THIS POLICY

IS NON-ASSESSABLE

a mutual company

BUSINESSOWNERS

POLICY

www.societyinsurance.com

BP500 (01-15)

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_____________________________________________________________

THESE POLICY PROVISIONS WITH THE INFORMATION PAGE AND ENDORSEMENTS,

IF ANY, ISSUED TO FORM A PART THEREOF, COMPLETE THIS POLICY.

_____________________________________________________________

NOTICE

The insured who is named herein is hereby 

notified that by virtue of this policy is a 

member of SOCIETY INSURANCE, a mutual 

company, and is entitled to vote either in 

person or by proxy at any and all meetings 

of the company. The annual meetings are 

held at the home office at Fond du Lac, 

Wisconsin, on the second Monday of March 

in each year at 2:00 p.m.

In Witness Whereof, we have caused this policy to be executed and attested.

 

Secretary President

Jim Thomas Rick Parks

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SOCIETY INSURANCE, A MUTUAL COMPANY

150 Camelot Drive P.O. Box 1029, Fond du Lac, WI 54936-1029

BUSINESSOWNERS

RENEWAL DECLARATION

POLICY NO: TRM 589684-5 

RENEWAL OF TRM 589684-4

ACCOUNT NUMBER: 

NAMED INSURED AND MAILING ADDRESS AGENCY AND MAILING ADDRESS 20052 000

Flying Squirrel Industries LLC

DBA Slippery Slope

c/o Scofflaw

2357 N Milwaukee Ave

Chicago, IL 60647-2924

Guy Viti Insurance Agency Inc

445 Sheridan Rd

Highwood, IL 60040

POLICY PERIOD: FROM 05/12/2019 TO 05/12/2020 AT 12:01 AM STANDARD TIME AT YOUR MAILING ADDRESS 

SHOWN ABOVE.

04-11-19 mmb Page 1 of 3

BP-DECLARATION 01-15

THE NAMED INSURED IS: Limited Liability 

Company (LLC) BUSINESS DESCRIPTION: See Described Premises section

IN RETURN FOR THE PAYMENT OF THE PREMIUM, AND SUBJECT TO ALL TERMS OF THIS POLICY, WE AGREE 

WITH YOU TO PROVIDE THE INSURANCE AS STATED IN THIS POLICY.

DESCRIBED PREMISES

Prem. 

No.

Bldg. 

No. Premises Address: Description

Construction 

Type

Protection 

Class

1 1 2357 N Milwaukee Ave, 

Chicago, IL 60647 

Tavern Joisted 

Masonry

2

SECTION I – PROPERTY

Property Coverage Limits Of Insurance**

Prem.

No.

Bldg.

No.

Classification 

No. Type Of Property

Valuation 

Option

Automatic 

Increase Limit 

(Percentage)

Business 

Personal 

Property – 

Seasonal 

Increase 

(Percentage) Limit Of Insurance*

1 1 1 Business Personal 

Property-Bar > 75% 

Alcohol - NOC - No 

Cooking

Replacement 

Cost

4% 25% $ 1,042,344

*Includes Automatic Increase Limit Percentage(if applicable)

**Business Income actual loss sustained for 12 months included subject to policy provisions.

Deductibles (Apply Per Location, Per Occurrence)

Prem. No. Property Deductible

Windstorm Or Hail 

Percentage Deductible

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SOCIETY INSURANCE, A MUTUAL COMPANY

150 Camelot Drive P.O. Box 1029, Fond du Lac, WI 54936-1029

BUSINESSOWNERS

RENEWAL DECLARATION

POLICY NO: TRM 589684-5

INSURED: Flying Squirrel Industries LLC

EFFECTIVE DATE: 05/12/2019

AGENT: Guy Viti Insurance Agency Inc

04-11-19 mmb Page 2 of 3

BP-DECLARATION 01-15

(Location 1, Building 

1)

$ 1,000 N/A %

Crime Coverages – Optional Higher Limits

Coverage Additional Premium Limit Of Insurance Deductible

Computer Fraud $ 79 $ 12,500 $ 1,000

Funds Transfer Fraud $ 79 $ 12,500 $ 1,000

Extortion $ 18 $ 12,500 $ 1,000

Forgery or Alteration $ 23 $ 12,500 $ 1,000

Money and Security

(Location 1)

$ 102 $

$

12,500

12,500

Inside the 

Premises

Outside the 

Premises

$ 1,000

Money Orders and 

Counterfeit Money

$ 25 $ 12,500 $ 1,000

Equipment Breakdown Protection Coverage Deductibles

Prem. 

No.

Bldg.

No.

