual period thereafter, or portion thereof if 

any period is for a period of less than 12

months, constitute individual "coverage

terms". The last "coverage term" ends at 

12:00 A.M. standard time at your mailing

address shown in the Declarations on the

earlier of:

(1) The day the policy period shown in

the Declarations ends; or

(2) The day the policy to which this Coverage Part is attached is terminated 

or cancelled. b. However, if after the issuance of this

Coverage Part, any "coverage term" is

extended for an additional period of less

than 12 months, that additional period of 

time will be deemed to be part of the last 

preceding "coverage term". 4. "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.

5. "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.

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6 "Loss" means accidental physical loss or accidental physical damage.

7. "Operations" means:

a. Your business activities occurring at the

"premises"; and

b. The tenantability of the "premises", if coverage for "Business Income" including

"Rental Value" or "Rental Value" applies. 8. "Period of restoration" means the period of

time that:

a. Begins at the time of direct "loss". b. Ends on the earlier of:

(1) The date when the property at the

"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.

c. "Period of restoration" does not include

any increased period required due to the

enforcement of or compliance with 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". d. The expiration date of the Coverage Part 

will not cut short the "period of restoration". 9. "Pollutants" means any solid, liquid, gaseous

or thermal irritant or contaminant, including 

smoke, vapor, soot, fumes, acids, alkalis, asbestos, chemicals, petroleum, petroleum 

products and petroleum by-products, and

waste. Waste includes materials to be recycled, reconditioned or reclaimed. "Pollutants"

include but are not limited to substances 

which are generally recognized in industry or 

government to be harmful or toxic to persons, 

property, or the environment regardless of 

whether injury or damage is caused directly or 

indirectly by the "pollutants" and whether:

a. You are regularly or otherwise engaged in

activities which taint or degrade the environment; or

b. You use, generate or produce the "pollutant". 10. "Premises" means the Locations and Buildings described in the Declarations. 11. "Rental Value" means "Business Income" that 

consists of:

a. Net income (Net Profit or 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 "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. 12. "Suspension" means:

a. The slowdown or cessation of your business activities; and

b. That a part or all of the "premises" is rendered untenantable if coverage for "Business Income" including "Rental Value" or "Rental Value" applies. 13. "Valuable papers and records" means inscribed, printed or written documents, manuscripts or records, including abstracts, books, card index systems, deeds, drawings, films, maps, mortgages, or proprietary information. 

But "valuable papers and records" does not

mean "money" or "securities" or "electronic

data", including the materials on which the

"electronic data" is recorded.

Case: 1:20-cv-04001 Document #: 1-1 Filed: 07/08/20 Page 99 of 236 PageID #:148
THE CINCINNATI INSURANCE COMPANY

A Stock Insurance Company

COMMERCIAL GENERAL LIABILITY COVERAGE

PART DECLARATIONS

Attached to and forming part of POLICY NUMBER:

Named Insured is the same as it appears in the Common Policy Declarations

LIMITS OF INSURANCE

EACH OCCURRENCE LIMIT $

GENERAL AGGREGATE LIMIT $

PRODUCTS-COMPLETED OPERATIONS AGGREGATE LIMIT $

PERSONAL & ADVERTISING INJURY LIMIT $ ANY ONE PERSON OR

ORGANIZATION

DAMAGE TO PREMISES RENTED TO YOU LIMIT ANY ONE

$100,000 limit unless otherwise indicated herein: $ PREMISES

MEDICAL EXPENSE LIMIT

$5,000 limit unless otherwise indicated herein: $ ANYONEPERSON

EPP 049 72 16

1,000,000

2,000,000

2,000,000

1,000,000

SEE GA227

CLASSIFICATION CODE

NO.

PREMIUM

BASE

RATE ADVANCE PREMIUM

A - Area B - Payroll

C - Gross Sales D - Units E - Other

Products /

Completed

Operations

All Other Products /

Completed

Operations

All Other

RESTAURANTS (IL) 16941 C602,118 .385 4.612 232 2,777

EXTENDED LIABILITY 20296 2% 125 MP

The General Liability Coverage Part is subject to an

annual minimum premium.

TOTAL ANNUAL PREMIUM $ 3,134

FORMS AND / OR ENDORSEMENTS APPLICABLE TO COMMERCIAL GENERAL LIABILITY COVERAGE PART:

GA101 12/04 COMMERCIAL GENERAL LIABILITY COVERAGE FORM

NOTICE TO POLICYHOLDERS - MOBILE EQUIPMENT SUBJECT TO MOTOR 

VEHICLE INSURANCE LAWS

GA4251 01/06

CG2407 01/96 PRODUCTS/COMPLETED OPERATIONS HAZARD REDEFINED

GA227 09/17 COMMERCIAL GENERAL LIABILITY EXTENDED ENDORSEMENT

EXCLUSION - ACCESS OR DISCLOSURE OF CONFIDENTIAL OR PERSONAL 

INFORMATION AND DATA-RELATED LIABILITY - WITH LIMITED BODILY 

INJURY EXCEPTION

GA3024 05/14

GA4205IL 10/01 ILLINOIS CHANGES - KNOWN INJURY OR DAMAGE

GA4250 11/05 MOBILE EQUIPMENT SUBJECT TO MOTOR VEHICLE INSURANCE LAWS

NOTICE TO POLICYHOLDERS - EXCLUSION - CONTRACTORS - 

PROFESSIONAL LIABILITY

GA4510 03/19

GA 532 07 08 Page of EPP 049 72 16 1 1

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COMMERCIAL GENERAL LIABILITY COVERAGE FORM

Various provisions in this Coverage Part restrict

this insurance. Read the entire Coverage Part

carefully to determine rights, duties and what is

and is not covered.

Throughout this Coverage Part the words "you"

and "your" refer to the Named Insured shown in

the Declarations, and any other person or organi- zation qualifying as a Named Insured under this

Coverage Part. The words "we", "us" and "our"

refer to the Company providing this insurance.

The word "insured" means any person or organi- zation 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 PROP- ERTY 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 insur- ance 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 in- sured against any "suit" seeking dam- ages for "bodily injury" or "property dam- age" to which this insurance does not

apply. We may, at our discretion, investi- gate any "occurrence" and settle any

claim or "suit" that may result. But:

(1) The amount we will pay for damages

is limited as described in SECTION

III - LIMITS OF INSURANCE; and

(2) Our right and duty to defend ends

when we have used up the applica- ble limit of insurance in the payment

of judgments or settlements under

SECTION I - COVERAGES, COV- ERAGE A. BODILY INJURY AND

PROPERTY DAMAGE LIABILITY;

SECTION I - COVERAGES, COV- ERAGE B. PERSONAL AND AD- VERTISING INJURY LIABILITY; or

medical expenses under SECTION I - COVERAGES, COVERAGE C.

MEDICAL PAYMENTS. No other obligation or liability to pay sums

or perform acts or services is covered

unless expressly provided for under

SUPPLEMENTARY PAYMENTS - COV- ERAGES A AND B. b. This insurance applies to "bodily injury"

and "property damage" only if:

(1) The "bodily injury" or "property dam- age" is caused by an "occurrence"

that takes place in the "coverage territory";

(2) The "bodily injury" or "property dam- age" occurs during the policy period;

and

(3) Prior to the "coverage term" in which

"bodily injury" or "property damage"

occurs, you did not know, per Para- graph 1.d. below, that the "bodily injury" or "property damage" had oc- curred or had begun to occur, in

whole or in part.

c. "Bodily injury" or "property damage"

which:

(1) Occurs during the "coverage term";

and

(2) Was not, prior to the "coverage

term", known by you, per Paragraph

1.d. below, to have occurred;

includes any continuation, change or re- sumption of that "bodily injury" or "prop- erty damage" after the end of the "cover- age term" in which it first became known

by you.

d. You will be deemed to know that "bodily

injury" or "property damage" has oc- curred at the earliest time when any

"authorized representative":

(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";

(3) First observes, or reasonably should

have first observed, the "bodily injury" or "property damage";

(4) Becomes aware, or reasonably

should have become aware, by any

means other than as described in (3)

above, that "bodily injury" or "prop- erty damage" had occurred or had

begun to occur; or

(5) Becomes aware, or reasonably

should have become aware, of a

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condition from which "bodily injury"

or "property damage" is substantially

certain to occur.

e. Damages because of "bodily injury" in- clude damages claimed by any person or

organization for care, loss of services or

death resulting at any time from the "bodily injury".

2. Exclusions

This insurance does not apply to:

a. Expected or Intended Injury

"Bodily injury" or "property damage"

which may reasonably be expected to re- sult from the intentional or criminal acts of

the insured or which is in fact expected or

intended by the insured, even if the injury

or damage is of a different degree or type

than actually expected or intended. 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 agree- ment; or

(2) Assumed in a contract or agreement

that is an "insured contract", pro- vided the "bodily injury" or "property

damage" occurs subsequent to the

execution of the contract or agree- ment. When a claim for such "bodily

injury" or "property damage" is

made, we will defend that claim pro- vided the insured has assumed the

obligation to defend such claim in the

"insured contract". Such defense

payments will not reduce the limits of

insurance.

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 intoxi- cation of any person;

(2) The furnishing of alcoholic bever- ages to a person under the legal

drinking age or under the influence

of alcohol; or

(3) Any statute, ordinance or regulation

relating to the sale, gift, distribution

or use of alcoholic beverages.

This exclusion applies only if you are in

the business of manufacturing, distributing, selling, serving or furnishing alcoholic

beverages.

d. Workers' Compensation and Similar

Laws

Any obligation of the insured under a

workers' compensation, disability benefits

or unemployment compensation law or

any similar law.

e. Employer's Liability

"Bodily injury" to:

(1) An "employee" of the insured sustained in the "workplace";

(2) An "employee" of the insured arising

out of the performance of duties related to the conduct of the insured's

business; or

(3) The spouse, child, parent, brother or

sister of that "employee" as a conse- quence of Paragraphs (1) or (2)

above.

This exclusion applies:

(1) Whether the insured may be liable

as an employer or in any other ca- pacity; and

(2) 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 "in- sured contract".

f. Pollutant

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

arising out of the actual, alleged or

threatened discharge, dispersal,

seepage, migration, release, escape

or emission 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, Paragraph (a) does

not apply to:

1) "Bodily injury" to any person

injured while on any premises, site or location owned

or occupied by, or rented or

loaned to, you provided:

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a) The injury is caused by

the inadequate ventilation of vapors;

b) The person injured is

first exposed to such

vapors during the policy period; and

c) Within 30 days of such

first exposure, the per- son injured is clinically

diagnosed or treated

by a physician for the

medical condition

caused by the expo- sure to such vapors.

However, Paragraph c)

does not apply if the

"bodily injury" is caused

by vapors produced by

or originating from

equipment that is used

to heat, cool or dehu- midify the building, or

equipment that is used

to heat water for per- sonal use, by the

building's occupants or

their guests.

This exception 1) shall ap- ply only to Named Insureds;

we shall have no duty to

defend or pay damages for

any person or organization

that is not a Named In- sured. However, this para- graph does not apply if the

"bodily injury" is caused by

vapors 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.

For the purpose of the ex- ception granted in Para- graph 1) only, vapors

means any gaseous or air- borne irritant or airborne

contaminant, including

smoke, fumes, vapor or

soot, but excluding asbestos, which is discharged,

dispersed, emitted, released or escapes from

materials, machinery or

equipment used in the

service or maintenance of

the premises. Vapors does

not mean any gaseous or

airborne irritants or contaminants used in a manufacturing process or which

is the product or by-product

of any manufacturing proc- ess;

2) "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 this Coverage Part

as an additional insured

with respect to your ongoing operations or "your

work" 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 ad- ditional insured; or

3) "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, stor- age, disposal, processing or

treatment of waste;

(c) Which are or were at any time

transported, handled, stored,

treated, disposed of, or proc- essed as waste by or for:

1) Any insured; or

2) Any person or organization

for whom you may be le- gally responsible;

(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, Para- graph (d) does not apply to:

1) "Bodily injury" or "property

damage" arising out of the

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cape or emission of fuels,

lubricants or other operating

fluids, or exhaust gases,

which are needed to perform, or are the result of,

the normal electrical, hy- draulic or mechanical functions necessary for the op- eration of "mobile equip- ment" or its parts, if such

fuels, lubricants or other

operating fluids, or exhaust

gases, escape, seep or mi- grate, or are discharged,

dispersed, released or

emitted from a vehicle part

designed to hold, store or

receive them. This exception does not apply if the fu- els, lubricants or other op- erating fluids, or exhaust

gases, escape, seep or mi- grate, or are discharged,

dispersed, released or

emitted with the intent to

cause "bodily injury" or

"property damage" or with

the knowledge that "bodily

injury" or "property damage"

is substantially certain to

occur, or if such fuels, lubri- cants or other operating

fluids, or exhaust gases,

are brought on or to the

premises, site or location

with such intent to escape,

seep or migrate, or be dis- charged, dispersed, released or emitted as part of

the operations being performed by such insured,

contractor or subcontractor;

2) "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

3) "Bodily injury" or "property

damage" arising out of heat,

smoke or fumes from a

"hostile fire"; or

(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 require- ment that any insured or others

test for, monitor, clean up, re- move, contain, treat, detoxify or

neutralize, or in any way re- spond to, or assess the effects

of, "pollutants"; or

(b) Claim or suit by or on behalf of a

governmental authority for dam- ages 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, Paragraphs (2)(a) and (b)

do not apply to liability for damages

because of "property damage" that

the insured would have in the ab- sence of such request, demand, or- der or statutory or regulatory re- quirement, 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 air- craft, "auto" or watercraft owned or oper- ated by or rented or loaned to any in- sured. 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 "prop- erty damage" involved the ownership,

maintenance, use or entrustment to oth- ers 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 51 feet long; and

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(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 in- sured;

(4) Liability assumed under any "insured

contract" for the ownership, mainte- nance 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 on, attached

to, or part of, a land vehicle that

would qualify under the definition of "mobile equipment" if it

were not subject to a compul- sory or financial responsibility

law or other motor vehicle insur- ance law in the state where it is

licensed or principally garaged;

or

(b) The operation of any of the ma- chinery 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 equip- ment" by an "auto" owned or oper- ated 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, in- cluding action in hindering or defending against an actual or ex- pected attack, by any government,

sovereign or other authority using

military personnel or other agents; or

(3) Insurrection, rebellion, revolution,

usurped power, or action taken by

governmental authority in hindering

or defending against any of these.

j. Damage to Property

"Property damage" to:

(1) Property you own, rent or occupy,

including any costs or expenses in- curred by you, or any other person,

organization or entity, for repair, re- placement, 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 an 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 exclu- sion do not apply to "property damage"

(other than damage by fire or explosion)

to premises, including the contents of

such premises, rented to you for a period

of 7 or fewer consecutive days, for which

the amount we will pay is limited to the

Damage To Premises Rented To You

Limit 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 ex- clusion 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 haz- ard".

k. Damage to Your Product

"Property damage" to "your product"

arising out of it or any part of it.

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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 haz- ard".

This exclusion does not apply if the dam- aged work or the work out of which the

damage arises was performed on your

behalf by a subcontractor.

m. Damage to Impaired Property or Prop- erty 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 prod- uct" 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

Any liability or damages claimed for any

loss, cost or expense incurred by you or

others for the loss of use, withdrawal, re- call, 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 with- drawn or recalled from the market or from

use by any person or organization be- cause 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. Asbestos

"Bodily injury" or "property damage" arising out of, attributable to, or any way related to asbestos in any form or trans- mitted in any manner.

q. Employment-Related Practices

"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) Other employment-related practices, policies, acts or omissions

including but not limited to coer- cion, criticism, demotion,

evaluation, failure to promote,

reassignment, discipline, defa- mation, harassment, humiliation

or discrimination directed at that

person; or

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

sister of that person as a conse- quence of "bodily injury" to that per- son at whom any of the employmentrelated practices described in Para- graphs (a), (b) or (c) above is directed.

This exclusion applies:

(1) Whether the insured may be liable

as an employer or in any other ca- pacity; and

(2) To any obligation to share damages

with or repay someone else who

must pay damages because of the

injury.

r. Additional Insured Prior Knowledge

An additional insured added by attach- ment of an endorsement to this Coverage

Part that is seeking coverage for a claim

or "suit", if that additional insured knew,

per the following paragraph, that "bodily

injury" or "property damage" had oc- curred or had begun to occur, in whole or

in part, prior to the "coverage term" in

which such "bodily injury" or "property

damage" occurs or begins to occur.

An additional insured added by attach- ment of an endorsement to this Coverage

Part will be deemed to have known that

"bodily injury" or "property damage" has

occurred or has begun to occur at the

earliest time when that additional insured,

or any one of its owners, members, part- ners, managers, executive officers, "em- ployees" assigned to manage that additional insured's insurance program, or

"employees" assigned to give or receive

notice of an "occurrence", "personal and

advertising injury" offense, claim or "suit":

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(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";

(3) First observes, or reasonably should

have first observed, the "bodily injury" or "property damage";

(4) Becomes aware, or reasonably

should have become aware, by any

means other than as described in (3)

above, that "bodily injury" or "prop- erty damage" had occurred or had

begun to occur; or

(5) Becomes aware, or reasonably

should have become aware, of a

condition from which "bodily injury"

or "property damage" is substantially

certain to occur.

s. Electronic Data

Damages arising out of the loss of, loss

of use of, damage to, corruption of, in- ability to access, or inability to manipulate

"electronic data".

t. Distribution of Material in Violation of

Statutes

"Bodily injury" or "property damage" arising directly or indirectly out of any action

or omission that violates or is alleged to

violate:

a. The Telephone Consumer Protection

Act (TCPA), including any amend- ment of or addition to such law; or

b. The CAN-SPAM Act of 2003, including any amendment of or addition to

such law; or

c. Any statute, ordinance or regulation,

other than the TCPA or CAN-SPAM

Act of 2003, that prohibits or limits the

sending, transmitting, communicating

or distribution of material or information.

Exclusions c. through q. do not apply to

"property damage" by fire or explosion to

premises while rented to you or temporarily

occupied by you with permission of the owner,

for which the amount we will pay is limited to

the Damage to Premises Rented To You Limit

as described in SECTION III - LIMITS OF IN- SURANCE. 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 ad- vertising 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 re- sult. But:

(1) The amount we will pay for damages

is limited as described in SECTION

III - LIMITS OF INSURANCE; and

(2) Our right and duty to defend ends

when we have used up the applica- ble limit of insurance in the payment

of judgments or settlements under

SECTION I - COVERAGES, COV- ERAGE A. BODILY INJURY AND

PROPERTY DAMAGE LIABILITY;

SECTION I - COVERAGES, COV- ERAGE B. PERSONAL AND AD- VERTISING INJURY LIABILITY; or

medical expenses under SECTION I - COVERAGES, COVERAGE C.

MEDICAL PAYMENTS. No other obligation or liability to pay sums

or perform acts or services is covered

unless expressly provided for under

SUPPLEMENTARY PAYMENTS - COV- ERAGES A AND B. b. This insurance applies to "personal and

advertising injury" only if:

(1) The "personal and advertising injury"

is caused by an offense arising out

of your business; and

(2) The "personal and advertising injury"

offense was committed in the "cov- erage territory" during the policy period; and

(3) Prior to the "coverage term" in which

the "personal and advertising injury"

offense is committed, you did not

know, per Paragraph 1.d. below, that

the offense had been committed or

had begun to be committed, in whole

or in part.

c. "Personal and advertising injury" caused

by an offense which:

(1) Was committed during the "coverage

term"; and

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(2) Was not, prior to the "coverage

term", known by you, per Paragraph

1.d. below, to have been committed;

includes any continuation, change or re- sumption of that offense after the end of

the "coverage term" in which it first be- came known by you.

d. You will be deemed to know that a "per- sonal and advertising injury" offense has

been committed at the earliest time when

any "authorized representative":

(1) Reports all, or any part, of the "per- sonal and advertising injury" to us or

any other insurer;

(2) Receives a written or verbal demand

or claim for damages because of the

"personal and advertising injury";

(3) First observes, or reasonably should

have first observed, the offense that

caused the "personal and advertising injury";

(4) Becomes aware, or reasonably

should have become aware, by any

means, other than as described in

(3) above, that the offense had been

committed or had begun to be com- mitted; or

(5) Becomes aware, or reasonably

should have become aware, of a

condition from which "personal and

advertising injury" is substantially

certain to occur.

2. Exclusions

This insurance does not apply to:

a. Knowing Violation of Rights of Another

"Personal and advertising injury" caused

by or at the direction of the insured with

the knowledge that the act would violate

the rights of another and would inflict

"personal and advertising injury".

b. Material Published With Knowledge of

Falsity

"Personal and advertising injury" arising

out of oral or written publication of material, if done by or at the direction of the in- sured with knowledge of its falsity.

c. Material Published Prior to Coverage

Term

"Personal and advertising injury" arising

out of oral or written publication of material whose first publication took place before the later of the following:

(1) The inception of this Coverage Part;

or

(2) The "coverage term" in which insur- ance coverage is sought.

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 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 agree- ment; or

(2) Assumed in a contract or agreement

that is an "insured contract", pro- vided the "personal and advertising

injury" is caused by or arises out of

an offense committed subsequent to

the execution of the contract or

agreement. When a claim for such

"personal and advertising injury" is

made, we will defend that claim, pro- vided the insured has assumed the

obligation to defend such claim in the

"insured contract". Such defense

payments will not reduce the limits of

insurance.

f. Breach of Contract

"Personal and advertising injury" arising

out of a breach of contract, except an im- plied contract to use another's advertising

idea in your "advertisement".

g. Quality or Performance of Goods - Failure to Conform to Statements

"Personal and advertising injury" arising

out of the failure of goods, products or

services to conform with any statement of

quality or performance made in your "ad- vertisement".

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

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ent, trademark, trade secret or other intellectual property rights.

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" com- mitted by an insured whose business is:

(1) Advertising, broadcasting, publishing

or telecasting;

(2) Designing or determining content of

web-sites for others; or

(3) An Internet search, access, content

or service provider.

However, this exclusion does not apply to

Paragraphs 17. a., b. and c. of "personal

and advertising injury" under SECTION V

- DEFINITIONS. For the purposes of this exclusion, the

placing of frames, borders or links, or ad- vertising, 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 any insured hosts, owns, or over

which any 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. Employment Related Practices

"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) Other employment-related practices, policies, acts or omissions

including but not limited to coer- cion, criticism, demotion,

evaluation, failure to promote,

reassignment, discipline, defa- mation, harassment, humiliation

or discrimination directed at that

person; or

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

sister of that person as a conse- quence of "personal and advertising

injury" to that person at whom any of

the employment-related practices

described in Paragraphs (a), (b) or

(c) above is directed.

This exclusion applies:

(1) Whether the insured may be liable

as an employer or in any other ca- pacity; and

(2) To any obligation to share damages

with or repay someone else who

must pay damages because of the

injury.

n. Pollutant

"Personal and advertising injury" arising

out of the actual, alleged or threatened

discharge, dispersal, seepage, migration,

release, escape or emission of "pollut- ants" at any time.

o. Pollutant-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 as- sessing the effects of, "pollutants".

p. Asbestos

"Personal and advertising injury" arising

out of, attributable to, or any way related

to asbestos in any form or transmitted in

any manner.

q. Additional Insured Prior Knowledge

An additional insured added by attach- ment of an endorsement to this Coverage

Part that is seeking coverage for a claim

or "suit", if that additional insured knew,

per the following paragraph, that a "per- sonal and advertising injury" offense had

been committed or had begun to be

committed, in whole or in part, prior to the

"coverage term" in which such offense

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was committed or began to be committed.

An additional insured added by attach- ment of an endorsement to this Coverage

Part will be deemed to have known that a

"personal and advertising injury" offense

has been committed or has begun to be

committed at the earliest time when that

additional insured, or any one of its own- ers, members, partners, managers, ex- ecutive officers, "employees" assigned to

manage that additional insured's insur- ance program, or "employees" assigned

to give or receive notice of an "occurrence", "personal and advertising injury"

offense, claim or "suit":

(1) Reports all, or any part, of the "per- sonal and advertising injury" to us or

any other insurer;

(2) Receives a written or verbal demand

or claim for damages because of the

"personal and advertising injury";

(3) First observes, or reasonably should

have first observed, the offense that

caused the "personal and advertising injury";

(4) Becomes aware, or reasonably

should have become aware, by any

means other than as described in (3)

above, that the "personal and advertising injury" offense had been com- mitted or had begun to be committed; or

(5) Becomes aware, or reasonably

should have become aware, of a

condition from which "personal and

advertising injury" is substantially

certain to occur.

r. War

"Personal and advertising injury", how- ever caused, arising, directly or indirectly,

out of:

(1) War, including undeclared or civil

war;

(2) Warlike action by a military force, in- cluding action in hindering or defending against an actual or ex- pected 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.

s. Distribution of Material in Violation of

Statutes

"Personal and advertising injury" arising

directly or indirectly out of any action or

omission that violates or is alleged to

violate:

a. The Telephone Consumer Protection

Act (TCPA), including any amend- ment of or addition to such law; or

b. The CAN-SPAM Act of 2003, including any amendment of or addition to

such law; or

c. Any statute, ordinance or regulation,

other than the TCPA or CAN-SPAM

Act of 2003, that prohibits or limits the

sending, transmitting, communicating

or distribution of material or information.

COVERAGE C. MEDICAL PAYMENTS

1. Insuring Agreement

a. We will pay medical expenses as de- scribed 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:

(1) The accident takes place in the

"coverage territory" and during the

policy period;

(2) The expenses are incurred and re- ported to us within three years of the

date of the accident; and

(3) The injured person submits to ex- amination, at our expense, by physi- cians 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":

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a. Any Insured

To any insured, except "volunteer work- ers".

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 nor- mally occupies.

d. Workers' Compensation and Similar

Laws

To a person, whether or not an "em- ployee" 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. Athletic Activities

To any person injured while officiating,

coaching, practicing for, instructing or

participating in any physical exercises or

games, sports, or athletic contests or ex- hibitions of an athletic or sports nature.

f. Products-Completed Operations Haz- ard

Included within the "products-completed

operations hazard".

g. Coverage A Exclusions

Excluded under COVERAGE A. BODILY

INJURY AND PROPERTY DAMAGE LI- ABILITY. SUPPLEMENTARY PAYMENTS - COVERAGES

A AND B

We will pay, with respect to any claim we investi- gate or settle, or any "suit" against an insured we

defend:

1. All expenses we incur.

2. Up to $250 for cost of bail bonds required be- cause 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.

3. 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.

4. All reasonable expenses incurred by the in- sured 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.

5. All costs taxed against the insured in the

"suit".

6. Prejudgment interest awarded against the

insured on that part of the judgment we be- come obligated to pay and which falls within

the applicable limit of insurance. If we make

an offer to pay the applicable limit of insur- ance, we will not pay any prejudgment interest

based on that period of time after the offer.

7. 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 de- posited in court the part of the judgment that

is within the applicable limit of insurance.

These payments will not reduce the limits of insur- ance.

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 in- sured. Your members are also insureds,

but only with respect to the conduct of

your business. Your managers are in- sureds, 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 offi- cers" and directors are insureds, but only

with respect to their duties as your offi- cers or directors. Your stockholders are

also insureds, but only with respect to

their liability as stockholders.

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

are also insureds, but only with respect to

their duties as trustees.

2. Each of the following is also an insured:

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

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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 ad- vertising injury":

(a) To you, to your partners or

members (if you are a partner- ship or joint venture), to your

members (if you are a limited li- ability company), to a co-

"employee" while in the course

of his or her employment or

performing duties related to the

conduct of your business, or to

your other "volunteer workers"

while performing duties related

to the conduct of your business;

(b) To the spouse, child, parent,

brother or sister of that co-

"employee" or "volunteer

worker" as a consequence of

Paragraph (1)(a) above;

(c) For which there is any obligation

to share damages with or repay

someone else who must pay

damages because of the injury

described in Paragraphs (1)(a)

or (b) above; or

(d) Arising out of his or her providing or failing to provide profes- sional health care services.

(2) "Property damage" to property:

(a) Owned, occupied or used by; or

(b) Rented to, in the care, custody

or control of, or over which

physical control is being exer- cised for any purpose by,

you, any of your "employees", "vol- unteer 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 man- ager.

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 prop- erty; 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. Insurance 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. BODILY INJURY AND

PROPERTY DAMAGE LIABILITY does

not apply to "bodily injury" or "property

damage" that occurred before you ac- quired or formed the organization; and

c. COVERAGE B. PERSONAL AND AD- VERTISING INJURY LIABILITY does not

apply to "personal and advertising injury"

arising out of an offense committed before you acquired or formed the organi- zation.

No person or organization is an insured with re- spect to the conduct of any current or past part- nership, 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. a. The General Aggregate Limit is the most

we will pay for the sum of:

(1) Medical expenses under COVER- AGE C. MEDICAL PAYMENTS;

(2) Damages under COVERAGE A.

BODILY INJURY AND PROPERTY

DAMAGE LIABILITY, except dam- ages because of "bodily injury" or

"property damage" included in the

"products-completed operations

hazard"; and

(3) Damages under COVERAGE B.

PERSONAL AND ADVERTISING

INJURY LIABILITY.

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gate Limit of Insurance, Paragraph 2.b., or the Construction Project General Ag- gregate Limit of Insurance, Paragraph

2.c. applies.

b. A separate Location General Aggregate

Limit of Insurance, equal to the amount of

the General Aggregate Limit shown in the

Declarations, shall apply to each location

owned by, or rented or leased to you and

is the most we will pay for the sum of:

(1) Damages under COVERAGE A.

BODILY INJURY AND PROPERTY

DAMAGE LIABILITY, except dam- ages because of "bodily injury" or

"property damage" included in the

"products-completed operations

hazard"; and

(2) Medical expenses under COVER- AGE C. MEDICAL PAYMENTS,

which can be attributed to operations at

only a single location owned by, or rented

or leased to you.

c. A separate Construction Project General

Aggregate Limit of Insurance, equal to

the amount of the General Aggregate

Limit shown in the Declarations, shall ap- ply to each construction project and is the

most we will pay for the sum of:

(1) Damages under COVERAGE A.

BODILY INJURY AND PROPERTY

DAMAGE LIABILITY, except dam- ages because of "bodily injury" or

"property damage" included in the

"products-completed operations

hazard"; and

(2) Medical expenses under COVER- AGE C. MEDICAL PAYMENTS;

which can be attributed only to ongoing

operations and only at a single construction project.

d. Only for the purpose of determining which

General Aggregate Limit of Insurance,

2.a., 2.b., or 2.c., applies:

(1) 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.

(2) Construction project means a location you do not own, rent or lease

where ongoing improvements, alterations, installation, demolition or

maintenance work is performed by

you or on your behalf. All connected

ongoing improvements, alterations,

installation, demolition or mainte- nance work performed by you or on

your behalf at the same location for

the same persons or organizations,

no matter how often or under how

many different contracts, will be

deemed to be a single construction

project.

3. The Products-Completed Operations Aggre- gate Limit is the most we will pay under COV- ERAGE A. BODILY INJURY AND PROP- ERTY DAMAGE LIABILITY for damages be- cause of "bodily injury" and "property dam- age" included in the "products-completed op- erations hazard".

4. Subject to 2.a. above, the Personal and Ad- vertising Injury Limit is the most we will pay

under COVERAGE B. PERSONAL AND AD- VERTISING INJURY LIABILITY for the sum of

all damages because of all "personal and ad- vertising injury" sustained by any one person

or organization.

5. Subject to 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. BODILY

INJURY AND PROPERTY DAMAGE LI- ABILITY; and

b. Medical expenses under COVERAGE C.

MEDICAL PAYMENTS;

because of all "bodily injury" and "property

damage" arising out of any one "occurrence".

6. Subject to 5. above, the Damage to Premises

Rented to You Limit is the most we will pay

under COVERAGE A. BODILY INJURY AND

PROPERTY DAMAGE LIABILITY for dam- ages because of "property damage" to any

one premises, while rented to you, or in the

case of damage by fire or explosion, while

rented to you or temporarily occupied by you

with permission of the owner.

7. Subject to 5. above, the Medical Expense

Limit is the most we will pay under COVER- AGE C. MEDICAL PAYMENTS for all medical

expenses because of "bodily injury" sustained

by any one person.

The Limits of Insurance of this Coverage Part ap- ply separately to each "coverage term".

SECTION IV - COMMERCIAL GENERAL LI- ABILITY 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

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a "personal and advertising injury" 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 re- ceived; 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 insur- ance may also apply.

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

own cost, voluntarily make a payment,

assume any obligation, or incur any ex- pense, 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 re- cover 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 insur- ance. An agreed settlement means a settle- ment and release of liability signed by us, the

insured and the claimant or the claimant's le- gal representative.

4. Liberalization

If, within 60 days prior to the beginning of this

Coverage Part or during the policy period, we

make any changes to any forms or endorse- ments of this Coverage Part for which there is

currently no separate premium charge, and

that change provides more coverage than this

Coverage Part, the change will automatically

apply to this Coverage Part as of the latter of:

a. The date we implemented the change in

your state; or

b. The date this Coverage Part became effective; and

will be considered as included until the end of

the current policy period. We will make no

additional premium charge for this additional

coverage during the interim.

5. Other Insurance

If other valid and collectible insurance is

available to the insured for a loss we cover

under COVERAGE A. BODILY INJURY AND

PROPERTY DAMAGE LIABILITY or COV- ERAGE B. PERSONAL AND ADVERTISING

INJURY LIABILITY of this Coverage Part, our

obligations are limited as follows:

a. Primary Insurance

This insurance is primary except when b.

below applies. If this insurance is pri- mary, 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 c. below.

b. Excess Insurance

This insurance is excess over:

(1) Any of the other insurance, whether

primary, excess, contingent or on

any other basis:

(a) That is Fire, Extended Cover- age, Builder's Risk, Installation

Risk or similar insurance for

"your work";

(b) That is Fire or Explosion insur- ance for premises rented to you

or temporarily occupied by you

with permission of the owner;

(c) That is insurance purchased by

you to cover your liability as a

tenant for "property damage" to

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premises rented to you or tem- porarily occupied by you with

permission of the owner; or

(d) If the loss arises out of the

maintenance or use of aircraft,

"autos" or watercraft to the extent not subject to SECTION I - COVERAGES, COVERAGE A.

BODILY INJURY AND PROP- ERTY DAMAGE LIABILITY, 2.

Exclusions, g. Aircraft, Auto or

Watercraft.

(2) Any other primary insurance avail- able to the insured covering liability

for damages arising out of the

premises or operations, or the prod- ucts and completed operations, for

which the insured has been added

as an additional insured by attach- ment of an endorsement.

(3) Any other insurance:

(a) Whether primary, excess, contingent or on any other basis,

except when such insurance is

written specifically to be excess

over this insurance; and

(b) That is a consolidated (wrap-up)

insurance program which has

been provided by the prime

contractor/project manager or

owner of the consolidated proj- ect in which you are involved.

When this insurance is excess, we will

have no duty under COVERAGE A.

BODILY INJURY AND PROPERTY

DAMAGE LIABILITY or COVERAGE B.

PERSONAL AND ADVERTISING IN- JURY LIABILITY 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.

When this insurance is excess over other

insurance, we will pay only our share of

the amount of the loss, if any, that ex- ceeds the sum of:

(1) The total amount that all such other

insurance would pay for the loss in

the absence of this insurance; and

(2) The total of all deductible and selfinsured amounts under all that other

insurance.

We will share the remaining loss, if any,

with any other insurance that is not de- scribed in this Excess Insurance provi- sion and was not bought specifically to

apply in excess of the Limits of Insurance

shown in the Declarations of this Cover- age 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 in- surance 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.

6. 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:

(1) The earned premium is less than the

deposit premium, we will return the

excess to the first Named Insured; or

(2) The earned premium is greater than

the deposit premium, the difference

will be due and payable to us by the

first Named Insured upon notice from

us.

c. The first Named Insured must keep rec- ords of the information we need for pre- mium computation, and send us copies at

such times as we may request.

7. Representations

By accepting this Coverage Part, you agree:

a. The statements in the Declarations are

accurate and complete;

b. Those statements are based upon repre- sentations you made to us; and

c. We have issued this Coverage Part in reliance upon your representations.

8. 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 In- sured, this insurance applies:

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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.

9. 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.

10. Two or More Coverage Forms or Policies

Issued by Us

If this Coverage Part and any other Coverage

Form, Coverage Part or policy issued to you

by us or any company affiliated with us apply

to the same "occurrence" or "personal and

advertising injury" offense, the aggregate

maximum limit of insurance under all the Cov- erage Forms, Coverage Parts or policies shall

not exceed the highest applicable limit of in- surance under any one Coverage Form, Cov- erage Part or policy. This condition does not

apply to any Coverage Form, Coverage Part

or policy issued by us or an affiliated company

specifically to apply as excess insurance over

this Coverage Part.

11. When We Do Not Renew

If we decide not to renew this Coverage Part,

we will mail or deliver to the first Named In- sured 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 broad- cast, telecast or published to the general public or specific market segments about your

goods, products or services for the purpose of

attracting customers or supporters. "Advertisement" includes a publicity article. For pur- poses 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, prod- ucts or services for the purposes of attracting customers or supporters is con- sidered an "advertisement".

2. "Authorized representative" means:

a. If you are designated in the Declarations

as:

(1) An individual, you and your spouse

are "authorized representatives".

(2) A partnership or joint venture, your

members, your partners, and their

spouses are "authorized representatives".

(3) A limited liability company, your

members and your managers are

"authorized representatives".

(4) An organization other than a part- nership, joint venture or limited liability company, your "executive offi- cers" and directors are "authorized

representatives". Provided you are

not a publicly traded organization,

your stockholders are also "authorized representatives".