Deductible

1 1 $ 1,000

Additional Coverages – Optional Higher Limits/Extended Number Of Days (Per Policy)

Coverage Additional Premium

Limit Of Insurance/Extended 

Number Of Days

Deductible

Extended Business Income – 

Extended Number Of Days

$

0 60

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SOCIETY INSURANCE, A MUTUAL COMPANY

150 Camelot Drive P.O. Box 1029, Fond du Lac, WI 54936-1029

BUSINESSOWNERS

RENEWAL DECLARATION

POLICY NO: TRM 589684-5

INSURED: Flying Squirrel Industries LLC

EFFECTIVE DATE: 05/12/2019

AGENT: Guy Viti Insurance Agency Inc

04-11-19 mmb Page 3 of 3

BP-DECLARATION 01-15

SECTION II – LIABILITY AND MEDICAL EXPENSES

Each paid claim for the following coverages reduces the amount of insurance we provide during the applicable annual period. 

Please refer to the Businessowners Liability Coverage Form and any attached endorsements.

Coverage Limit Of Insurance

Liability And Medical Expenses $ 1,000,000 Per Occurrence

Medical Expenses $ 5,000 Per Person

Damage To Premises Rented To You $ 100,000 Any One Premises

Other Than Products/Completed Operations 

Aggregate

$ 2,000,000

Products/Completed Operations Aggregate $ 2,000,000

TOTAL BUSINESSOWNERS POLICY PREMIUM $ 5,069

TOTAL PREMIUM $ 5,069.00

FORMS AND ENDORSEMENTS 

APPLYING TO THIS COVERAGE PART AND MADE PART OF THIS POLICY AT TIME OF ISSUE: 

See Forms Schedule

NOTE: IF NO ENTRY APPEARS ON THE ABOVE ENDORSEMENTS, INFORMATION REQUIRED TO COMPLETE 

THE FORM WILL BE SHOWN ON THE SUPPLEMENTAL FORM DECLARATION IMMEDIATELY FOLLOWING THE 

APPLICABLE ENDORSEMENT.

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SOCIETY INSURANCE, A MUTUAL COMPANY

150 Camelot Drive P.O. Box 1029, Fond du Lac, WI 54936-1029

BUSINESSOWNERS LIABILITY

RENEWAL DECLARATION

04-11-19 mmb Page 1 of 1

GL-DECLARATION 12-18 

LOCATION OF ALL PREMISES YOU OWN, RENT OR OCCUPY:

1 2357 N Milwaukee Ave, Chicago, IL 60647 2924

LOC CLASSIFICATION CODE

PREMIUM 

BASIS EXPOSURE

PMS 

RATE

PDTS 

RATE

OTHER 

RATE

PD DED 

APPLIES

1 Restaurants - with 

sale of alcoholic 

beverages that are 

75% or more of the 

total annual 

receipts of the 

restaurants - bar 

service only/no 

tables - without 

dance floor

16941 Square 

Footage

5,290 4.501 0.38

1 Liquor Sales Over 

75%, Within City 

With Population 

Greater Than 20K, 

With Entertainment

58161 Gross Sales 1,856,583 10.156

TOTAL BUSINESSOWNERS LIABILITY PREMIUM $ 22,729

TOTAL PREMIUM $ 22,729

FORMS AND ENDORSEMENTS 

APPLYING TO THIS COVERAGE PART AND MADE PART OF THIS POLICY AT TIME OF ISSUE: 

See Forms Schedule

NOTE: IF NO ENTRY APPEARS ON THE ABOVE ENDORSEMENTS, INFORMATION REQUIRED TO COMPLETE 

THE FORM WILL BE SHOWN ON THE SUPPLEMENTAL FORM DECLARATION IMMEDIATELY FOLLOWING THE 

APPLICABLE ENDORSEMENT.

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SOCIETY INSURANCE, A MUTUAL COMPANY

150 Camelot Drive P.O. Box 1029, Fond du Lac, WI 54936-1029

BUSINESSOWNERS PACKAGE POLICY

PREMIUM SUMMARY

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SB-PREMIUM-SUMMARY 01-15

TOTAL BUSINESSOWNERS PREMIUM $ 5,069

TOTAL BUSINESSOWNERS LIABILITY PREMIUM $ 22,729

TOTAL SURCHARGE $

0

TOTAL BUSINESSOWNERS PACKAGE POLICY PREMIUM $ 27,798

THESE DECLARATIONS AND THE COMMON POLICY DECLARATIONS, IF APPLICABLE, TOGETHER WITH THE 

COMMON POLICY CONDITIONS, COVERAGE FORM(S) AND ENDORSEMENTS, AND SUPPLEMENTAL FORM 

DECLARATION(S), IF ANY, ISSUED TO FORM A PART THEREOF, COMPLETE THE ABOVE NUMBERED POLICY

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Society Insurance, a mutual company

BUSINESSOWNERS PACKAGE POLICY

EXTENDED NAME SCHEDULE

POLICY NO: TRM 589684-5

RENEWAL OF TRM 589684-4

ACCOUNT NUMBER:

NAMED INSURED AND MAILING ADDRESS AGENCY AND MAILING ADDRESS 20052 000 

Flying Squirrel Industries LLC

DBA: Slippery Slope

C/O SCOFFLAW

2357 N MILWAUKEE AVE

CHICAGO, IL 60647

GUY VITI INSURANCE AGENCY INC

445 SHERIDAN RD

HIGHWOOD, IL 60040

8474321000

POLICY PERIOD: FROM 05/12/2019 TO 05/12/2020 AT 12:01 AM STANDARD TIME AT YOUR MAILING ADDRESS 

SHOWN ABOVE.

04-11-19 mmb Page 1 of 1

SB-EXT-NAME-SCHEDULE (01-15)

E X T E N D E D N A M E D I N S U R E D

DBA: The Heavy Feather

Flying Squirrel Industries LLC

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SOCIETY INSURANCE, A MUTUAL COMPANY

150 Camelot Drive P.O. Box 1029, Fond du Lac, WI 54936-1029

FORMS SCHEDULE

POLICY NO: TRM 589684-5

RENEWAL OF TRM 589684-4

ACCOUNT NUMBER: 

NAMED INSURED AND MAILING ADDRESS AGENCY AND MAILING ADDRESS 

20052 

000

Flying Squirrel Industries LLC

c/o Scofflaw

2357 N Milwaukee Ave

Chicago, IL 60647-2924

Guy Viti Insurance Agency Inc

445 Sheridan Rd

Highwood, IL 60040 

POLICY PERIOD: FROM 05/12/2019 TO 05/12/2020 AT 12:01 AM STANDARD TIME AT YOUR MAILING 

ADDRESS SHOWN ABOVE.

04-11-19 mmb Page 1 of 1

SB-FORMS-SCHEDULE 01-15

NOTE: IF NO ENTRY APPEARS ON THE FOLLOWING ENDORSEMENTS, INFORMATION REQUIRED TO 

COMPLETE THE FORM WILL BE SHOWN ON THE SUPPLEMENTAL FORM DECLARATION IMMEDIATELY 

FOLLOWING THE APPLICABLE ENDORSEMENT.

BUSINESSOWNERS POLICY FORMS

BP0154 01-18 Illinois Changes

BP0503 01-06 Illinois Liquor Liability Coverage

BP0643 04-06 Illinois Changes - Defense Costs

BP0417 01-10 Employment-Related Practices Exclusion

BP0515 01-15 Disclosure Pursuant To Terrorism Risk Insurance Act

TBP453 11-16 Water Backup And Sump Overflow

TSE309 10-18 TopShelf Extension Endorsement

TBP84 05-15 Property Enhancement Endorsement Green Environmental and 

Energy Efficiency Improvements

TBP9 10-08 Businessowners Common Policy Conditions

TBP6 05-15 Businessowners Liability Coverage Form

TBP440 08-17 Asbestos - Exclusion

TBP2109 12-15 Exclusion - Unmanned Aircraft

TBP2 05-15 Businessowners Special Property Coverage Form

SAI41 05-15 Additional Insured - Not Otherwise Classified Limited

BU2101 09-03 Exclusion - Athletic/Sports Participants

BP1505 05-14 Exclusion - Access Or Disclosure Of Confidential Or 

Personal Information And Data-Related Liability - 

Limited Bodily Injury Exception Not Included

TBP12 05-15 Product Spoilage

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BUSINESSOWNERS

BP 01 54 01 18

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

BP 01 54 01 18 © Insurance Services Office, Inc., 2017 Page 1 of 6

ILLINOIS CHANGES

This endorsement modifies insurance provided under the following: 

BUSINESSOWNERS COVERAGE FORM

INFORMATION SECURITY PROTECTION ENDORSEMENT

A. The following is added to the Businessowners 

Coverage Form:

1. If this Policy covers 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 Paragraph E.2.

Appraisal Property Loss Condition in Section 

I – Property is 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. Paragraph C. Concealment, 

Misrepresentation Or Fraud in Section III –

Common Policy Conditions is replaced by 

the following:

C. Concealment, Misrepresentation Or 

Fraud

1. This Policy is void if you or any 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:

a. Was made with actual intent to 

deceive; or

b. 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 Policy after the 

Policy has been in effect for one year or 

one policy term, whichever is less.

2. We do not provide coverage under this 

Policy to you or any other insured who, 

at any time subsequent to the issuance 

of this insurance, commit fraud or 

intentionally conceal or misrepresent a 

material fact relating to:

a. This Policy;

b. The Covered Property;

c. Your interest in the Covered 

Property; or

d. A claim under this Policy.