(5) A trust, your trustees are "authorized

representatives".

b. Your "employees":

(1) Assigned to manage your insurance

program; or

(2) Responsible for giving or receiving

notice of an "occurrence", "personal

and advertising injury" offense, claim

or "suit";

are also "authorized representatives".

3. "Auto" means:

a. A land motor vehicle, trailer or semitrailer

designed for travel on public roads, in- cluding any attached machinery or

equipment; or

b. Any other land vehicle that is subject to a

compulsory or financial responsibility law

or other motor vehicle insurance law in

the state where it is licensed or principally

garaged.

However, "auto" does not include "mobile

equipment".

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

disease sustained by a person, including

death resulting from any of these at any time.

5. "Coverage term" means the following individ- ual increment, or if a multi-year policy period,

increments, of time, which comprise the policy

period of this Coverage Part:

a. The year commencing on the Effective

Date of this Coverage Part at 12:01 AM

standard time at your mailing address

shown in the Declarations, and if a multiyear policy period, each consecutive an- nual period thereafter, or portion thereof if

any period is for a period of less than 12

months, constitute individual "coverage

terms". The last "coverage term" ends at

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12:00 AM standard time at your mailing

address shown in the Declarations on the

earlier of:

(1) The day the policy period shown in

the Declarations ends; or

(2) The day the policy to which this Cov- erage Part is attached is terminated

or cancelled.

b. However, if after the issuance of this

Coverage Part, any "coverage term" is

extended for an additional period of less

than 12 months, that additional period of

time will be deemed to be part of the last

preceding "coverage term".

6. "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 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 a.

above;

(2) The activities of a person whose

home is in the territory described in

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 a.

above or in a settlement to which we

agree.

7. "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.

8. "Employee" includes a "leased worker". "Em- ployee" does not include a "temporary

worker".

9. "Executive officer" means a person holding

any of the officer positions created by your

charter, constitution, by-laws or any other

similar governing document.

10. "Hostile fire" means one which becomes un- controllable or breaks out from where it was

intended to be.

11. "Impaired property" means tangible property,

other than "your product" or "your work", that

cannot be used or is less useful because:

a. It incorporates "your product" or "your

work" that is known or thought to be defective, deficient, inadequate or danger- ous; or

b. You have failed to fulfill the terms of a

contract or agreement;

if such property can be restored to use by:

a. The repair, replacement, adjustment or

removal of "your product" or "your work";

or

b. Your fulfilling the terms of the contract or

agreement.

12. "Insured contract" means:

a. A contract for a lease of premises. How- ever, that portion of the contract for a

lease of premises that indemnifies any

person or organization for "property

damage" by fire or explosion to premises

while rented to you or temporarily occu- pied by you with permission of the owner

is not an "insured contract";

b. A sidetrack agreement;

c. Any easement or license agreement, ex- cept 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 agree- ment 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", "property damage" or

"personal and advertising injury" 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", "property damage" or "per- sonal and advertising injury" arising

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road property and affecting any railroad bridge or trestle, tracks, roadbeds, tunnel, underpass or crossing;

(2) That indemnifies an architect, engi- neer or surveyor for injury or damage

arising out of:

(a) Preparing, approving, or failing

to prepare or approve, maps,

shop drawings, opinions, re- ports, 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;

(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 Para- graph (2) above and supervisory, in- spection, architectural or engineering

activities;

(4) That indemnifies an advertising, public relations or media consulting firm

for "personal and advertising injury"

arising out of the planning, execution

or failure to execute marketing com- munications programs. Marketing

communications programs include

but are not limited to comprehensive

marketing campaigns; consumer,

trade and corporate advertising for

all media; media planning, buying,

monitoring and analysis; direct mail;

promotion; sales materials; design;

presentations; point-of-sale materi- als; market research; public relations

and new product development;

(5) Under which the insured, if an advertising, public relations or media con- sulting firm, assumes liability for

"personal and advertising injury"

arising out of the insured's rendering

or failure to render professional

services, including those services

listed in Paragraph (4), above;

(6) That indemnifies a web-site designer

or content provider, or Internet

search, access, content or service

provider for injury or damage arising

out of the planning, execution or fail- ure to execute Internet services.

Internet services include but are not

limited to design, production, distri- bution, maintenance and administration of web-sites and web-banners;

hosting web-sites; registering do- main names; registering with search

engines; marketing analysis; and

providing access to the Internet or

other similar networks; or

(7) Under which the insured, if a website designer or content provider, or

Internet search, access, content or

service provider, assumes liability for

injury or damage arising out of the

insured's rendering or failure to ren- der Internet services, including those

listed in Paragraph (6), above.

13. "Leased worker" means a person leased to

you by a labor leasing firm under an agree- ment between you and the labor leasing firm,

to perform duties related to the conduct of

your business. "Leased worker" includes su- pervisors furnished to you by the labor leasing

firm. "Leased worker" does not include a

"temporary worker".

14. "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 me- chanical device, other than a hand truck, that

is not attached to the aircraft, watercraft or

"auto".

15. "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 princi- pally 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, dig- gers or drills; or

(2) Road construction or resurfacing

equipment such as graders, scrap- ers or rollers;

e. Vehicles not described in a., b., c. or d.

above that are not self-propelled and are

maintained primarily to provide mobility to

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permanently attached equipment of the

following types:

(1) Air compressors, pumps and gen- erators, 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 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 con- struction 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 gen- erators, including spraying, welding,

building cleaning, geophysical exploration, lighting and well servicing

equipment.

However, "mobile equipment" does not in- clude any land vehicles that are subject to a

compulsory or financial responsibility law or

other motor vehicle insurance law in the state

where it is licensed or principally garaged.

Land vehicles subject to a compulsory or fi- nancial responsibility law or other motor vehi- cle insurance law are considered "autos".

16. "Occurrence" means an accident, including

continuous or repeated exposure to substantially the same general harmful conditions.

17. "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 oc- cupancy 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 per- son or organization or disparages a per- son'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".

18. "Pollutant" means any solid, liquid, gaseous or

thermal irritant or contaminant, including

smoke, vapor, soot, fumes, acids, alkalis,

chemicals, petroleum, petroleum products

and petroleum by-products, and waste.

Waste includes materials to be recycled, re- conditioned or reclaimed. "Pollutants" include

but are not limited to substances which are

generally recognized in industry or govern- ment to be harmful or toxic to persons, prop- erty or the environment regardless of whether

the injury or damage is caused directly or indirectly by the "pollutants" and whether:

a. The insured is regularly or otherwise en- gaged in activities which taint or degrade

the environment; or

b. The insured uses, generates or produces

the "pollutant".

19. "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 com- pleted or abandoned. However,

"your work" will be deemed com- pleted at the earliest of the following

times:

(a) When all of the work called for in

your contract has been com- pleted; or

(b) When all of the work to be done

at the job site has been com- pleted if your contract calls for

work at more than one job site;

or

(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.

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Work that may need service, maintenance, correction, repair or re- placement, but which is otherwise

complete, will be treated as com- pleted.

b. Does not include "bodily injury" or "prop- erty damage" arising out of:

(1) The transportation of property, unless the injury or damage arises out

of a condition in or on a vehicle not

owned or operated by you, and that

condition was created by the "loading or unloading" of that vehicle by

any insured;

(2) The existence of tools, uninstalled

equipment or abandoned or unused

materials; or

(3) Products or operations for which the

classification, listed in the Declarations or in a schedule, states that

products-completed operations are

included.

20. "Property damage" means:

a. Physical injury to tangible property, in- cluding all resulting loss of use of that

property. All such loss of use shall be

deemed to occur at the time of the physi- cal 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.

21. "Suit" means a civil proceeding in which

money 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;

b. Any other alternative dispute resolution

proceeding in which such damages are

claimed and to which the insured submits

with our consent; or

c. An appeal of a civil proceeding.

22. "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.

23. "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 compen- sation by you or anyone else for their work

performed for you.

24. "Workplace" means that place and during

such hours to which the "employee" sustaining "bodily injury" was assigned by you, or

any other person or entity acting on your be- half, to work on the date of "occurrence".

25. "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 fur- nished in connection with such

goods or products.

b. Includes:

(1) Warranties or representations made

at any time with respect to the fit- ness, 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.

26. "Your work":

a. Means:

(1) Work or operations performed by

you or on your behalf; and

(2) Materials, parts or equipment fur- nished in connection with such work

or operations.

b. Includes:

(1) Warranties or representations made

at any time with respect to the fit- ness, quality, durability, performance

or use of "your work"; and

(2) The providing of or failure to provide

warnings or instructions.

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NUCLEAR ENERGY LIABILITY EXCLUSION

(Broad Form)

1. The insurance does not apply:

A. Under any Liability Coverage, to "bodily

injury" or "property damage":

(1) With respect to which an insured un- der this Coverage Part is also an in- sured under a nuclear energy liability

policy issued by Nuclear Energy Li- ability 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 prop- erties" 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 Coverage Part

not been issued would be, entitled to

indemnity from the United States of

America, or any agency thereof, un- der 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 "hazard- ous 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 the "hazardous properties" of "nu- clear material", if:

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

"nuclear facility" owned by, or oper- ated by or on behalf of, an insured,

or (b) has been discharged or dis- persed therefrom;

(2) The "nuclear material" is contained in

"spent fuel" or "waste" at any time

possessed, handled, used, proc- essed, stored, transported or dis- posed of, by or on behalf of an in- sured; or

(3) The "bodily injury" or "property dam- age" 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 fa- cility is located within the United

States of America, its territories or

possessions or Canada, this Exclu- sion (3) applies only to "property

damage" to such "nuclear facility"

and any property thereat.

2. As used in this exclusion:

"Hazardous properties" includes radioactive,

toxic or explosive properties.

"Nuclear material" means "source material",

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

"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 re- actor".

"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 lo- cated consists of or contains more than

25 grams of plutonium or uranium 233 or

any combination thereof, or more than

250 grams of uranium 235;

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D. Any structure, basin, excavation, premises or place prepared or used for the

storage or disposal of "waste";

and includes the site on which any of the

foregoing is located, all operations conducted

on such site and all premises used for such

operations.

"Nuclear reactor" means any apparatus de- signed 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 ra- dioactive contamination of property.

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GA 4251 01 06

NOTICE TO POLICYHOLDERS - MOBILE EQUIPMENT

SUBJECT TO MOTOR VEHICLE INSURANCE LAWS

This is a notice of a change in your policy. NO COVERAGE IS PROVIDED BY THIS NOTICE nor can it be

construed to replace any provisions of your policy. YOU SHOULD READ YOUR POLICY AND REVIEW

YOUR DECLARATIONS PAGE for complete information on the coverage you are provided. If there is any

conflict between the policy and this notice, THE PROVISIONS OF THE POLICY SHALL PREVAIL.

COMMERCIAL GENERAL LIABILITY COVERAGE PART

GA 4250 Mobile Equipment Subject to Motor Vehicle Insurance Laws has been added to your policy.

This endorsement revises the definitions of "mobile equipment" and "auto" to those definitions used prior to

the introduction of Commercial General Liability Form, GA 101 12 04. This endorsement only applies if you

have no Auto Coverage Form in force or the land vehicle does not meet the definition of auto in your Auto

Coverage Form.

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THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

PRODUCTS/COMPLETED OPERATIONS HAZARD

REDEFINED

This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART

SCHEDULE

Description of Premises and Operations:

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

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

arising out of "your products" manufactured, sold,

handled or distributed:

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

2. In connection with the conduct of any operation

described in the Schedule, when conducted by

you or on your behalf,

Paragraph a. of the definition of "Products - completed operations hazard" in the DEFINITIONS

Section is replaced by the following:

"Products-completed operations hazard":

a. Includes all "bodily injury" and "property

damage" that arises out of "your products"

if the "bodily injury" or "property damage"

occurs after you have relinquished possession of those products.

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

FOOD & BEVERAGE SERVICES

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THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL GENERAL LIABILITY EXTENDED

ENDORSEMENT

This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

A. Endorsement - Table of Contents:

Coverage: Begins on Page:

1. Employee Benefit Liability Coverage.......................................................................................3

2. Unintentional Failure To Disclose Hazards.............................................................................9

3. Damage To Premises Rented To You......................................................................................9

4. Supplementary Payments...................................................................................................... 10

5. 180 Day Coverage For Newly Formed Or Acquired Organizations ................................... 10

6. Waiver Of Subrogation........................................................................................................... 10

7. Automatic Additional Insured - Specified Relationships: .................................................. 11

• Managers Or Lessors Of Premises; • Lessor Of Leased Equipment; • Vendors; • State Or Governmental Agency Or Subdivision Or Political Subdivision - Permits

Or Authorizations Relating To Premises; and

• Mortgagee, Assignee Or Receiver

8. Property Damage To Borrowed Equipment.........................................................................14

9. Employees As Insureds - Specified Health Care Services And Good Samaritan 

Services ................................................................................................................................... 15

10. Broadened Notice Of Occurrence......................................................................................... 15

11. Nonowned Aircraft.................................................................................................................. 15

12. Bodily Injury Redefined.......................................................................................................... 15

13. Expected Or Intended Injury Redefined ............................................................................... 15

14. Former Employees As Insureds............................................................................................ 15

B. Limits Of Insurance:

The Commercial General Liability Limits of Insurance apply to the insurance provided by this endorsement, except as provided below:

1. Employee Benefit Liability Coverage

Each Employee Limit: $1,000,000

Aggregate Limit: $3,000,000

Deductible Amount: $ 1,000

3. Damage To Premises Rented To You

The lesser of:

a. The Each Occurrence Limit shown in the Declarations; or

b. $500,000 unless otherwise stated $

4. Supplementary Payments

a. Bail Bonds: $2,500

b. Loss Of Earnings: $ 500

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8. Property Damage To Borrowed Equipment

Each Occurrence Limit: $10,000

Deductible Amount: $ 250

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C. Coverages

1. Employee Benefit Liability Coverage

a. The following is added to Section I - Coverages:

Employee Benefit Liability Coverage

(1) Insuring Agreement

(a) We will pay those sums that

the insured becomes legally 

obligated to pay as damages caused by any act, error 

or omission of the insured,

or of any other person for

whose acts the insured is

legally liable, 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 

against any "suit" seeking

damages to which this insurance does not apply. We 

may, at our discretion, investigate any report of an 

act, error or omission and

settle any claim or "suit" that

may result. But:

1) The amount we will pay 

for damages is limited

as described in Section

III - Limits Of Insurance; and

2) Our right and duty to 

defend ends when we 

have used up the applicable limit of insurance

in the payment of judgments or settlements. No other obligation or liability to pay sums or perform 

acts or services is covered

unless explicitly provided for

under Supplementary

Payments.

(b) This insurance applies to

damages only if the act, error or omission, is negligently committed in the "administration" of your "employee 

benefit program"; and

1) Occurs during the policy 

period; or

2) Occurred prior to the "first effective date" of

this endorsement provided:

a) You did not have 

knowledge of a 

claim or "suit" on or

before the "first effective date" of this

endorsement.

You will be

deemed to have 

knowledge of a

claim or "suit" when any "authorized representative";

i) Reports all, or 

any part, of the

act, error or

omission to us

or any other 

insurer;

ii) Receives a

written or verbal demand or 

claim for damages because

of the act, error or omission; and

b) There is no other 

applicable insurance.

(2) Exclusions

This insurance does not apply to:

(a) Bodily Injury, Property 

Damage Or Personal And

Advertising Injury

"Bodily injury", "property 

damage" or "personal and 

advertising injury".

(b) Dishonest, Fraudulent,

Criminal Or Malicious Act

Damages arising out of any

intentional, dishonest,

fraudulent, criminal or malicious act, error or omission,

committed by any insured,

including the willful or reckless violation of any statute.

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(c) Failure To Perform A Contract

Damages arising out of failure of performance of contract by any insurer.

(d) Insufficiency Of Funds

Damages arising out of an

insufficiency of funds to

meet any obligations under

any plan included in the

"employee benefit program".

(e) Inadequacy Of Performance Of Investment/Advice Given With 

Respect To Participation

Any claim based upon:

1) Failure of any investment to perform;

2) Errors in providing information on past performance of investment 

vehicles; or

3) Advice given to any 

person with respect to

that person's decision to 

participate or not to participate in any plan included in the "employee

benefit program".

(f) Workers' Compensation

And Similar Laws

Any claim arising out of your

failure to comply with the

mandatory provisions of any

workers' compensation, unemployment compensation

insurance, social security or

disability benefits law or any

similar law.

(g) ERISA

Damages for which any insured is liable because of liability imposed on a fiduciary by the Employee Retirement Income Security 

Act of 1974, as now or

hereafter amended, or by

any similar federal, state or

local laws.

(h) Available Benefits

Any claim for benefits to the

extent that such benefits are 

available, with reasonable

effort and cooperation of the

insured, from the applicable

funds accrued or other collectible insurance.

(i) Taxes, Fines Or Penalties

Taxes, fines or penalties, including those imposed under the Internal Revenue

Code or any similar state or

local law.

(j) Employment-Related Practices

Any liability arising out of 

any:

(1) Refusal to employ;

(2) Termination of employ- ment;

(3) Coercion, demotion, evaluation, reassignment, discipline, defamation, harassment, 

humiliation, discrimination or other employment - related practices, acts or omissions; or

(4) Consequential liability

as a result of (1), (2) or

(3) above.

This exclusion applies

whether the insured may be

held 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.

(3) Supplementary Payments

Section I - Coverages, Supplementary Payments - Coverages A And B also apply to this

Coverage. b. Who Is An Insured

As respects Employee Benefit Liability Coverage, Section II - Who Is 

An Insured is replaced by the following:

(1) If you are designated in the Declarations as:

(a) An individual, you and your

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duct of a business of which

you are the sole owner.

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

also insureds but only with 

respect to the conduct of 

your business.

(c) A limited liability company,

you are an insured. Your 

members are also insureds,

but only with respect to the 

conduct of your business. Your managers are insureds, but only with respect

to their duties as your managers.

(d) An organization other than a

partnership, joint venture or

limited liability company, you 

are an insured. Your "executive officers" and directors

are insureds, but only with

respect to their duties as

your officers or directors. Your stockholders are also 

insureds, but only with respect to their liability as

stockholders.

(e) A trust, you are an insured. Your trustees are also insureds, but only with respect

to their duties as trustees.

(2) Each of the following is also an

insured:

(a) Each of your "employees" who is or was authorized to

administer your "employee

benefit program";

(b) Any persons, organizations 

or "employees" having proper temporary authorization

to administer your "employee benefit program" if you 

die, but only until your legal

representative is appointed; 

or

(c) 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 no other similar 

insurance applies to that organization. However, coverage under

this provision:

(a) Is afforded only until the

180th day after you acquire 

or form the organization or 

the end of the policy period,

whichever is earlier; and

(b) Does not apply to any act,

error or omission that was

committed before you acquired or formed the organization.

c. Limits Of Insurance

As respects Employee Benefit Liability Coverage, Section III - Limits

Of Insurance is replaced by the following:

(1) The Limits of Insurance shown in

Section B. Limits Of Insurance, 1. Employee Benefit Liability 

Coverage and the rules below fix

the most we will pay regardless

of the number of:

(a) Insureds;

(b) Claims made or "suits" brought;

(c) Persons or organizations

making claims or bringing

"suits";

(d) Acts, errors or omissions; or

(e) Benefits included in your "employee benefit program".

(2) The Aggregate Limit shown in

Section B. Limits Of Insurance, 1. Employee Benefit Liability 

Coverage of this endorsement is 

the most we will pay for all damages because of acts, errors or 

omissions negligently committed 

in the "administration" of your "employee benefit program". 

(3) Subject to the limit described in

(2) above, the Each Employee

Limit shown in Section B. Limits

Of Insurance, 1. Employee

Benefit Liability Coverage of

this endorsement is the most we

will pay for all damages sustained by any one "employee", 

including damages sustained by 

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such "employee's" dependents

and beneficiaries, as a result of:

(a) An act, error or omission; or

(b) A series of related acts, errors or omissions, regardless of the amount of time

that lapses between such

acts, errors or omissions;

negligently committed in the

"administration" of your "employ- ee benefit program". However, the amount paid under

this endorsement shall not exceed, and will be subject to the

limits and restrictions that apply 

to the payment of benefits in any

plan included in the "employee

benefit program."

(4) Deductible Amount

(a) Our obligation to pay damages on behalf of the insured applies only to the

amount of damages in excess of the Deductible

Amount stated in the Declarations as applicable to

Each Employee. The limits

of insurance shall not be reduced by the amount of this

deductible. 

(b) The Deductible Amount 

stated in the Declarations

applies to all damages sustained by any one "employee", including such "employee's" dependents and beneficiaries, because of all acts, errors or omissions to which

this insurance applies.

(c) The terms of this insurance, 

including those with respect

to:

1) Our right and duty to

defend the insured 

against any "suits" seeking those damages; and

2) Your duties, and the duties of any other involved insured, in the 

event of an act, error or 

omission, or claim;

apply irrespective of the application of the Deductible 

Amount.

(d) We may pay any part or all

of the Deductible Amount to 

effect settlement of any 

claim or "suit" and, upon notification of the action taken,

you shall promptly reimburse us for such part of the

Deductible Amount as we

have paid. d. Additional Conditions

As respects Employee Benefit Liability Coverage, Section IV - Commercial General Liability Conditions is amended as follows:

(1) Item 2. Duties In The Event Of 

Occurrence, Offense, Claim Or 

Suit is replaced by the following:

2. Duties In The Event Of An

Act, Error Or Omission, Or 

Claim Or Suit

a. You must see to it that 

we are notified as soon 

as practicable of an act, error or omission which

may result in a claim. To the extent possible,

notice should include:

(1) What the act, error 

or omission was

and when it occurred; and

(2) The names and 

addresses of any- one who may suffer damages as a 

result of the act, 

error or omission. 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:

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(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 

an act, error or 

omission 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 without our 

consent.

(2) Item 5. Other Insurance is replaced by the following:

5. Other Insurance

If other valid and collectible 

insurance is available to the

insured for a loss we cover

under this Coverage Part, 

our obligations are limited as

follows:

a. Primary Insurance

This insurance is primary except when c. 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 b. below.

b. 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. c. No Coverage

This insurance shall not 

cover any loss for which 

the insured is entitled to 

recovery under any 

other insurance in force 

previous to the effective 

date of this Coverage 

Part.

e. Additional Definitions

As respects Employee Benefit Liability Coverage, Section V - Definitions is amended as follows:

(1) The following definitions are

added:

1. "Administration" means:

a. Providing information to "employees", including

their dependents and 

beneficiaries, with respect to eligibility for or 

scope of "employee 

benefit programs";

b. Interpreting the "employee benefit programs";

c. Handling records in 

connection with the "employee benefit programs"; or

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d. Effecting, continuing or 

terminating any "employee's" participation in

any benefit included in 

the "employee benefit

program". However, "administration" does not include:

a. Handling payroll deductions; or

b. The failure to effect or 

maintain any insurance

or adequate limits of 

coverage of insurance,

including but not limited 

to unemployment insurance, social security 

benefits, workers' compensation and disability 

benefits. 2. "Cafeteria plans" means

plans authorized by applicable law to allow "employees"

to elect to pay for certain

benefits with pre-tax dollars. 3. "Employee benefit programs" means a program 

providing some of all of the

following benefits to "employees", whether provided 

through a "cafeteria plan" or 

otherwise:

a. Group life insurance; 

group accident or health 

insurance; dental, vision 

and hearing plans; and 

flexible spending accounts; provided that no 

one other than an "employee" may subscribe

to such benefits and 

such benefits are made 

generally available to

those "employees" who

satisfy the plan's eligibility requirements;

b. Profit sharing plans, employee savings

plans, employee stock 

ownership plans, pension plans and stock 

subscription plans, provided that no one other 

than an "employee" may subscribe to such 

benefits and such benefits are made generally 

available to all "employees" who are eligible

under the plan for such 

benefits;

c. Unemployment insurance, social security 

benefits, workers' compensation and disability 

benefits; and

d. Vacation plans, including buy and sell programs; leave of absence programs, including military, maternity, 

family, and civil leave; 

tuition assistance plans; 

transportation and 

health club subsidies. 4. "First effective date" means

the date upon which coverage was first effected in a

series of uninterrupted renewals of insurance coverage.

(2) The following definitions are deleted in their entirety and replaced by the following:

8. "Employee" means a person

actively employed, formerly

employed, on leave of absence or disabled, or retired. "Employee" includes a "leased worker". "Employee" does not include a "temporary worker". 21. "Suit" means a civil proceeding in which money damages because of an act, error

or omission 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;

b. Any other alternative 

dispute resolution proceeding in which such 

damages are claimed 

and to which the insured submits with our

consent; or

c. An appeal of a civil proceeding.

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2. Unintentional Failure To Disclose Hazards

Section IV - Commercial General Liability Conditions, 7. Representations is

amended by the addition of the following:

Based on our dependence upon your representations as to existing hazards, if unintentionally you should fail to disclose all 

such hazards at the inception date of your 

policy, we will not reject coverage under 

this Coverage Part based solely on such

failure. 3. Damage To Premises Rented To You

a. The last Paragraph of 2. Exclusions

under Section I - Coverage A - Bodily Injury And Property Damage Liability is replaced by the following:

Exclusions c. through q. do not apply

to "property damage" by fire, explosion, lightning, smoke or soot to

premises while rented to you or temporarily occupied by you with permission of the owner, for which the

amount we will pay is limited to the

Damage To Premises Rented To 

You Limit as described in Section III - Limits Of Insurance.

b. The insurance provided under Section I - Coverage A - Bodily Injury

And Property Damage Liability applies to "property damage" arising out

of water damage to premises that are 

both rented to and occupied by you.

(1) As respects Water Damage Legal Liability, as provided in Paragraph 3.b. above:

The exclusions under Section I - Coverage A - Bodily Injury And

Property Damage Liability, 2.

Exclusions, other than i. War

and the Nuclear Energy Liability Exclusion (Broad Form), are

deleted and the following are 

added:

This insurance does not apply to:

(a) "Property damage":

(i) Assumed in any contract or agreement; or

(ii) Caused by or resulting

from any of the following:

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) Mechanical break- down, including

rupture or bursting 

caused by centrifugal force;

5) Settling, cracking, shrinking or expansion; 

6) Nesting or infestation, or discharge

or release of waste 

products or secretions, by insects, birds, rodents or 

other animals; or

7) Presence, growth, proliferation, spread or any activity of fungus, including mold or 

mildew, and any 

mycotoxins, spores, scents or

byproducts produced or released 

by fungi.

(b) "Property damage" caused 

directly or indirectly by any

of the following:

(i) Earthquake, volcanic

eruption, landslide or 

any other earth movement;

(ii) Water that backs up or 

overflows or is otherwise discharged from a 

sewer, drain, sump, sump pump or related 

equipment;

(iii) Water under the ground 

surface pressing on, or 

flowing or seeping

through:

1) Foundations, walls, 

floors or paved 

surfaces;

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2) Basements,

whether paved or 

not; or

3) Doors, windows or

other openings.

(c) "Property damage" caused 

by or resulting from water 

that leaks or flows from 

plumbing, heating, air conditioning, fire protection systems, or other equipment,

caused by or resulting from 

freezing, unless:

(i) You did your best to 

maintain heat in the

building or structure; or

(ii) You drained the equipment and shut off the 

water supply if the heat 

was not maintained.

(d) "Property damage" to:

(i) Plumbing, heating, air 

conditioning, fire protection systems, or other

equipment or appliances; or

(ii) The interior of any 

building or structure, or 

to personal property in

the building or structure, caused by or resulting

from rain, snow, sleet or 

ice, whether driven by 

wind or not.

c. Limit Of Insurance

With respect to the insurance afforded in Paragraphs 3.a. and 3.b. above,

the Damage To Premises Rented 

To You Limit as shown in the Declarations is amended as follows:

(1) Paragraph 6. of Section III - Limits Of Insurance is replaced

by the following:

6. Subject to Paragraph 5.

above, the Damage To

Premises Rented To You

Limit is the most we will pay

under Coverage A - Bodily

Injury And Property Damage Liability for damages 

because of "property damage" to any one premises:

a. While rented to you, or

temporarily occupied by 

you with permission of

the owner;

b. In the case of damage

by fire, explosion, lightning, smoke or soot,

while rented to you; or

c. In the case of damage

by water, while rented

to and occupied by you.

(2) The most we will pay is limited as

described in Section B. Limits

Of Insurance, 3. Damage To 

Premises Rented To You of this

endorsement.

4. Supplementary Payments

Under Section I - Supplementary Payments - Coverages A And B:

a. Paragraph 2. is replaced by the following:

Up to the limit shown in Section B.

Limits Of Insurance, 4.a. Bail Bonds

of this endorsement 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. b. Paragraph 4. is replaced by the following:

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 the limit shown in Section B. Limits Of Insurance, 4.b.

Loss Of Earnings of this endorsement 

per day because of time off from

work. 5. 180 Day Coverage For Newly Formed

Or Acquired Organizations

Section II - Who Is An Insured is

amended as follows:

Subparagraph a. of Paragraph 3. is replaced by the following:

a. Insurance under this provision is afforded only until the 180th day after 

you acquire or form the organization

or the end of the policy period,

whichever is earlier;

6. Waiver Of Subrogation

Section IV - Commercial General Liability Conditions, 9. Transfer Of Rights Of

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Recovery Against Others To Us is

amended by the addition of the following:

We waive any right of recovery we may 

have against any person or organization

against whom you have agreed to waive

such right of recovery in a written contract 

or agreement because of payments we 

make for injury or damage arising out of

your ongoing operations or "your work" done under a written contract or agreement with that person or organization and

included in the "products-completed operations hazard". However, our rights may 

only be waived prior to the "occurrence" giving rise to the injury or damage for 

which we make payment under this Coverage Part. The insured must do nothing

after a loss to impair our rights. At our request, the insured will bring "suit" or transfer those rights to us and help us enforce 

those rights. 7. Automatic Additional Insured - Specified Relationships

a. The following is added to Section II - Who Is An Insured:

(1) Any person(s) or organization(s)

described in Paragraph 7.a.(2) of 

this endorsement (hereinafter referred to as additional insured) 

whom you are required to add as

an additional insured under this

Coverage Part by reason of a 

written contract, written agreement, written permit or written 

authorization.

(2) Only the following persons or organizations are additional insureds under this endorsement, 

and insurance coverage provided

to such additional insureds is limited as provided herein:

(a) Managers Or Lessors Of

Premises

The manager or lessor of a

premises leased to you with

whom you have agreed per

Paragraph 7.a.(1) of this endorsement to provide insurance, but only with respect

to liability arising out of the 

ownership, maintenance or

use of that part of the premises leased to you, subject

to the following additional

exclusions:

This insurance does not apply to:

(i) Any "occurrence" which

takes place after you 

cease to be a tenant in 

that premises;

(ii) Structural alterations, new construction or 

demolition operations

performed by or on behalf of such additional

insured.

(b) Lessor Of Leased Equipment

Any person or organization

from whom you lease 

equipment when you and

such person(s) or organization(s) have agreed per Paragraph 7.a.(1) of this endorsement to provide insurance. Such person(s) or organization(s) are insureds

only with respect to liability 

for "bodily injury", "property

damage" or "personal and 

advertising injury" caused, in

whole or in part, by your

maintenance, operation or

use of equipment leased to

you by such person(s) or organization(s). A person's or 

organization's status as an 

additional insured under this

endorsement ends when 

their contract or agreement

with you for such leased

equipment ends. However, 

this insurance does not apply to any "occurrence" which takes place after the

equipment lease expires.

(c) Vendors

Any person or organization

(referred to below as vendor) with whom you have

agreed per Paragraph 

7.a.(1) of this endorsement 

to provide insurance, but only with respect to "bodily injury" or "property damage" arising out of "your products" which are distributed or sold 

in the regular course of the 

vendor's business, subject

to the following additional

exclusions:

(i) The insurance afforded 

the vendor does not 

apply to:

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1) "Bodily injury" or "property damage"

for which the vendor 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 that the

vendor would have 

in the absence of

the contract or 

agreement;

2) Any express warranty unauthorized

by you;

3) Any physical or 

chemical change in 

the product made 

intentionally by the

vendor;

4) Repackaging, except when unpacked solely for 

the purpose of inspection, demonstration, testing, or 

the substitution of 

parts under instructions from the 

manufacturer, and 

then repackaged in

the original container;

5) Any failure to make 

such inspections,

adjustments, tests

or servicing as the 

vendor has agreed 

to make or normally undertakes to 

make in the usual 

course of business, in connection

with the distribution 

or sale of the 

products;

6) Demonstration, installation, servicing

or repair operations, except such 

operations performed at the vendor's premises in 

connection with the

sale of the product;

7) Products which, after distribution or 

sale by you, have 

been labeled or relabeled or used as

a container, part or 

ingredient of any

other thing or substance by or for the 

vendor; or

8) "Bodily injury" or "property damage" arising out of the 

sole negligence of

the vendor for its

own acts or omissions or those of 

its employees or 

anyone else acting

on its behalf. How- ever, this exclusion

does not apply to:

a) The exceptions contained

in Paragraphs

(c) (i) 4) or 6)

of this endorsement; or

b) Such inspections, adjustments, tests or

servicing as

the vendor has

agreed to 

make or normally undertakes to make 

in the usual 

course of 

business, in 

connection 

with the distribution or sale 

of the products. 

(ii) This insurance does not 

apply to any insured

person or organization:

1) From whom you 

have acquired 

such products, or 

any ingredient, part 

or container, entering into, accompanying or containing

such products; or

2) When liability included within the "productsCase: 1:20-cv-04001 Document #: 1-1 Filed: 07/08/20 Page 136 of 236 PageID #:185
Includes copyrighted material of Insurance

GA 227 09 17 Services Office, Inc., with its permission. Page 13 of 15

completed operations hazard" has

been excluded under this Coverage

Part with respect to 

such products.

(d) State Or Governmental 

Agency Or Subdivision Or

Political Subdivision - Permits Or Authorizations 

Relating To Premises

Any state or governmental

agency or subdivision or political subdivision with which

you have agreed per Paragraph 7.a.(1) of this endorsement to provide insurance, subject to the following additional provision:

This insurance applies only 

with respect to the following

hazards for which the state

or governmental agency or 

subdivision or political subdivision has issued a permit

or authorization in connection with premises you own,

rent or control and to which

this insurance applies:

(i) The existence, maintenance, repair, construction, erection or removal 

of advertising signs,

awnings, canopies, cellar entrances, coal

holes, driveways, manholes, marquees, hoist 

away openings, sidewalk vaults, street banners or decorations and

similar exposures; or

(ii) The construction, erection or removal of elevators; or

(iii) The ownership, maintenance or use of any elevators covered by this

insurance.

(e) Mortgagee, Assignee Or 

Receiver

Any person or organization

with whom you have agreed 

per Paragraph 7.a.(1) of this

endorsement to provide insurance, but only with respect to their liability as

mortgagee, assignee, or receiver and arising out of the 

ownership, maintenance, or 

use of the premises by you.

However, this insurance 

does not apply to structural

alterations, new construction

and demolition operations 

performed by or for that person or organization.

(3) The insurance afforded to additional insureds described in Paragraph 7.a.(1) of this endorsement:

(a) Only applies to the extent 

permitted by law; and

(b) Will not be broader than that

which you are required by

the written contract, written

agreement, written permit or 

written authorization to provide for such additional insured; and

(c) Does not apply to any person, organization, vendor, state, governmental agency

or subdivision or political

subdivision, specifically 

named as an additional insured under any other provision of, or endorsement

added to, this Coverage

Part, provided such other 

provision or endorsement 

covers the injury or damage

for which this insurance applies. b. With respect to the insurance afforded to the additional insureds described in Paragraph 7.a.(1) of this 

endorsement, the following is added

to Section III - Limits Of Insurance:

The most we will pay on behalf of the 

additional insured is the amount of insurance:

(1) Required by the written contract,

written agreement, written permit 

or written authorization described 

in Paragraph 7.a.(1) of this endorsement; or

(2) Available under the applicable 

Limits of Insurance shown in the 

Declarations;

whichever is less.

This endorsement shall not increase

the applicable Limits of Insurance

shown in the Declarations.

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GA 227 09 17 Services Office, Inc., with its permission. Page 14 of 15

c. Section IV - Commercial General 

Liability Conditions is amended to 

include the following:

Automatic Additional Insured Provision

This insurance applies only if the "bodily injury" or "property damage" occurs, or the "personal and advertising injury" offense is committed:

(1) During the policy period; and

(2) Subsequent to your execution of

the written contract or written

agreement, or the issuance of a

written permit or written authorization, described in Paragraph

7.a.(1). d. Section IV - Commercial General 

Liability Conditions is amended as

follows:

Condition 5. Other Insurance is

amended to include:

Primary And Noncontributory Insurance

This insurance is primary to and will

not seek contribution from any other

insurance available to an additional

insured per Paragraph 7.a.(1) of this 

endorsement provided that:

(1) The additional insured is a

Named Insured under such other

insurance; and

(2) You have agreed in writing in a

contract, agreement, permit or 

authorization described in 7.a.(2)

of this endorsement that this insurance would be primary and

would not seek contribution from 

any other insurance available to 

the additional insured. 8. Property Damage To Borrowed Equipment

a. The following is added to Exclusion

2.j. Damage To Property under Section I - Coverage A - Bodily Injury 

And Property Damage Liability:

Paragraphs (3) and (4) of this exclusion do not apply to tools or equipment loaned to you, provided they are

not being used to perform operations

at the time of loss. b. With respect to the insurance provided by this section of the endorsement, the following additional provisions apply:

(1) The Limits of Insurance shown in

the Declarations are replaced by

the limits designated in Section

B. Limits Of Insurance, 8. Property Damage To Borrowed 

Equipment of this endorsement 

with respect to coverage provided by this endorsement. These 

limits are inclusive of and not in

addition to the limits being replaced. The Limits of Insurance

shown in Section B. Limits Of

Insurance, 8. Property Damage

To Borrowed Equipment of this 

endorsement fix the most we will

pay in any one "occurrence" regardless of the number of:

(a) Insureds;

(b) Claims made or "suits" brought; or

(c) Persons or organizations

making claims or bringing

"suits".