3. Notwithstanding the limitations stated in

C.1. above, we may cancel this Policy in 

accordance with the terms of Paragraph 

A. Cancellation in Section III – Common 

Policy Conditions.

B. Section I – Property is amended as follows:

1. Paragraph B.2.a. Electrical Apparatus is 

replaced by the following:

a. Electrical Apparatus

Artificially generated electrical current, 

including electric arcing, that disturbs 

electrical devices, appliances or wires. 

But if artificially generated electrical current 

results in fire, we will pay for the loss or 

damage caused by fire. 

We will pay for loss or damage to 

"computer(s)" due to artificially generated 

electrical current if such loss or damage is 

caused by or results from:

(1) An occurrence that took place within 

100 feet of the described premises; or

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(2) Interruption of electric power supply, 

power surge, blackout or brownout if the 

cause of such occurrence took place 

within 100 feet of the described 

premises.

2. The following exclusion is added to Paragraph

B.2. Exclusions:

a. We will not pay for loss or damage arising 

out of any act committed:

(1) By or at the direction of any insured; and

(2) With the intent to cause a loss.

b. However, this exclusion will not apply to 

deny payment to an innocent co-insured 

who did not cooperate in or contribute to 

the creation of the loss if:

(1) The loss arose out of a pattern of 

criminal domestic violence; and

(2) The perpetrator of the loss is criminally 

prosecuted for the act causing the loss.

c. If we pay a claim pursuant to Paragraph 

B.2.b., our payment to the insured is limited 

to that insured's insurable interest in the 

property less any payments we first made 

to a mortgagee or other party with a legal 

secured interest in the property. In no event 

will we pay more than the Limit of 

Insurance.

3. The following is added to Paragraph E.4. Legal 

Action Against Us Property Loss Condition:

The two-year period for legal action against us 

is extended by the number of days between 

the date the proof of loss is filed with us and 

the date we deny the claim in whole or in part. 

C. Section II – Liability is amended as follows:

The term "spouse" is replaced by the following:

Spouse or party to a civil union recognized under 

Illinois law. 

D. Section III – Common Policy Conditions is 

amended as follows:

1. The Paragraph A. Cancellation Common 

Policy Condition is replaced by the following: 

A. Cancellation

1. The first Named Insured shown in the 

Declarations may cancel this Policy by 

mailing to us advance written notice of 

cancellation. 

2. If this Policy has been in effect for 60 

days or less, except as provided in 

Paragraphs 8. and 9. below, we may 

cancel this Policy by mailing written 

notice of cancellation at least: 

a. 10 days before the effective date of 

cancellation if we cancel for 

nonpayment of premium; or 

b. 30 days before the effective date of 

cancellation if we cancel for any 

other reason. 

3. If this Policy has been in effect for more 

than 60 days, except as provided in 

Paragraphs 8. and 9. below, we may 

cancel this Policy only for one or more 

of the following reasons:

a. Nonpayment of premium; 

b. The Policy was obtained through a 

material misrepresentation; 

c. You have violated any of the terms 

and conditions of the Policy; 

d. The risk originally accepted has 

measurably increased; 

e. Certification to the Director of 

Insurance of the loss of reinsurance 

by the insurer which provided 

coverage to us for all or a substantial 

part of the underlying risk insured; or

f. A determination by the Director of 

Insurance that the continuation of the 

Policy could place us in violation of 

the insurance laws of this State. 

If we cancel this Policy based on one or 

more of the above reasons except for 

nonpayment of premium, we will mail 

written notice at least 60 days before the 

effective date of cancellation. When 

cancellation is for nonpayment of 

premium, we will mail written notice at 

least 10 days before the effective date of 

cancellation. 

4. We will mail our notice to you, together 

with our reason for cancellation, at your 

last mailing address known to us. Proof 

of mailing will be sufficient proof of 

notice.

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5. Notification of cancellation will also be 

sent to your broker, if known, or agent of 

record, if known, and to the mortgagee 

or lienholder listed on the Policy.

6. Notice of cancellation will state the 

effective date of cancellation. The policy 

period will end on that date. 

7. If this Policy is cancelled, we will send 

the first Named Insured any premium 

refund due. If we cancel, the refund will 

be pro rata. If the first Named Insured 

cancels, the refund may be less than 

pro rata. The cancellation will be 

effective even if we have not made or 

offered a refund. 