(2) Deductible Clause

(a) Our obligation to pay damages on your behalf applies

only to the amount of damages for each "occurrence" which are in excess of the 

Deductible Amount stated in 

Section B. Limits Of Insurance, 8. Property Damage 

To Borrowed Equipment of 

this endorsement. The limits

of insurance will not be reduced by the application of

such deductible amount.

(b) Section IV - Commercial

General Liability Conditions, 2. Duties In The 

Event Of Occurrence, Offense, Claim Or Suit, applies to each claim or "suit"

irrespective of the amount.

(c) We may pay any part or all

of the deductible amount to

effect settlement of any 

claim or "suit" and, upon notification of the action taken,

you shall promptly reimburse us for such part of the

deductible amount as has 

been paid by us.

Case: 1:20-cv-04001 Document #: 1-1 Filed: 07/08/20 Page 138 of 236 PageID #:187
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GA 227 09 17 Services Office, Inc., with its permission. Page 15 of 15

9. Employees As Insureds - Specified

Health Care Services And Good Samaritan Services

Paragraph 2.a.(1)(d) under Section II - Who Is An Insured does not apply to:

a. Your "employees" who provide professional health care services on your

behalf as a duly licensed nurse, emergency medical technician or 

paramedic in the jurisdiction where an

"occurrence" or offense to which this

insurance applies takes place; or

b. Your "employees" or "volunteer work- ers", other than an employed or volunteer doctor, providing first aid or 

good samaritan services during their

work hours for you will be deemed to

be acting within the scope of their 

employment by you or performing duties related to the conduct of your

business. 10. Broadened Notice Of Occurrence

Paragraph a. of Condition 2. Duties In 

The Event Of Occurrence, Offense, Claim Or Suit under Section IV - Commercial General Liability Conditions is

replaced by the following:

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.

This requirement applies only when

the "occurrence" or offense is known

to an "authorized representative". 11. Nonowned Aircraft

The following is added to Exclusion 2.g.

Aircraft, Auto Or Watercraft under Section I - Coverage A - Bodily Injury And

Property Damage Liability:

This exclusion does not apply to an aircraft you do not own, provided that:

a. The pilot in command holds a current 

effective certificate, issued by a duly 

constituted authority of the United 

States of America or Canada, designating that person as a commercial or 

airline transport pilot;

b. The aircraft is rented with a trained, paid crew; and

c. The aircraft does not transport persons or cargo for a charge.

12. Bodily Injury Redefined

Section V - Definitions, 4. "Bodily injury"

is replaced by the following:

4. "Bodily injury" means bodily harm or 

injury, sickness, disease, disability,

humiliation, shock, fright, mental anguish or mental injury, including care,

loss of services or death resulting

from any of these at any time.

13. Expected OrIntended Injury Redefined

The last sentence of Exclusion 2.a. Expected Or Intended Injury under Section I - Coverage A - Bodily Injury And

Property Damage Liability is replaced by 

the following:

This exclusion does not apply to "bodily 

injury" or "property damage" resulting from 

the use of reasonable force to protect persons or property. 

14. Former Employees As Insureds

The following is added to Paragraph 2.

under Section II - Who Is An Insured:

2. Each of the following is also an insured:

Any of your former "employees", directors, managers, members, partners or "executive officers", including

but not limited to retired, disabled or 

those on leave of absence, but only 

for acts within the scope of their employment by you or for duties related

to the conduct of your business.

Case: 1:20-cv-04001 Document #: 1-1 Filed: 07/08/20 Page 139 of 236 PageID #:188
Includes copyrighted material of Insurance

GA 3024 05 14 Services Office, Inc., with its permission.

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.s. of Section I - Coverage A - Bodily Injury and Property Damage Liability

is replaced by the following:

2. Exclusions

This insurance does not apply to:

s. Access or Disclosure of Confidential or Personal Information and 

Data-Related Liability

Damages arising out of:

(1) Any access to or disclosure of

any person's or organization's

confidential or personal information, including patents, trade secrets, processing methods, customer lists, financial information, credit card information, health information or any other type of

nonpublic information; or

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

access, or inability to manipulate 

electronic data.

This exclusion applies even if damages are claimed for notification 

costs, credit monitoring expenses, forensic expenses, public relations expenses or any other loss, cost or expense incurred by you or others arising out of that which is described in 

Paragraph (1) or (2) above. However, unless Paragraph (1)

above applies, this exclusion does

not apply to damages because of "bodily injury".

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.

Case: 1:20-cv-04001 Document #: 1-1 Filed: 07/08/20 Page 140 of 236 PageID #:189
Includes copyrighted material of Insurance

GA 4205 IL 10 01 Services Office, Inc., with its permission. Page 1 of 2

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

ILLINOIS CHANGES - KNOWN INJURY OR DAMAGE

This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

A. Paragraph d. of SECTION I - COVERAGES,

COVERAGE A. BODILY INJURY AND

PROPERTY DAMAGE LIABILITY, 1. Insuring Agreement is deleted in its entirety and

replaced by the following:

d. You will be deemed to know that "bodily

injury" or "property damage" has occurred at the earliest time when any

"authorized representative":

(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";

(3) First observes the "bodily injury" or

"property damage";

(4) Becomes aware by any means other

than as described in (3) above, that

"bodily injury" or "property damage"

had occurred or had begun to occur;

or

(5) Becomes aware of a condition from

which "bodily injury" or "property

damage" was substantially certain to

occur.

B. SECTION I - COVERAGES, COVERAGE A.

BODILY INJURY AND PROPERTY DAMAGE

LIABILITY, 2. Exclusions, r. Additional Insured Prior Knowledge is deleted in its entirety and replaced by the following:

r. Additional Insured Prior Knowledge

An additional insured added by attachment of an endorsement to this Coverage

Part that is seeking coverage for a claim

or "suit", if that additional insured knew,

per the following paragraph, that "bodily

injury" or "property damage" had occurred or had begun to occur, in whole or

in part, prior to the "coverage term" in

which such "bodily injury" or "property

damage" occurs or begins to occur.

An additional insured added by attachment of an endorsement to this Coverage

Part will be deemed to have known that

"bodily injury" or "property damage" has

occurred or has begun to occur at the

earliest time when that additional insured,

or any one of its owners, members, partners, managers, executive officers, "employees" assigned to manage that additional insured's insurance program, or

"employees" assigned to give or receive

notice of an "occurrence", "personal and

advertising injury" offense, claim or "suit":

(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";

(3) First observes the "bodily injury" or

"property damage";

(4) Becomes aware by any means other

than as described in (3) above, that

"bodily injury" or "property damage"

had occurred or had begun to occur;

or

(5) Becomes aware of a condition from

which "bodily injury" or "property

damage" was substantially certain to

occur.

C. COVERAGE B. PERSONAL AND ADVERTISING INJURY LIABILITY, 1. Insuring

Agreement is deleted in its entirety and replaced by the following:

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

ends when we have used up the

applicable limit of insurance in

the payment of judgments or

settlements under SECTION I -

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Includes copyrighted material of Insurance

GA 4205 IL 10 01 Services Office, Inc., with its permission. Page 2 of 2

COVERAGES, COVERAGE A.

BODILY INJURY AND PROPERTY DAMAGE LIABILITY;

SECTION I - COVERAGES,

COVERAGE B. PERSONAL

AND ADVERTISING INJURY

LIABILITY; or medical expenses

under SECTION I - COVERAGES, COVERAGE C. MEDICAL PAYMENTS. No other obligation or liability to pay

sums or perform acts or services is

covered unless expressly provided

for under SUPPLEMENTARY PAYMENTS - COVERAGES A AND B. b. This insurance applies to "personal

and advertising injury" only if:

(1) The "personal and advertising

injury" is caused by an offense

arising out of your business; and

(2) The "personal and advertising

injury" offense was committed in

the "coverage territory" during

the policy period.

D. COVERAGE B. PERSONAL AND ADVERTISING INJURY LIABILITY, 2. Exclusions, q.

Additional Insured Prior Knowledge is deleted in its entirety.

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Includes copyrighted material of ISO

GA 4250 11 05 Properties, Inc., with its permission Page 1 of 2

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

MOBILE EQUIPMENT SUBJECT TO MOTOR

VEHICLE INSURANCE LAWS

This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

A. SECTION I - COVERAGES, COVERAGE A.

BODILY INJURY AND PROPERTY DAMAGE

LIABILITY, 2. Exclusions, g. Aircraft, Auto or

Watercraft is replaced by the following:

This insurance does not apply to:

g. Aircraft, Auto or Watercraft

"Bodily injury" or "property damage" arising out of the ownership, maintenance,

use or entrustment to others of any air- craft, "auto" or watercraft owned or oper- ated by or rented or loaned to any in- sured. 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 "prop- erty damage" involved the ownership,

maintenance, use or entrustment to oth- ers 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 that you own or rent;

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

(a) Less than 51 feet long; and

(b) Not being used to carry persons

or property for a charge;

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

next to, premises you own or rent,

provided the "auto" is not owned by

or rented or loaned to you or the in- sured;

(4) Liability assumed under any "insured

contract" for the ownership, mainte- nance or use of aircraft or watercraft;

or

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

arising out of the operation of any of

the equipment listed in Paragraph f.

(2) or f. (3) of the definition of "mobile

equipment".

B. SECTION II - WHO IS AN INSURED is

amended to include:

4. With respect to "mobile equipment" registered in your name under any motor

vehicle registration law, any person is an

insured while driving such equipment

along a public highway with your permis- sion. Any other person or organization

responsible for the conduct of such per- son is also an insured, but only with re- spect to liability arising out of the operation of the equipment, and only if no other

insurance of any kind is available to that

person or organization for this liability.

However, no person or organization is an

insured with respect to:

a. "Bodily injury" to a co-"employee" of

the person driving the equipment; or

b. "Property damage" to property

owned by, rented to, in the charge of

or occupied by you or the employer

of any person who is an insured un- der this provision.

C. SECTION V - DEFINITIONS, 3. "Auto" and 15.

"Mobile equipment" are replaced by the following:

3. "Auto" means a land motor vehicle, trailer

or semitrailer designed for travel on public roads, including any attached machin- ery or equipment. But "auto" does not in- clude "mobile equipment".

15. "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;

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GA 4250 11 05 Properties, Inc., with its permission Page 2 of 2

d. Vehicles, whether self-propelled or

not, maintained primarily to provide

mobility to permanently mounted;

(1) Power cranes, shovels, loaders,

diggers or drills; or

(2) Road construction or resurfacing

equipment such as graders,

scrapers or rollers;

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

d. above that are not self-propelled

and are maintained primarily to pro- vide mobility to permanently attached equipment of the following

types:

(1) Air compressors, pumps and

generators, including spraying,

welding, building cleaning, geo- physical exploration, lighting and

well servicing equipment; or

(2) Cherry pickers and similar de- vices used to raise or lower

workers;

f. Vehicles not described in 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 con- struction 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 gen- erators, including spraying, welding,

building cleaning, geophysical exploration, lighting and well servicing

equipment.

D. This endorsement does not apply to any li- ability arising from an "occurrence" caused by

or arising from any land vehicle if:

1. You have an Auto Coverage Form in

force at the time of the "occurrence"; and

2. The land vehicle meets the definition of

auto in your Auto Coverage Form or policy, regardless of whether or not such

land vehicle is:

a. A covered auto under such Auto

Coverage Form or policy; or

b. Specifically described on a schedule

of covered autos on your Auto Cov- erage Form or policy.

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GA 4510 03 19 Page 1 of 1

NOTICE TO POLICYHOLDERS

EXCLUSION - CONTRACTORS - PROFESSIONAL LIABILITY

This is a notice of a change in your policy. NO COVERAGE IS PROVIDED BY THIS NOTICE nor can it be 

construed to replace any provisions of your policy. YOU SHOULD READ YOUR POLICY AND REVIEW

YOUR DECLARATIONS PAGE CAREFULLY for complete information on the coverage you are provided. If 

there is any conflict between the policy and this notice, THE PROVISIONS OF THE POLICY SHALL 

PREVAIL.

Reduction of Coverage:

CG 22 79 Exclusion - Contractors - Professional Liability has been added to your Commercial General Liability 

Coverage Part at the renewal of your policy.

This endorsement excludes coverage for the operations of providing engineering, architectural or surveying 

services to others or providing, or hiring independent professionals to provide, engineering, architectural or 

surveying services in connection with construction work you perform. These situations are intended to be

insured by a professional liability coverage part. Please consult with your insurance agent to determine your 

needs.

Case: 1:20-cv-04001 Document #: 1-1 Filed: 07/08/20 Page 145 of 236 PageID #:194
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Case: 1:20-cv-04001 Document #: 1-1 Filed: 07/08/20 Page 146 of 236 PageID #:195
GA 116 05 17 Page 1 of 10

EMPLOYMENT PRACTICES LIABILITY COVERAGE FORM

TABLE OF CONTENTS

Begins on Page:

Preamble .......................................................................................................................................................2

SECTION I - EMPLOYMENT PRACTICES LIABILITY COVERAGE..........................................................2

A. Insuring Agreement..............................................................................................................................2

B. Exclusions ............................................................................................................................................3

C. Supplementary Payments ...................................................................................................................4

SECTION II - WHO IS AN INSURED............................................................................................................4

SECTION III - LIMITS OF INSURANCE AND INSURED'S DEDUCTIBLE..................................................5

SECTION IV - CONDITIONS ........................................................................................................................6

A. Duties of the Insureds in the Event of Claim.....................................................................................6

B. Legal Action Against Us......................................................................................................................6

C. Other Insurance....................................................................................................................................6

D. Warranties.............................................................................................................................................6

E. Transfer of Rights of Recovery Against Others To Us.....................................................................6

F. Insured's Representative Clause........................................................................................................7

G. Mediation and Allocation.....................................................................................................................7

H. Acquisition of an Insured by Another Organization .........................................................................7

I. Cessation of Subsidiaries ...................................................................................................................7

J. Three-or Five-Year Policies.................................................................................................................7

K. Office of Foreign Assets Control (OFAC) Compliance.....................................................................7

SECTION V - EXTENDED REPORTING PERIODS.....................................................................................7

SECTION VI - DEFINITIONS........................................................................................................................8

A. "Benefits"................................................................................................................................................8

B. "Bodily injury"..........................................................................................................................................8

C. "Claim"....................................................................................................................................................8

D. "Coverage territory"................................................................................................................................8

E. "Defense costs"......................................................................................................................................8

F. "Domestic partner".................................................................................................................................9

G. "Employee".............................................................................................................................................9

H. "Executive officer" ..................................................................................................................................9

I. "Interrelated wrongful acts".....................................................................................................................9

J. "Loss".....................................................................................................................................................9

K. "Personal injury".....................................................................................................................................9

L. "Pollutants".............................................................................................................................................9

M. "Property damage".................................................................................................................................9

N. "Subsidiary"............................................................................................................................................9

O. "Wrongful act".........................................................................................................................................9

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NOTICE: THIS INSURANCE COVERAGE CONTAINS CLAIMS-MADE COVERAGE. EXCEPT AS MAY 

BE OTHERWISE PROVIDED HEREIN, THIS INSURANCE IS LIMITED TO "WRONGFUL 

ACTS" FOR WHICH "CLAIMS" ARE FIRST MADE AGAINST THE INSURED DURING THE 

POLICY PERIOD. PLEASE READ AND REVIEW THIS INSURANCE CAREFULLY AND DISCUSS THE COVERAGE WITH YOUR AGENT. THE LIMITS OF INSURANCE AVAILABLE TO PAY JUDGMENTS OR SETTLEMENTS SHALL

BE REDUCED BY AMOUNTS INCURRED FOR LEGAL DEFENSE.

EMPLOYMENT PRACTICES 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

VI - DEFINITIONS. SECTION I - EMPLOYMENT PRACTICES LIA- BILITY COVERAGE

A. Insuring Agreement

1. We will pay those sums that the insured 

becomes legally obligated to pay as damages because of all "loss" generated by a

"claim". We will have the right and duty to

select counsel and defend the insured 

against any "claim". However, we will 

have no duty to defend the insured 

against any "claim" seeking damages to

which this insurance does not apply. We

may make any investigation we deem 

necessary and may, with the consent of 

the insured, make any settlement of any

"claim" we deem expedient. However, if

the insured withholds consent to such settlement, our liability for all "loss" in connection with such "claim" shall not exceed

the amount for which we could have settled such "claim" plus charges and expenses which have accrued since the 

date such settlement was proposed in 

writing by us to the insured; plus:

2. 90% of any settlement or judgment in excess of the proposed settlement amount 

referenced in A.1. above plus 90% of any

"defense costs" incurred after the date the

insured refused to consent to the proposed settlement. The remaining 10% of

any settlement or judgment in excess of 

the proposed settlement amount referenced in A.1. above plus 10% of any "defense costs" incurred after the date the 

policy "insureds" refused to consent to the 

proposed settlement shall be borne by the "insureds", uninsured and at their own 

risk. But:

a. The amount we will pay for all "loss"

is limited as described in SECTION 

III - LIMITS OF INSURANCE AND

INSURED'S DEDUCTIBLE; and

b. Our right and duty to defend ends

when we have used up the applicable

limit of insurance in the defense 

and/or payment of judgments or settlements of covered "claims". No other obligation or liability to pay sums

or perform acts or services is covered unless specifically provided for under Supplementary Payments. 3. This insurance applies to "claims" only if

those "claims":

a. Arise from a "wrongful act" committed, attempted or allegedly committed 

or attempted:

(1) On or after the Retroactive Date, 

if any, shown in the Declarations

and prior to the termination of

this Coverage Form; and

(2) In the "coverage territory"; and

b. Are first made against any insured in 

accordance with Paragraph 4. below 

during the policy period or any Extended Reporting Period we may 

provide under SECTION V - EXTENDED REPORTING PERIODS. 4. A "claim" for all "loss" will be deemed to

have been made at the earlier of the following times:

a. When an insured reports to us or another insurer in writing an incident or 

circumstance that may lead to a "claim" or "loss"; or

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b. When notice of such "claim" is received in writing by an insured or by 

us, whichever comes first.

B. Exclusions

1. This insurance does not apply to:

a. ADA Modifications

"Loss" incurred by the insured in

making physical changes, modifications, alterations, or improvements as

part of an accommodation pursuant 

to the Americans With Disabilities Act 

or similar provisions of any federal, 

state or local statutory or common 

law.

However, this exclusion does not apply to "defense costs". b. Bodily Injury and Property Damage

Any "claim" or "loss" based upon, 

arising out of, or in consequence of

any actual or alleged "bodily injury" or "property damage". c. Contractual Liability

Any "claim" based upon, arising out 

of, or in consequence of, any actual

or alleged obligation or liability of others assumed by an insured under any 

contract or agreement, either oral or 

written, except to the extent the insured would have been liable in the 

absence of the contract or agreement.

d. Fraudulent Act or Purposeful Violation

Any "claim" or "loss" based upon, 

arising out of, or in consequence of, any deliberately fraudulent, dishonest, criminal or malicious act or omission or willful violation of any statute, 

law, rule, regulation, agreement, or 

judicial or regulatory order, if a final

and non-appealable judgment or adjudication adverse to the insureds establishes a deliberately fraudulent, 

dishonest, criminal or malicious act or

omission or willful violation of any 

statute, law, regulation, agreement or 

judicial or regulatory order.

e. Pollutant

Any "claim" based upon, arising out 

of, in consequence of, or in any way 

involving:

(1) The actual, alleged, or threatened discharge, dispersal, seepage, migration, emission, release or escape of "pollutants"; 

or

(2) Any direction or request to test 

for, monitor, clean up, remove, contain, treat, detoxify, or neutralize "pollutants", including but 

not limited to "claims" alleging 

damage to an insured;

provided, however, this exclusion 

shall not apply to any "claim" under 

this Coverage Form for retaliatory 

treatment of a person with respect to 

actual or threatened disclosures by 

such person of matters described in 

(1) or (2) above.

f. Prior Known Acts

Any "claim" or "loss" based upon, 

arising out of, or in consequence of, any actual or alleged "wrongful act" committed, attempted, or allegedly 

committed or attempted prior to the 

effective date of this Coverage Form 

if:

(1) Notice of a "claim" or circumstances which may lead to a

"claim" have been reported under any previous policy, whether 

or not coverage applied, of which

this Coverage Form is a renewal 

or replacement or which it may 

succeed in time; or

(2) The insured knew or should

have reasonably foreseen, prior 

to the effective date of the first 

consecutive Coverage Form issued by us, that such circumstances might be the basis of a

"claim" or "loss"; or

(3) Notice of a "claim" or circumstances which may lead to a

"claim" is based upon, arises out 

of, directly or indirectly results

from or in consequence of, or in

any way involves any prior or 

pending litigation, arbitration or 

administrative action as of the

effective date of the first consecutive Coverage Form issued to

the insured by us.

g. Violation of Laws

Any "claim" based upon, arising out 

of, in consequence of, or in any way

involving any actual or alleged violation(s) of any of the responsibilities, obligations, or duties imposed by the:

(1) Employee Retirement Income

Security Act of 1974; or

(2) Fair Labor Standards Act (except 

the Equal Pay Act), except we

shall reimburse the insured for 

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up to a maximum payment of

$100,000 in "defense costs" that 

exceed the Deductible Amount 

as set forth in the Declarations. Any payment of "defense costs" shall be part of and not in addition to the Limit of Insurance set 

forth in the Declarations and 

such payment reduces the Limit 

of Insurance; or

(3) National Labor Relations Act (including the Labor Management 

Relations Act of 1947); or

(4) Worker Adjustment and Retraining Notification Act; or

(5) Consolidated Omnibus Budget 

Reconciliation Act of 1985; or

(6) Occupational Safety and Health

Act; or

any amendments to or rules or regulations promulgated pursuant to 

these laws, or similar provisions of

any federal, state, or local statutory or 

common law. However, this exclusion 

shall not apply to a "claim" for retaliatory treatment of a person with respect to actual or threatened disclosures by such person of any actual or 

alleged violation of the Employee Retirement Income Security Act, the 

Fair Labor Standards Act, the National Labor Relations Act (including 

the Labor Management Relations Act 

of 1947), the Worker Adjustment and 

Retraining Notification Act, the Consolidated Omnibus Budget Reconciliation Act or the Occupational Safety 

and Health Act by any insured. h. Workers' Compensation and Similar Laws

Any "claim" based upon, arising out 

of, in consequence of, or in any way 

involves any actual or alleged obligation of any insured under a workers' compensation, unemployment insurance, social security, disability benefits or similar law, or derivative actions arising out of any of these. However, this exclusion shall not apply to any "claim" for retaliatory 

treatment by an insured due to the 

exercise of rights granted under any 

such law. 2. Severability of Exclusions

With respect to the exclusions in this policy:

No fact regarding or knowledge possessed by any insured shall be imputed to 

any other insured to determine if coverage 

is available, except that facts pertaining to 

and knowledge possessed by any past, 

present or future Chief Financial Officer or

Chief Executive Officer of the Named Insured shall be imputed to the Named Insured to determine if coverage is available. C. Supplementary Payments

We will pay with respect to any "claim" we defend:

1. The cost of any appeal bond, attachment 

bond, or any similar bond, but only for 

bond amounts within the applicable limit 

of insurance. We do not have to furnish 

these bonds.

2. All reasonable expenses incurred by the 

insured at our request to assist us in the 

investigation or defense of the "claim", including actual loss of earnings up to $250 

a day because of time off from work. These payments will not reduce the limits of 

insurance. SECTION II - WHO IS AN INSURED

A. If you are designated in the Declarations as:

1. An individual, you and your spouse, or "domestic partner" are insureds but only

to the extent such spouse or "domestic

partner" is a party to any "claim" solely in 

such person's capacity as a spouse or "domestic partner" of an "insured" and only if the "claim" seeks damages recoverable from marital community property, property jointly held by the "insured" and

the spouse or "domestic partner", or 

property transferred from "insured" to the 

spouse or "domestic partner", but only 

with respect to the conduct of a business

of which you are the sole owner. 2. A partnership or joint venture, you are an 

insured and any "subsidiary". Your past, present and future members, your past, present and future partners, and their 

spouses or "domestic partners" are also 

insureds, but only to the extent such

spouse or "domestic partner" is a party to 

any "claim" solely in such person's capacity as a spouse or "domestic partner" of an "insured" and only if the "claim" seeks

damages recoverable from marital community property, property jointly held by

the "insured" and the spouse or "domestic

partner", or property transferred from "insured" to the spouse or "domestic partner", but only with respect to the conduct

of your business. 3. A limited liability company and any "subsidiary", you are an insured. Your past 

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present and future members are also insureds, but only with respect to the conduct of your business. Your past, present 

and future managers are insureds, but only with respect to their duties as your 

managers. 4. An organization other than a partnership, 

joint venture or limited liability company, you are an insured. Your past, present 

and future "executive officers" and directors are insureds, but only with respect to 

their duties as your officers or directors. Your past and present stockholders are 

also insureds, but only with respect to 

their liability as stockholders.

B. Each of the following is also an insured:

1. Your past, present and future "employ- ees", 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 employ- ment by you or while performing duties related to the conduct of your business. 2. Any natural person who is an independent

contractor as determined by federal, state 

or local law, but only while acting in the 

capacity as such for you or any "subsidiary" pursuant to an express written

agreement between the independent contractor, or any entity on behalf of the independent contractor, and you or any "subsidiary" and only if you or any "subsidiary" agrees in writing to provide indemnification to such independent contractor; provided, however, any coverage under this

Coverage Part for any such independent 

contractor shall be excess of any indemnification or insurance otherwise available 

to such independent contractor from any

other source;

including their estates, heirs, legal representatives or assigns in the event of their death, incapacity or bankruptcy. 3. The estates, heirs, legal representatives 

or assigns of insureds who are deceased 

or have been declared incompetent. C. 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, 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. 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 AND INSURED'S DEDUCTIBLE

A. The Limits of Insurance shown in the Declarations and the rules below fix the most we will 

pay regardless of the number of:

1. Insureds under this Coverage Form;

2. "Claims" made or suits brought on account of "wrongful acts" or otherwise; or

3. Persons or Organizations making "claims" or bringing suits. B. Subject to C. below, our maximum liability for 

each "wrongful act" shall be the Limit of Insurance Per Wrongful Act as specified in the Declarations. All "loss" arising out of the same "wrongful act" and all "interrelated wrongful acts" of any insured shall be deemed one "wrongful act" and

have been deemed to have originated in the 

earliest policy period in which a "claim" is first

made against any insured alleging any such

"wrongful act" or "interrelated wrongful acts". C. The Aggregate Limit as specified in the Declarations is the most we will pay for "loss" for all "claims" to which this insurance applies. D. "Defense costs" incurred by us or by the insured with our written consent are part of and 

not in addition to the Limits of Insurance specified in the Declarations. Our payment of "defense costs"reduces the Limits of Insurance. E. Our liability shall apply only to that part of each 

covered "loss" which is excess of the Deductible Amount specified in the Declarations and 

such Deductible Amount shall be borne by the 

insureds. F. Any "claim" which is made or maintained as a 

class action or other multiple plaintiff suit shall 

be deemed one "wrongful act" and shall be

subject to the Per Wrongful Act Limit of Insurance and Deductible Amount shown in the 

Declarations. G. In the event this Coverage Form is extended in 

accordance with the provisions of the Basic 

Extended Reporting Period, our total liability 

shall not exceed the Aggregate Limit shown in 

the Declarations for the last policy period in 

which coverage is provided hereunder.

The Limits of Insurance of this Coverage Form 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 

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preceding period for purposes of determining the

Limits of Insurance.

SECTION IV - CONDITIONS

A. Duties of the Insureds in the Event of a 

Claim

As a condition precedent to coverage under 

this Coverage Form:

1. The insureds shall give us written notice 

as soon as practicable of any "claim" made against an insured for a "wrongful 

act" and shall give such information and

cooperation as we may reasonably require, including but not limited to a description of the "claim", the nature of the

alleged "wrongful act", the nature of the 

alleged injury, the names of the claimants,

and the manner in which the insured first 

became made aware of the "claim". 2. The insureds shall provide us with all information, assistance and cooperation 

which we reasonably request and agree 

that in the event of a "claim" the insureds

will do nothing that may prejudice our position or our potential or actual rights of 

recovery.

3. The insureds shall not settle any "claim", 

incur any "defense costs" or otherwise

assume any contractual obligation or admit any liability with respect to any "claim" without our written consent, which shall 

not be unreasonably withheld. We shall 

not be liable for any settlement, "defense 

costs", assumed obligation or admission

to which we have not consented.

B. Legal Action Against Us

No action shall lie against us unless, as a condition precedent thereto, there shall have been 

full compliance with all of the terms of this 

Coverage Form, nor until the amount of an insured's obligation to pay shall have been finally

determined either by judgment against an insured after actual trial or by written agreement 

of the insured, the claimant and us. Any person or organization or the legal representative thereof who has secured such judgment or written agreement shall thereafter be 

entitled to recover under this Coverage Form 

to the extent of the insurance afforded by this 

Coverage Form. No person or organization 

shall have any right under this Coverage Form

to join us as a party to any action against an 

insured to determine an insured's liability. 

Bankruptcy or insolvency of an insured or of 

their estates shall not relieve us of any of our 

obligations hereunder.

C. Other Insurance

This insurance is primary except when all or 

any part of "loss" is also insured under any 

other prior or current policy. Then this insurance is excess over that other insurance, 

whether primary, excess, contingent or on any

other basis, unless that other insurance was 

purchased specifically to apply in excess of 

this Coverage Form.

When this Coverage Form is excess:

1. We will have no duty to defend any

"claim" when any other insurer has that 

duty. If another insurer fails to defend and 

we incur costs as a result of such failure, 

we will be entitled to the insured's rights 

against such other insurer; and

2. 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 Coverage Form; 

and

b. The total of all deductible and selfinsured amounts under all such other 

insurance. D. Warranties

By accepting this Coverage Form:

1. The insureds warrant that the application 

is attached to and forms a part of this

Coverage Form;

2. Each and every person who accepts the 

benefits of coverage as an insured warrants:

a. That the statements in the application

and Declarations are material to our 

acceptance of risk assumed by us; 

and

b. That we have issued this Coverage 

Form in reliance upon the truth of the 

statements in the application and 

Declarations; and

c. That coverage depends upon the 

truth of such statements. E. Transfer of Rights of Recovery Against 

Others To Us

In the event of any payment under this Coverage Form we shall be subrogated to the extent 

of such payment to all insured's rights of recovery. In such case the insured shall execute 

all papers required and shall do everything 

necessary to secure and preserve such right, 

including the execution of such documents 

necessary to enable us to effectively bring suit 

in the name of the insured.

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F. Insured's Representative Clause

By acceptance of this Coverage Form the first 

Named Insured shown in the Declarations 

agrees to act on behalf of all insureds with respect to the giving and receiving of notice of "claim", the acceptance of endorsements, the 

giving or receiving of any other notice provided 

for in this Coverage Form, and the exercising

or declining to exercise any right to an Extended Reporting Period, and agree that such first 

Named Insured shall act on all insureds' behalf.

G. Mediation and Allocation

1. Any dispute including but not limited to tort 

claims or contract claims between an insured and us arising out of or relating to 

this Coverage Form shall be submitted to 

nonbinding mediation prior to commencement of an action between the parties. The mediator shall be chosen by

agreement. If the parties cannot agree 

upon a mediator, the mediator shall be 

chosen by the American Arbitration Association.

2. If both "loss" covered by this Coverage

Form and loss not covered by this Coverage Form are incurred, either because a "claim" against an insured includes both

covered and uncovered matters or because a "claim" is made against both an

insured and others, we will pay 100% of 

reasonable and necessary "defense 

costs" and all remaining "loss" will be allocated between covered "loss" and uncovered "loss" based upon the relative legal 

exposure of the parties to such matters. 3. If we and the insured cannot agree as to 

matters in Paragraph 2. of this condition 

prior to a judgment or finding in the civil or 

administrative proceeding dealing with "claims" against the insured, the parties

agree that they will, to the extent it is within their control, require that the allocation

between covered "loss" and uncovered 

loss is made in such civil or administrative

proceeding. Such efforts shall include but 

are not limited to the submission of special interrogatories to the finder of fact in 

such proceedings. Such efforts shall not 

require us to become a party to such civil 

or administrative proceedings.

4. Notwithstanding Paragraph 3. of this condition, if we and the insured cannot agree 

as to matters in Paragraph 2. of this condition prior to a judgment or finding in any

civil or administrative proceeding in which

such issues are decided, we may at any 

time before or after mediation under Paragraph 1. of this condition settle all "claims" against any or all insureds. Following such settlement, any dispute between us and the insured as to the proper 

allocation of covered and uncovered matters under Paragraph 2. of this condition 

shall be submitted to a nonbinding mediation prior to the commencement of an action between the parties. In any event, only one mediation as to the same issues

shall be required.

H. Acquisition of an Insured by Another Organization

If (i) an insured merges into or consolidates 

with another organization, or (ii) another organization or person or group of organizations

and/or persons acting in concert acquires securities or voting rights which result in ownership or voting control by the other organization(s) or person(s) of more than 50% of the 

outstanding securities representing the present right to vote for election of an insured's directors, coverage under this Coverage Form 

shall continue until its termination, but only with

respect to "claims" for "wrongful acts" committed, attempted or allegedly committed or attempted, by insureds prior to such merger, 

consolidation or acquisition.

I. Cessation of Subsidiaries

In the event a Named Insured ceases to be a

"subsidiary", coverage with respect to such

"subsidiary" and its insureds shall continue until termination of this Coverage Form, but only

with respect to "claims" for "wrongful acts" committed, attempted, or allegedly committed 

or attempted prior to the date such organization ceases to be a "subsidiary". J. Three-or Five-Year Policies

If this Coverage Form is issued for more than 

one year, the premium shall be computed annually based on our rates or premiums in effect at each anniversary.

K. Office of Foreign Assets Control (OFAC) 

Compliance

Whenever insurance coverage provided by

this Coverage Form would be in violation of 

any United States economic or trade sanctions, such insurance shall be null and void.

SECTION V - EXTENDED REPORTING PERIODS

A. Upon termination of this insurance for any reason, other than cancellation for nonpayment of 

premium, we may provide one or more Extended Reporting Periods as described below.

B. Extended Reporting Periods do not extend the 

policy period or change the scope of coverage 

provided. They extend the "claims" reporting 

period. C. Such Extended Reporting Periods will apply

solely with respect to "claims" first made in accordance with SECTION I - EMPLOYMENT

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PRACTICES LIABILITY COVERAGE, A. Insuring Agreement, 2. and Exclusion f. Prior 

Known Acts. Such "claims" must be reported 

to us prior to the expiration of the Extended 

Reporting Period.

D. A 90-day Basic Extended Reporting Period is 

automatically provided without additional 

charge.

The Basic Extended Reporting Period does

not reinstate or increase the Limits of Insurance of this Coverage Form.

E. A Supplemental Extended Reporting Period is 

available, but only by endorsement and for an 

extra charge. This supplemental period starts 

when the Basic Extended Reporting Period, as

set forth by Paragraph D., ends. The insured must give us a written request for 

this endorsement within 60 days of the termination of this insurance. The Supplemental Extended Reporting Period will not go into effect

unless the insured pays the additional premium promptly when due. We will determine the additional premium in 

accordance with our rules and rates. In doing 

so, we may take into account the following:

1. The exposure insured;

2. Previous types and amounts of insurance; 

and

3. Other related factors. The additional premium will not exceed 200% 

of the expiring annual premium of this Coverage Form. The endorsement shall set forth any terms that 

differ from the basic Coverage Form applicable to the Supplemental Extended Reporting 

Period.

If the Supplemental Extended Reporting Period endorsement is in effect, we will provide a 

Supplemental Aggregate Limit of Insurance 

described below, but only for "claims" first

made in accordance with SECTION I - EMPLOYMENT PRACTICES LIABILITY COVERAGE, A. Insuring Agreement, 2. and Exclusion f. Prior Known Acts against any insured during our Extended Reporting Period.

The Supplemental Aggregate Limit of Insurance will be equal to the dollar amount shown 

in the Declarations for Aggregate Limit that is 

in effect at the end of the last policy period.

Any Extended Reporting Period will immediately terminate on the effective date and hour 

of any other insurance issued to you which replaces this insurance. If you notify us of the effective date of the other insurance, we will 

send you a refund of any pro rata unearned 

premium.

SECTION VI - DEFINITIONS

A. "Benefits" means perquisites, fringe benefits, payments in connection with an employee 

benefit plan and any other payment, other than 

salary or wages, to or for the benefit of an "employee" arising out of the employment relationship. B. "Bodily injury" means physical injury, sickness, disease or death of any person.

C. "Claim" means:

1. A written demand for monetary damage 

or non-monetary relief;

2. A civil proceeding commenced by filing of

a complaint or similar pleading;

3. A formal administrative or regulatory proceeding commenced by a filing of charges, formal investigative order or similar 

document;

4. An arbitration, mediation or similar alternative dispute resolution proceeding if the

insured is required or agrees to participate 

in such proceeding with our written consent; or

5. A written request to toll or waive a statute

of limitations relating to a potential "claim" described above;

which is brought by or on behalf of any past, 

present or prospective "employee(s)" of a 

Named Insured against any of the insureds, 

including any appeal therefrom, as the result 

of an alleged "wrongful act". D. "Coverage territory" means anywhere. E. "Defense costs" means reasonable and necessary fees, costs, and expenses incurred by

us or with our consent on behalf of the insured

or reimbursed to any insured by us, resulting 

solely from the investigation, adjustment, defense and appeal of any "claim". "Defense

costs" includes but is not limited to the cost of

expert consultants and witnesses, premiums 

for appeal, attachment or supersedeas bonds 

(but not the obligation to furnish such bonds).