8. Real Property Other Than Residential 

Properties Occupied By Four 

Families Or Less 

The following applies only if this Policy 

covers real property other than 

residential property occupied by four 

families or less: 

If any one or more of the following 

conditions exists at any building that is 

Covered Property in this Policy, we may 

cancel this Policy by mailing to you 

written notice of cancellation, by both 

certified and regular mail, if:

a. After a fire loss, permanent repairs to 

the building have not started within 

60 days of satisfactory adjustment of 

loss, unless the delay is due to a 

labor dispute or weather conditions. 

b. The building has been unoccupied 

60 or more consecutive days. This 

does not apply to: 

(1) Seasonal unoccupancy; or 

(2) Buildings under repair, 

construction or reconstruction, if 

properly secured against 

unauthorized entry. 

c. The building has: 

(1) An outstanding order to vacate; 

(2) An outstanding demolition order; 

or 

(3) Been declared unsafe in 

accordance with the law. 

d. Heat, water, sewer service or public 

lighting have not been connected to 

the building for 30 consecutive days 

or more. 

The Policy will terminate 10 days 

following receipt of the written notice by 

the Named Insured(s).

9. Residential Properties Occupied By 

Four Families Or Less 

The following applies if this Policy 

covers residential properties occupied 

by four families or less: 

If this Policy has been in effect for 60 

days, or if this is a renewal policy, we 

may only cancel this Policy for one or 

more of the following reasons: 

a. Nonpayment of premium; 

b. The Policy was obtained by 

misrepresentation or fraud; or 

c. Any act that measurably increases 

the risk originally accepted. 

If we cancel this Policy based on one or 

more of the above reasons except for 

nonpayment of premium, we will mail 

written notice at least 30 days before the 

effective date of cancellation. When 

cancellation is for nonpayment of 

premium, we will mail written notice at 

least 10 days before the effective date of 

cancellation.

2. Paragraph H.1. Other Insurance is replaced 

by the following:

H. Other Insurance

1. You may have other insurance subject 

to the same plan, terms, conditions and 

provisions as the insurance under this 

Coverage Form. If you do, we will pay 

our share of the covered loss or 

damage. Our share is the proportion 

that the applicable Limit of Insurance 

under this Coverage Form bears to the 

Limits of Insurance of all insurance 

covering on the same basis.

2. If there is other insurance covering the 

same loss or damage, other than that 

described in 1. above, we will pay only 

for the amount of covered loss or 

damage in excess of the amount due 

from that other insurance, whether you 

can collect on it or not. But we will not 

pay more than the applicable Limit of 

Insurance of Section I – Property.

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3. The following paragraph is added to the 

Common Policy Conditions:

M. Nonrenewal 

1. If we decide not to renew or continue 

this Policy, we will mail you written 

notice, stating the reason for 

nonrenewal. Proof of mailing will be 

sufficient proof of notice. 

2. Except as provided in Paragraph 6.

below, we will mail you notice of 

nonrenewal at least 60 days before the 

end of the policy period. 

3. If we offer to renew or continue and you 

do not accept, this Policy will terminate 

at the end of the current policy period. 

Failure to pay the required renewal or 

continuation premium when due shall 

mean that you have not accepted our 

offer.

4. If we fail to mail proper written notice of 

nonrenewal and you obtain other 

insurance, this Policy will end on the 

effective date of that insurance.

5. The following provision applies to 

policies other than those described in 

Paragraph 6.:

Notification of nonrenewal will also be 

sent to your broker, if known, or agent of 

record, if known, and the mortgagee or 

lienholder listed on the Policy.

6. The following provision applies only if 

this Policy covers residential properties 

occupied by four families or less: 

a. If this Policy has been issued to you 

and in effect with us for five or more 

years, we may not fail to renew this 

Policy unless: 

(1) The Policy was obtained by 

misrepresentation or fraud and 

we mail you notice of nonrenewal 

at least 30 days before the end of 

the policy period as provided in 1.

above; 

(2) The risk originally accepted has 

measurably increased and we 

mail you notice of nonrenewal at 

least 30 days before the end of 

the policy period as provided in 1.

above; or 

(3) You received 60 days' notice of 

our intent not to renew as 

provided in 1. above.

b. If this Policy has been issued to you 

and in effect with us for less than five 

years, we may not fail to renew this 

Policy unless you received 30 days' 

notice as provided in 1. above.

c. Notification of nonrenewal will also 

be sent to your broker, if known, or 

agent of record, if known, and to the 

last known mortgagee or lienholder.

d. The nonrenewal shall not become 

effective until at least 30 days from 

the proof of mailing date of the notice 

to you.

E. The following changes apply only to Information 

Security Protection Endorsement BP 15 07 if it is 

attached to this Policy:

1. Paragraph (2) of Insuring Agreement d. 

Security Breach Liability is replaced by the 

following:

(2) We will pay for "defense expenses" as a 

result of a "claim" in the form of a 

"regulatory proceeding" first made 

against the insured during the "policy 

period" or during the applicable 

Extended Reporting Period, in response 

to a "wrongful act" or a series of 

"interrelated wrongful acts" covered 

under Paragraph d.(1).

2. The following is added to the Defense And 

Settlement Provision under Paragraph E.:

3. If we initially defend an insured or pay for 

an insured's defense but later determine 

that the claim(s) is (are) not covered under 

this insurance, we will have the right to 

reimbursement for the defense costs we 

have incurred.

The right to reimbursement for the defense 

costs under this provision will only apply to 

defense costs we have incurred after we 

notify you in writing that there may not be 

coverage, and that we are reserving our 

rights to terminate the defense and seek 

reimbursement for defense costs.

3. The following is added to Exclusion m. under 

Paragraph I.:

However, Paragraphs (1), (2) and (3) shall 

not apply to loss resulting from a "hostile 

fire" if, and to the extent, loss resulting from 

any "claim" is based upon, attributable to or 

arising out of heat, smoke or fumes.

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4. Paragraph 2. Supplemental Extended 

Reporting Period under Paragraph N. 

Extended Reporting Periods is replaced by 

the following:

2. Supplemental Extended Reporting 

Period

a. You will have the right to purchase a 

Supplemental Extended Reporting 

Period from us if:

(1) This Endorsement is cancelled or 

nonrenewed for any reason; or

(2) We renew or replace this 

Endorsement with insurance that:

(a) Has a Retroactive Date later than 

the date shown in the Schedule 

of this Endorsement for either 

Insuring Agreement d. Security 

Breach Liability or g. Web Site 

Publishing Liability. However, the 

Supplemental Extended 

Reporting Period will only be 

provided for the insuring 

agreement for which our renewal

or replacement endorsement has 

a Retroactive Date later than the 

date shown in the Schedule of 

this Endorsement; or

(b) Does not apply to "wrongful acts" 

on a claims-made basis for either 

Insuring Agreement d. Security 

Breach Liability or g. Web Site 

Publishing Liability. However, the 

Supplemental Extended 

Reporting Period will only be 

provided for the insuring 

agreement for which our renewal

or replacement endorsement

does not apply to "wrongful acts" 

on a claims-made basis.

b. A Supplemental Extended Reporting 

Period, as specified in Paragraph a.,

lasts one year and is available only for 

an additional premium.

c. The Supplemental Extended Reporting 

Period starts with the end of the Basic 

Extended Reporting Period set forth in 

Paragraph 1. It does not extend the 

"policy period" or change the scope of 

the coverage provided. It applies only to 

"claims" to which the following applies:

(1) The "claim" is first made and 

reported to us during the 

Supplemental Extended Reporting 

Period; and

(2) The "claim" arose out of either a 

"wrongful act" or the first of a series 

of "interrelated wrongful acts" which 

occurred on or after the Retroactive 

Date, if any, shown in the Schedule 

and before the end of the "policy 

period".

d. You must give us a written request for 

the Supplemental Extended Reporting 

Period within 30 days after the end of 

the "policy period" or the effective date 

of cancellation, whichever comes first.

e. The Supplemental Extended Reporting 

Period will not go into effect unless you 

pay the additional premium in full within 

30 days of tendering your request for 

the Supplemental Extended Reporting 

Period to us. Once in effect, the 

Supplemental Extended Reporting 

Period may not be cancelled.

f. 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 exposures insured;

(2) Previous types and amounts of 

insurance;

(3) Limit of Insurance available under 

this Endorsement for future payment 

of damages; and

(4) Other related factors.

The additional premium may not exceed 

200% of the annual premium for this 

Endorsement. The premium for the 

Supplemental Extended Reporting 

Period will be deemed fully earned as of 

the date it is purchased.

5. Paragraph H. Other Insurance under 

Paragraph O. is replaced by the following:

H. Other Insurance

If any "loss" resulting from any "claim" is 

insured by any other valid policy, we shall 

not be liable under this Endorsement for a 

greater proportion of such "loss" than the 

Information Security Protection Aggregate 

Limit Of Insurance stated in the Schedule 

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 Information Security Protection 

Aggregate Limit Of Insurance stated in the 

Schedule of this Endorsement.