"Defense costs" do not include:

1. Expenses explicitly provided for under 

Supplementary Payments; or

2. The salaries, wages, overhead or expenses of our employees or your directors, officers or "employees", other than 

that portion of our employed attorneys'

fees, salaries and expenses allocated to a 

specific "claim"; or

3. Any amount covered by the duty to defend 

obligation of any other insurer; or

4. Any pre-tender fees, costs or expenses.

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GA 116 05 17 Page 9 of 10

F. "Domestic partner" means a natural person 

who is not otherwise an "insured", in a committed relationship with an insured person, which 

is legally recognizable as a marriage, civil union or domestic partnership in the state where 

the "claim" is made or suit is filed and the legal 

existence of the relationship is verifiable by legal, government documentation existing prior 

to the date of the "wrongful act" complained of

in the "claim". G. "Employee" includes but is not limited to fulltime, part-time, seasonal, volunteer, leased or 

contingent workers as determined by federal, 

state or local law. "Employee" does not include

independent contractors as determined by

federal, state or local law.

H. "Executive officer" means a person holding

any of the officer positions created by your 

charter, constitution, bylaws or any other similar governing document.

I. "Interrelated wrongful acts" means all causally

connected "wrongful acts". J "Loss" means "defense costs" and the total 

amount of monetary damages which the "insured" becomes legally obligated to pay on 

account of any "claim" for a "wrongful act" with 

respect to which coverage hereunder applies, 

including damages (including back pay and 

front pay), judgments, settlements, prejudgment and postjudgment interest and punitive 

or exemplary damages or the multiplied portion of any multiplied damage award if insurable under the applicable law most favorable to 

the insurability of punitive, exemplary or multiplied damages.

"Loss" shall not include any amount for which 

an "insured" is not financially liable, compensation earned in the course of employment but 

not paid by an "insured" or matters which are

deemed uninsurable under the law pursuant to

which this Coverage Form shall be construed. 

"Loss" shall not include, (other than "defense 

costs"):

1. "Benefits" or the equivalent value, however, this provision does not apply to "loss"

resulting solely from wrongful termination 

of employment; or

2. Amounts which arise out of, are based 

upon, or are attributable to the employ- ment reinstatement of the claimant by an "insured" or the continued employment of

the claimant; or

3. Future compensation, including salary or "benefits" for an "employee" if the "insured" is ordered in accordance with a 

judgment or other final adjudication but 

fails to reinstate the claimant as an "employee"; or

4. Civil or criminal fines or penalties imposed 

by law, liquidated damages, payroll or 

other taxes, or damages, penalties or 

types of relief deemed uninsurable under

applicable law; or

5. Future compensation, including salary or "benefits" for an "employee" who has 

been or will be hired, promoted or reinstated to employment pursuant to a settlement, court order, judgment, award or 

other resolution of a "claim"; or

6. Medical, pension, disability, life insurance, stock option or other "employee" type "benefit". K "Personal injury" means injury, other than "bodily injury", arising out of one or more of the 

following offenses:

1. False arrest, detention or imprisonment;

2. Oral or written publication of material that 

libels or slanders a past, present or prospective "employee";

3. Invasion of a past, present or prospective "employee's" right of privacy;

4. Malicious prosecution; or

5. Abuse of process. L. "Pollutants" means any solid, liquid, gaseous

or thermal irritant or contaminant including 

smoke, vapor, soot, fumes, acid, alkalis, chemicals, petroleum products and their by- products and waste. Waste includes material

to be recycled, reconditioned or reclaimed.

"Pollutants" include but are not limited to substances which are generally recognized in industry or government to be harmful or toxic to 

persons, property or the environment.

M. "Property damage" means:

1. Physical injury to tangible property, including all resulting loss of use of that property. All such loss of use shall be deemed to 

have taken place at the time of the physical injury that caused it; or

2. Loss of use of tangible property that is not 

physically injured. All such loss of use 

shall be deemed to have taken place at 

the time of the incident that caused it.

N. "Subsidiary" means any organization in which

more than 50% of the outstanding securities or 

voting rights representing the present right to 

vote for election of directors is owned or controlled, directly or indirectly, in any combination, by one or more of the insureds. O. "Wrongful act" means any error, misstatement

or misleading statement, act or omission, or 

neglect or breach of duty by an insured or any 

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person for whose acts the insured is legally liable for:

1. Wrongful discharge or termination of employment, including constructive discharge;

2. Breach of any oral, written or implied employment contract or quasi-employment 

contract except for that part of any express contract of employment or an express obligation to make payments in the 

event of the termination of employment;

3. Employment related misrepresentation;

4. Violation of any federal, state or local law

that concerns employment discrimination

or harassment including sexual harassment involving unwelcome sexual advances, requests for sexual favors or other conduct of a sexual nature, or work- place bullying or workplace harassment of

a nonsexual nature, that:

a. Are made a condition of employment;

b. Are used as a basis for employment 

decisions; or

c. Create a work environment that interferes with performance;

5. Wrongful failure to employ or promote;

6. Wrongful discipline;

7. Wrongful deprivation of a career opportunity;

8. Negligent hiring, supervision, promotion, retention, or evaluation;

9. Employment related "personal injury";

10. Wrongful failure to grant tenure;

11. Employment related wrongful infliction of 

emotional distress;

12. Violation of the Family Medical Leave Act;

13. Wrongful retaliation;

14. Wrongful denial of training, denial or deprivation of seniority or evaluation; or

15. Failure to adopt, create, provide or enforce adequate workplace or employment 

practices and procedures;

including any actual or alleged assault, battery, 

or loss of consortium, in connection with Paragraphs 1. through 15. above.

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GA 234 IL 04 16 Page 1 of 2

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

ILLINOIS CHANGES - EMPLOYMENT PRACTICES LIABILITY

COVERAGE FORM

This endorsement modifies insurance provided under the following:

EMPLOYMENT PRACTICES LIABILITY COVERAGE FORM

A. SECTION I - EMPLOYMENT PRACTICES 

LIABILITY COVERAGE, B. Exclusions, e. 

Pollutant is deleted and replaced by the following:

e. Pollutant

Where all or part of such "claim" is based

upon, arising out of, directly or indirectly

resulting from or in consequence of, or in 

any way involving:

(1) The actual, alleged, or threatened 

discharge, dispersal, seepage, migration, emission, release or escape of "pollutants" except injury arising out

of heat, smoke or fumes from a hostile fire. Hostile fire means one which 

becomes uncontrollable or breaks out

from where it was intended to be. Or,

(2) Any direction or request to test for, 

monitor, clean up, remove, contain, 

treat, detoxify, or neutralize "pollutants", including but not limited to "claims" alleging damage to an insured, provided, however, this exclusion shall not

apply to any "claim" under this Coverage

Form for retaliatory treatment of a person 

with respect to actual or threatened disclosures by such person of matters described in (1) or (2) above. B. The following items are added to SECTION I - EMPLOYMENT PRACTICES LIABILITY 

COVERAGE, C. Supplementary Payments:

3. 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.

4. 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.

C. SECTION IV - CONDITIONS, C. Other Insurance is deleted and replaced by the following:

C. Other Insurance

If the insured has insurance provided by

other companies against a loss covered 

by this policy, we shall not be liable under 

this policy for a greater proportion of such 

loss and claims expenses than the applicable limit of insurance stated in the Declarations bears to the total applicable limit 

of insurance of all valid and collectible insurance against such loss.

D. SECTION IV - CONDITIONS, K. Office of

Foreign Assets Control (OFAC) Compliance

is deleted and replaced by the following:

K. Office of Foreign Assets Control 

(OFAC) Compliance

Whenever insurance coverage provided 

by this policy would be in violation of any 

United States economic or trade sanctions, such insurance coverage will not be 

provided under this policy.

E. SECTION IV - CONDITIONS, I. Cessation of 

Subsidiaries is deleted and replaced by the

following:

I. Cessation of Subsidiaries

In the event a Named Insured ceases to 

be a "subsidiary" on or after the Retroactive Date shown in the Declarations, coverage with respect to such "subsidiary" and its insureds shall continue until termination of this Coverage Part, and subject

to any applicable Extended Reporting Period, but only with respect to "claims " for "wrongful acts" committed, attempted, or

allegedly committed or attempted on or

after the Retroactive Date shown in the

Declarations and prior to the date such

organization ceases to be a "subsidiary

F. SECTION V - EXTENDED REPORTING PERIODS, A. is deleted and replaced by the following:

A. Upon termination of this insurance for any

reason, we may provide one or more Extended Reporting Periods as described 

below. Any payments made will be applied to any outstanding premium owed

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GA 234 IL 04 16 Page 2 of 2

before being applied to premiums due for 

any extended reporting periods. G. SECTION VI - DEFINITIONS is amended as

follows:

Definition J. "Loss" is hereby deleted and replaced by the following:

J. "Loss" means "defense costs" and the total amount of monetary damages which 

the "insured" becomes legally obligated to

pay on account of any "claim" for a "wrongful act" with respect to which coverage hereunder applies, including damages, judgments, settlements, and punitive or exemplary damages or the multiplied portion of any multiplied damage 

award if insurable under the applicable 

law most favorable to the insurability of 

punitive, exemplary or multiplied damages. However, in no event will the punitive, 

exemplary damages or the multiplied portion of any multiplied damages be insurable under this contract of insurance with 

respect to a "claim" brought against an Illinois domiciled insured in an Illinois state 

court, except to the extent such damages

are insurable under Illinois law. Illinois law 

dictates that an insurer may not reimburse 

an insured for punitive damages assessed as a result of the insured's own 

misconduct.

"Loss" shall not include any amount for

which an "insured" is not financially liable,

compensation earned in the course of

employment but not paid by an "insured" or matters which are deemed uninsurable 

under the law pursuant to which this Coverage Form shall be construed.

"Loss" shall not include, (other than "defense costs"):

1. "Benefits" or the equivalent value, 

however, this provision does not apply to "loss" resulting solely from 

wrongful termination of employment; 

or

2. Amounts which arise out of, are 

based upon, or are attributable to the 

employment reinstatement of the 

claimant by an "insured" or the continued employment of the claimant; or

3. Future compensation, including salary or "benefits" for an "employee" if 

the "insured" is ordered in accordance with a judgment or other final 

adjudication, but fails to reinstate the 

claimant as an "employee"; or

4. Civil or criminal fines or penalties imposed by law, liquidated damages, payroll or other taxes, or damages, penalties or types of relief deemed 

uninsurable under applicable law; or

5. Future compensation, including salary or "benefits" for an "employee" who 

has been or will be hired, promoted 

or reinstated to employment pursuant 

to a settlement, court order, judgment, award or other resolution of a "claim"; or

6. Medical, pension, disability, life insurance, stock option or other "employ- ee" type "benefit".

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Includes copyrighted material of ISO

GA 391 07 03 Properties, Inc., with its permission.

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAR LIABILITY EXCLUSION

This endorsement modifies insurance provided under the following:

EMPLOYMENT PRACTICES LIABILITY COVERAGE PART

The following exclusion is added:

This insurance does not apply to:

War

Any "claim" or "loss", however caused, arising, directly or indirectly, out of:

1. War, including undeclared or civil war; or

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.

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THE CINCINNATI INSURANCE COMPANY

A Stock Insurance Company

LIQUOR LIABILITY COVERAGE PART DECLARATIONS

Attached to and forming part of POLICY NUMBER:

Named Insured is the same as it appears in the Common Policy Declarations

Legal Entity / Business Description

LIMITS OF INSURANCE

Each Common Cause Limit $

Aggregate Limit $

EPP 049 72 16

LIMITED LIABILITY COMPANY

1,000,000

2,000,000

CLASSIFICATION CODE NO. PREMIUM BASE RATE ADVANCE PREMIUM

CLUBS 70423 500,000 4.571 2,286

TOTAL PREMIUM $ 2,286

FORMS AND / OR ENDORSEMENTS APPLICABLE TO LIQUOR LIABILITY COVERAGE PART:

GA115 12/04 LIQUOR LIABILITY COVERAGE FORM

CG0305 01/96 DEDUCTIBLE LIABILITY INSURANCE

GA4206IL 10/01 ILLINOIS CHANGES - KNOWN INJURY OR DAMAGE

GA 539 07 08 EPP 049 72 16 Page 1 of 1

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Includes copyrighted material of Insurance

GA 115 12 04 Services Office, Inc., with its permission. Page 1 of 7

LIQUOR LIABILITY COVERAGE FORM

Various provisions in this Coverage Part restrict

this insurance. Read the entire Coverage Part

carefully to determine rights, duties and what is

and is not covered.

Throughout this Coverage Part the words "you"

and "your" refer to the Named Insured shown in

the Declarations, and any other person or organi- zation qualifying as a Named Insured under this

Coverage Part. The words "we", "us" and "our"

refer to the Company providing this insurance.

The word "insured" means any person or organi- zation 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 - LIQUOR LIABILITY COVERAGE

1. Insuring Agreement

a. We will pay those sums that the insured

becomes legally obligated to pay as

damages because of "injury" to which this

insurance applies if liability for such "injury" is imposed on the insured by reason

of the selling, serving or furnishing of any

alcoholic beverage. We will have the

right and duty to defend the insured

against any "suit" seeking those dam- ages. However, we will have no duty to

defend the insured against any "suit"

seeking damages for "injury" to which this

insurance does not apply. We may, at

our discretion, investigate any "injury"

and settle any claim or "suit" that may re- sult. But:

(1) The amount we will pay for damages

is limited as described in SECTION

III - LIMITS OF INSURANCE; and

(2) Our right and duty to defend ends

when we have used up the applica- ble limit of insurance in the payment

of judgments or settlements.

No other obligation or liability to pay sums

or perform acts or services is covered

unless expressly provided for under

SUPPLEMENTARY PAYMENTS.

b. This insurance applies to "injury" only if:

(1) The "injury" occurs during the policy

period in the "coverage territory";

and

(2) Prior to the "coverage term" in which

"injury" occurs, you did not know, per

Paragraph 1.d. below, that the "injury" had occurred or had begun to

occur, in whole or in part.

c. "Injury" which:

(1) Occurs during the "coverage term";

and

(2) Was not, prior to the "coverage

term", known by you, per Paragraph

1.d. below, to have occurred;

includes any continuation, change or re- sumption of that "injury" after the end of

the "coverage term" in which it first be- came known by you.

d. You will be deemed to know that "injury"

has occurred at the earliest time when

any "authorized representative":

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

to us or any other insurer;

(2) Receives a written or verbal demand

or claim for damages because of the

"injury";

(3) First observes, or reasonably should

have first observed, the "injury";

(4) Becomes aware, or reasonably

should have become aware, by any

means other than as described in (3)

above, that "injury" had occurred or

had begun to occur; or

(5) Becomes aware, or reasonably

should have become aware, of a

condition from which "injury" is sub- stantially certain to occur.

2. Exclusions

This insurance does not apply to:

a. Expected or Intended Injury

"Injury" which may reasonably be ex- pected to result from the intentional or

criminal acts of the insured or which is in

fact expected or intended by the insured,

even if the "injury" is of a different degree

or type than actually expected or intended. This exclusion does not apply to

"bodily injury" resulting from the use of

reasonable force to protect persons or

property.

b. Workers' Compensation and Similar

Laws

Any obligation of the insured under a

workers' compensation, disability benefits

or unemployment compensation law or

any similar law.

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c. Employer's Liability

"Bodily injury" to:

(1) An "employee" of the insured sustained in the "workplace";

(2) An "employee" of the insured arising

out of the performance of duties related to the conduct of the insured's

business; or

(3) The spouse, child, parent, brother or

sister of that "employee" as a conse- quence of Paragraphs (1) or (2)

above.

This exclusion applies:

(1) Whether the insured may be liable

as an employer or in any other ca- pacity; and

(2) To any obligation to share damages

with or repay someone else who

must pay damages because of the

"injury".

d. Liquor License Not in Effect

"Injury" arising out of any alcoholic bev- erage sold, served or furnished while any

required license is not in effect.

e. Your Product

"Injury" arising out of "your product". This

exclusion does not apply to "injury" for

which the insured or the insured's indem- nitees may be held liable by reason of:

(1) Causing or contributing to the intoxi- cation of any person;

(2) The furnishing of alcoholic bever- ages 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.

f. Other Insurance

Any "injury" with respect to which other

insurance is afforded, or would be afforded but for the exhaustion of the limits

of insurance.

This exclusion does not apply if the other

insurance responds to liability for "injury"

imposed on the insured by reason of the

selling, serving or furnishing of any alco- holic beverage.

g. War

"Injury", however caused, arising, directly

or indirectly, out of:

(1) War, including undeclared or civil

war;

(2) Warlike action by a military force, in- cluding action in hindering or defending against an actual or ex- pected 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.

SUPPLEMENTARY PAYMENTS

We will pay, with respect to any claim we investi- gate or settle, or any "suit" against an insured we

defend:

1. All expenses we incur.

2. 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.

3. All reasonable expenses incurred by the in- sured at our request to assist us in the investigation or defense of the claim or "suit", in- cluding actual loss of earnings up to $250 a

day because of time off from work.

4. All costs taxed against the insured in the

"suit".

5. Prejudgment interest awarded against the

insured on that part of the judgment we be- come obligated to pay and which falls within

the applicable limit of insurance. If we make

an offer to pay the applicable limit of insur- ance, we will not pay any prejudgment interest

based on that period of time after the offer.

6. All interest on the full amount of any judgment

that accrues after entry of the judgment and

before we have paid, offered to pay, or de- posited in court the part of the judgment that

is within the applicable limit of insurance.

7. Expenses incurred by the insured for first aid

administered to others at the time of an event

to which this insurance applies.

These payments will not reduce the limits of insur- ance.

SECTION II - WHO IS AN INSURED

1. If you are designated in the Declarations as:

a. An individual, you and your spouse are

insureds.

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.

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c. A limited liability company, you are an in- sured. Your members are also insureds,

but only with respect to the conduct of

your business. Your managers are in- sureds, 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 offi- cers" and directors are insureds, but only

with respect to their duties as your offi- cers or directors. Your stockholders are

also insureds, but only with respect to

their liability as stockholders.

2. Each of the following is also an insured:

a. Your "employees", other than either your

"executive officers" (if you are an organi- zation 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" is an insured

for:

(1) "Injury":

(a) To you, to your partners or

members (if you are a partner- ship or joint venture), to your

members (if you are a limited li- ability company), or to a co-

"employee" while that co-

"employee" is either in the

course of his or her employment

or performing duties related to

the conduct of your business;

(b) To the spouse, child, parent,

brother or sister of that co-

"employee" as a consequence

of Paragraph (1)(a) above; or

(c) For which there is any obligation

to share damages with or repay

someone else who must pay

damages because of the "injury"

described in Paragraphs (1)(a)

or (b) above.

(2) "Property damage" to property:

(a) Owned or occupied by; or

(b) Rented or loaned,

to that "employee", any of your other

"employees", by any of your partners

or members (if you are a partnership

or joint venture), or by any of your

members (if you are a limited liability

company).

b. 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 prop- erty; and

(2) Until your legal representative has

been appointed.

c. 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. Insurance 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; and

b. This insurance does not apply to "injury"

that occurred before you acquired or

formed the organization.

No person or organization is an insured with re- spect to the conduct of any current or past part- nership, 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 Aggregate Limit is the most we will pay

for all "injury" as the result of the selling,

serving or furnishing of alcoholic beverages.

3. Subject to the Aggregate Limit, the Each

Common Cause Limit is the most we will pay

for all "injury" sustained by one or more per- sons or organizations as the result of the

selling, serving or furnishing of any alcoholic

beverage to any one person.

The Limits of Insurance of this Coverage Part ap- ply separately to each "coverage term".

SECTION IV - LIQUOR LIABILITY

CONDITIONS

1. Bankruptcy

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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 Injury, Claim or Suit

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

soon as practicable of an "injury" which

may result in a claim. To the extent pos- sible, notice should include:

(1) How, when and where the "injury"

took place;

(2) The names and addresses of any

injured persons and witnesses; and

(3) The nature and location of any "injury".

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 re- ceived; 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" 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 ex- pense, 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 re- cover 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 insur- ance. An agreed settlement means a settle- ment and release of liability signed by us, the

insured and the claimant or the claimant's le- gal representative.

4. Liberalization

If, within 60 days prior to the beginning of this

Coverage Part or during the policy period, we

make any changes to any forms or endorse- ments of this Coverage Part for which there is

currently no separate premium charge, and

that change provides more coverage than this

Coverage Part, the change will automatically

apply to this Coverage Part as of the latter of:

a. The date we implemented the change in

your state; or

b. The date this Coverage Part became effective; and

will be considered as included until the end of

the current policy period. We will make no

additional premium charge for this additional

coverage during the interim.

5. Other Insurance

If other valid and collectible insurance is

available to the insured for a loss we cover

under this Coverage Part, our obligations are

limited as follows:

a. Primary Insurance

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 b. below.

b. 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 in- surance 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.

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6. 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:

(1) The earned premium is less than the

deposit premium, we will return the

excess to the first Named Insured; or

(2) The earned premium is greater than

the deposit premium, the difference

will be due and payable to us by the

first Named Insured upon notice from

us.

c. The first Named Insured must keep rec- ords of the information we need for pre- mium computation, and send us copies at

such times as we may request.

7. Representations

By accepting this Coverage Part, you agree:

a. The statements in the Declarations are

accurate and complete;

b. Those statements are based upon repre- sentations you made to us; and

c. We have issued this Coverage Part in reliance upon your representations.

8. 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 In- sured, 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.

9. 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.

10. Two or More Coverage Forms or Policies

Issued by Us

If this Coverage Part and any other Coverage

Form, Coverage Part or policy issued to you

by us or any company affiliated with us apply

to the same "injury", the aggregate maximum

limit of insurance under all the Coverage

Forms, Coverage Parts or policies shall not

exceed the highest applicable limit of insur- ance under any one Coverage Form, Cover- age Part or policy. This condition does not

apply to any Coverage Form, Coverage Part

or policy issued by us or an affiliated company

specifically to apply as excess insurance over

this Coverage Part.

11. When We Do Not Renew

If we decide not to renew this Coverage Part,

we will mail or deliver to the first Named In- sured 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. "Authorized representative" means:

a. If you are designated in the Declarations

as:

(1) An individual, you and your spouse

are "authorized representatives".

(2) A partnership or joint venture, your

members, your partners, and their

spouses are "authorized representatives".

(3) A limited liability company, your

members and your managers are

"authorized representatives".

(4) An organization other than a part- nership, joint venture or limited liability company, your "executive offi- cers" and directors are "authorized

representatives". Provided you are

not a publicly traded organization,

your stockholders are also "authorized representatives".

b. Your "employees":

(1) Assigned to manage your insurance

program; or

(2) Responsible for giving or receiving

notice of an "injury", claim or "suit";

are also "authorized representatives".

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

disease sustained by a person, including

death resulting from any of these at any time.

3. "Coverage term" means the following individ- ual increment, or if a multi-year policy period,

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increments, of time, which comprise the policy

period of this Coverage Part:

a. The year commencing on the Effective

Date of this Coverage Part at 12:01 AM

standard time at your mailing address

shown in the Declarations, and if a multiyear policy period, each consecutive an- nual period thereafter, or portion thereof if

any period is for a period of less than 12

months, constitute individual "coverage

terms". The last "coverage term" ends at

12:00 AM standard time at your mailing

address shown in the Declarations on the

earlier of:

(1) The day the policy period shown in

the Declarations ends; or

(2) The day the policy to which this Cov- erage Part is attached is terminated

or cancelled.

b. However, if after the issuance of this

Coverage Part, any "coverage term" is

extended for an additional period of less

than 12 months, that additional period of

time will be deemed to be part of the last

preceding "coverage term".

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" occurs in the course of

travel or transportation between any

places included in a. above; or

c. All other parts of the world if the "injury"

arises out of:

(1) Goods or products made or sold by

you in the territory described in a.

above; or

(2) The activities of a person whose

home is in the territory described in

a. above, but is away for a short time

on your business provided the in- sured's responsibility to pay dam- ages is determined in a "suit" on the

merits, in the territory described in a.

above or in a settlement to which we

agree.

5. "Employee" includes a "leased worker". "Em- ployee" 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. "Injury" means all damages, including dam- ages because of "bodily injury" and "property

damage", and including damages for care,

loss of services or loss of support. "Injury"

does not include civil or criminal fines or pen- alties imposed by law.

8. "Leased worker" means a person leased to

you by a labor leasing firm under an agree- ment between you and the labor leasing firm,

to perform duties related to the conduct of

your business. "Leased worker" includes su- pervisors furnished to you by the labor leasing

firm. "Leased worker" does not include a

"temporary worker".

9. "Property damage" means:

a. Physical injury to tangible property, in- cluding all resulting loss of use of that

property. All such loss of use shall be

deemed to occur at the time of the physi- cal 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.

10. "Suit" means a civil proceeding in which

money damages because of "injury" to which

this insurance applies are alleged. "Suit" in- cludes:

a. An arbitration proceeding in which such

damages are claimed and to which the

insured must submit or does submit with

our consent;

b. Any other alternative dispute resolution

proceeding in which such damages are

claimed and to which the insured submits

with our consent; or

c. An appeal of a civil proceeding.

11. "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.

12. "Workplace" means that place and during

such hours to which the "employee" sustaining "bodily injury" was assigned by you, or

any other person or entity acting on your be- half, to work on the date of "injury".

13. "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

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(c) A person or organization whose

business or assets you have

acquired; and

(2) Containers (other than vehicles),

materials, parts or equipment fur- nished in connection with such

goods or products.

b. Includes:

(1) Warranties or representations made

at any time with respect to the fit- ness, 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.

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CG 03 05 01 96 Copyright, Insurance Office, Inc., 1994

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

DEDUCTIBLE LIABILITY INSURANCE

This endorsement modifies insurance provided under the following:

LIQUOR LIABILITY COVERAGE PART

SCHEDULE

Location

Coverage Amount and Basis of Deductible

PER CLAIM or PER COMMON CAUSE

Liquor Liability $ $

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

APPLICATION OF ENDORSEMENT (Enter below any limitations on the application of this endorsement. If

no limitation is entered, the deductibles apply to damages for "injury", however caused):

A. Our obligation under the Liquor Liability Coverage to pay damages on your behalf applies

only to the amount of damages in excess of

any deductible amount stated in the Schedule

above.

B. You may select a deductible amount on either

a per claim or a per common cause basis.

Your selected deductible applies to the Liquor

Liability Coverage and to the basis of the deductible indicated by the placement of the deductible amount in the Schedule above. The

deductible amount stated in the Schedule

above applies as follows:

1. PER CLAIM BASIS. If the deductible

amount indicated in the Schedule above

is on a per claim basis, that deductible

applies under Liquor Liability Coverage,

to all "injuries" sustained by any one person or organization.

2. PER COMMON CAUSE BASIS. If the

deductible amount indicated in the

Schedule above is on a per common

cause basis, that deductible amount applies under Liquor Liability Coverage to

all damages because of "injury" as the

result of the selling, serving or furnishing

of any alcoholic beverage to any one

person, regardless of the number of persons or organizations who sustain damages.

C. The terms of this insurance, including those

with respect to:

1. Our right and duty to defend the insured

against any "suit" seeking those damages; and

2. Your duties in the event of an "injury",

claim or "suit"

apply irrespective of the application of the deductible amount.

D. We may pay any part or all of the deductible

amount to effect settlement of any claims or

"suit" and, upon notification of the action

taken, you shall promptly reimburse us for

such part of the deductible amount as has

been paid by us.

5,000

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Includes copyrighted material of Insurance

GA 4206 IL 10 01 Services Office, Inc., with its permission.

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

ILLINOIS CHANGES - KNOWN INJURY OR DAMAGE

This endorsement modifies insurance provided under the following:

LIQUOR LIABILITY COVERAGE PART

Paragraph d. of SECTION I - LIQUOR LIABILITY

COVERAGE, 1. Insuring Agreement in the is deleted in its entirety and replaced by the following:

d. You will be deemed to know that "injury"

has occurred at the earliest time when

any "authorized representative":

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

to us or any other insurer;

(2) Receives a written or verbal demand

or claim for damages because of the

"injury";

(3) First observes the "injury";

(4) Becomes aware by any means other

than as described in (3) above, that

"injury" had occurred or had begun

to occur; or

(5) Becomes aware of a condition from

which "injury" was substantially certain to occur.

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Per Occurrence/

Amount

$25,000 $500

Insuring Agreements Forming Part of This Coverage Part Insurance

5. Money Orders And Counterfeit Money

Limit of Deductible

$500

Named Insured is the same as it appears in the Common Policy Declarations

4. Outside the Premises - Theft of Money and Securities $5,000

MBER:

$500

Attached to and forming part of POLICY NU

COVERAGE PART DECLARATIONS

$25,000

 (EXPANDED COVERAGE PLUS) ®

3. Inside the Premises - Theft of Money and Securities

CRIME XC+

$500

® CinciPlus

$25,000

A Stock Insurance Company

CINCINNATI INSURANCE COMPANY

2. Forgery or Alteration

THE

1. Employee Theft $25,000 $500

Per Occurrence

Coverage Term

EPP 049 72 16

Forms and endorsements applicable to this Coverage Part at policy inception:

CA102 08/07 CRIME EXPANDED COVERAGE (XC®) COVERAGE FORM (DISCOVERY FORM)

Coverage Expanded Coverage (XC®) Coverage Form.

The Crime XC+® (Expanded Coverage Plus) Coverage Part consists of this Declaration form and the Crime

CA 519 XCP 03 09 Page of EPP 049 72 16 1 1

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CRIME EXPANDED COVERAGE (XC®) COVERAGE FORM

(DISCOVERY FORM)

Various provisions in this Coverage Part restrict

coverage. Read the entire Coverage Part carefully

to determine rights, duties and what is or is not

covered.

Throughout this Coverage Part 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 In- suring Agreements for which a Limit of Insur- ance is shown in the Declarations and applies

to loss that you sustain resulting directly from

an "occurrence" taking place at any time

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 Agree- ment, "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 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 is in addition to the Limit

of Insurance applicable to this In- suring Agreement.

3. Inside The Premises - Theft of Money

and Securities

a. We will pay for loss of "money" and

"securities" inside the "premises" or

"banking premises":

(1) Resulting directly from "theft"

committed by a person present

inside such "premises" or

"banking premises"; or

(2) Resulting directly from disap- pearance or destruction.

b. We will pay for loss from damage to

the "premises" or its exterior resulting directly from an actual or attempted "theft" of "money" and "se- curities", if you are the owner of the

"premises" or are liable for damage

to it.

c. We will pay for loss of or damage to

a locked safe, vault, cash register,

cash box or cash drawer located in- side the "premises" resulting directly

from an actual or attempted "theft" of

or unlawful entry into those contain- ers.

4. Outside the Premises - Theft of Money

and Securities

We will pay for loss of "money" and "se- curities" outside the "premises" in the

care and custody of a "messenger" or an

armored motor vehicle company resulting

directly from "theft", disappearance or

destruction.

5. Money Orders and Counterfeit Money

We will pay for loss resulting directly from

your having accepted in good faith, in ex- change for merchandise, "money" or

services:

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a. Money orders issued by any post office, express company or bank that

are not paid upon presentation; or

b. "Counterfeit money" that is acquired

during the regular course of busi- ness.

B. Limit of Insurance

1. The most we will pay for all loss resulting

directly from an "occurrence" is the appli- cable Limit of Insurance shown in the

Declarations.

2. 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.

3. The Limits of Insurance stated in the

Declarations are the most we will pay for

all loss under any one Insuring Agree- ment or Coverage in any one "coverage

term", regardless of the number of "oc- currences".

The Limits of Insurance of this Coverage Part

apply separately to each "coverage term".

C. Deductible

1. 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 In- surance.

2. In the event this insurance applies on an

excess basis per Paragraph (2)(c) in

Condition E.1.k. Other Insurance, then

only the single highest deductible will ap- ply to the loss.

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 "mem- bers";

whether acting alone or in collusion

with other persons.

b. Acts of Employees Learned of by

You Prior to the Policy Period

Loss caused by an "employee" if the

"employee" had also committed

"theft" or any other dishonest act

prior to the effective date of this in- surance and you or any of your part- ners, "members", "managers", offi- cers, directors or trustees, not in

collusion with the "employee",

learned of that "theft" or dishonest

act prior to the Policy Period shown

in the Declarations.

c. Acts of Employees, Managers, Di- rectors, Trustees or Representatives

Loss resulting from "theft" or any

other dishonest act committed by

any of your "employees", "manag- ers", directors, trustees or authorized

representatives:

(1) Whether acting alone or in collu- sion with other persons; or

(2) While performing services for

you or otherwise;

except when covered under Insuring

Agreement A.1.

d. Confidential Information

Loss resulting from:

(1) The unauthorized disclosure of

your confidential information in- cluding, but not limited to, pat- ents, trade secrets, processing

methods or customer lists; or

(2) The unauthorized use or disclo- sure of confidential information

of another person or entity

which is held by you including,

but not limited to, financial information, personal information,

credit card information or similar

non-public information.

e. Governmental Action

Loss resulting from seizure or de- struction of property by order of gov- ernmental authority.

f. Indirect Loss

Loss that is an indirect result of an

"occurrence" covered by this insur- ance 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

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damage to "money", "securities"

or "other property".

(2) Payment of damages of any

type for which you are legally li- able. But, we will pay compen- satory damages arising directly

from a loss covered under this

insurance.

(3) Payment of costs, fees or other

expenses you incur in establishing either the existence or

the amount of loss under this in- surance.

g. 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.

h. Nuclear Hazard

Loss or damage resulting from nu- clear reaction or radiation or radioactive contamination, however caused.

i. Pollutants

Loss or damage caused by or re- sulting from pollutants. Pollutants

mean any solid, liquid, gaseous or

thermal irritant or contaminant, in- cluding smoke, vapor, soot, fumes,

acids, alkalis, chemicals, petroleum

and petroleum by-products, and

waste. Waste includes materials to

be recycled, reconditioned or re- claimed. Pollutants include but are

not limited to substances which are

generally recognized in industry or

government to be harmful or toxic to

persons, property, or the environ- ment regardless of whether injury or

damage is caused directly or indirectly by the "pollutants" and

whether:

(1) You are regularly or otherwise

engaged in activities which taint

or degrade the environment; or

(2) You use, generate or produce

the pollutant.

j. War and Military Action

Loss or damage resulting from:

(1) War, including undeclared or

civil war;

(2) Warlike action by a military

force, including action in hin- dering 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.

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 re- ceipt or any papers connected with

it.

3. Insuring Agreements A.3. and A.4. 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 ex- change 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.

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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

"banking premises":

(a) On the basis of unauthorized instructions;

(b) As a result of a threat to do

bodily harm to any person;

(c) As a result of a threat to do

damage to any property;

(d) As a result of a threat to introduce a denial of service

attack into your computer

system;

(e) As a result of a threat to introduce a virus or other malicious instruction into your

computer system which is

designed to damage, de- stroy or corrupt data or

computer programs stored

within your computer system;

(f) As a result of a threat to

contaminate, pollute or ren- der substandard your prod- ucts or goods; or

(g) As a result of a threat to

disseminate, divulge or utilize:

(i) Your confidential infor- mation; or

(ii) Weaknesses in the

source code within

your computer system.

(2) But, this Exclusion does not ap- ply under Insuring Agreement

A.5. to loss of "money", "securities" or "other property" while

outside the "premises" in the

care and custody of a "messen- ger" if you:

(a) Had no knowledge of any

threat at the time the con- veyance 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

acting on your express or implied

authority, being induced by any dis- honest act to voluntarily part with title

to or possession of any property.

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 in- crease in the number of "premises"

or "employees" need not be given

and no additional premium need be

paid 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 in- surance 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 insurance;

(2) The property covered under this

insurance;

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(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 li- abilities of, another entity:

(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 pur- chased or acquired assets or li- abilities. 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 ac- quisition of assets or liabilities,

the coverage provided by this

insurance shall apply to such

consolidated or merged entity or

such purchased or acquired as- sets or liabilities, provided that

all "occurrences" causing or

contributing to a loss involving

such consolidation, merger or

purchase or acquisition of as- sets or liabilities, must take

place after the effective date of

such consolidation, merger or

purchase or acquisition of as- sets or liabilities.

d. Cooperation

You must cooperate with us in all

matters pertaining to this insurance

as stated in its 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 cov- ered under Insuring Agreement

A.1. or A.2.) involves a violation

of law, you must also notify the

local law enforcement authorities.

(2) Submit to examination under

oath at our request and give us

a signed statement of your an- swers.

(3) Produce for our examination all

pertinent records.

(4) Give us a detailed, sworn proof

of loss within 120 days.

(5) Cooperate with us in the investi- gation and settlement of any

claim.

f. Employee Benefit Plans

(1) The "employee benefit plans"

(hereafter referred to as Plan)

are included as Insureds under

Insuring Agreement A.1.

(2) If any Plan is insured jointly with

any other entity under this in- surance, you or the Plan Ad- ministrator must select a Limit of

Insurance for Insuring Agree- ment A.1. that is sufficient to

provide a Limit of Insurance for

each Plan that is at least equal

to that required if each Plan

were separately insured.

(3) With respect to loss sustained or

"discovered" by any such Plan,

Insuring Agreement A.1. is re- placed by the following:

We will pay for loss of or dam- age to "funds" and "other prop- erty" resulting directly from

fraudulent or dishonest acts

committed by an "employee",

whether identified or not, acting

alone or in collusion with other

persons.

(4) 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.