Case: 1:20-cv-02692 Document #: 1-1 Filed: 05/04/20 Page 14 of 94 PageID #:27
Page 6 of 6 © Insurance Services Office, Inc., 2017 BP 01 54 01 18

6. The definition of "defense expenses" in 

Paragraph V. is replaced by the following:

5. "Defense expenses" means payments 

allocated to a specific "claim" we 

investigate, settle or defend, for its 

investigation, settlement or defense, 

including:

a. Fees and salaries of attorneys and 

paralegals we retain. 

b. Fees of attorneys an insured retains 

when, by our mutual agreement or court 

order (or when required by 

administrative hearing or proceeding), 

an insured is given the right to retain 

defense counsel to defend against a 

"claim".

c. All other litigation or administrative 

hearing expenses, including fees or 

expenses of expert witnesses hired 

either by us or by the defense attorney 

retained by an insured.

d. Reasonable expenses incurred by an 

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.

e. Costs taxed against an insured in the 

"suit".

"Defense expenses" does not include 

salaries and expenses of our "employees" 

or an insured's "employees" (other than 

those described in Paragraph d. above).

7. Paragraph d. of the definition of "loss" in 

Paragraph V. is replaced by the following:

d. With respect to Insuring Agreements d. 

Security Breach Liability and g. Web Site 

Publishing Liability:

Compensatory damages, settlement 

amounts and costs awarded pursuant to 

judgments or settlements.

"Loss" does not include:

(1) Civil or criminal fines or penalties 

imposed by law;

(2) Punitive or exemplary damages;

(3) The multiplied portion of multiplied 

damages;

(4) Taxes;

(5) Royalties;

(6) The amount of any disgorged profits; or

(7) Matters that are uninsurable pursuant to 

law.

Case: 1:20-cv-02692 Document #: 1-1 Filed: 05/04/20 Page 15 of 94 PageID #:28
POLICY NUMBER: TRM 589684-5 BUSINESSOWNERS

BP 05 03 01 06

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

BP 05 03 01 06 © ISO Properties, Inc., 2004 Page 1 of 2 

ILLINOIS LIQUOR LIABILITY COVERAGE

This endorsement modifies insurance provided under the following:

BUSINESSOWNERS COVERAGE FORM

SCHEDULE

Coverage Limits Of Insurance

Each Person Bodily Injury Limit Per statute 235 ILCS 5/6-21

Each Person Property Damage Limit Per statute 235 ILCS 5/6-21

Loss Of Means Of Support Or Loss Of Society Limit Per statute 235 ILCS 5/6-21

Aggregate Limit $ 1,000,000

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

With respect to Illinois locations, Section II – Liability

is amended as follows:

A. The insurance provided under Paragraph A.1.

Business Liability, also applies to all "bodily injury" or "property damage" arising out of the selling, serving or furnishing of alcoholic beverages.

B. For the insurance provided by this endorsement 

only, Paragraph B. Exclusions is amended as follows:

1. Paragraph 1. Applicable To Business Liability Coverages, other than exclusions a. Expected Or Intended Injury, d. Workers' Compensation And Similar Laws and e. Employer's Liability, does not apply.

2. The following exclusions are added:

This insurance does not apply to:

a. "Bodily injury" or "property damage" arising 

out of any alcoholic beverage sold, served 

or furnished while any required license is 

not in effect.

b. "Bodily injury" or "property damage" arising 

out of "your product". This exclusion does 

not apply to "bodily injury" or "property damage" for which the insured or the insured's 

indemnitees may be held liable by reason 

of:

(1) Causing or contributing to the intoxication of any person;

(2) The furnishing of alcoholic beverages to 

a person under the legal drinking age or 

under the influence of alcohol; or

(3) Any statute, ordinance or regulation relating to the sale, gift, distribution or use 

of alcoholic beverages.

c. Any "bodily injury" or "property damage" 

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 "bodily injury" or "property damage" imposed on the 

insured by reason of the selling, serving or 

furnishing of any alcoholic beverage.

Case: 1:20-cv-02692 Document #: 1-1 Filed: 05/04/20 Page 16 of 94 PageID #:29
Page 2 of 2 © ISO Properties, Inc., 2004 BP 05 03 01 06 

C. The following are added to Paragraph D. Liability 

And Medical Expenses Limits Of Insurance:

D. Liability And Medical Expenses Limits Of 

Insurance

5. The Liquor Liability Aggregate Limit shown 

in the Schedule of this endorsement is the 

most we will pay for all "bodily injury" and 

"property damage" as the result of the selling, serving or furnishing of alcoholic beverages.

6. Subject to the Liquor Liability Aggregate 

Limit, the Loss Of Means Of Support Or 

Loss Of Society Limit is the most we will 

pay for all loss of means of support or society sustained by one or more persons as 

the result of the selling, serving or furnishing of alcoholic beverage to any one person.

7. Subject to the Liquor Liability Aggregate 

Limit, the Each Person Bodily Injury Limit is 

the most we will pay for all "bodily injury" 

sustained by one person as a result of the 

selling, serving or furnishing of any alcoholic beverage to any one person.