(5) If two or more Plans are insured

under this insurance, any pay- ment we make for loss:

(a) Sustained by two or more

Plans; or

(b) Of commingled "funds" 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

for each Plan bears to the

total Limit of Insurance of all

Plans sustaining loss.

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(6) The Deductible Amount applica- ble 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:

(1) No later than 60 days from the

date of that cancellation. How- ever, this extended period to

"discover" loss terminates im- mediately 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 insur- ance provides coverage for loss

sustained prior to its effective

date.

(2) No later than 1 year from the

date of that cancellation with re- gard to any "employee benefit

plans".

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 insur- ance. If the first Named Insured

ceases to be covered, then the

next Named Insured will be- come the first Named Insured.

(2) If any Insured, or partner,

"member" or officer of that In- sured has knowledge of any information relevant to this insur- ance, that knowledge is consid- ered knowledge of every In- sured.

(3) An "employee" of any Insured is

considered to be an "employee"

of every Insured.

(4) If this insurance or any of its

coverages is cancelled as to

any Insured, loss sustained by

that Insured is covered only if it

is "discovered" by you:

(a) No later than 60 days from

the date of that cancellation.

However, this extended period to "discover" loss ter- minates immediately upon

the effective date of any

other insurance obtained by

that Insured, whether from

us or another insurer, re- placing in whole or in part

the coverage afforded un- der this insurance, whether

or not such other insurance

provides coverage for loss

sustained prior to its effective date.

(b) No later than 1 year from

the date of that cancellation

with regard to any "em- ployee benefit plans".

(5) We will not pay more for loss

sustained by more than one In- sured 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, other

than an "employee benefit 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 2 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, within 60 days prior to the begin- ning of this Coverage Part or during

the policy period, we make any

changes to any forms or endorse- ments of this Coverage Part for

which there is currently no separate

premium charge, and that change

provides more coverage than this

Coverage Part, the change will

automatically apply to this Coverage

Part as of the latter of:

a. The date we implemented the

change in your state; or

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b. The date this Coverage Part be- came effective; and

will be considered as included until

the end of the current policy period.

We will make no additional premium

charge for this additional coverage

during the interim.

k. Other Insurance

If other valid and collectible insur- ance is available to you for loss cov- ered under this insurance, our obli- gations 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 in- surance, issued by an in- surer other than us or an

insurer affiliated with us, we

will pay our share of the

covered loss. Our share is

the proportion that the ap- plicable Limit of Insurance

shown in the Declarations

bears to the total limit of all

insurance covering the

same loss.

(b) You have other insurance,

issued by an insurer other

than us or an insurer affili- ated with us, covering the

same loss other than that

described in Paragraph

(1)(a), we will only pay for

the amount of loss that ex- ceeds:

(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 pay- ment for loss is subject to the

terms and conditions of this in- surance.

(2) Excess Insurance

(a) When this insurance is

written excess over other

insurance issued by an in- surer other than us or an

insurer affiliated with us, we

will only pay for the amount

of loss that exceeds the

Limit of Insurance and De- ductible 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 is- sued by an insurer other

than us or an insurer affili- ated with us, plus any De- ductible Amount applicable

to that other insurance.

(c) This insurance is excess of,

and applies in addition to,

any similar or identical in- surance coverage provided

by any other Coverage Part

forming a part of the policy

of insurance of which this

Coverage Part forms a

component. However, this

insurance will not apply to

that part of a loss falling

within any deductible

amount.

Paragraph (c) above su- persedes any competing

Other Insurance Condition

contained in any other Cov- erage Part issued by us.

l. Ownership of Property; Interests

Covered

The property covered under this in- surance is limited to property:

(1) That you own or lease; or

(2) That you hold for others whether

or not you are legally liable for

the loss of such property.

However, this insurance is for your

benefit only. It provides no rights or

benefits to any other person or or- ganization. Any claim for loss that is

covered under this insurance must

be presented by you.

m. Policy Bridge - Discovery Replacing Loss Sustained

(1) If this insurance replaces insur- ance that provided you with an

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extended period of time after

cancellation in which to discover

loss and which did not terminate

at the time this insurance be- came effective:

(a) We will not pay for any loss

that occurred during the

Policy Period of that prior

insurance which is "discov- ered" by you during the

extended period to "dis- cover" loss, unless the

amount of loss exceeds the

Limit of Insurance and De- ductible Amount of that prior

insurance. In that case, we

will pay for the excess loss

subject to the terms and

conditions of this policy.

(b) However, any payment we

make for the excess loss

will not be greater than the

difference between the Limit

of Insurance and Deductible

Amount of that prior insur- ance and the Limit of Insur- ance shown in the Declarations. We will not apply the

Deductible Amount shown

in the Declarations to this

excess loss.

(2) The Other Insurance Condition

E.1.k. does not apply to this

Condition.

n. Records

You must keep records of all prop- erty covered under this insurance so

we can verify the amount of any loss.

o. Recoveries

(1) Any recoveries, whether effected before or after any pay- ment under this insurance,

whether made by us or you,

shall be applied net of the ex- pense of such recovery:

(a) First, to you in satisfaction

of your covered loss in ex- cess of the amount paid

under this insurance;

(b) Second, to us in satisfaction

of amounts paid in settle- ment 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 un- der this insurance.

(2) Recoveries do not include any

recovery:

(a) From insurance, suretyship,

reinsurance, security or in- demnity taken for our benefit; or

(b) Of original "securities" after

duplicates of them have

been issued.

p. 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.

q. Transfer of Your Rights of Recov- ery 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.

r. Valuation - Settlement

(1) The value of any loss for pur- poses of coverage under this

policy shall be determined as

follows:

(a) 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:

(i) At face value in the

"money" issued by that

country; or

(ii) 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 "dis- covered".

(b) Loss of "securities" but only

up to and including their

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ness on the day the loss

was "discovered". We may,

at our option:

(i) Pay the market value of

such "securities" or re- place them in kind, in

which event you must

assign to us all your

rights, title and interest

in and to those "securities"; or

(ii) Pay the cost of any

Lost Securities Bond

required in connection

with issuing duplicates

of the "securities".

However, we will be li- able only for the pay- ment 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 busi- ness on the day

the loss was "dis- covered"; or

ii. The Limit of Insur- ance applicable to

the "securities".

(c) Loss of or damage to "other

property" or loss from dam- age 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:

(i) The cost to replace the

lost or damaged prop- erty with property of

comparable material

and quality and used

for the same purpose;

(ii) The amount you actu- ally spend that is nec- essary to repair or re- place the lost or dam- aged property; or

(iii) The Limit of Insurance

applicable to the lost or

damaged property.

With regard to Paragraphs

r.(1)(c)(i) through

r.(1)(c)(iii), we will not pay

on a replacement cost basis

for any loss or damage:

i. Until the lost or

damaged property

is actually repaired

or replaced; and

ii. Unless the repairs

or replacement

are 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.

(2) We will, at your option, settle

loss or damage to property other

than "money":

(a) In the "money" of the country in which the loss or

damage occurred; or

(b) In the United States of

America dollar equivalent of

the "money" of the country

in which the loss or damage

occurred determined by the

rate of exchange published

in The Wall Street Journal

on the day the loss was

"discovered".

(3) 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 dis- honest act committed by the

"employee" whether before or

after becoming employed by

you.

(2) On the date specified in a notice

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sured. 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 the Territory

Condition E.1.p. 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 pro- duced 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.

d. Territory

We will cover loss that you sustain

resulting directly from an "occurrence" taking place anywhere in the

world. Territory Condition E.1.p. does

not apply to Insuring Agreement A.2.

4. Conditions Applicable to Insuring

Agreement A.4.

a. Armored Motor Vehicle Compa- nies

Under Insuring Agreement A.4., we

will only pay for the amount of loss

you cannot recover:

(1) Under your contract with the ar- mored motor vehicle company;

and

(2) From any insurance or indem- nity 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 the lesser of

$5,000 or the Limit of insurance 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 rec- ords of any kind, or the cost of

reconstructing them or repro- ducing any information contained in them.

F. Definitions

1. "Banking premises" means the interior of

that portion of any building occupied by a

banking institution or similar safe de- pository.

2. "Counterfeit money" means an imitation

of "money" that is intended to deceive

and to be taken as genuine.

3. "Coverage term" means the following in- dividual increment, or if a multi-year policy period, increments, of time, which

comprise the policy period of this Cover- age Part:

a. The year commencing on the Effective Date of this Coverage Part at

12:01 AM standard time at your

mailing address shown in the Declarations, and if a multi-year policy period, each consecutive annual period

thereafter, or portion thereof if any

period is for a period of less than 12

months, constitute individual "cover- age terms". The last "coverage term"

ends at 12:00 AM standard time at

your mailing address shown in the

Declarations on the earlier of:

(1) The day the policy period shown

in the Declarations ends; or

(2) The day the policy to which this

Coverage Part is attached is

terminated or cancelled.

b. However, if after the issuance of this

Coverage Part, any "coverage term"

is extended for an additional period

of less than 12 months, that additional period of time will be deemed

to be part of the last preceding "cov- erage term".

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4. "Custodian" means you, or any of your

partners or "members", or any "em- ployee" while having care and custody of

property inside the "premises", excluding

any person while acting as a "watchper- son" 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. "Employee":

a. "Employee" means:

(1) Any natural person:

(a) While in your service and

for the first 30 days imme- diately after termination of

service, unless such termi- nation is due to "theft" or

any other dishonest act

committed by the "em- ployee";

(b) Who you compensate directly by salary, wages or

commissions; and

(c) Who you have the right to

direct and control while

performing services for you;

(2) Any natural person who is fur- nished temporarily to you:

(a) To substitute for a perma- nent "employee" as defined

in Paragraph a.(1), who is

on leave; or

(b) To meet seasonal or shortterm work load conditions;

while that person is subject to

your direction and control and

performing services for you, ex- cluding, however, any such per- son while having care and custody of property outside the

"premises";

(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 a.(2);

(4) Any natural person who is:

(a) A trustee, officer, employee,

administrator or manager,

except an administrator or

manager who is an inde- pendent contractor, of any

"employee benefit plan";

and

(b) A director or trustee of

yours while that person is

engaged in handling

"funds" or "other property"

of any "employee benefit

plan";

(5) Any natural person who is a

former "employee", partner,

"member", "manager", director

or trustee retained as a consult- ant while performing services for

you;

(6) Any natural person who is a

guest student or intern pursuing

studies or duties, excluding,

however, any such person while

having care and custody of

property outside the "premises";

(7) Any "employee" of an entity

merged or consolidated with you

prior to the effective date of this

insurance; or

(8) Any of your "managers", directors or trustees 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. "Employee" does not mean any

agent, broker, factor, commission

merchant, consignee, independent

contractor or representative of the

same general character not specified

in Paragraph 6.a.

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7. "Employee benefit plan" means any welfare or pension benefit plan that you

sponsor and which is subject to the Em- ployee Retirement Income Security Act of

1974 (ERISA) and any amendments

thereto.

8. "Forgery" means the signing of the name

of another person or organization with

intent to deceive; it does not mean a sig- nature which consists in whole or in part

of one's own name signed with or without

authority, in any capacity, for any pur- pose.

9. "Funds" means "money" and "securities".

10. "Manager" means a person serving in a

directorial capacity for a limited liability

company.

11. "Member" means an owner of a limited li- ability company represented by its mem- bership interest, who also may serve as a

"manager".

12. "Messenger" means you, or a relative of

yours, or any of your partners or "mem- bers", or any "employee" while having

care and custody of property outside the

"premises".

13. "Money" means:

a. Currency, coins and bank notes in

current use and having a face value;

and

b. Travelers checks, register checks

and money orders held for sale to

the public.

14. "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;

committed by an "employee" acting

alone or in collusion with other per- sons, during the Policy Period shown

in the Declarations, before such Policy Period or both.

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, in- volving one or more instruments,

during the Policy Period shown in the

Declarations, before such Policy Period or both.

c. Under All Other Insuring Agree- ments:

(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, before such Policy Period

or both.

15. "Other property" means any tangible

property other than "money" and "securities" that has intrinsic value. "Other prop- erty" does not include computer pro- grams, electronic data or any property

specifically excluded under this insur- ance.

16. "Premises" means the interior of that portion of any building you occupy in con- ducting your business.

17. "Securities" means negotiable and non- negotiable 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".

18. "Theft" means the unlawful taking of

property to the deprivation of the Insured.

19. "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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THE CINCINNATI INSURANCE COMPANY

CINCINNATI, OHIO

BUSINESS AUTO COVERAGE PART DECLARATIONS

ITEM ONE

Attached to and forming part of POLICY NUMBER:

Named Insured is the same as it appears in the Common Policy Declarations.

ITEM TWO SCHEDULE OF COVERAGES AND COVERED AUTOS

This coverage part provides only those coverages where a premium or "incl" is shown in the premium column below. 

The limit of Insurance for each coverage listed is subject to all applicable policy provisions. Each of these coverages 

will apply only to those "autos" shown as covered "autos". "Autos" are shown as covered "autos" for a particular

coverage by the entry of one or more of the symbols from the COVERED AUTO Section of the Business Auto

Coverage Form next to the name of the coverage.

COVERAGES

COVERED AUTOS

(Entry of one or more 

of the symbols from the

COVERED AUTOS 

Section of the Business

Auto Coverage Form

shows which autos are

covered autos)

LIMIT

THE MOST WE WILL PAY FOR ANY ONE

ACCIDENT OR LOSS

 PREMIUM

LIABILITY $

PERSONAL INJURYPROTECTION

(or equivalent No-fault coverage)

Separately stated in each P.I.P.

endorsement minus $ Ded. ADDED PERSONAL INJURY

PROTECTION (or equivalent

added No-fault coverage)

Separately stated in each added P.I.P.

endorsement

PROPERTY PROTECTION

INSURANCE (Michigan only)

Separately stated in each P. P.I.

endorsement minus $ Ded

for each accident

AUTO. MEDICAL PAYMENTS

$

UNINSURED MOTORISTS

$

UNDERINSURED MOTORISTS

(When not included in

Uninsured Motorists Coverage)

$

PHYSICAL DAMAGE

COMPREHENSIVE COVERAGE

Actual cash value or cost of repair, Whichever is less minus $

Ded. For each covered auto. But no

Deductible applies to loss caused by

Fire or lightning. See Item Three for hired or

borrowed "autos"

PHYSICAL DAMAGE SPECIFIED

CAUSES OF LOSS COVERAGE

Actual cash value or cost of repair, Whichever is less minus $ Ded. For

Each covered auto. For loss caused by mischief 

or vandalism. See Item Three for hired or

borrowed "autos"

PHYSICAL DAMAGE

COLLISION COVERAGE

Actual cash value or cost of repair, Whichever is less minus $

Ded for each covered auto. See Item

Three for hired or borrowed "autos". PHYSICAL DAMAGEINSURANCE

TOWING AND LABOR $ for each disablement of a

private passenger auto

PREMIUM FOR ENDORSEMENTS

*ESTIMATED TOTAL PREMIUM

EBA 049 72 16

8, 9 1,000,000 INCL

8, 9

1,000,000 INCL

8, 9

SEE AA4183 INCL

 INCL

FORMS AND ENDORSEMENTS CONTAINED IN THIS COVERAGE PART AT ITS INCEPTION:

AA4183 02/06 AUTOMOBILE SCHEDULE

AA101 03/06 BUSINESS AUTO COVERAGE FORM

AA2009 01/17 CHANGES - TOWING AND LABOR

AA296 07/12 CHANGES - AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT COVERAGE

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FORMS AND ENDORSEMENTS CONTAINED IN THIS COVERAGE PART AT ITS INCEPTION:

AA4044IL 01/15 ILLINOIS UNINSURED MOTORISTS COVERAGE

AA4045IL 11/08 ILLINOIS UNDERINSURED MOTORISTS COVERAGE

AA4136IL 01/15 ILLINOIS CHANGES

UNINSURED/UNDERINSURED MOTORISTS PROTECTION OPTION SELECTION FORM 

- ILLINOIS

AA4168IL 01/15

AA4263IL 04/10 OFFICE OF FOREIGN ASSETS CONTROL (OFAC) COMPLIANCE ENDORSEMENT

CA0270 08/94 ILLINOIS CHANGES - CANCELLATION AND NONRENEWAL

* This policy may be subject to final audit

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QUICK REFERENCE

COMMERCIAL AUTO COVERAGE PART

BUSINESS AUTO COVERAGE FORM

READ YOUR POLICY CAREFULLY

DECLARATIONS PAGES

Named Insured and Mailing Address

Policy Period

Description of Business

Coverages and Limits of Insurance

SECTION I - COVERED AUTOS Beginning on Page

Description of Covered Auto Designation Symbols.............................................................................1

Owned Autos You Acquire After the Policy Begins .............................................................................1

Certain Trailers, Mobile Equipment and

Temporary Substitute Autos............................................................................................................... 2

SECTION II- LIABILITY COVERAGE

Coverage............................................................................................................................................ 2

Who is an Insured .............................................................................................................................. 2

Coverage Extensions

Supplementary Payments........................................................................................................... 2

Out of State................................................................................................................................. 3

Exclusions.......................................................................................................................................... 3

Limit of Insurance............................................................................................................................... 5

SECTION III - PHYSICAL DAMAGE COVERAGE

Coverage............................................................................................................................................ 7

Exclusions.......................................................................................................................................... 7

Limit of Insurance............................................................................................................................... 8

Deductible............................................................................................................................................8

SECTION IV - BUSINESS AUTO CONDITIONS

Loss Conditions

Appraisal for Physical Damage Loss .......................................................................................... 9

Duties in the Event of Accident, Claim, Suit or Loss................................................................... 9

Legal Action Against Us..............................................................................................................9

Loss Payment - Physical Damage Coverages............................................................................ 9

Transfer of Rights of Recovery Against Others to Us............................................................... 10

General Conditions

Bankruptcy................................................................................................................................ 10

Concealment, Misrepresentation or Fraud................................................................................ 10

Liberalization ............................................................................................................................. 10

No Benefit to Bailee - Physical Damage Coverages................................................................. 10

Other Insurance ........................................................................................................................ 10

Premium Audit........................................................................................................................... 10

Policy Period, Coverage Territory ............................................................................................. 10

Two or More Coverage Forms or Policies Issued by Us........................................................... 11

SECTION V - DEFINITIONS ................................................................................................................... 11

COMMON POLICY CONDITIONS

Cancellation

Changes

Examination of Your Books and Records

Inspections and Surveys

Premiums

Transfer of Your Rights and Duties under this Policy

ENDORSEMENTS (If Any)

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AUTOMOBILE SCHEDULE

ITEM

Attached to and forming a part of Policy Number , effective

The insurance afforded for any automobile is only with respects to such and so many of the coverages as are

indicated by specific premium charge or charges indicated.

POLICY LIMITS

State: 

Bodily Injury: Property Damage:

THREE

EBA 049 72 16 07-20-2019

IL

1,000,000 CSL INCLUDED

UM/UIM: 1,000,000

Veh.

No. Vehicle Information

Class: Territory

Coll Ded:

BI PD MP OTC COLL UM

HIRED AND NON-OWNED

OTC-COMP DED: N/A N/A

78 INCL N/A 31

TOTAL

109

SYMBOLS:

BI -- Bodily Injury SPEC -- Specified Perils

PD -- Property Damage COLL -- Collision

MP -- Medical Payments UM -- Uninsured Motorists

OTC -- Other Than Collision (ACV Coverage applies UIM -- Underinsured Motorists

unless Stated Amount Value is indicated) PIP -- Personal Injury Protection

CAC -- Combined Additional Coverage T&L -- Towing and Labor Costs

FT&S -- Fire, Theft, and Supplemental RR -- Rental Reimbursement

AA 4183 02 06 Page 1 of 1

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BUSINESS AUTO 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 V - DEFINITIONS. SECTION I - COVERED AUTOS

ITEM TWO of the Declarations shows the "autos"

that are covered "autos" for each of your cover- ages. The following numerical symbols describe

the "autos" that may be covered "autos". The

symbols entered next to a coverage on the Declarations designate the only "autos" that are covered

"autos".

A. Description of Covered Auto Designation

Symbols

SYMBOL DESCRIPTION

1 = ANY "AUTO".

2 = OWNED "AUTOS" ONLY. Only those

"autos" you own (and for Liability Cover- age any "trailers" you don't own while attached to power units you own). This in- cludes those "autos" you acquire owner- ship of after the policy begins.

3 = OWNED PRIVATE PASSENGER

"AUTOS" ONLY. Only the private pas- senger "autos" you own. This includes

those private passenger "autos" you ac- quire ownership of after the policy begins.

4 = OWNED "AUTOS" OTHER THAN PRI- VATE PASSENGER "AUTOS" ONLY.

Only those "autos" you own that are not

of the private passenger type (and for Li- ability Coverage any "trailers" you don't

own while attached to power units you

own). This includes those "autos" not of

the private passenger type you acquire

ownership of after the policy begins.

5 = OWNED "AUTOS" SUBJECT TO NOFAULT. Only those "autos" you own that

are required to have No-Fault benefits in

the state where they are licensed or prin- cipally garaged. This includes those

"autos" you acquire ownership of after

the policy begins provided they are re- quired to have No-Fault benefits in the

state where they are licensed or princi- pally garaged.

6 = OWNED "AUTOS" SUBJECT TO A

COMPULSORY UNINSURED MOTORISTS LAW. Only those "autos" you own

that because of the law in the state where

they are licensed or principally garaged

are required to have and cannot reject

Uninsured Motorists Coverage. This in- cludes those "autos" you acquire owner- ship of after the policy begins provided

they are subject to the same state unin- sured motorists requirement.

7 = SPECIFICALLY DESCRIBED "AUTOS".

Only those "autos" described in ITEM

THREE of the Declarations for which a

premium charge is shown (and for Liability Coverage any "trailers" you don't own

while attached to a power unit described

in ITEM THREE).

8 = HIRED "AUTOS" ONLY. Only those

"autos" you lease, hire, rent or borrow.

This does not include any "auto" you

lease, hire, rent, or borrow from any of

your "employees" or partners (if you are a

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

households.

9 = NONOWNED "AUTOS" ONLY. Only

those "autos" you do not own, lease, hire,

rent or borrow that are used in connection with your business. This includes

"autos" owned by your "employees",

partners (if you are a partnership), mem- bers (if you are a limited liability com- pany), or members of their households

but only while used in your business or

your personal affairs.

B. Owned Autos You Acquire After the Policy

Begins

1. If Symbols 1, 2, 3, 4, 5, or 6 are entered

next to a coverage in ITEM TWO of the

Declarations, then you have coverage for

"autos" that you acquire of the type de- scribed for the remainder of the policy period.

2. But, if Symbol 7 is entered next to a cov- erage in ITEM TWO of the Declarations,

an "auto" you acquire will be a covered

"auto" for that coverage only if:

a. We already cover all "autos" that you

own for that coverage or it replaces

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an "auto" you previously owned that

had that coverage; and

b. You tell us within 30 days after you

acquire it that you want us to cover it

for that coverage.

C. Certain Trailers, Mobile Equipment and

Temporary Substitute Autos

If Liability Coverage is provided by this Cov- erage Form, the following types of vehicles

are also covered "autos" for Liability Cover- age:

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

pounds or less designed primarily for

travel on public roads.

2. "Mobile equipment" while being carried or

towed by a covered "auto".

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

with the permission of its owner as a

temporary substitute for a covered "auto"

you own that is out of service because of

its:

a. Breakdown;

b. Repair;

c. Servicing;

d. "Loss"; or

e. Destruction.

SECTION II - LIABILITY COVERAGE

A. Coverage

We will pay all sums an "insured" legally must

pay as damages because of "bodily injury" or

"property damage" to which this insurance

applies, caused by an "accident" and resulting

from the ownership, maintenance or use of a

covered "auto".

We will also pay all sums an "insured" legally

must pay as a "covered pollution cost or ex- pense" to which this insurance applies,

caused by an "accident" and resulting from

the ownership, maintenance or use of cov- ered "autos". However, we will only pay for the

"covered pollution cost or expense" if there is

either "bodily injury" or "property damage" to

which this insurance applies that is caused by

the same "accident".

We have the right and duty to defend any "in- sured" against a "suit" asking for such dam- ages or a "covered pollution cost or expense".

However, we have no duty to defend any "in- sured" against a "suit" seeking damages for

"bodily injury" or "property damage" or a "cov- ered pollution cost or expense" to which this

insurance does not apply. We may investigate

and settle any claim or "suit" as we consider

appropriate. Our duty to defend or settle ends

when the Liability Coverage Limit of Insurance

has been exhausted by payment of judg- ments or settlements.

1. Who is an Insured

The following are "insureds":

a. You for any covered "auto".

b. Anyone else while using with your

permission a covered "auto" you

own, hire or borrow except:

(1) The owner or anyone else from

whom you hire or borrow a covered "auto". This exception does

not apply if the covered "auto" is

a "trailer" connected to a cov- ered "auto" you own.

(2) Your "employee" if the covered

"auto" is owned by that "em- ployee" or a member of his or

her household.

(3) Someone using a covered

"auto" while he or she is working

in a business of selling, servicing, repairing, parking or storing

"autos" unless that business is

yours.

(4) Anyone other than your "em- ployees", partners (if you are a

partnership), members (if you

are a limited liability company),

or a lessee or borrower or any of

their "employees", while moving

property to or from a covered

"auto".

(5) A partner (if you are a partner- ship), or a member (if you are a

limited liability company), for a

covered "auto" owned by him or

her or a member of his or her

household.

c. Anyone liable for the conduct of an

"insured" described above but only

to the extent of that liability.

2. Coverage Extensions

a. Supplementary Payments

We will pay for the "insured":

(1) All expenses we incur.

(2) Up to $2,000 for the cost of bail

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quired because of an "accident"

we cover. We do not have to

furnish these bonds.

(3) The cost of bonds to release

attachments in any "suit" against

the "insured" we defend, but

only for bond amounts within our

Limit of Insurance.

(4) All reasonable expenses in- curred by the "insured" at our

request, including actual loss of

earnings up to $250 a day be- cause of time off from work.

(5) All costs taxed against the "in- sured" in any "suit" against the

"insured" we defend.

(6) All interest on the full amount of

any judgment that accrues after

entry of the judgment in any

"suit" against the "insured" we

defend, but our duty to pay interest ends when we have paid,

offered to pay or deposited in

court the part of the judgment

that is within our Limit of Insur- ance.

These payments will not reduce the

Limit of Insurance.

b. Out-of-State Coverage Extensions

While a covered "auto" is away from

the state where it is licensed we will:

(1) Increase the Limit of Insurance

for Liability Coverage to meet

the limits specified by a compul- sory or financial responsibility

law of the jurisdiction where the

covered "auto" is being used.

This extension does not apply to

the limit or limits specified by

any law governing motor carri- ers of passengers or property.

(2) Provide the minimum amounts

and types of other coverages,

such as no-fault, required of outof-state vehicles by the jurisdiction where the covered "auto" is

being used.

We will not pay anyone more than

once for the same elements of loss

because of these extensions.

B. Exclusions

This insurance does not apply to any of the

following:

1. Expected or Intended Injury

"Bodily injury" or "property damage"

which may reasonably be expected to re- sult from the intentional or criminal acts of

the "insured" or which is in fact expected

or intended by the "insured", even if the

injury or damage is of a different degree

or type than actually expected or intended. This exclusion does not apply to

"bodily injury" resulting from the use of

reasonable force to protect persons or

property.

2. Contractual

Liability assumed under any contract or

agreement.

But this exclusion does not apply to liability for damages:

a. Assumed in a contract or agreement

that is an "insured contract" provided

the "bodily injury" or "property dam- age" occurs subsequent to the exe- cution of the contract or agreement;

or

b. That the "insured" would have in the

absence of the contract or agree- ment.

3. Workers' Compensation

Any obligation for which the "insured" or

the "insured's" insurer may be held liable

under any workers' compensation, dis- ability benefits or unemployment com- pensation law or any similar law.

4. Employee Indemnification and Em- ployer's Liability

"Bodily injury" to:

a. An "employee" of the "insured" sustained in the "workplace";

b. An "employee" of the "insured" arising out of the performance of duties

related to the conduct of the "in- sured's" business; or

c. The spouse, child, parent, brother or

sister of that "employee" as a conse- quence of Paragraph a. or b. above.

This Exclusion applies:

(1) Whether the "insured" may be

liable as an employer or in any

other capacity; and

(2) To any obligation to share dam- ages with or repay someone

else who must pay damages

because of the injury.

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But this exclusion does not apply to "bodily injury" to domestic "employees" not

entitled to workers' compensation benefits or to liability assumed by the "insured"

under an "insured contract" other than a

contract or agreement with a labor leasing firm. For the purposes of the Cover- age Form, a domestic "employee" is a

person engaged in household or domestic work performed principally in connection with a residence premises.

5. Fellow Employee

"Bodily injury" to any fellow "employee" of

the "insured" arising out of and in the

course of the fellow "employee's" em- ployment or while performing duties related to the conduct of your business.

6. Care, Custody or Control

"Property damage" to or "covered pollution cost or expense" involving property

owned or transported by the "insured" or

in the "insured's" care, custody or control.

But this exclusion does not apply to liability assumed under a sidetrack agree- ment.

7. Handling of Property

"Bodily injury" or "property damage" re- sulting from the handling of property:

a. Before it is moved from the place

where it is accepted by the "insured"

for movement into or onto the cov- ered "auto"; or

b. After it is moved from the covered

"auto" to the place where it is finally

delivered by the "insured".

8. Movement of Property by Mechanical

Device

"Bodily injury" or "property damage" re- sulting from the movement of property by

a mechanical device (other than a hand

truck) unless the device is attached to the

covered "auto".

9. Operations

"Bodily injury" or "property damage" arising out of the operation of:

a. Any equipment listed in Paragraphs

6.b. and 6.c. of the definition of "mo- bile equipment"; or

b. Machinery or equipment that is on,

attached to, or part of, a land vehicle

that would qualify under the definition

of "mobile equipment" if it were not

subject to a compulsory or financial

responsibility law or other motor vehicle insurance law where it is li- censed or principally garaged.

10. Completed Operations

"Bodily injury" or "property damage" arising out of your work after that work has

been completed or abandoned.

In this exclusion, your work means:

a. Work or operations performed by

you or on your behalf; and

b. Materials, parts or equipment fur- nished in connection with such work

or operations.

Your work includes warranties or repre- sentations made at any time with respect

to the fitness, quality, durability or performance of any of the items included in

Paragraphs a. or b. above.

Your work will be deemed completed at

the earliest of the following times:

(1) When all of the work called for in

your contract has been com- pleted.

(2) When all of the work to be done

at the site has been completed if

your contract calls for work at

more than one site.

(3) 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, mainte- nance, correction, repair or replacement,

but which is otherwise complete, will be

treated as completed.

11. Pollutant

"Bodily injury" or "property damage" arising out of the actual, alleged or threat- ened discharge, dispersal, seepage, mi- gration, release, escape or emission of

"pollutants":

a. That are, or that are contained in any

property that is:

(1) Being transported or towed by,

handled, or handled for move- ment into, onto or from, the cov- ered "auto";

(2) Otherwise in the course of tran- sit by or on behalf of the "in- sured"; or

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(3) Being stored, disposed of,

treated or processed in or upon

the covered "auto";

b. Before the "pollutants" or any prop- erty in which the "pollutants" are

contained are moved from the place

where they are accepted by the "in- sured" for movement into or onto the

covered "auto"; or

c. After the "pollutants" or any property

in which the "pollutants" are contained are moved from the covered

"auto" to the place where they are fi- nally delivered, disposed of or aban- doned by the "insured".

Paragraph a. of this exclusion does not

apply to fuels, lubricants, fluids, exhaust

gases or other similar "pollutants" that are

needed for or result from the normal

electrical, hydraulic or mechanical functioning of the covered "auto" or its parts,

if:

(1) The "pollutants" escape, seep,

migrate, or are discharged, dis- persed or released directly from

an "auto" part designed by its

manufacturer to hold, store, re- ceive or dispose of such "pollut- ants"; and

(2) The "bodily injury", "property

damage" or "covered pollution

cost or expense" does not arise

out of the operation of any

equipment listed in Paragraphs

6.b. and 6.c. of the definition of

"mobile equipment".

However, this exception to Paragraph a.

does not apply if the fuels, lubricants, fluids, exhaust gases or other similar "pollutants" are intentionally discharged, dis- persed or released.

Paragraphs b. and c. of this exclusion do

not apply to "accidents" that occur away

from premises owned by or rented to an

"insured" with respect to "pollutants" not

in or upon a covered "auto" if:

(1) The "pollutants" or any property

in which the "pollutants" are

contained are upset, overturned

or damaged as a result of the

maintenance or use of a cov- ered "auto"; and

(2) The discharge, dispersal, seep- age, migration, release, emis- sion or escape of the "pollut- ants" is caused directly by such

upset, overturn or damage.

d. At or from any premises, site or location on which any insured or any

contractors or subcontractors working directly or indirectly on any in- sured's behalf are performing operations:

(1) If the "pollutants" are brought on

or to the premises, site or location in connection with such op- erations by such "insured", contractor or subcontractor; or

(2) 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 "pollut- ants".

Subparagraph d.(1) does not apply to

"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 neces- sary for the operation of "mobile equip- ment" or its parts, if such fuels, lubricants

or other operating fluids escape from a

vehicle part designed to hold, store or re- ceive them. This exception does not ap- ply if the fuels, lubricants or other operating fluids are intentionally discharged,

dispersed or released, or if such fuels, lu- bricants or other operating fluids are

brought on or to the premises, site or lo- cation with the intent to be discharged,

dispersed or released as part of the op- erations being performed by such "in- sured", contractor or subcontractor. 12. War

"Bodily injury" or "property damage" arising directly or indirectly out of:

a. War, including undeclared or civil

war;

b. Warlike action by a military force, in- cluding action in hindering or defending against an actual or ex- pected attack, by any government,

sovereign or other authority using

military personnel or other agents; or

c. Insurrection, rebellion, revolution,

usurped power, or action taken by

governmental authority in hindering

or defending against any of these.

13. Racing

Covered "autos" while used in any professional or organized racing or demolition contest or stunting activity, or while

practicing for such contest or activity. This

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insurance also does not apply while that

covered "auto" is being prepared for such

a contest or activity.

C. Limit of Insurance

Regardless of the number of covered "autos",

"insureds", premiums paid, claims made or

vehicles involved in the "accident", the most

we will pay for the total of all damages and

"covered pollution cost or expense" com- bined, resulting from any one "accident" is the

Limit of Insurance for Liability Coverage

shown in the Declarations.

All "bodily injury", "property damage" and

"covered pollution cost or expense" resulting

from continuous or repeated exposure to sub- stantially the same conditions will be consid- ered as resulting from one "accident".

No one will be entitled to receive duplicate

payments for the same elements of "loss" un- der this Coverage Form and any Medical

Payments Coverage endorsement, Uninsured

Motorists Coverage endorsement or Underin- sured Motorists Coverage endorsement attached to this Coverage Part.

D. Mobile Equipment Subject to Motor Vehicle

Insurance Laws

As respects SECTION II - LIABILITY COV- ERAGE any land vehicle, which would qualify

as "mobile equipment", except that it is subject to a compulsory or financial responsibility

law or other motor vehicle insurance law

where it is licensed or principally garaged, is

considered a covered "auto" under SECTION

II - LIABILITY COVERAGE, irrespective of the

Auto Designation Symbols shown for SEC- TION II - LIABILITY COVERAGE in the Declarations.

SECTION III - PHYSICAL DAMAGE COVERAGE

A. Coverage

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

or its equipment under:

a. Comprehensive Coverage

From any cause except:

(1) The covered "auto's" collision

with another object; or

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

b. Specified Causes of Loss Cover- age

Caused by:

(1) Fire, lightning or explosion;

(2) Theft;

(3) Windstorm, hail or earthquake;

(4) Flood;

(5) Mischief or vandalism; or

(6) The sinking, burning, collision or

derailment of any conveyance

transporting the covered "auto".

c. Collision Coverage

Caused by:

(1) The covered "auto's" collision

with another object; or

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

2. Towing

We will pay up to the limit shown in the

Declarations for towing and labor costs

incurred each time a covered "auto" of

the private passenger type is disabled.

However, the labor must be performed at

the place of disablement.

3. Glass Breakage - Hitting a Bird or

Animal - Falling Objects or Missiles

If you carry Comprehensive Coverage for

the damaged covered "auto", we will pay

for the following under Comprehensive

Coverage:

a. Glass breakage;

b. "Loss" caused by hitting a bird or

animal; and

c. "Loss" caused by falling objects or

missiles.

However, you have the option of having

glass breakage caused by a covered

"auto's" collision or overturn considered a

"loss" under Collision Coverage.

4. Coverage Extensions

a. Transportation Expenses

We will also pay up to $20 per day to

a maximum of $600 for temporary

transportation expense incurred by

you because of the total theft of a

covered "auto" of the private pas- senger type. We will pay only for

those covered "autos" for which you

carry either Comprehensive or

Specified Causes of Loss Coverage.

We will pay for temporary transportation expenses incurred during the

period beginning 48 hours after the

theft and ending, regardless of the

policy's expiration, when the covered

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"auto" is returned to use or we pay

for its "loss".

b. Loss of Use Expenses

For Hired Auto Physical Damage, we

will pay expenses for which an "in- sured" becomes legally responsible

to pay for loss of use of a vehicle

rented or hired without a driver, un- der a written rental contract or

agreement. We will pay for loss of

use expenses if caused by:

(1) Other than collision only if the

Declarations indicate that Com- prehensive Coverage is pro- vided for any covered "auto";

(2) Specified Causes of Loss only if

the Declarations indicate that

Specified Causes of Loss Cov- erage is provided for any cov- ered "auto"; or

(3) Collision only if the Declarations

indicate that Collision Coverage

is provided for any covered

"auto".

However, the most we will pay for

any expenses for loss of use is $20

per day, to a maximum of $600.

B. Exclusions

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

resulting from any of the following. Such

"loss" is excluded regardless of any other

cause or event that contributes concurrently or in any sequence to the "loss".

a. Nuclear Hazard

(1) The explosion of any weapon

employing atomic fission or fu- sion; or

(2) Nuclear reaction or radiation, or

radioactive contamination, how- ever caused.

b. War or Military Action

(1) War, including undeclared or

civil war;

(2) Warlike action by a military

force, including action in hin- dering 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.

2. We will not pay for "loss" to any covered

"auto" while used in any professional or

organized racing or demolition contest or

stunting activity, or while practicing for

such contest or activity. We will also not

pay for "loss" to any covered "auto" while

that covered "auto" is being prepared for

such a contest or activity.

3. We will not pay for "loss" caused by or

resulting from any of the following unless

caused by other "loss" that is covered by

this insurance:

a. Wear and tear, freezing, mechanical

or electrical breakdown; or

b. Blowouts, punctures or other road

damage to tires.

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

following:

a. Tapes, records, discs or other similar

audio, visual or data electronic de- vices designed for use with audio,

visual or data electronic equipment.

b. Any device designed or used to detect speed measuring equipment

such as radar or laser detectors and

any jamming apparatus intended to

elude or disrupt speed measurement

equipment.

c. Any electronic equipment, without

regard to whether this equipment is

permanently installed, that receives

or transmits audio, visual or data

signals and that is not designed

solely for the reproduction of sound.

d. Any accessories used with the electronic equipment described in Para- graph c. above.

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

a. Equipment designed solely for the

reproduction of sound and accessories used with such equipment, pro- vided such equipment is perma- nently installed in the covered "auto"

at the time of the "loss" or such

equipment is removable from a

housing unit which is permanently

installed in the covered "auto" at the

time of the "loss", and such equip- ment is designed to be solely oper- ated by use of the power from the

"auto's" electrical system, in or upon

the covered "auto"; or

b. Any other electronic equipment that

is:

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(1) Necessary for the normal op- eration of the covered "auto" or

the monitoring of the covered

"auto's" operating system; or

(2) An integral part of the same unit

housing any sound reproducing

equipment described in Para- graph a. above and permanently

installed in the opening of the

dash or console of the covered

"auto" normally used by the

manufacturer for installation of a

radio.

5. We will not pay for "loss" to a covered

"auto" due to "diminution in value".

C. Limit of Insurance

1. The most we will pay for "loss" in any one

"accident" is the lesser of:

a. The actual cash value of the dam- aged or stolen property as of the

time of the "loss"; or

b. The cost of repairing or replacing the

damaged or stolen property with

other property of like kind and quality.

2. An adjustment for depreciation and

physical condition will be made in deter- mining actual cash value in the event of a

total "loss".

3. If a repair or replacement results in better

than like kind or quality, we will not pay

for the amount of the betterment.

D. Deductible

For each covered "auto", our obligation to pay

for, repair, return or replace damaged or stolen property will be reduced by the applicable

deductible shown in the Declarations. Any

Comprehensive Coverage deductible shown

in the Declarations does not apply to "loss"

caused by fire or lightning.

SECTION IV - BUSINESS AUTO CONDITIONS

The following conditions apply in addition to the

Common Policy Conditions:

A. Loss Conditions

1. Appraisal for Physical Damage Loss

If you and we disagree on the amount of

"loss", either may demand an appraisal of

the "loss". In this event, each party will

select a competent appraiser. The two

appraisers will select a competent and

impartial umpire. The appraisers will state

separately the actual cash value and

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

will submit their differences to the umpire.

A decision agreed to by any two will be

binding. Each party will:

a. Pay its chosen appraiser; and

b. Bear the other expenses of the ap- praisal and umpire equally.

If we submit to an appraisal, we will still

retain our right to deny the claim.

2. Duties in the Event of Accident, Claim,

Suit or Loss

We have no duty to provide coverage

under this policy unless there has been

full compliance with the following duties:

a. In the event of "accident", claim,

"suit" or "loss", you must give us or

our authorized representative prompt

notice of the "accident" or "loss". In- clude:

(1) How, when and where the "ac- cident" or "loss" occurred;

(2) The "insured's" name and ad- dress; and

(3) To the extent possible, the

names and addresses of any

injured persons and witnesses.

b. Additionally, you and any other in- volved "insured" must:

(1) Assume no obligation, make no

payment or incur no expense

without our consent, except at

the "insured's" own cost.

(2) Immediately send us copies of

any request, demand, order, notice, summons or legal paper

received concerning the claim or

"suit".

(3) Cooperate with us in the investi- gation or settlement of the claim

or defense against the "suit".

(4) Authorize us to obtain medical

records or other pertinent infor- mation.

(5) Submit to examination, at our

expense, by physicians of our

choice, as often as we reasona- bly require.

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

or its equipment you must also do

the following:

(1) Promptly notify the police if the

covered "auto" or any of its

equipment is stolen.

(2) Take all reasonable steps to

protect the covered "auto" from

further damage. Also keep a re- cord of your expenses for con- sideration in the settlement of

the claim.

(3) Permit us to inspect the covered

"auto" and records proving the

"loss" before its repair or dispo- sition.

(4) Agree to examinations under

oath at our request and give us

a signed statement of your an- swers.

3. Legal Action Against Us

No one may bring a legal action against

us under this Coverage Form until:

a. There has been full compliance with

all the terms of this Coverage Form;

and

b. Under Liability Coverage, we agree

in writing that the "insured" has an

obligation to pay or until the amount

of that obligation has finally been

determined by judgment after trial.

No one has the right under this policy to bring us into an action to determine the "insured's" liability.

4. Loss Payment - Physical Damage

Coverages

At our option we may:

a. Pay for, repair or replace damaged

or stolen property;

b. Return the stolen property, at our

expense. We will pay for any dam- age that results to the "auto" from the

theft; or

c. Take all or any part of the damaged

or stolen property at an agreed or

appraised value.

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

include the applicable sales tax for the

damaged or stolen property.

5. Transfer of Rights of Recovery Against

Others to Us

If any person or organization to or for

whom we make payment under this Coverage Form has rights to recover dam- ages from another, those rights are

transferred to us. That person or organi- zation must do everything necessary to

secure our rights and must do nothing

after "accident" or "loss" to impair them.

B. General Conditions

1. Bankruptcy

Bankruptcy or insolvency of the "insured"

or the "insured's" estate will not relieve us

of any obligations under this Coverage

Form.

2. Concealment, Misrepresentation or

Fraud

This Coverage Form is void in any case

of fraud by you at any time as it relates to

this Coverage Form. It is also void if you

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

a. This Coverage Form;

b. The covered "auto";

c. Your interest in the covered "auto";

or

d. A claim under this Coverage Form.

3. Liberalization

If within 60 days prior to the beginning of

this Coverage Part or during the policy

period, we make any changes to any

forms or endorsements of this Coverage

Part for which there is currently no separate premium charge, and that change

provides more coverage than this Cover- age Part, the change will automatically

apply to this Coverage Part as of the latter of:

a. The date we implemented the

change in your state; or

b. The date this Coverage Part became

effective; and

will be considered as included until the

end of the current policy period. We will

make no additional premium charge for

this additional coverage during the interim.

4. No Benefit to Bailee - Physical Damage

Coverages

We will not recognize any assignment or

grant any coverage for the benefit of any

person or organization holding, storing or

transporting property for a fee regardless

of any other provision of this Coverage

Form.

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5. Other Insurance

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

Coverage Form provides primary in- surance. For any covered "auto" you

don't own, the insurance provided by

this Coverage Form is excess over

any other collectible insurance.

However, while a covered "auto"

which is a "trailer" is connected to

another vehicle, the Liability Cover- age this Coverage Form provides for

the "trailer" is:

(1) Excess while it is connected to a

motor vehicle you do not own.

(2) Primary while it is connected to

a covered "auto" you own.

b. For Hired Auto Physical Damage

Coverage, any covered "auto" you

lease, hire, rent or borrow is deemed

to be a covered "auto" you own.

However, any "auto" that is leased,

hired, rented or borrowed with a

driver is not a covered "auto".

c. Regardless of the provisions of

Paragraph a. above, this Coverage

Form's Liability Coverage is primary

for any liability assumed under an

"insured contract".

d. When this Coverage Form and any

other Coverage Form or policy cov- ers on the same basis, either excess

or primary, we will pay only our

share. Our share is the proportion

that the Limit of Insurance of our

Coverage Form bears to the total of

the limits of all the Coverage Forms

and policies covering on the same

basis.

6. Premium Audit

a. The estimated premium for this Cov- erage Form is based on the expo- sures you told us you would have

when this policy began. We will

compute the final premium due when

we determine your actual exposures.

The estimated total premium will be

credited against the final premium

due and the first Named Insured will

be billed for the balance, if any. The

due date for the final premium or retrospective premium is the date

shown as the due date on the bill. If

the estimated total premium exceeds

the final premium due, the first

Named Insured will get a refund.

b. If this policy is issued for more than

one year, the premium for this Cov- erage Form will be computed annu- ally based on our rates or premiums

in effect at the beginning of each

year of the policy.

7. Policy Period, Coverage Territory

Under this Coverage Form, we cover

"accidents" and "losses" occurring:

a. During the Policy Period shown in

the Declarations; and

b. Within the coverage territory.

The coverage territory is:

a. The United States of America;

b. The territories and possessions of

the United States of America;

c. Puerto Rico;

d. Canada; and

e. Anywhere in the world if:

(1) A covered "auto" of the private

passenger type is leased, hired,

rented or borrowed without a

driver for a period of 30 days or

less; and

(2) The "insured's" responsibility to

pay damages is determined in a

"suit" on the merits, in the United

States of America, the territories

and possessions of the United

States of America, Puerto Rico,

or Canada or in a settlement we

agree to.

We also cover "loss" to, or "accidents" in- volving, a covered "auto" while being

transported between any of these places.

8. Two or More Coverage Forms or Poli- cies Issued by Us

If this Coverage Form and any other

Coverage Form or policy issued to you by

us or any company affiliated with us apply

to the same "accident", the aggregate

maximum Limit of Insurance under all the

Coverage Forms or policies shall not ex- ceed the highest applicable Limit of In- surance under any one Coverage Form

or policy. This condition does not apply to

any Coverage Form or policy issued by

us or an affiliated company specifically to

apply as excess insurance over this Cov- erage Form.

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SECTION V - DEFINITIONS

A. "Accident" includes continuous or repeated

exposure to the same conditions resulting in

"bodily injury" or "property damage".

B. "Auto" means:

1. A land motor vehicle, "trailer" or semitrailer designed for travel on public roads;

or

2. Any other land vehicle that is subject to a

compulsory or financial responsibility law

or other motor vehicle insurance law

where it is licensed or principally garaged.

However, "auto" does not include "mobile

equipment".

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

disease sustained by a person including

death resulting from any of these.

D. "Covered pollution cost or expense" means

any cost or expense arising out of:

1. Any request, demand, order or statutory

or regulatory requirement that the "in- sured" or others test for, monitor, clean

up, remove, contain, treat, detoxify or

neutralize, or in any way respond to, or

assess the effects of "pollutants"; or

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

governmental authority for damages be- cause of testing for, monitoring, cleaning

up, removing, containing, treating, detoxifying or neutralizing, or in any way re- sponding to, or assessing the effects of

"pollutants".

"Covered pollution cost or expense" does not

include any cost or expense arising out of the

actual, alleged or threatened discharge, dis- persal, seepage, migration, release, escape

or emission of "pollutants":

a. That are, or that are contained in any

property that is:

(1) Being transported or towed by,

handled, or handled for move- ment into, onto or from the cov- ered "auto";

(2) Otherwise in the course of tran- sit by or on behalf of the "in- sured";

(3) Being stored, disposed of,

treated or processed in or upon

the covered "auto"; or

b. Before the "pollutants" or any prop- erty in which the "pollutants" are

contained are moved from the place

where they are accepted by the "in- sured" for movement into or onto the

covered "auto"; or

c. After the "pollutants" or any property

in which the "pollutants" are contained are moved from the covered

"auto" to the place where they are fi- nally delivered, disposed of or aban- doned by the "insured".

Paragraph a. above does not apply to fu- els, lubricants, fluids, exhaust gases or

other similar "pollutants" that are needed

for or result from the normal electrical,

hydraulic or mechanical functioning of the

covered "auto" or its parts, if:

(1) The "pollutants" escape, seep,

migrate, or are discharged, dis- persed or released directly from

an "auto" part designed by its

manufacturer to hold, store, re- ceive or dispose of such "pollut- ants"; and

(2) The "bodily injury", "property

damage" or "covered pollution

cost or expense" does not arise

out of the operation of any

equipment listed in Paragraphs

6.b. or 6.c. of the definition of

"mobile equipment".

Paragraphs b. and c. above do not apply

to "accidents" that occur away from

premises owned by or rented to an "in- sured" with respect to "pollutants" not in

or upon a covered "auto" if:

(1) The "pollutants" or any property

in which the "pollutants" are

contained are upset, overturned

or damaged as a result of the

maintenance or use of a cov- ered "auto"; and

(2) The discharge, dispersal, seep- age, migration, release, escape

or emission of the "pollutants" is

caused directly by such upset,

overturn or damage.

E. "Diminution in value" means the actual or per- ceived loss in market value or resale value

which results from a direct and accidental

"loss".

F. "Employee" includes a "leased worker". "Em- ployee" does not include a "temporary

worker".

G. "Insured" means any person or organization

qualifying as an insured in the Who is an In- sured provision of the applicable coverage.

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Except with respect to the Limit of Insurance,

the coverage afforded applies separately to

each insured who is seeking coverage or

against whom a claim or "suit" is brought.

H. "Insured contract":

1. Means:

a. A lease of premises;

b. A sidetrack agreement;

c. An 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 ordi- nance, to indemnify a municipality,

except in connection with work for a

municipality;

e. That part of any other contract or

agreement pertaining to your busi- ness (including an indemnification of

a municipality in connection with

work performed for a municipality)

under which you assume the tort li- ability of another to pay for "bodily

injury" or "property damage" to a

third party or organization. Tort liability means a liability that would be im- posed by law in the absence of any

contract or agreement;

f. That part of any other contract or

agreement entered into, as part of

your business, pertaining to the

rental or lease, by you or any of your

"employees", of any "auto". How- ever, such contract or agreement

shall not be considered an "insured

contract" to the extent that it obli- gates you or any of your "employ- ees" to pay for "property damage" to

any "auto" rented or leased by you

or any of your "employees".

2. Does not include that part of any contract

or agreement:

a. That indemnifies a railroad for "bodily

injury" or "property damage" arising

out of construction or demolition op- erations, within 50 feet of any railroad property and affecting any railroad bridge or trestle, tracks, road

beds, tunnel, underpass or crossing;

or

b. That pertains to the loan, lease or

rental of an "auto" to you or any of

your "employees", if the "auto" is

loaned, leased or rented with a

driver; or

c. That holds a person or organization

engaged in the business of trans- porting property by "auto" for hire

harmless for your use of a covered

"auto" over a route or territory that

person or organization is authorized

to serve by public authority.

I. "Leased worker" means a person leased to

you by a labor leasing firm under an agree- ment between you and the labor leasing firm,

to perform duties related to the conduct of

your business. "Leased worker" includes su- pervisors furnished to you by the labor leasing

firm. "Leased worker" does not include a

"temporary worker".

J. "Loss" means direct and accidental loss or

damage.

K. "Mobile equipment" means any of the following types of land vehicles, including any attached machinery or equipment:

1. Bulldozers, farm machinery, forklifts and

other vehicles designed for use princi- pally off public roads;

2. Vehicles maintained for use solely on or

next to premises you own or rent;

3. Vehicles that travel on crawler treads;

4. Vehicles, whether self-propelled or not,

maintained primarily to provide mobility to

permanently mounted:

a. Power cranes, shovels, loaders, dig- gers or drills; or

b. Road construction or resurfacing

equipment such as graders, scrap- ers or rollers.

5. Vehicles not described in Paragraphs 1.,

2., 3., or 4. above that are not selfpropelled and are maintained primarily to

provide mobility to permanently attached

equipment of the following types:

a. Air compressors, pumps and gen- erators, including spraying, welding,

building cleaning, geophysical exploration, lighting and well servicing

equipment; or

b. Cherry pickers and similar devices

used to raise or lower workers.

6. Vehicles not described in Paragraphs 1.,

2., 3., or 4. above maintained primarily for

purposes other than the transportation of

persons or cargo. However, selfpropelled vehicles with the following

types of permanently attached equipment

are not "mobile equipment" but will be

considered "autos":

a. Equipment designed primarily for:

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(1) Snow removal;

(2) Road maintenance, but not con- struction or resurfacing; or

(3) Street cleaning;

b. Cherry pickers and similar devices

mounted on automobile or truck

chassis and used to raise or lower

workers; and

c. Air compressors, pumps and gen- erators, including spraying, welding,

building cleaning, geophysical exploration, lighting or well servicing

equipment.

However, "mobile equipment" does not in- clude land vehicles that are subject to a com- pulsory or financial responsibility law or other

motor vehicle insurance law where it is li- censed or principally garaged. Land vehicles

subject to a compulsory or financial responsi- bility law or other motor vehicle insurance law

are considered "autos".

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

or thermal irritant or contaminant, including

smoke, vapor, soot, fumes, acids, alkalis,

chemicals, petroleum, petroleum products

and their by-products, and waste. Waste in- cludes materials to be recycled, reconditioned

or reclaimed. "Pollutants" include but are not

limited to substances which are generally rec- ognized in industry or government to be

harmful or toxic to persons, property or the

environment regardless of whether injury or

damage is caused directly or indirectly by the

"pollutants" and whether:

1. The "insured" is regularly or otherwise

engaged in activities which taint or de- grade the environment; or

2. The "insured" uses, generates or pro- duces the "pollutant".

M. "Property damage" means damage to or loss

of use of tangible property.

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

1. Damages because of "bodily injury" or

"property damage"; or

2. A "covered pollution cost or expense",

to which this insurance applies, are alleged.

"Suit" includes:

a. An arbitration proceeding in which

such damages or "covered pollution

costs or expenses" are claimed and

to which the "insured" must submit or

does submit with our consent; or

b. Any other alternative dispute resolution proceeding in which such dam- ages or "covered pollution costs or

expenses" are claimed and to which

the insured submits with our con- sent.

O. "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.

P. "Trailer" includes semitrailer.

Q. "Workplace" means that place and during

such hours to which the "employee" sustaining "bodily injury" was assigned by you, or

any other person or entity acting on your be- half, to work on the date of the "accident".

NUCLEAR ENERGY LIABILITY EXCLUSION ENDORSEMENT

(Broad Form)

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

or Nuclear Insurance Association of

Canada, or would be an "insured"

under any such policy but for its ter- mination upon exhaustion of its limit

of liability; or

(2) Resulting from the "hazardous prop- erties" 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 in- demnity from the United States of

America, or any agency thereof, un- der 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

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ous properties" of "nuclear facility" by any

person or organization.

C. Under any Liability Coverage, to "bodily

injury" or "property damage" resulting

from the "hazardous properties" of "nu- clear material", if:

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

"nuclear facility" owned by, or oper- ated by or on behalf of, an "insured"

or (b) has been discharged or dis- persed therefrom;

(2) The "nuclear material" is contained in

"spent fuel" or "waste" at any time

possessed, handled, used, proc- essed, stored, transported or dis- posed of by or on behalf of an "in- sured"; or

(3) The "bodily injury" or "property dam- age" 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 fa- cility is located within the United

States of America, its territories or

possessions or Canada, this Exclu- sion (3) applies only to "property

damage" to such "nuclear facility"

and any property thereat.

2. As used in this endorsement:

"Hazardous properties" include radioactive,

toxic or explosive properties;

"Nuclear material" means "source material",

"special nuclear material" or "byproduct material";

"Source material", "special nuclear material",

and "byproduct 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 re- actor";

"Waste" means any waste material (a) containing "byproduct 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 lo- cated 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 selfsupporting chain reaction or to contain a critical

mass of fissionable material;

"Property damage" includes all forms of radioactive contamination of property.

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AA 2009 01 17

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

CHANGES - TOWING AND LABOR

This endorsement modifies insurance provided by the following:

BUSINESS AUTO COVERAGE FORM

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

modified by this endorsement.

1. SECTION III - PHYSICAL DAMAGE COVERAGE, A. Coverage, 2. Towing is deleted

in its entirety and replaced with:

2. Towing

We will pay up to the limit shown in the

Declarations for towing and labor costs

incurred each time a covered "auto" is

disabled. However, the labor must be performed at the place of disablement.

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AA 296 07 12

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CHANGES - AUDIO, VISUAL AND DATA ELECTRONIC

EQUIPMENT COVERAGE

This endorsement modifies insurance provided by the following:

BUSINESS AUTO COVERAGE FORM

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

modified by this endorsement.

1. SECTION III - PHYSICAL DAMAGE COVERAGE, B. Exclusions, 4. is deleted in its entirety and replaced with:

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

a. Tapes, records, discs or similar audio, visual or data electronic devices

designed for use with audio, visual or 

data electronic equipment. b. Any device designed or used to detect speed-measuring equipment, 

such as radar or laser detectors, and 

any jamming apparatus intended to 

elude or disrupt speed-measuring 

equipment.

c. Any electronic equipment, without regard to whether this equipment is

permanently installed, that reproduces, receives or transmits audio, visual or data signals. d. Any accessories used with the electronic equipment described in Paragraph c. above. Exclusions 4.c. and 4.d. do not apply to

equipment designed to be operated solely

by use of the power from the "auto's" electrical system that, at the time of "loss", is:

a. Permanently installed in or upon the

covered "auto";

b. Removable from a housing unit which 

is permanently installed in or upon 

the covered "auto";

c. An integral part of the same unit 

housing any electronic equipment 

described in Paragraphs a. and b.

above; or

d. Necessary for the normal operation 

of the covered "auto" or the monitoring of the covered "auto's" operating 

system.

2. SECTION III - PHYSICAL DAMAGE COVERAGE, C. Limits of Insurance, 1. is deleted in

its entirety and replaced with:

1. The most we will pay for:

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

lesser of;

(1) The actual cash value of the

damaged or stolen property as of

the time of the "loss"; or

(2) The cost of repairing or replacing

the damaged or stolen property 

with other property of like kind or

quality.

b. All electronic equipment that reproduces, receives or transmits audio, visual or data signals in any one "loss", is up to $1,000, if, at the time 

of "loss", such electronic equipment 

is:

(1) Permanently installed in or upon

the covered "auto" in a housing, 

opening or other location that is

not normally used by the "auto" 

manufacturer for the installation

of such equipment;

(2) Removable from a permanently 

installed housing unit as described in Paragraph b.1. above; 

or

(3) An integral part of such equipment as described in Paragraphs b.(1) and b.(2) above. 3. AUDIO, VISUAL AND DATA ELECTRONIC 

EQUIPMENT COVERAGE ADDED LIMITS

The sub-limit in Paragraph 1.b. above is in addition to the Limit of Insurance shown in the 

Schedule of the Audio, Visual and Data 

Equipment Coverage endorsement, if purchased.

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THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

ILLINOIS UNINSURED MOTORISTS COVERAGE

Throughout this endorsement "you" and "your" refer to the organization(s) and a natural person(s) shown as a

Named Insured on this endorsement. "You" and "your" do not refer to any other person(s) or organization(s), 

including but not limited to agents, employees, servants, members, shareholders or independent contractors of 

any person or organization shown as a Named Insured on this endorsement.

For a covered "auto" licensed or principally garaged in, or "garage operations" conducted in Illinois, this endorsement modifies insurance provided under the following:

BUSINESS AUTO COVERAGE FORM

GARAGE COVERAGE FORM

MOTOR CARRIER COVERAGE FORM

TRUCKERS COVERAGE FORM

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

modified by this endorsement.

This endorsement changes the Coverage Form effective on the effective date of the Coverage Form unless

another date is indicated below.

Endorsement Effective: Policy Number:

Named Insured:

SCHEDULE

Limit of Insurance

$ Each "Accident"

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

A. Coverage

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

entitled to recover as compensatory damages from the owner or operator of:

a. An "uninsured motor vehicle" as defined in Paragraph F.4.a. and b. because of "bodily injury":

(1) Sustained by the "insured"; and

(2) Cause by an "accident".

b. An "uninsured motor vehicle" as defined in Paragraph F.4.c. because of "bodily injury" sustained by the "insured". The owner's or operator's liability for these 

damages must result from the ownership, 

maintenance or use of the "uninsured motor 

vehicle". The "insured" shall be required to 

prove all elements of the "insured's" claim

that are necessary to recover from the owner or operator of the "uninsured motor vehicle".

2. We will pay under this endorsement only if 

the limits of insurance under all applicable 

liability bonds or policies have been partially 

or fully exhausted by payment of judgments 

or settlements. 3. Any judgment for damages arising out of a "suit" brought without our written consent to 

both the "suit" and the judgment is not binding on us. B. Who is an Insured

The following are "insureds":

1. If any natural persons are specifically listed 

as a Named Insured on this endorsement, 

the following persons are "insureds":

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a. Natural persons specifically listed as a 

Named Insured on this endorsement;

b. "Family members" of natural persons

specifically listed as a Named Insured 

on this endorsement;

c. Any natural person, but only for injuries

that occur while "occupying" an "auto"

for which coverage is provided in the 

Coverage Form or a temporary substitute for such covered "auto". In such 

case, the covered "auto" must be out of

service because of its break down, repair, servicing, "loss" or destruction; 

and

d. Any natural person, but only for damages he or she is entitled to recover 

because of "bodily injury" sustained by

an "insured" described in Paragraphs

B.1.a., b. or c.

2. If an entity other than a natural person is 

listed as a Named Insured on this endorsement, and no natural persons are listed as a 

Named Insured in the endorsement, the following persons are "insureds":

a. Any natural person, but only for injuries 

that occur while "occupying" an "auto"

for which coverage is provided in the 

Coverage Form or a temporary substitute for such covered "auto". In such 

case, the covered "auto" must be out of 

service because of its break down, repair, servicing, "loss" or destruction. b. Any natural person is an "insured", but 

only for damages he or she is entitled 

to recover because of "bodily injury"

sustained by an "insured" described in 

Paragraph B.2.a. C. Exclusions

This insurance does not apply to any of the following:

1. Any claim settled with the person(s) or organization(s) legally responsible for the "accident" or the insurer or legal representative 

of such person(s) or organization(s) without 

our consent.

2. The direct or indirect benefit of any insurer 

or self-insurer under any personal injury protection benefits, workers' compensation, 

disability benefits, pension statutes or similar laws. 3. "Bodily injury" sustained by an "insured" while the "insured" is operating, or "occupying" a "motor vehicle" owned by, furnished

to, or available for the regular use of a 

Named Insured or, if the Named Insured is 

a natural person, a spouse, or a resident 

relative of such Named Insured, if the "motor vehicle" is not specifically identified in the 

Coverage Form or is not a newly acquired 

or replacement "motor vehicle" covered under the terms of the Coverage Form. 4. "Bodily injury" suffered by any person while 

operating or "occupying" a "motor vehicle" without reasonable belief that he or she is 

entitled to do so. 

5. Punitive or exemplary damages. D. Limit of Insurance

1. Regardless of the number of policies, covered "autos", "insureds", premiums paid, 

claims-made or vehicles involved in the "accident", the most we will pay for all damages, including, but not as a separate claim, 

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

due to and arising out of any one "accident"

is the limit of Uninsured Motorists Coverage shown in the Schedule or the Declarations. We will apply the limit shown in the schedule or the Declarations to first provide the 

separate limits required by the Illinois Safety

Responsibility Law as follows:

a. $25,000 for "bodily injury" to any one 

person due to and arising out of any

one "accident", and

b. $50,000 for "bodily injury" to two or 

more persons due to and arising out of 

any one "accident". This provision will not change our total limit 

of insurance. 2. No one will be entitled to receive duplicate 

payments for the same elements of "loss" under this endorsement and any Liability 

Coverage Form. We will not make a duplicate payment under

this endorsement for any element of "loss"

for which payment has been made by or for 

anyone who is legally liable. We will not pay for any element of "loss" if a 

person is entitled to receive payment for the

same element of "loss" under any personal 

injury protection benefits, workers' compensation, disability benefits, pension statutes 

or similar laws, including medical payments 

made under any statute. 3. The limit of insurance provided in this endorsement shall be reduced by all sums 

available for payment to the "insured" for "bodily injury" under all liability bonds or policies covering persons or organizations legally liable for the "accident".

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E. Changes in Conditions

The Conditions for Illinois Uninsured Motorists Coverage are changed as follows:

1. With respect to an "uninsured motor vehicle", the Other Insurance Condition in the

Business Auto and Garage Coverage 

Forms and Other Insurance Primary and

Excess Insurance Provisions in the Truck- ers and Motor Carrier Coverage Forms are 

replaced by the following:

If there is other applicable insurance available under one or more policies or provisions

of coverage:

a. The maximum recovery under all coverage forms or policies combined may

equal but not exceed the highest applicable limit for any one vehicle under 

any coverage form or policy providing 

coverage on either a primary or excess

basis. b. Any insurance we provide with respect 

to a vehicle you do not own shall be excess over any other collectible uninsured motorists insurance. We will pay

only the amount by which the limit of insurance for this coverage exceeds the 

limits of such other insurance.

c. If the coverage under this endorsement 

is provided:

(1) On a primary basis, we will pay only our share of the "loss" that must 

be paid under insurance providing

coverage on a primary basis. Our 

share is the proportion that our limit of insurance bears to the total of

all applicable limits of insurance for 

coverage on a primary basis.

(2) On an excess basis, we will pay 

only our share of the "loss" that 

must be paid under insurance 

providing coverage on an excess

basis. Our share is the proportion 

that our limit of insurance bears to 

the total of all applicable limits of

insurance for coverage on an excess basis. 2. Duties in the Event of Accident, Claim, 

Suit or Loss is changed by adding the following:

a. You or any other involved "insured" must promptly notify the police if a hit- and-run driver is involved;

b. You or any other involved "insured" 

must promptly send us copies of the legal papers if a "suit" is brought; and

c. You and any other involved "insured" 

must cooperate with us in the investigation, settlement or defense of the claim

or "suit". Cooperation includes, but is

not limited to, identifying all parties who 

may be responsible for the "accident" 

and all insurers who may be obligated

to provide coverage. 3. Transfer of Rights of Recovery Against 

Others to Us does not apply.

4. The following Condition is added:

Reimbursement And Trust

If we make any payment and the "insured"

recovers from another party, the "insured" shall hold the proceeds in trust for us and 

pay us back the amount we have paid. 5. Legal Action Against Us is replaced by the 

following:

No lawsuit or action whatsoever or any proceeding in arbitration shall be brought 

against us for the recovery of any claim under the provisions of the Uninsured Motorists Coverage of this Coverage Form unless

the "insured" has satisfied all of the things 

that "insured" is required to do under the 

terms and conditions of this endorsement. 

Any claim or "suit" for Uninsured Motorists 

Coverage must be brought within two (2) 

years of the date of the "accident" causing 

the "bodily injury" or one (1) year after the 

date the liability insurer of the "uninsured

motor vehicle" becomes insolvent, whichever is later. Our subrogation rights also must 

not be prejudiced.

6. The following Condition is added:

Arbitration

a. If we and an "insured" do not agree:

(1) Whether that person is legally entitled to recover damages from a 

party responsible for the "accident"; or

(2) As to the amount of damages that 

may be recovered;

the matter may be settled by arbitration. However, disputes concerning coverage under this endorsement may not 

be arbitrated.

The "insured" and we must mutually

agree to arbitrate the disagreements. If 

the "insured" and we do not agree to 

arbitrate, then the disagreement will be 

resolved in a court having competent 

jurisdiction.

If arbitration is used, each party will select an arbitrator. The two arbitrators

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will select a third. If they cannot agree 

within 45 days as to the third arbitrator, 

either may request that selection be 

made by a judge of a court having jurisdiction. Each party will:

(1) Pay the expenses it incurs; and

(2) Bear the expenses of the third arbitrator equally.

b. Unless both parties agree otherwise, 

arbitration will take place in the county

in which the "insured" lives. If arbitration

is submitted to the American Arbitration

Association, then the American Arbitration Association rules shall apply to all 

matters except medical opinions. As to 

medical opinions, if the amount of 

damages being sought:

(1) Is equal to or less than the minimum limit for "bodily injury" liability 

specified by the Illinois Safety Responsibility Law, then the American

Arbitration Association rules shall 

apply.

(2) Exceeds the minimum limit for "bodily injury" liability specified by 

the Illinois Safety Responsibility 

Law, then the rules of evidence 

that apply in the circuit court for

placing medical opinions into evidence shall apply.

In all other arbitration proceedings, local rules of law as to arbitration procedure and evidence will apply. A decision 

agreed to by two of the arbitrators will 

be binding as to the amount of damages not exceeding the lesser of either:

(1) $75,000 for "bodily injury" to any 

one person/$150,000 for "bodily injury" to two or more persons

caused by any one "accident"; or

(2) The Limit of Uninsured Motorists

Insurance shown in the Schedule 

or Declarations. F. Additional Definitions

As used in this endorsement:

1. "Family member" means a natural person 

who is related to and is a resident of the 

same household as a natural person shown 

as a Named Insured on this endorsement. 

Such relation may be by blood, marriage or 

adoption and may include a ward or foster 

child. 2. "Motor vehicle" means a self-propelled vehicle designed for use and principally used on 

public roads, including an automobile, truck, semi-tractor, motorcycle and bus. "Motor 

vehicle" also includes a motor home, provided the motor home is not stationary and 

is not being used as a temporary or permanent residence or office. "Motor vehicle" does not include a trolley, streetcar, "trailer", railroad engine, railroad car, motorized bicy- cle, golf cart, off-road recreational vehicle, snowmobile, fork lift, aircraft, watercraft, 

construction equipment, farm tractor or other vehicle designed and principally used for 

agricultural purposes, mobile home, vehicle

traveling on treads or rails or any similar vehicle.

3. "Occupying" means in, upon, getting in, on, 

out or off.

4. "Uninsured motor vehicle" means a land "motor vehicle" or "trailer":

a. For which no liability bond or policy applies at the time of an "accident". b. For which an insuring or bonding company denies coverage or is or becomes 

insolvent.

c. That is a hit-and-run vehicle and neither 

the operator nor owner can be identified. The vehicle must either:

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

or a vehicle an "insured" is "occupying"; or

(2) Cause "bodily injury" to an "insured" without hitting an "insured", 

a covered "auto" or a vehicle an "insured" is "occupying". 

We will only accept competent evidence which may include the testimony, under oath, of a person making claim 

under this or similar coverage.

However, "uninsured motor vehicle" does 

not include any "motor vehicle":

a. Owned or operated by a self-insurer 

under any applicable motor vehicle law, 

except a self-insurer who is or becomes insolvent and cannot provide the 

amounts required by that motor vehicle

law.

b. Owned by any governmental unit or 

agency.

c. Designed for use mainly off public

roads while not on public roads. d. Owned by or furnished or available for 

your regular use or that of any "family

member" or any other "insured". e. For which liability coverage is afforded

under this Coverage Form.

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THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

ILLINOIS UNDERINSURED MOTORISTS COVERAGE

Throughout this endorsement "you" and "your" refer to the organization(s) and a natural person(s) shown as a

Named Insured on this endorsement. "You" and "your" do not refer to any other person(s) or organization(s), 

including but not limited to agents, employees, servants, members, shareholders or independent contractors of 

any person or organization shown as a Named insured on this endorsement.

For a covered "auto" licensed or principally garaged in, or "garage operations" conducted in Illinois, this endorsement modifies insurance provided under the following:

BUSINESS AUTO COVERAGE FORM

GARAGE COVERAGE FORM

MOTOR CARRIER COVERAGE FORM

TRUCKERS COVERAGE FORM

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

modified by this endorsement.

This endorsement changes the Coverage Form effective on the effective date of the Coverage Form unless

another date is indicated below.

Endorsement Effective: Policy Number:

Named Insured:

SCHEDULE

Limit of Liability

$ Each Accident

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

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

unless modified by the endorsement.

A. Coverage

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

entitled to recover as compensatory damages from the owner or operator of an "underinsured motor vehicle". The damages 

must result from "bodily injury" sustained by 

the "insured" caused by an "accident". The 

owner's or operator's liability for these damages must result from the ownership, maintenance or use of the "underinsured motor 

vehicle". The "insured" shall be required to 

prove all elements of the "insured's" claim 

that are necessary to recover from the 

owner or operator of the "underinsured" motor vehicle". 

2. We will pay under this endorsement only if 

a. or b. below applies:

a. The limits of insurance under all applicable liability bonds or policies have 

been partially or fully exhausted by

payment of judgments or settlements; 

or

b. A "tentative settlement" has been made 

between an "insured" and a person(s) 

or organization(s) who may be legally

responsible for the "accident", or the insurer and legal representative of such

person(s) or organization(s) and we:

(1) Have been given a prompt written 

notice of such settlement and advance payment to the "insured" 

equal to the "tentative settlement" 

within 30 days after receipt of notification; or

(2) We and an "insured" have reached 

a "settlement agreement".

3. Any judgment for damages arising out of a "suit" brought without our written consent to 

both the "suit" and the judgment is not binding on us.

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B. Who is an Insured

The following are "insureds":

1. If any natural persons are specifically listed 

as a Named Insured on this endorsement, 

the following persons are "insureds":

a. Natural persons specifically listed as a 

Named Insured on this endorsement;

b. "Family members" of natural persons

specifically listed as a Named Insured

on this endorsement;

c. Any natural person, but only for injuries

that occur while "occupying" an "auto"

for which coverage is provided in the 

Coverage Form or a temporary substitute for such covered "auto". In such 

case, the covered "auto" must be out of

service because of its break down, repair, servicing, "loss" or destruction; 

and

d. Any natural person, but only for damages he or she is entitled to recover 

because of "bodily injury" sustained by

an "insured" described in Paragraphs

B.1.a., b. or c.

2. If an entity other than a natural person is 

listed as the Named Insured on this endorsement, and no natural persons are 

listed as Named Insureds in the Declarations, the following persons are "insureds":

a. Any natural person, but only for injuries

that occur while "occupying" an "auto"

for which coverage is provided in the 

Coverage Form or a temporary substitute for such covered "auto". In such 

case, the covered "auto" must be out of 

service because of its break down, repair, servicing, "loss" or destruction. b. Any natural person is an "insured", but 

only for damages he or she is entitled 

to recover because of "bodily injury"

sustained by an "insured" described in 

Paragraph B.2.a. C. Exclusions

This insurance does not apply to any of the following:

1. Any claim settled with the person(s) or organization(s) legally responsible for the "accident" or the insurer or legal representative 

of such person(s) or organization(s) without 

our consent.

2. The direct or indirect benefit of any insurer 

under any personal injury protection, work- ers' compensation, disability benefits, pension statutes or similar law.

3. "Bodily injury" sustained by an "insured" while the "insured" is operating or "occupying" a "motor vehicle" owned by, furnished 

to, or available for the regular use of a 

Named Insured or, if the Named Insured is 

a natural person, a spouse or a resident 

relative of such Named Insured, if the "motor vehicle" is not specifically identified in the 

Coverage Form or is not a newly acquired

or replacement "motor vehicle" covered under the terms of the Coverage Form. 4. "Bodily injury" suffered by any person while 

operating or "occupying" a "motor vehicle" without reasonable belief that he or she is 

entitled to do so.

5. Punitive or exemplary damages. D. Limit of Insurance

1. Regardless of the number of policies, covered "autos", "insureds", premiums paid, 

claims-made or vehicles involved in the "accident", the most we will pay for all damages, including, but not as a separate claim, 

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

due to and arising out of any one "accident"

is the limit of Underinsured Motorists 

Coverage shown in the Schedule or the

Declarations. 2. Except in the event of a "settlement agreement", the limit of insurance provided in this 

endorsement shall be reduced by all sums 

available for payment:

a. To the "insured" for "bodily injury" under

all liability bonds or policies covering 

persons or organizations legally liable 

for the "accident". b. Under any automobile medical pay- ments coverage. However, the limit of 

insurance provided in this endorsement 

shall not be reduced by any sums paid 

or payable under Social Security disability benefits. No one will be entitled to receive duplicate 

payments for the same elements of "loss" 

under this endorsement and any Liability

Coverage Form. We will not make duplicate payment under 

this endorsement for element of "loss" for 

which payment has been made by or for 

anyone who is legally liable. We will not pay for any element of "loss" if a

person is entitled to receive payment for the 

same element of "loss" under any personal 

injury protection, workers' compensation, 

disability benefits, pension statutes or similar law, including medical payments made 

under any statute

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3. In the event of a "settlement agreement", 

the maximum limit of insurance provided in 

this endorsement shall be the amount by

which the limit of insurance provided in this 

endorsement exceeds the limits of bodily injury liability bonds or policies applicable to 

the owner or operator of the "underinsured 

motor vehicle".

E. Changes in Conditions

The Conditions for Illinois Underinsured Motorists Coverage are changed as follows:

1. With respect to an "underinsured motor vehicle", the Other Insurance Condition in 

the Business Auto and Garage Coverage 

Forms and Other Insurance Primary and

Excess Insurance Provisions in the Truck- ers and Motor Carrier Coverage Forms are 

replaced by the following:

If there is other applicable insurance available under one or more policies or provisions of coverage:

a. The maximum recovery under all coverage forms or policies combined may

equal but not exceed the highest applicable limit for any one vehicle under 

any coverage form or policy providing 

coverage on either a primary or excess

basis.

b. Any insurance we provide with respect 

to a vehicle you do not own shall be excess over any other collectible underinsured motorists insurance. We will pay

only the amount by which the limit of insurance for this coverage exceeds the 

limits of such other insurance. c. If the coverage under this endorsement 

is provided:

(1) On a primary basis, we will pay 

only our share of the "loss" that 

must be paid under insurance providing coverage on a primary basis. Our share is the proportion that

our limit of insurance bears to the 

total of all applicable limits of insurance for coverage on a primary 

basis.

(2) On an excess basis, we will pay 

only our share of the "loss" that 

must be paid under insurance providing coverage on an excess basis. Our share is the proportion that 

our limit of insurance bears to the 

total of all applicable limits of insurance for coverage on an excess

basis.

2. Duties in the Event of Accident, Claim, 

Suit or Loss is changed by adding the following:

a. A person seeking Underinsured Motorists Coverage must promptly notify us

in writing of a "tentative settlement" between the "insured" and a person(s) or 

organization(s) who may be legally responsible for the "accident", or the insurer or legal representative of such 

person(s) or organization(s) and allow

us 30 days to advance payment to that "insured" in an amount equal to the "tentative settlement" to preserve our 

rights against the person(s) or organization(s) who may be legally responsible for the "accident", or the insurer or 

legal representative of such person(s) 

or organization(s).

b. File "suit" against the person(s) or organization(s) who may be legally responsible for the "accident" or the insurer or legal representative of such 

person(s) or organization(s), prior to the

conclusion of a "settlement agreement". 

Such "suit" cannot be abandoned or

settled without giving us notice in writing of a "tentative settlement" between 

the "insured" and a person(s) or organization(s) who may be legally responsible for the "accident", or the insurer or 

legal representative of such person(s) 

or organization(s) and allowing us 30 

days to advance payment to that "insured" in an amount equal to that settlement to preserve our rights against 

the person(s) or organization(s) who 

may be legally responsible for the "accident", or the insurer or legal representative of such person(s) or organization(s);

c. You or any other involved "insured" must promptly send us copies of the legal papers if a "suit" is brought; and

d. You and any other involved "insured" 

must cooperate with us in the investigation, settlement or defense of the claim 

or "suit". Cooperation includes, but is

not limited to, identifying all parties who 

may be responsible for the "accident" and all insurers who may be obligated

to provide coverage. 3. The following is added to Transfer of 

Rights of Recovery Against Others to Us:

Transfer of Rights of Recovery Against 

Others to Us does not apply to damages

caused by an "accident" with an "underinsured motor vehicle" if we:

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a. Have been given prompt written notice 

of a "tentative settlement" between an "insured" and a person(s) or organization(s) who may be legally responsible 

for the "accident", or the insurer or legal

representative of such person(s) or organization(s); and

b. Fail to advance payment to the "insured" in an amount equal to the "tentative settlement" within 30 days after receipt of notification.

If we advance payment to the "insured" in 

an amount equal to the "tentative settlement" within 30 days after receipt of notification:

a. That payment will be separate from any

amount the "insured" is entitled to recover under the provisions of Underinsured Motorists Coverage; and

b. We also have a right to recover the advanced payment.

However, in the event of a "settlement 

agreement", we shall be entitled to recover 

only for amounts which exceed the limit of 

bodily injury liability bonds or policies applicable to the owner or operator of the "underinsured motor vehicle".

4. The following Condition is added:

Reimbursement And Trust

If we make any payment and the "insured"

recovers from another party, the "insured" shall hold the proceeds in trust for us and 

pay us back the amount we have paid. However, in the event of a "settlement 

agreement", we shall be entitled to recover 

only for amounts which exceed the limit of 

bodily injury liability bonds or policies applicable to the owner or operator of the "underinsured motor vehicle".

5. Legal Action Against Us is replaced by the 

following:

No lawsuit or action whatsoever or any proceeding in arbitration shall be brought 

against us for the recovery of any claim under the provisions of the Underinsured Motorists Coverage of this Coverage Form 

unless the "insured" has satisfied all of the 

things that "insured" is required to do under 

the terms and conditions of this endorsement. Any claim or "suit" for Underinsured 

Motorists Coverage must be brought within 

two (2) years of the date of the "accident"

causing the "bodily injury" or one (1) year after the date the liability insurer of the "uninsured motor vehicle" becomes insolvent, 

whichever is later. Our subrogation rights 

also must not be prejudiced.

6. The following Condition is added:

Arbitration

a. If we and an "insured" do not agree:

(1) Whether that person is legally entitled to recover damages from a

party responsible for the "accident"; or

(2) As to the amount of damages that 

may be recovered;

the matter may be settled by arbitration. However, disputes concerning coverage under this endorsement may not 

be arbitrated. The "insured" and we must mutually 

agree to arbitrate the disagreements. If 

the "insured" and we do not agree to 

arbitrate, then the disagreement will be 

resolved in a court having competent 

jurisdiction.

If arbitration is used, each party will select an arbitrator. The two arbitrators 

will select a third. If they cannot aggress within 45 days as to the third arbitrator, either may request that selection 

be made by a judge of a court having 

jurisdiction. Each party will:

(1) Pay the expenses it incurs; and

(2) Bear the expenses of the third arbitrator equally.

b. Unless both parties agree otherwise, 

arbitration will take place in the county

in which the "insured" lives. Local rules

of law as to arbitration procedures and 

evidence will apply. A decision agreed 

to by two of the arbitrators will be binding as to:

(1) Whether the "insured" is legally entitled to recover damages from a 

party responsible for the "accident"; and

(2) The amount of damages. F. Additional Definitions

As used in this endorsement:

1. "Family member" means a natural person 

who is related to and is a resident of the 

same household as a natural person shown 

as a Named Insured on this endorsement. 

Such relation may be by blood, marriage or 

adoption, and may include a ward or foster 

child. 2. "Motor vehicle" means a self-propelled vehicle designed for use and principally used on 

public roads, including an automobile, truck, 

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semi-tractor, motorcycle and bus. "Motor 

vehicle" also includes a motor home, provided the motor home is not stationary and 

is not being used as a temporary or permanent residence or office. "Motor vehicle" 

does not include a trolley, streetcar, "trailer", railroad engine, railroad car, motorized bicy- cle, golf cart, off-road recreational vehicle, snowmobile, fork lift, aircraft, watercraft, 

construction equipment, farm tractor or 

other vehicle designed and principally used 

for agricultural purposes, mobile home, vehicle traveling on treads or rails or any similar vehicle. 3. "Occupying" means in, upon, getting in, on, 

out or off.

4. "Settlement agreement" means we and an "insured" agree that the "insured" is legally

entitled to recover, from the person(s) or organization(s) who may be legally responsible for the "accident", or the legal representative of such person(s) or organization(s), 

damages for "bodily injury" and, without arbitration, agree also as to the amount of

damages. Such agreement is final and binding regardless of any subsequent judgment 

or settlement reached by the "insured" with 

the person(s) or organization(s) who may be 

legally responsible for the "accident", or the 

legal representative of such person(s) or organization(s),.

5. "Tentative settlement" means an offer from 

the person(s) or organization(s) who may be 

legally responsible for the "accident", or the 

legal representative of such person(s) or organization(s), to compensate an "insured"

for damages incurred because of "bodily injury" sustained in an "accident" involving an

"underinsured motor vehicle".

6. "Underinsured motor vehicle" means a land "motor vehicle" or "trailer" of any type for 

which the sum of the limits of coverage 

available for payment to the "insured" under 

all liability bonds or policies covering person(s) or organization(s) liable to the "insured" at the time of an "accident" are less 

than the Limit of Insurance for this coverage

or reduced by payments to others injured in 

the accident to an amount which is less than 

the Limit of Insurance for this coverage. 

However, "underinsured motor vehicle" does not include any "motor vehicle":

a. Owned or operated by any self-insurer 

under any applicable motor vehicle law, 

except a self-insurer who is or becomes insolvent and cannot provide the 

amount required by that motor vehicle 

law.

b. Owned by any governmental unit or 

agency.

c. Designed for use mainly off public

roads while not on public roads. d. Which is an "uninsured motor vehicle".

e. Owned by, furnished or available for the 

regular use of any "insured", other than 

the named insured, or a "family member" of a named insured.

f. For which liability coverage is afforded 

under this Coverage Form.

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THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

ILLINOIS CHANGES

For a covered "auto" licensed or principally garaged in Illinois, this endorsement modifies insurance provided

under the following:

BUSINESS AUTO COVERAGE FORM

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

modified by the endorsement.

A. Changes in Liability Coverage

1. Paragraph A.1.b.(3) of the Who is an Insured provision does not apply.

2. Our Limit of Insurance applies except 

that we will apply the limit shown in the 

Declarations to first provide the separate 

limits required by the Illinois Safety Responsibility Law as follows:

a. $25,000 for "bodily injury" to any one

person caused by any one "accident",

b. $50,000 for "bodily injury" to two or

more persons caused by any one "accident", and

c. $20,000 for "property damage" 

caused by any one "accident".

This provision will not change our total Limit 

of Insurance.

B. Changes in Physical Damage Coverage

The following is added to the Limit of Insurance provision with respect to repair or replacement resulting in better than like kind or 

quality and supercedes any provision to the 

contrary:

3. We may deduct for betterment if:

a. The deductions reflect a measurable 

decrease in market value attributable 

to the poorer condition of, or prior 

damage to, the vehicle.

b. The deductions are for prior wear and 

tear, missing parts and rust damages

that is reflective of the general overall 

condition of the vehicle considering 

its age. In this event, deductions may 

not exceed $500.

C. Changes in Conditions

The Other Insurance condition is changed by 

the addition of the following:

Liability Coverage provided by this Coverage 

Form for any "auto" you do not own is primary

if:

1. The "auto" is owned or held for sale or 

lease by a new or used vehicle dealership;

2. The "auto" is operated by an "insured" with the permission of the dealership described in Paragraph 1. while your "auto"

is being repaired or evaluated; and

3. The Limit of Insurance for Liability Coverage under this policy is at least:

a. $100,000 for "bodily injury" to any one 

person caused by any one "accident",

b. $300,000 for "bodily injury" to two or 

more persons caused by any one "accident", and

c. $50,000 for "property damage" 

caused by any one "accident".

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AA 4168 IL 01 15

UNINSURED/UNDERINSURED MOTORISTS

PROTECTION OPTION SELECTION FORM - ILLINOIS

The laws of Illinois require that automobile liability insurance policies offer Uninsured/Underinsured Motorists 

Coverage limits equal to the Bodily Injury Limits of the policy to which the coverage attaches. You may, 

however, select coverage at a lower limit. YOU ARE ELECTING TO PURCHASE UNINSURED MOTORISTS LIMITS LESS THAN YOUR BODILY

INJURY LIABILITY LIMITS WHEN YOU SIGN THIS FORM.

Uninsured Motorists Coverage provides for payment of certain benefits for damages caused by owners or 

operators of uninsured motor vehicles because of bodily injury or death resulting therefrom.

Underinsured Motorists Coverage provides for payment of certain benefits for damages caused by owners or

operators of underinsured motor vehicles because of bodily injury or death resulting therefrom. An Underinsured motor vehicle is a vehicle to which a bodily injury policy or bond applies at the time of the

accident but its limit for bodily injury liability is less than the limit of liability for this coverage.

Such benefits may include payments for certain medical expenses, lost wages and pain and suffering, subject

to limitations and conditions in the policy.

Uninsured/Underinsured Motorist options are available for a modest premium: PLEASE CONTACT YOUR 

AGENT for the exact cost.

PLEASE SELECT ONE OF THE FOLLOWING:

I select Uninsured/Underinsured Motorists Coverage at the following limits which are lower than the

Bodily Injury Liability Limits of my policy.

Thousand Dollars

Split Limit Single Limit

LIMITS OF LIABILITY  ̈ *25/50  ̈ 50*  ̈ 50/100  ̈ 100

 ̈ 100/300  ̈ 300

 ̈ Other  ̈ Other

Attached to and forming a part of Policy Number and any subsequent renewals, reinstatements, reissuance, replacements, substitutions or amendments of my policy unless I request 

otherwise in writing

I intend that my selection will apply to me and all other persons or organizations that may be eligible for

coverage under this policy.

DATE

INSURED'S SIGNATURE

NOTE: A. *Underinsured Motorist Coverage does not apply unless Uninsured Motorist Coverage limits

exceed the minimum Financial Responsibility Limits of $25,000 each person/$50,000 each 

occurrence or $50,000 Single Limit Liability.

B. Please refer to form AA 4046 IL for information regarding "Uninsured Motorist Property Damage".

EBA 049 72 16

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AA 4263 IL 04 10

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. OFFICE OF FOREIGN ASSETS CONTROL (OFAC)

COMPLIANCE ENDORSEMENT

This endorsement modifies insurance provided under the following:

BUSINESS AUTO COVERAGE FORM

GARAGE COVERAGE FORM

SECTION IV - BUSINESS AUTO CONDITIONS, B. General Conditions of the BUSINESS AUTO

COVERAGE FORM and SECTION V - GARAGE CONDITIONS, B. General Conditions of the GARAGE

COVERAGE FORM are amended to include the following:

Office of Foreign Assets Control (OFAC) Compliance

Whenever insurance coverage provided by this policy would be in violation of any United States economic or 

trade sanctions, such insurance coverage will not be provided under this policy.

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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:

BUSINESS AUTO COVERAGE FORM

BUSINESS AUTO PHYSICAL DAMAGE COVERAGE FORM

GARAGE COVERAGE FORM

MOTOR CARRIER COVERAGE FORM

TRUCKERS COVERAGE FORM

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

modified by the endorsement.

A. The Cancellation Common Policy Condition is

replaced by the following:

CANCELLATION

a. The first Named Insured shown in the Declarations may cancel this policy by mailing

us advance written notice of cancellation.

b. When this policy is in effect 61 days or more

or is a renewal or continuation policy, we

may cancel only for one or more of the following reasons by mailing you written notice

of cancellation stating the reasons for cancellation.

(1) Nonpayment of premium.

(2) The policy was obtained through a material misrepresentation.

(3) Any "insured" has violated any of the

terms and conditions of the policy.

(4) The risk originally accepted has

measurably increased.

(5) 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.

(6) A determination by the Director of Insurance that the continuation of the

policy could place us in violation of the

Illinois insurance laws.

c. If we cancel for nonpayment of premium,

we will mail you at least 10 days written notice.

d. If this policy is cancelled for other than nonpayment of premium and the policy is in effect:

(1) 60 days or less, we will mail you at

least 30 days written notice.

(2) 61 days or more, we will mail you at

least 60 days written notice.

e. If this policy in cancelled, we will send you

any premium refund due. If we cancel, the

refund will be pro rata. If you cancel, the refund may be less than pro rata. The cancellation will be effective even if we have not

made or offered a refund.

f. The effective date of cancellation stated in

the notice shall become the end of the policy period.

g. Our notice of cancellation will state the reason for cancellation.

h. A copy of the notice will also be sent to your

agent or broker and the loss payee.

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, your agent or broker and the

loss payee written notice, stating the reason for

nonrenewal, at least 60 days before the end of

the policy period. 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. Mailing of Notices

We will mail cancellation and nonrenewal notices to the last addresses known to us. Proof

of mailing will be sufficient proof of notice.

CA 02 70 08 94 Copyright, Insurance Services Office, Inc., 1994

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THIS COVERAGE PART PROVIDES CLAIMS-MADE COVERAGE, WHICH APPLIES 

ONLY TO "CLAIMS" FIRST MADE DURING THE "POLICY PERIOD" OR ANY 

APPLICABLE EXTENDED REPORTING PERIOD. THE LIMIT OF INSURANCE TO PAY 

DAMAGES OR SETTLEMENTS WILL BE REDUCED AND MAY BE EXHAUSTED BY

"DEFENSE COSTS", AND "DEFENSE COSTS" WILL BE APPLIED AGAINST THE

DEDUCTIBLE. IN NO EVENT WILL WE BE LIABLE FOR "DEFENSE COSTS" OR THE 

AMOUNT OF ANY JUDGMENT OR SETTLEMENT IN EXCESS OF THE LIMIT OF

INSURANCE. READ THE ENTIRE POLICY CAREFULLY.

Attached to and forming part of POLICY NUMBER: Effective Date

A Stock Insurance Company

CINCINNATI DATA DEFENDERTM COVERAGE PART

DECLARATIONS

THE CINCINNATI INSURANCE COMPANY

EPP 049 72 16 07-20-2019

Named Insured is the same as it appears in the Common Policy Declarations unless another entry is made 

here. 

Retroactive Date:

Limits of Insurance and Deductible

Insuring Agreement

Annual

Aggregate Sublimit Deductible

A Response Expenses $ $

Forensic IT Review $

Legal Review $

PR Services $

B Defense and Liability $ $

Regulatory Fines and

Penalties

$

PCI Fines and

Penalties

$

C Identity Recovery $ $

Lost Wages and

Child and Elder Care

$

Mental Health

Counseling

$

Miscellaneous

Unnamed Costs

$

TOTAL ANNUAL PREMIUM $

07-20-2018

50,000 1,000

25,000

25,000

25,000

50,000 1,000

25,000

25,000

25,000 250

5,000

1,000

1,000

143

mi

me

Per um

O nta ded R ng

Pre

ti - :me ten

iod

O l Supple l Ex epor

- plerm:

l Sup t

Period Te

ptiona ntal Extended Repor ing ptiona

1 YEAR 28

2 YEAR 56

3 YEAR 74

4 YEAR 93

5 YEAR 102

6 YEAR 111

FORMS AND/OR ENDORSEMENTS APPLICABLE TO THIS COVERAGE PART:

HC102 01/18 CINCINNATI DATA DEFENDERTM COVERAGE FORM

HC460IL 01/18 ILLINOIS CHANGES - CINCINNATI DATA DEFENDERTM COVERAGE PART

HC 502 01 18 Page of

EPP 049 72 16

 1 2

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HC 502 01 18 Page of

EPP 049 72 16

 2 2

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CINCINNATI DATA DEFENDERTM COVERAGE FORM

TABLE OF CONTENTS

Coverage Part Provision: Begins on Page:

Preamble.......................................................................................................................................................3

SECTION I - COVERAGES...........................................................................................................................3

A. Insuring Agreements............................................................................................................................3

1. Insuring Agreement A - Response Expenses ............................................................................3

2. Insuring Agreement B - Defense and Liability...........................................................................5

3. Insuring Agreement C - Identity Recovery .................................................................................5

B. Exclusions ............................................................................................................................................5

1. Applicable to Insuring Agreements A and B...................................................................................5

a. Contractual Liability ..............................................................................................................5

b. Criminal Investigations or Proceedings..............................................................................5

c. Deficiency Correction............................................................................................................5

d. Extortion.................................................................................................................................6

e. Fraudulent, Dishonest or Criminal Acts..............................................................................6

f. Non-monetary Relief..............................................................................................................6

g. Previously Reported Data Compromises............................................................................6

h. Prior Data Compromises.......................................................................................................6

i. Prior or Pending Litigation ...................................................................................................6

j. Reckless Disregard ...............................................................................................................6

k. Uninsurable............................................................................................................................6

l. Willful Complicity...................................................................................................................6

2. Applicable to Insuring Agreement C................................................................................................6

a. Fraudulent, Dishonest or Criminal Acts..............................................................................6

b. Professional or Business Identity........................................................................................6

c. Unreported Identity Theft......................................................................................................6

3. Applicable to Insuring Agreements A, B and C...............................................................................6

a. Nuclear....................................................................................................................................6

b. War..........................................................................................................................................6

SECTION II - LIMITS OF INSURANCE AND DEDUCTIBLE .......................................................................7

SECTION III - DEFENSE AND SETTLEMENT.............................................................................................8

SECTION IV - CONDITIONS ........................................................................................................................8

1. Bankruptcy ....................................................................................................................................8

2. Due Diligence ................................................................................................................................8

3. Duties in the Event of a Claim, Regulatory Proceeding or Loss..............................................9

4. Help Line......................................................................................................................................10

5. Legal Action Against Us.............................................................................................................10

6. Legal Advice................................................................................................................................10

7. Liberalization...............................................................................................................................10

8. Office of Foreign Assets Control (OFAC) Compliance............................................................11

9. Other Insurance...........................................................................................................................11

10. Pre-Notification Consultation ....................................................................................................11

11. Representations..........................................................................................................................11

12. Separation of Insureds...............................................................................................................11

13. Service Providers........................................................................................................................11

14. Services .......................................................................................................................................11

15. Subrogation.................................................................................................................................12

16. Valuation - Settlement ................................................................................................................12

17. When We Do Not Renew ............................................................................................................12

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TABLE OF CONTENTS (CONT'D)

Coverage Part Provision: Begins on Page:

SECTION V - EXTENDED REPORTING PERIODS...................................................................................12

SECTION VI - DEFINITIONS......................................................................................................................13

1. "Affected individual".......................................................................................................................13

2. "Authorized representative"...........................................................................................................13

3. "Claim"..........................................................................................................................................13

4. "Coverage term"............................................................................................................................13

5. "Coverage territory".......................................................................................................................14

6. "Data compromise liability"............................................................................................................14

7. "Defense costs".............................................................................................................................14

8. "Employee"....................................................................................................................................14

9. "Executive"....................................................................................................................................15

10. "Identity recovery case manager"..................................................................................................15

11. "Identity recovery expenses".........................................................................................................15

12. "Identity recovery insured".............................................................................................................16

13. "Identity theft"................................................................................................................................16

14. "Insured"........................................................................................................................................16

15. "Loss"............................................................................................................................................16

16. "Named insured"...........................................................................................................................16

17. "Personal data compromise".........................................................................................................16

18. "Personally identifying information"...............................................................................................17

19. "Personally sensitive information".................................................................................................17

20. "Policy period"...............................................................................................................................17

21. "Regulatory proceeding"................................................................................................................17

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CINCINNATI DATA DEFENDERTM COVERAGE FORM

THIS COVERAGE PART PROVIDES CLAIMS-MADE COVERAGE, WHICH APPLIES ONLY TO "CLAIMS" FIRST MADE DURING THE "POLICY PERIOD" OR ANY APPLICABLE EXTENDED REPORTING PERIOD. 

THE LIMIT OF INSURANCE TO PAY DAMAGES OR SETTLEMENTS WILL BE REDUCED AND MAY BE 

EXHAUSTED BY "DEFENSE COSTS", AND "DEFENSE COSTS" WILL BE APPLIED AGAINST THE DEDUCTIBLE. IN NO EVENT WILL WE BE LIABLE FOR "DEFENSE COSTS" OR THE AMOUNT OF ANY 

JUDGMENT OR SETTLEMENT IN EXCESS OF THE LIMIT OF INSURANCE. READ THE ENTIRE POLICY

CAREFULLY.

Various provisions in this Coverage Part restrict 

coverage. Read the entire Coverage Part carefully 

to determine rights, duties and what is and is not 

covered. Throughout this Coverage Part 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 VI - Definitions. SECTION I - COVERAGES

A. Insuring Agreements

Coverage is provided under the following Insuring Agreements for which an Aggregate 

Limit of Insurance is shown in the Declarations:

1. Insuring Agreement A - Response Expenses

a. Coverage under Insuring Agreement 

A - Response Expenses applies only 

if all of the following conditions are

met:

(1) There has been a "personal data 

compromise"; and

(2) Such "personal data compromise" is first discovered by you 

during the "coverage term"; and

(3) Such "personal data compromise" took place in the "coverage territory"; and

(4) Such "personal data compromise" is reported to us within 60 

days after the date it is first discovered by you.

b. If the conditions listed in a. above

have been met, then we will provide 

coverage for the following expenses

when they arise directly from the "personal data compromise" described in a. above and are necessary and reasonable. Coverages (4)

and (5) apply only if there has been a 

notification of the "personal data

compromise" to "affected individuals" as covered under coverage (3).

(1) Forensic IT Review

Professional information technologies review if needed to determine, within the constraints of

what is possible and reasonable, 

the nature and extent of the

"personal data compromise" and

the number and identities of the

"affected individuals". This does not include costs to

analyze, research or determine

any of the following:

(a) Vulnerabilities in systems,

procedures or physical security;

(b) Compliance with PCI or other industry security standards; or

(c) The nature or extent of loss

or damage to data that is

not "personally identifying information" or "personally 

sensitive information".

If there is reasonable cause to

suspect that a covered "personal 

data compromise" may have occurred, we will pay for costs covered under Forensic IT Review, 

even if it is eventually determined that there was no covered

"personal data compromise". However, once it is determined

that there was no covered "personal data compromise", we will 

not pay for any further costs.

(2) Legal Review

Professional legal counsel review of the "personal data compromise" and how you should

best respond to it. If there is reasonable cause to suspect that a

covered "personal data compromise" may have occurred, we

will pay for costs covered under 

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Legal Review, even if it is eventually determined that there was 

no covered "personal data compromise". However, once it is determined that there was no covered "personal data compromise", we will not pay for any further costs.

(3) Notification to Affected Individuals

We will pay your necessary and

reasonable costs to provide notification of the "personal data 

compromise" to "affected individuals".

(4) Services to Affected Individuals

We will pay your necessary and

reasonable costs to provide the

following services to "affected 

individuals":

(a) The following services apply 

to any "personal data compromise". 1) Informational Materials

A packet of loss prevention and customer 

support information.

2) Help Line

A toll-free telephone

line for "affected individuals" with questions

about the "personal data compromise". Where 

applicable, the line can 

also be used to request 

additional services as 

listed in (b)1) and 2)

below.

Note, calls by "affected 

individuals" or their representatives to the Help 

Line do not constitute 

the making of a "claim" under Insuring Agreement B - Defense and

Liability.

(b) The following additional services apply to "personal data compromise" events involving "personally identifying information". 1) Credit Report and 

Monitoring

A credit report and an 

electronic service automatically monitoring 

for activities affecting

an individual's credit 

records. This service is 

subject to the "affected 

individual" enrolling for

this service with the 

designated service provider.

2) Identity Restoration

Case Management

As respects any "affected individual" who is

or appears to be a victim of "identity theft"

that may reasonably

have arisen from the "personal data compromise", the services

of an identity restoration

professional who will 

assist that "affected individual" through the

process of correcting 

credit and other records

and, within the constraints of what is possible and reasonable, 

restoring control over 

his or her personal 

identity.

(5) PR Services

We will pay the necessary and

reasonable fees and expenses

you incur, with our prior written

consent, for a professional public

relations firm review of and response to the potential impact of

the "personal data compromise" on your business relationships. We will only pay for such fees

and expenses when such a public relations firm review and response is reasonably necessary

to avert or mitigate material 

damage to your business relationships from the "personal data

compromise". Such fees and expenses include

costs to implement public relations recommendations of such

public relations firm. However, 

when such recommendations include advertising and special 

promotions designed to retain

your relationship with "affected 

individuals", we will not pay for 

promotions:

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(a) Provided to any of your "executives" or "employees"; or

(b) Costing more than $25 per "affected individual". 2. Insuring Agreement B - Defense and

Liability

a. Coverage under Insuring Agreement 

B - Defense and Liability applies only

if all of the following conditions are 

met:

(1) During the "coverage term" or 

any applicable Extended Reporting Period, you first receive notice of a "claim" or "regulatory 

proceeding" which arises from a "personal data compromise"

that:

(a) Took place on or after the

Retroactive Date shown in

the Declarations and before

the end of the "policy period";

(b) Took place in the "coverage 

territory"; and

(c) Was submitted to us and 

covered under Insuring

Agreement A - Response 

Expenses; and

(2) Such "claim" or "regulatory proceeding" is reported to us as 

soon as practicable, but in no

event more than 60 days after 

the date it is first received by 

you.

b. If the conditions listed in a.

above have been met, then we

will pay on behalf of the "insured"

"defense costs" and "data compromise liability" directly arising 

from the "claim" or "regulatory 

proceeding". c. All "claims" or "regulatory proceedings" caused by a single "personal 

data compromise" will be deemed to 

have been made at the time that notice of the first of those "claims" or "regulatory proceedings" is received

by you.

3. Insuring Agreement C - Identity Recovery

a. Coverage under Insuring Agreement 

C - Identity Recovery applies only if

all of the following conditions are met:

(1) There has been an "identity

theft" involving the personal

identity of an "identity recovery 

insured" under this Coverage 

Part; and

(2) Such "identity theft" is first discovered by the "identity recovery

insured" during the "coverage 

term"; and

(3) Such "identity theft" took place in 

the "coverage territory"; and

(4) Such "identity theft" is reported 

to us within 60 days after it is

first discovered by the "identity

recovery insured". b. If the conditions listed in a. above

have been met, then we will provide 

the following to the "identity recovery

insured":

(1) Services of an "identity recovery 

case manager" as needed to respond to the "identity theft"; and

(2) Reimbursement of necessary 

and reasonable "identity recovery expenses" incurred as a direct result of the "identity theft". B. Exclusions

1. Applicable to Insuring Agreements A and

B only:

This insurance does not apply to "loss" or "claims" based upon, attributable to or 

arising out of:

a. Contractual Liability

An "insured's" assumption of liability 

by contract or agreement, whether 

oral or written. However, this exclusion shall not apply to:

(1) Any liability that an "insured" would have incurred in the absence of such contract or 

agreement; or

(2) Any PCI fines or penalties explicitly covered under Insuring

Agreement B – Defense and Liability.

b. Criminal Investigations or Proceedings

Any criminal investigations or proceedings.

c. Deficiency Correction

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tems, procedures or physical security 

that may have contributed to a "personal data compromise". d. Extortion

Any extortion or blackmail. This includes, but is not limited to, ransom 

payments and private security assistance. e. Fraudulent, Dishonest or Criminal 

Acts

Any criminal, fraudulent or dishonest 

act, error or omission, or any intentional or knowing violation of the law

by the "insured".

f. Non-monetary Relief

That part of any "claim" seeking any

non-monetary relief. g. Previously Reported Data Compromises

The same facts alleged or contained 

in any "claim" which has been reported, or in any circumstances of which

notice has been given, under any insurance policy of which this Coverage Part is a renewal or replacement. h. Prior Data Compromises

Any "personal data compromise" first

occurring before the Retroactive Date 

shown in the Declarations, or any "claim" arising from a "personal data 

compromise" that first occurred prior 

to the Retroactive Date shown in the 

Declarations.

i. Prior or Pending Litigation

Any "claim" or other proceeding

against an "insured" which was pending or existed prior to the "coverage 

term", or arising out of the same or

substantially the same facts, circumstances or allegations which are the 

subject of, or the basis for, such "claim" or other proceeding.

j. Reckless Disregard

Your reckless disregard for the security of "personally identifying information" or "personally sensitive information" in your care, custody or

control.

k. Uninsurable

Any amount not insurable under applicable law.

l. Willful Complicity

The "insured's" intentional or willful 

complicity in a "personal data compromise". 2. Applicable to Insuring Agreement C only:

This insurance does not apply to:

a. Fraudulent, Dishonest or Criminal 

Acts

Any fraudulent, dishonest or criminal 

act by an "identity recovery insured" or any person aiding or abetting an "identity recovery insured", or by any "authorized representative" of an "identity recovery insured", whether 

acting alone or in collusion with others. However, this exclusion shall not 

apply to the interests of an "identity

recovery insured" who has no

knowledge of or involvement in such 

fraud, dishonesty or criminal act.

b. Professional or Business Identity

The theft of a professional or business identity.

c. Unreported Identity Theft

An "identity theft" that is not reported

in writing to the police.

3. Applicable to Insuring Agreements A, B

and C:

This insurance does not apply to "loss" or "claims" based upon, attributable to or 

arising out of:

a. Nuclear

Nuclear reaction or radiation or radioactive contamination, however 

caused. b. War

(1) War, including undeclared or civil war or civil unrest;

(2) Warlike action by military force, 

including action 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 government authority in

hindering or defending against 

any of these.

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SECTION II - LIMITS OF INSURANCE AND DEDUCTIBLE

A. Insuring Agreement A - Response Expenses:

1. The most we will pay under Insuring 

Agreement A - Response Expenses is the 

Response Expenses Limit of Insurance 

stated in the Declarations. 2. The Response Expenses Limit of Insurance is an annual aggregate limit. This

amount is the most we will pay for the total of all "loss" covered under Insuring 

Agreement A - Response Expenses arising out of all "personal data compromise" events which are first discovered by you 

during the "coverage term". This limit applies regardless of the number of "personal data compromise" events discovered by you during that period. 3. A "personal data compromise" may be 

first discovered by you in one "coverage 

term" but cause covered "loss" in one or 

more subsequent "coverage terms". If so, all covered "loss" arising from such "personal data compromise" will be subject to

the Response Expenses Limit of Insurance applicable to the "coverage term" when the "personal data compromise" was first discovered by you.

4. The most we will pay under Insuring 

Agreement A - Response Expenses for 

Forensic IT Review, Legal Review and PR 

Services coverages for "loss" arising from

any one "personal data compromise" is

the applicable sublimit for each of those 

coverages stated in the Declarations. These sublimits are part of, and not in addition to, the Aggregate Limit of Insurance 

referenced in Paragraph 2. PR Services

coverage is also subject to a limit per "affected individual" as described in Section 

I., A.1.b.(5) PR Services. 5. Coverage for Services to "affected individuals" is limited to costs to provide such 

services for a period of up to one year 

from the date of the notification to the "affected individuals" or the period required 

by law, whichever is longer. Notwithstanding the foregoing, coverage for Identity

Restoration Case Management services

initiated within such period may continue 

for a period of up to one year from the 

date such Identity Restoration Case Management services are initiated.

6. Response Expenses coverage is subject 

to the Response Expenses Deductible 

stated in the Declarations. You shall be 

responsible for such deductible amount 

as respects each "personal data compromise" covered under this Coverage 

Part. We may, at our option, pay any part

or all of the deductible amount in order to 

respond effectively to a "personal data 

compromise" and, upon notification of the

action taken, you shall promptly reimburse 

us for such part of the deductible amount 

as has been paid by us. B. Insuring Agreement B - Defense and Liability:

1. The most we will pay under Insuring 

Agreement B - Defense and Liability (other than post-judgment interest) is the Limit 

of Insurance stated in the Declarations. 2. The Insuring Agreement B - Defense and 

Liability Limit of Insurance is an annual 

aggregate limit. This amount is the most 

we will pay for all "loss" covered under Insuring Agreement B - Defense and Liability (other than post-judgment interest)

arising out of all "claims". 3. The most we will pay under Insuring 

Agreement B – Defense and Liability for "data compromise liability" and "defense 

costs" related to Regulatory Fines and

Penalties and PCI Fines and Penalties

coverages arising from any one "claim" or "regulatory proceeding" is the applicable 

sublimit for each of those coverages stated in the Declarations. These sublimits

are part of, and not in addition to, the

Aggregate Limit of Insurance referenced 

in Paragraph 2.

4. The Defense and Liability Limit of Insurance for the Extended Reporting Periods

(if applicable) shall be part of, and not in 

addition to, the Defense and Liability Limit 

for the immediately preceding "coverage 

term". 5. The Insuring Agreement B - Defense and 

Liability coverage is subject to the Deductible stated in the Declarations. You shall 

be responsible for such deductible 

amount as respects each "claim" or "regulatory proceeding" covered under this

Coverage Part. We may, at our option, 

pay any part or all of the deductible 

amount to defend or effect settlement of 

any "claim", "loss" or "regulatory proceeding" and, upon notification of the action

taken, you shall promptly reimburse us for 

such part of the deductible amount as has

been paid by us. C. Insuring Agreement C - Identity Recovery:

1. Case Management Service is available as

needed for any one "identity theft" for up 

to 12 consecutive months from the inception of the service. Expenses we incur to 

provide Case Management Service do not 

reduce the Limit of Insurance available for "identity recovery expenses".

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2. Coverage under Insuring Agreement C -

Identity Recovery is subject to the Annual 

Aggregate Limit of Insurance stated in the 

Declarations per "identity recovery insured". Regardless of the number of "identity theft" incidents, this limit is the

most we will pay for the total of all "loss" arising out of all "identity thefts" suffered 

by one "identity recovery insured" which 

are first discovered by the "identity recovery insured" during the "coverage term". If

an "identity theft" is first discovered in one "coverage term" and continues into other "coverage terms", all "loss" arising from 

such "identity theft" will be subject to the

aggregate Limit of Insurance applicable to

the "coverage term" when the "identity

theft" was first discovered.

3. Legal costs as provided under Item d. of

the definition of "identity recovery expenses" are part of, and not in addition to, the 

aggregate limit described in Paragraph 2.

4. Item e. (Lost Wages) and Item f. (Child 

and Elder Care Expenses) of the definition of "identity recovery expenses" are

jointly subject to the sublimit stated in the

Declarations. This sublimit is part of, and 

not in addition to, the aggregate Limit of 

Insurance described in Paragraph 2. Coverage is limited to wages lost and expenses incurred within 12 months after 

the first discovery of the "identity theft" by 

the "identity recovery insured". 5. Item g. (Mental Health Counseling) of the

definition of "identity recovery expenses"

is subject to the sublimit stated in the 

Declarations. This sublimit is part of, and 

not in addition to, the aggregate limit described in Paragraph 2. Coverage is limited to counseling that takes place within 

12 months after the first discovery of the "identity theft" by the "identity recovery insured". 6. Item h. (Miscellaneous Unnamed Costs)

of the definition of "identity recovery expenses" is subject to the sublimit stated in 

the Declarations. This sublimit is part of, and not in addition to, the aggregate Limit 

of Insurance described in Paragraph 2.

Coverage is limited to costs incurred within 12 months after the first discovery of 

the "identity theft" by the "identity recovery 

insured". 7. Coverage under Insuring Agreement C -

Identity Recovery is subject to the Identity

Recovery Deductible stated in the Declarations. Each "identity recovery insured" shall be responsible for such deductible 

amount only once during each "coverage 

term". This deductible applies only to

"identity recovery expenses".

The Limits of Insurance apply separately to each

"coverage term". SECTION III - DEFENSE AND SETTLEMENT

The provisions contained within this Section apply 

only to Insuring Agreement B - Defense and Liability.

1. We will have the right and duty to select counsel and defend the "insured" against any "claim" or "regulatory proceeding" covered by 

Insuring Agreement B - Defense and Liability, regardless of whether the allegations of such "claim" or "regulatory proceeding" are groundless, false or fraudulent. However, we shall 

have no duty to defend the "insured" against 

any "claim" or "regulatory proceeding" seeking 

damages or other relief not insured by Insuring 

Agreement B - Defense and Liability. 2. We may, with your written consent, make any

settlement of a "claim" or "regulatory proceeding" which we deem reasonable. If you withhold consent to such settlement, our liability for

all "loss" resulting from such "claim" will not

exceed the amount for which we could have 

settled such "claim" or "regulatory proceeding" plus "defense costs" incurred as of the date

we proposed such settlement in writing to you.

3. We shall not be obligated to pay any "loss", or 

to defend or continue to defend any "claim" or "regulatory proceeding", after the Insuring

Agreement B - Defense and Liability Limit of

Insurance has been exhausted.

4. We shall pay all interest on that amount of any

judgment within the Insuring Agreement B - Defense and Liability Limit of Insurance which 

accrues:

a. After entry of judgment; and

b. Before we pay, offer to pay or deposit in 

court that part of the judgment within the 

Insuring Agreement B - Defense and Liability Limit of Insurance or, in any case, 

before we pay or offer to pay the entire Insuring Agreement B - Defense and Liability Limit of Insurance. These interest payments shall be in addition to 

and not part of the Defense and Liability Limit.

SECTION IV – CONDITIONS

1. Bankruptcy 

Your bankruptcy, or the bankruptcy of your estate if you are a sole proprietor, will not relieve 

us of our obligations under this Coverage Part.

2. Due Diligence

You agree to use due diligence to prevent and 

mitigate "loss" covered under this Coverage

Part. This includes, but is not limited to, complying with, and requiring your vendors to 

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comply with, reasonable and industry- accepted protocols for:

a. Providing and maintaining appropriate 

physical security for your premises, computer systems and hard copy files;

b. Providing and maintaining appropriate 

computer and Internet security;

c. Maintaining and updating at appropriate 

intervals backups of computer data;

d. Protecting transactions, such as processing credit card, debit card and check

payments; and

e. Appropriate disposal of files containing "personally identifying information" or "personally sensitive information", including shredding hard copy files and destroying physical media used to store electronic data.

3. Duties in the Event of a Claim, Regulatory 

Proceeding or Loss

a. If, during the "coverage term", the "insured" first becomes aware of any circumstance that could reasonably be expected to give rise to a "claim" or "regulatory proceeding", the "insured" may give 

written notice to us. The notice must be 

made as soon as practicable, but in no

event more than 60 days after the date 

the circumstance is first discovered by the

"insured", must be made during the "coverage term" and must include:

(1) The specific details, including the 

date, of the circumstance;

(2) The alleged injuries or damage sustained or which may be sustained;

(3) The names of potential claimants; 

and

(4) The manner in which the "insured"

first became aware of the circumstance. Any subsequent "claim" or "regulatory 

proceeding" arising out of any circumstance which is the subject of such a written notice will be deemed to have been 

made at the time written notice in compliance with these requirements was first received by us. b. If a "claim" or "regulatory proceeding" is

brought against any "insured", you must:

(1) Immediately record the specifics of

the "claim" or "regulatory proceeding" and the date received; and

(2) Provide us with written notice, as

soon as practicable, but in no event 

more than 60 days after the date the "claim" or "regulatory proceeding" is

first received by you.

(3) Immediately send us copies of any 

demands, notices, summonses or legal papers received in connection 

with the "claim" or "regulatory proceeding";

(4) Authorize us to obtain records and 

other information;

(5) Cooperate with us in the investigation, settlement or defense of the "claim" or "regulatory proceeding";

(6) Assist us, upon our request, in the 

enforcement of any right against any 

person or organization which may be 

liable to you because of "loss" or "defense costs" to which this insurance 

may also apply; and

(7) Not take any action, or fail to take any 

required action, that prejudices your 

rights or our rights with respect to 

such "claim" or "regulatory proceeding". c. In the event of a "personal data compromise" covered under Insuring Agreement 

A - Response Expenses, you must see 

that the following are done:

(1) Notify the police if a law may have 

been broken.

(2) Notify us as soon as practicable, but

in no event more than 60 days after 

the "personal data compromise". Include a description of any property 

involved.

(3) As soon as possible, give us a description of how, when and where the "personal data compromise" occurred.

(4) As often as may be reasonably required, permit us to:

(a) Inspect the property proving the

"personal data compromise";

(b) Examine your books, records, electronic media and records

and hardware;

(c) Take samples of damaged and

undamaged property for inspection, testing and analysis; and

(d) Make copies from your books, records, electronic media and

records and hardware.

(5) Send us signed, sworn proof of loss

containing the information we request 

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to investigate the "personal data

compromise". You must do this within 

60 days after our request. We will 

supply you with the necessary forms.

(6) Cooperate with us in the investigation 

of the "personal data compromise" or 

settlement of the "loss".

(7) If you intend to continue your business, you must resume all or part of

your operations as quickly as possible.

(8) Make no statement that will assume 

any obligation or admit any liability, 

for any loss for which we may be liable, without our prior written consent.

(9) Promptly send us any legal papers or 

notices received concerning the "personal data compromise" or "loss". d. 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" or "loss", including an "insured's" books and 

records. In the event of an examination, 

an "insured's" answers must be signed.

e. No "insured" may, except at their own

cost, voluntarily make a payment, assume

any obligation, or incur any expense without our prior written consent.

4. Help Line

For assistance, the "identity recovery insured" should call the Identity Recovery Help Line

at 1-866-219-9831. The Identity Recovery 

Help Line can provide the "identity recovery 

insured" with:

a. Information and advice for how to respond 

to a possible "identity theft"; and

b. Instructions for how to submit a service 

request for Case Management Service 

and/or a claim form for Expense Reimbursement Coverage.

In some cases, we may provide Case 

Management services at our expense to 

an "identity recovery insured" prior to a

determination that a covered "identity

theft" has occurred. Our provision of such

services is not an admission of liability

under the policy. We reserve the right to 

deny further coverage or service if, after 

investigation, we determine that a covered "identity theft" has not occurred.

As respects Expense Reimbursement 

Coverage, the "identity recovery insured" must send to us, within 60 days after our 

request, receipts, bills or other records

that support his or her claim for "identity

recovery expenses". 5. Legal Action Against Us

a. No person or organization has a right:

(1) To join us as a party or otherwise 

bring us into a suit asking for damages from an "insured"; or

(2) To sue us under 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 this Coverage Part, or 

that are in excess of the applicable Aggregate Limit of Insurance. An agreed settlement means a settlement and release 

of liability signed by us, the first "named

insured" and the claimant or the claimant's legal representative.

b. 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 2 years from 

the date you reported the "claim" or "loss" to us.

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. 6. Legal Advice

We are not your legal advisor. Our determination of what is or is not covered under this 

Coverage Part does not represent advice or 

counsel from us about what you should or 

should not do.

7. Liberalization

If, within 60 days prior to the beginning of this

Coverage Part or during the "policy period", we 

make any changes to any forms or endorsements of this Coverage Part for which there is 

currently no separate premium charge, and 

that change provides more coverage than this 

Coverage Part, the change will automatically

apply to this Coverage Part at the latter of:

a. The date we implemented the change in 

your state; or

b. The date this Coverage Part became effective; and

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will be considered as included until the end of

the current "policy period". We will make no 

additional premium charge for this additional 

coverage during the interim. 8. Office of Foreign Assets Control (OFAC) 

Compliance

Whenever insurance coverage provided by

this policy would be in violation of any United 

States economic or trade sanctions, such insurance coverage shall be null and void.

9. Other Insurance

a. If any covered "loss" is covered by any 

other valid policy, then this Coverage Part 

shall apply only in excess of the amount 

of any deductible, retention and limit of insurance under such other policy whether 

such other policy is stated to be primary, 

contributory, excess, contingent or otherwise, unless such other policy is written 

specifically excess of this Coverage Part 

by reference in such other policy to this

policy's policy number.

b. When this insurance is excess, we will 

have no duty to defend the "insured" against any "claim" if any other insurer 

has a duty to defend the "insured" against 

that "claim". But we will have the right to

associate in the defense and control of 

any "claim" that we reasonably believe is 

likely to involve the insurance provided 

under this Coverage Part. 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. 10. Pre-Notification Consultation

You agree to consult with us prior to the issuance of notification to "affected individuals". We assume no responsibility under this Coverage Part for any services promised to "affected individuals" without our prior agreement. If possible, this pre-notification consultation will also include the designated service 

provider(s) as agreed to under Condition 12. Service Providers. You must provide the following at our pre-notification consultation with

you:

a. The exact list of "affected individuals" to 

be notified, including contact information. b. Information about the "personal data

compromise" that may appropriately be 

communicated with "affected individuals". c. The scope of services that you desire for 

the "affected individuals". For example, coverage may be structured to provide 

fewer services in order to make those 

services available to more "affected individuals" without exceeding the available

Response Expenses Limit.

11. Representations

You represent that all information and statements contained in any application or questionnaire submitted in connection with this 

Coverage Part are true, accurate and complete. All such information and statements are 

the basis for our issuing this Coverage Part 

and shall be considered as incorporated into 

and shall constitute a part of this Coverage 

Part. Misrepresentation or omission of any material fact may be grounds for the rescission of 

this Coverage Part.

12. Separation of Insureds

Except with respect to the applicable Limit of 

Insurance, and any rights or duties specifically 

assigned in this Coverage Part or the policy to 

which it is attached, to the first "named insured", this insurance applies separately to

each "insured" against whom a "claim" is

made.

13. Service Providers

a. We will only pay under this Coverage Part 

for services that are provided by service 

providers approved by us. You must obtain our prior approval for any service provider whose expenses you want covered 

under this Coverage Part. We will not unreasonably withhold such approval.

b. Prior to the Pre-Notification Consultation 

described in the Pre-Notification Consultation Condition above, you must come to 

agreement with us regarding the service 

provider(s) to be used for the Notification 

to Affected Individuals and Services to Affected Individuals. We will suggest a service provider. If you prefer to use an alternate service provider, our coverage is

subject to the following limitations:

(1) Such alternate service provider must 

be approved by us;

(2) Such alternate service provider must 

provide services that are reasonably 

equivalent or superior in both kind 

and quality to the services that would 

have been provided by the service 

provider we had suggested; and

(3) Our payment for services provided by 

any alternate service provider will not 

exceed the amount that we would 

have paid using the service provider 

we had suggested.

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vidual" or "identity recovery insured" by us, our

designees or any service firm paid for in whole 

or in part under this Coverage Part:

a. The effectiveness of such services depends on the cooperation and assistance 

of you, "affected individuals" and "identity

recovery insureds". b. All services may not be available or applicable to all individuals. For example, "affected individuals" and "identity recovery

insureds" who are minors or foreign nationals may not have credit records that 

can be provided or monitored. Service in 

Canada will be different from service in

the United States and Puerto Rico in accordance with local conditions. c. We do not warrant or guarantee that the 

services will end or eliminate all problems

associated with the covered events. d. Except for the services of an "identity recovery case manager" under Insuring 

Agreement C - Identity Recovery, which

we will provide directly, you will have a direct relationship with the professional service firms paid for in whole or in part under this Coverage Part. Those firms work

for you.

15. Subrogation

With respect to any payment under this Coverage Part on behalf of any "insured", we shall

be subrogated to the "insured's" rights of recovery to the extent of such payment. The "insured" shall execute all papers required and 

shall do everything necessary to secure and 

preserve such rights, including the execution 

of such documents necessary to enable us to 

bring suit in the "insured's" name. Any recoveries, less the cost of obtaining them, will be distributed as follows:

a. To you, until you are reimbursed for any "loss" you sustain that exceeds the sum of 

the applicable Aggregate Limit of Insurance and the Deductible Amount, if any;

b. Then to us, until we are reimbursed for 

the payment under this Coverage Part;

c. Then to you, until you are reimbursed for 

that part of the payment equal to the Deductible Amount, if any. 16. Valuation - Settlement

All premiums, Limits of Insurance, Deductible 

Amounts, "loss" and any other monetary

amounts under this Coverage Part are expressed and payable in the currency of the 

United States of America. If judgment is rendered, settlement is agreed to or another 

component of "loss" under this Coverage Part 

is expressed in any currency other than United 

States of America dollars, payment under this 

Coverage Part shall be made in United States

dollars at the rate of exchange published in 

The Wall Street Journal on the date the final 

judgment is entered, settlement amount is 

agreed upon, or the other component of "loss"

is due, respectively.

17. 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 - EXTENDED REPORTING PERIODS

The provisions contained within this Section apply 

only to Insuring Agreement B - Defense and Liability.

1. You shall have the right to the Extended Reporting Periods described in this section, in the

event that:

a. You or we cancel this Coverage Part;

b. You or we refuse to renew this Coverage 

Part; or

c. We renew this Coverage Part on other 

than a claims-made basis or with a retroactive date later than the Retroactive Date 

shown in the Declarations.

2. If an event as specified in Paragraph 1. has

occurred, you shall have the right to the following:

a. An Automatic Extended Reporting Period 

of 90 days after the effective date of cancellation or nonrenewal at no additional 

premium in which to give to us written notice of a "claim" or "regulatory proceeding" of which you first receive notice during 

said Automatic Extended Reporting Period for any "personal data compromise" occurring on or after the Retroactive Date 

shown on the Declarations and before the

end of the "policy period" and which is

otherwise covered by this Coverage Part; 

and

b. Upon payment of the additional premium 

stated in the Declarations, a Supplemental Extended Reporting Period for the 

term stated in the Supplemental Extended 

Reporting Period Endorsement will be 

provided immediately following the effective date of cancellation or nonrenewal in 

which to give to us written notice of a "claim" or "regulatory proceeding" of

which you first receive notice during said 

Supplemental Extended Reporting Period

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for any "personal data compromise" occurring on or after the Retroactive Date 

shown in the Declarations and before the 

end of the "policy period" and which is

otherwise covered by this Coverage Part. To obtain the Supplemental Extended 

Reporting Period, you must request it in 

writing and pay the additional premium 

due, within 60 days of the effective date of 

cancellation or nonrenewal. The additional 

premium for the Supplemental Extended 

Reporting Period shall be fully earned at 

the inception of the Supplemental Extended Reporting Period. If we do not receive the written request as required, you 

may not exercise this right at a later date.

c. The Defense and Liability Limit of Insurance for the Extended Reporting Periods

shall be part of, and not in addition to, the

Defense and Liability Limit of Insurance 

for the immediately preceding "coverage 

term". SECTION VI - DEFINITIONS

1. "Affected individual" means any person whose "personally identifying information" or "personally sensitive information" is lost, stolen, accidentally released or accidentally published by 

a "personal data compromise" covered under 

this Coverage Part. This definition is subject to 

the following provisions:

a. "Affected individual" does not include any 

business or organization. Only an individual person may be an "affected individual". b. An "affected individual" may reside any- where in the world. 2. "Authorized representative" means a person or 

entity authorized by law or contract to act on 

behalf of an "identity recovery insured". 3. "Claim":

a. Means:

(1) A civil proceeding in which it is alleged that the claimant suffered 

damages arising from:

(a) A "personal data compromise"

that was covered under Insuring

Agreement A - Response Expenses section of this Coverage 

Part and in connection with 

which you submitted a claim to

us and provided notifications and

services to "affected individuals"

in consultation with us pursuant 

to Insuring Agreement A - Response Expenses; or

(b) The violation of a governmental 

statute or regulation arising from 

a "personal data compromise"

that was covered under Insuring

Agreement A - Response Expenses and in connection with

which you submitted a claim to

us and provided notifications and

services to "affected individuals"

in consultation with us pursuant 

to Insuring Agreement A - Response Expenses.

(2) "Claim" includes:

(a) An arbitration proceeding in

which such damages are

claimed and to which the "insured" must submit or does

submit with our consent;

(b) Any other alternative dispute

resolution proceeding in which 

such damages are claimed and

to which the "insured" must 

submit or does submit with our 

consent; or

(c) A written demand for money, 

when such demand could reasonably result in a civil proceeding as described in this definition. b. Does not include any demand or action 

brought by or on behalf of someone who 

is:

(1) Your "executive";

(2) Your owner or part-owner; or

(3) A holder of your securities;

in their capacity as such, whether directly, derivatively, or by class action. "Claim" will 

include proceedings brought by such individuals in their capacity as "affected individuals", but only to the extent that the

damages claimed are the same as would 

apply to any other "affected individual". 4. "Coverage term" means the following individual increment, or if a multi-year "policy period", 

increments, of time, which comprise the "policy period" of this Coverage Part:

a. The year commencing on the Effective 

Date of this Coverage Part at 12:01 AM

standard time at your mailing address

shown in the Declarations, and if a multi- year "policy period", each consecutive annual period thereafter, or portion thereof if

any period is for a period of less than 12 

months, constitute individual "coverage 

terms". The last "coverage term" ends at 

12:00 AM standard time at your mailing 

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address shown in the Declarations on the

earlier of:

(1) The day the "policy period" shown in

the Declarations ends; or

(2) The day the policy to which this Coverage Part is attached is terminated 

or cancelled.

b. However, if after the issuance of this Coverage Part, any "coverage term" is extended for an additional period of less

than 12 months, that additional period of 

time will be deemed to be part of the last 

preceding "coverage term". 5. "Coverage territory" means:

a. With respect to Insuring Agreement A - Response Expenses, anywhere in the

world.

b. With respect to Insuring Agreement B - Defense and Liability, anywhere in the 

world, however, "claims" must be brought 

in the United States (including its territories and possessions), Puerto Rico or 

Canada. c. With respect to Insuring Agreement C -

Identity Recovery, anywhere in the world

6. "Data compromise liability":

a. Means the following, when they arise from 

a "claim" or "regulatory proceeding":

(1) Damages (including punitive and exemplary damages and the multiple 

portion of any multiplied damage 

award), judgments or settlements;

(2) Attorney's fees and other litigation 

costs added to that part of any judgment paid by us, when such fees and 

costs are awarded by law or court order; and

(3) Pre-judgment interest on that part of 

any judgment paid by us. b. Also includes any Payment Card Industry 

(PCI) fine or penalty imposed under a 

contract to which you are a party when 

such fine or penalty arises from a "claim". PCI Fines and Penalties do not include 

any increased transaction costs. c. Also includes any fine or penalty imposed 

by law, to the extent such fine or penalty

is legally insurable under the law of the 

applicable jurisdiction when such fine or 

penalty arises from a "regulatory proceeding". d. Does not include:

(1) Civil or criminal fines or penalties imposed by law, except for civil fines

and penalties expressly covered under paragraphs b. and c. above;

(2) Taxes; or

(3) Matters which may be deemed uninsurable under the applicable law.

e. With respect to fines and penalties and 

punitive, exemplary and multiplied damages, the law of the jurisdiction most favorable to the insurability of those fines, penalties or damages shall control for the 

purpose of resolving any dispute between 

us and any "insured" regarding whether 

the fines, penalties or damages specified 

in this definition above are insurable under this Coverage Part, provided that such 

jurisdiction:

(1) Is where those fines, penalties or 

damages were awarded or imposed;

(2) Is where any "personal data compromise" took place for which such fines,

penalties or damages were awarded 

or imposed;

(3) Is where you are incorporated or you 

have your principal place of business; 

or

(4) Is where we are incorporated or have 

our principal place of business. 7. "Defense costs":

a. Means reasonable and necessary expenses resulting solely from the investigation, defense and appeal of any "claim" or "regulatory proceeding" against an "insured". Such expenses may be incurred 

by us. Such expenses may include premiums for any appeal bond, attachment 

bond or similar bond. However, we have 

no obligation to apply for or furnish such 

bond.

b. Does not include the salaries or wages of

your "employees" or "executives", or your 

loss of earnings. 8. "Employee" means any natural person, other 

than an "executive", who was, now is or will 

be:

a. Employed on a full- or part-time basis by 

you;

b. Furnished temporarily to you to substitute 

for a permanent "employee" on leave or to 

meet seasonal or short-term workload 

conditions;

c. Leased to you by a labor leasing firm under an agreement between you and the 

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ed to the conduct of your business, but 

does not mean a temporary employee as

defined in Paragraph 8.b.; or

d. Your volunteer worker, which includes

unpaid interns. 9. "Executive" means any natural person who 

was, now is or will be:

a. The owner of a sole proprietorship that is

a "named insured"; or

b. A duly elected or appointed:

(1) Director;

(2) Officer;

(3) Managing Partner;

(4) General Partner;

(5) Member (if a limited liability company);

(6) Manager (if a limited liability company); or

(7) Trustee, of a "named insured". 10. "Identity recovery case manager" means one 

or more individuals assigned by us to assist an "identity recovery insured" with communications we deem necessary for re-establishing 

the integrity of the personal identity of the "identity recovery insured". This includes, with

the permission and cooperation of the "identity

recovery insured", written and telephone 

communications with law enforcement authorities, governmental agencies, credit agencies 

and individual creditors and businesses. 11. "Identity recovery expenses" means the following when they are reasonable and necessary

expenses that are incurred as a direct result of

an "identity theft" suffered by an "identity recovery insured":

a. Costs for re-filing applications for loans,

grants or other credit instruments that are 

rejected solely as a result of an "identity

theft". b. Costs for notarizing affidavits or other 

similar documents, long distance telephone calls and postage solely as a result 

of your efforts to report an "identity theft" or amend or rectify records as to your true 

name or identity as a result of an "identity

theft". c. Costs for credit reports from established 

credit bureaus. d. Fees and expenses for an attorney approved by us for the following:

(1) The defense of any civil suit brought 

against an "identity recovery insured".

(2) The removal of any civil judgment 

wrongfully entered against an "identity recovery insured".

(3) Legal assistance for an "identity recovery insured" at an audit or hearing 

by a governmental agency.

(4) Legal assistance in challenging the 

accuracy of the "identity recovery insured's" consumer credit report.

(5) The defense of any criminal charges

brought against an "identity recovery 

insured" arising from the actions of a

third party using the personal identity 

of the "identity recovery insured". e. Actual lost wages of the "identity recovery

insured" for time reasonably and necessarily taken away from work and away

from the work premises. Time away from 

work includes partial or whole work days. Actual lost wages may include payment 

for vacation days, discretionary days, 

floating holidays and paid personal days. Actual lost wages does not include sick

days or any loss arising from time taken 

away from self-employment. Necessary 

time off does not include time off to do 

tasks that could reasonably have been 

done during non-working hours.

f. Actual costs for supervision of children or 

elderly or infirm relatives or dependents of

the "identity recovery insured" during time 

reasonably and necessarily taken away

from such supervision. Such care must be 

provided by a professional care provider 

who is not a relative of the "identity recovery insured". g. Actual costs for counseling from a licensed mental health professional. Such 

care must be provided by a professional 

care provider who is not a relative of the "identity recovery insured". h. Any other reasonable costs necessarily 

incurred by an "identity recovery insured" as a direct result of the "identity theft".

(1) Such costs include:

(a) Costs by the "identity recovery 

insured" to recover control over 

his or her personal identity.

(b) Deductibles or service fees from

financial institutions.

(2) Such costs do not include:

(a) Costs to avoid, prevent or detect "identity theft" or other loss.

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(b) Money lost or stolen.

(c) Costs that are restricted or excluded elsewhere in this Coverage Part or policy.

12. "Identity recovery insured" means the following:

a. When the entity insured under this Coverage Part is a sole proprietorship, the "identity recovery insured" is the individual 

person who is the sole proprietor of the "named insured". b. When the "named insured" under this

Coverage Part is a partnership, the "identity recovery insureds" are the current 

partners. c. When the "named insured" under this

Coverage Part is a corporation or other 

form of organization, other than those described in a. or b. above, the "identity recovery insureds" are all individuals having

an ownership position of 20% or more of 

the insured entity. However, if and only if 

there is no one who has such an ownership position, then the "identity recovery

insured" shall be:

(1) The chief executive of the insured entity; or

(2) As respects a religious institution, the 

senior ministerial employee.

d. The legally recognized spouse of any individual described in a., b. or c. above. An "identity recovery insured" must always be

an individual person. The "named insured" under this Coverage Part is not an "identity recovery insured". 13. "Identity theft" means the fraudulent use of "personally identifying information". This includes fraudulently using such information to 

establish credit accounts, secure loans, enter

into contracts or commit crimes. 

"Identity theft" does not include the fraudulent 

use of a business name, d/b/a or any other 

method of identifying a business activity. 14. "Insured" means:

a. With respect to Insuring Agreement A - Response Expenses any "named insured". b. With respect to Insuring Agreement B - Defense and Liability:

(1) Any "named insured"; and

(2) Any "employee" or "executive" of a "named insured", but:

(a) Only for the conduct of the

"named insured's" business within the scope of his or her employment or duties as an "executive"; and

(b) Such "employee" or "executive" shall not be an "insured" to the

extent his or her actions or 

omissions are criminal, fraudulent, dishonest or constitute an

intentional or knowing violation of

the law.

c. With respect to Insuring Agreement C -

Identity Recovery any "named insured". 15. "Loss" means:

a. With respect to Insuring Agreement A - Response Expenses:

Those expenses enumerated in Section I, A., Paragraph 1.b. b. With respect to Insuring Agreement B - Defense and Liability:

(1) "Defense costs"; and

(2) "Data compromise liability". c. With respect to Insuring Agreement C -

Identity Recovery, "identity recovery expenses". 16. "Named insured" means the entity or entities

shown in the Declarations as a Named Insured. 17. "Personal data compromise" means the loss, 

theft, accidental release or accidental publication of "personally identifying information" or "personally sensitive information" as respects

one or more "affected individuals". If the loss, 

theft, accidental release or accidental publication involves "personally identifying information", such loss, theft, accidental release or

accidental publication must result in or have 

the reasonable possibility of resulting in the 

fraudulent use of such information. This definition is subject to the following provisions:

a. At the time of the loss, theft, accidental release or accidental publication, the "personally identifying information" or "personally sensitive information" need not be 

at the insured premises but must be in the 

direct care, custody or control of:

(1) You; or

(2) A professional entity with which you 

have a direct relationship and to 

which you (or an "affected individual" at your direction) have turned over 

(directly or via a professional transmission or transportation provider) 

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cessing, transmission or transportation of such information. b. "Personal data compromise" includes disposal or abandonment of "personally identifying information" or "personally sensitive 

information" without appropriate safeguards such as shredding or destruction, subject to the following provisions:

(1) The failure to use appropriate safeguards must be accidental and not 

reckless or deliberate; and

(2) Such disposal or abandonment must 

take place during the time period for 

which this Coverage Part is effective. c. "Personal data compromise" includes situations where there is a reasonable 

cause to suspect that such "personally 

identifying information" or "personally

sensitive information" has been lost, stolen, accidentally released or accidentally

published, even if there is no firm proof. d. All incidents of "personal data compromise" that are discovered at the same

time or arise from the same cause will be 

considered one "personal data compromise". 18. "Personally identifying information" means information, including health information, that 

could be used to commit fraud or other illegal 

activity involving the credit, access to health 

care or identity of an "affected individual" or "identity recovery insured". This includes, but 

is not limited to, Social Security numbers or 

account numbers.

"Personally identifying information" does not

mean or include information that is otherwise 

available to the public, such as names and 

addresses. 19. "Personally sensitive information" means private information specific to an individual the 

release of which requires notification of "affected individuals" under any applicable law.

"Personally sensitive information" does not 

mean or include "personally identifying

information". 20. "Policy period" means the cumulative total of

each individual "coverage term" comprising

the period of time from the inception date of 

this Coverage Part shown in the Declarations 

to the expiration date shown in the Declarations, or its earlier cancellation or termination 

date.

21. "Regulatory proceeding" means an investigation, demand or proceeding alleging a violation 

of law or regulation brought by, or on behalf of, 

the Federal Trade Commission, Federal 

Communications Commission or other administrative or regulatory agency, or any federal, 

state, local or foreign governmental entity in 

such entity's regulatory or official capacity.

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THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

ILLINOIS CHANGES - CINCINNATI DATA

DEFENDER

TM COVERAGE PART

This endorsement modifies insurance provided under the following:

CINCINNATI DATA DEFENDERTM COVERAGE PART

A. SECTION II - LIMITS OF INSURANCE AND 

DEDUCTIBLE is amended to delete in their 

entirety subparagraphs 1. and 2. of Paragraph 

B. and replace them with the following:

1. The most we will pay under Insuring 

Agreement B - Defense and Liability (other than pre and post-judgment interest) is

the Limit of Insurance stated in the Declarations. 2. The Insuring Agreement B - Defense and

Liability Limit of Insurance is an annual 

aggregate limit. This amount is the most 

we will pay for all "loss" covered under Insuring Agreement B - Defense and Liability (other than pre and post-judgment interest) arising out of all "claims". B. SECTION III - DEFENSE AND SETTLEMENT

is amended to delete in its entirety Paragraph

4. and replace it with the following:

4. We shall pay all interest on that amount of

any judgment within the Insuring Agreement B - Defense and Liability Limit of Insurance which accrues:

a. Before entry of judgment; or

b. After entry of judgment, but before 

we pay, offer to pay or deposit in 

court that part of the judgment within 

the Insuring Agreement B - Defense

and Liability Limit of Insurance or, in 

any case, before we pay or offer to 

pay the entire Insuring Agreement B - Defense and Liability Limit of Insurance. These interest payments shall be in addition to and not part of the Defense and Liability Limit.

C. The following is added to SECTION IV - CONDITIONS, 5. Legal Action Against Us:

The 2 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.

D. SECTION IV - CONDITIONS is amended to

delete in its entirety Condition 8. and replace it 

with the following:

8. Office of Foreign Assets Control 

(OFAC) Compliance

Whenever insurance coverage provided 

by this policy would be in violation of any 

United States economic or trade sanctions, such insurance coverage will not be 

provided.

E. SECTION IV - CONDITIONS is amended to

delete in its entirety Condition 9. and replace it 

with the following:

9. Other Insurance

If any "loss" resulting from any "claim" is

insured by any other valid policy, we shall 

not be liable under this policy for a greater 

proportion of such "loss" than the applicable Limit of Insurance stated in the Declarations bears to the total applicable limit of 

liability of all valid and collectible insurance against such "loss", unless such

other insurance is purchased specifically

to apply in excess of the Limit of Liability

stated in the Declarations of this policy. F. SECTION IV - CONDITIONS is amended to 

delete in its entirety Condition 11. and replace 

it with the following:

11. Representations

You represent that all information and 

statements contained in any application or 

questionnaire submitted in connection 

with this Coverage Part are true, accurate 

and complete. All such information and

statements are the basis for our issuing 

this Coverage Part and shall be considered as incorporated into and shall constitute a part of this Coverage Part. Misrepresentation or omission of any material 

fact may be grounds for the rescission of 

the policy if such misrepresentation is

made with actual intent to deceive or materially affects either the acceptance of the

risk or the hazard assumed by the company.

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G. The following is added to SECTION V - EXTENDED REPORTING PERIODS 2.b.:

You shall have the option to purchase a 12

month Extended Reporting Period to replace 

the 90 day Automatic Extended Reporting Period for an additional premium equal to 75% of 

the expiring annual premium for the applicable 

Coverage Part.

H. SECTION VI - DEFINITIONS is amended to 

delete definition 6. "Data compromise liability"

in its entirety and replace it with the following:

6. "Data compromise liability":

a. Means the following, when they arise 

from a "claim" or "regulatory proceeding":

(1) Damages (including punitive and

exemplary damages and the

multiple portion of any multiplied

damage award), judgments or 

settlements; and

(2) Attorney's fees and other litigation costs added to that part of

any judgment paid by us, when

such fees and costs are awarded by law or court order.

b. Also includes any Payment Card Industry (PCI) fine or penalty imposed 

under a contract to which you are a 

party when such fine or penalty arises from a "claim". PCI Fines and

Penalties do not include any increased transaction costs. c. Also includes any fine or penalty imposed by law, to the extent such fine 

or penalty is legally insurable under 

the law of the applicable jurisdiction 

when such fine or penalty arises from 

a "regulatory proceeding". d. Does not include:

(1) Civil or criminal fines or penalties

imposed by law, except for civil 

fines and penalties expressly 

covered under paragraphs b. 

and c. above;

(2) Taxes; or

(3) Matters which may be deemed

uninsurable under the applicable

law.

e. With respect to fines and penalties 

and punitive, exemplary and multiplied damages, the law of the jurisdiction most favorable to the insurability of those fines, penalties or damages shall control for the purpose of

resolving any dispute between us and 

any "insured" regarding whether the 

fines, penalties or damages specified 

in this definition above are insurable 

under this Coverage Part, provided 

that such jurisdiction:

(1) Is where those fines, penalties or 

damages were awarded or imposed; 

(2) Is where any "personal data 

compromise" took place for

which such fines, penalties or 

damages were awarded or imposed; 

(3) Is where you are incorporated or 

you have your principal place of

business; or 

(4) Is where we are incorporated or 

have our principal place of business. However, in no event will the punitive,

exemplary damages or the multiplied 

portion of any multiplied damages be 

insurable under this contract of insurance with respect to a "claim" brought

against an Illinois domiciled insured 

in an Illinois state court, except to the

extent such damages are insurable 

under Illinois law. Illinois law dictates

that an insurer may not reimburse an 

insured for punitive damages assessed as a result of the insured's

own misconduct.

I. The following is added to definition 7. "Defense costs"in SECTION VI - DEFINITIONS:

"Defense costs": 

c. Does not include the salaries of our employees or the salaries of your staff attorneys. J. The term spouse is replaced by the following:

Spouse or party to a civil union recognized under Illinois law.

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