8. Subject to the Liquor Liability Aggregate 

Limit, the Each Person Property Damage 

Limit is the most we will pay for all "property 

damage" sustained by one person or organization as the result of the selling, serving 

or furnishing of any alcoholic beverage to 

any one person.

Neither the Liability And Medical Expenses 

Limit Of Insurance shown in the Declarations 

nor its aggregate limits apply to damages arising out of the selling, serving or furnishing of alcoholic beverages.

D. The following paragraph is added:

CONFORMITY TO STATUTE

If the limitation provided under Section 235.5/6-21, 

as published in the Illinois Administrative Code, is 

raised during the policy period, the limits of insurance provided in the Schedule of this endorsement are hereby amended to conform to that 

statute.

Case: 1:20-cv-02692 Document #: 1-1 Filed: 05/04/20 Page 17 of 94 PageID #:30
BUSINESSOWNERS

BP 06 43 04 06

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

BP 06 43 04 06 © ISO Properties, Inc., 2005 Page 1 of 1 

ILLINOIS CHANGES – DEFENSE COSTS

This endorsement modifies insurance provided under the following:

BUSINESSOWNERS COVERAGE FORM

The following is added to Section II – Liability

Paragraph A. Coverages:

If we initially defend an insured or pay for an insured's 

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

not covered under this insurance, we will have the 

right to reimbursement for the defense costs we have 

incurred.

The right to reimbursement for the defense costs 

under this provision will only apply to defense costs 

we have incurred after we notify you in writing that 

there may not be coverage, and that we are reserving 

our rights to terminate the defense and seek 

reimbursement for defense costs.

Case: 1:20-cv-02692 Document #: 1-1 Filed: 05/04/20 Page 18 of 94 PageID #:31
BUSINESSOWNERS

BP 04 17 01 10

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

BP 04 17 01 10  Insurance Services Office, Inc., 2009 Page 1 of 1 

EMPLOYMENT-RELATED PRACTICES EXCLUSION

This endorsement modifies insurance provided under the following: 

BUSINESSOWNERS COVERAGE FORM

The following exclusion is added to Paragraph B.1.

Exclusions – Applicable To Business Liability 

Coverage in Section II – Liability:

This insurance does not apply to "bodily injury" or "personal and advertising injury" to: 

(1) A person arising out of any:

(a) Refusal to employ that person;

(b) Termination of that person's employment; or

(c) Employment-related practices, policies, acts or omissions, such as coercion, demotion, evaluation, reassignment, discipline, defamation, 

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

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

sister of that person as a consequence 

of "bodily injury" or "personal and advertising injury" to that person at whom any 

of the employment-related practices described in Paragraph (a), (b) or (c)

above is directed.

This exclusion applies: 

(1) Whether the injury-causing event described in Paragraph (a), (b) or (c)

above occurs before employment, during employment or after employment of 

that person;

(2) Whether the insured may be liable as an 

employer or in any other capacity; and

(3) To any obligation to share damages with 

or repay someone else who must pay 

damages because of the injury.

Case: 1:20-cv-02692 Document #: 1-1 Filed: 05/04/20 Page 19 of 94 PageID #:32
POLICY NUMBER: TRM 589684-5 BUSINESSOWNERS

BP 05 15 01 15

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

RESPONSE TO THE DISCLOSURE REQUIREMENTS OF THE TERRORISM RISK 

INSURANCE ACT. THIS ENDORSEMENT DOES NOT GRANT ANY COVERAGE OR 

CHANGE THE TERMS AND CONDITIONS OF ANY COVERAGE UNDER THE POLICY.

BP 05 15 01 15 © Insurance Services Office, Inc., 2015 Page 1 of 2

DISCLOSURE PURSUANT TO

TERRORISM RISK INSURANCE ACT

SCHEDULE

SCHEDULE – PART I

Terrorism Premium (Certified Acts) $

Additional information, if any, concerning the terrorism premium:

SCHEDULE – PART II

Federal share of terrorism losses 81 % Year: 20 19

(Refer to Paragraph B. in this endorsement.)

Federal share of terrorism losses 80 % Year: 20 20

(Refer to Paragraph B. in this endorsement.)

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

A. Disclosure Of Premium

In accordance with the federal Terrorism Risk 

Insurance Act, we are required to provide you with 

a notice disclosing the portion of your premium, if 

any, attributable to coverage for terrorist acts 

certified under the Terrorism Risk Insurance Act. 

The portion of your premium attributable to such 

coverage is shown in the Schedule of this 

endorsement or in the policy Declarations.

B. Disclosure Of Federal Participation In Payment 

Of Terrorism Losses

The United States Government, Department of the 

Treasury, will pay a share of terrorism losses 

insured under the federal program. The federal 

share equals a percentage (as shown in Part II of 

the Schedule of this endorsement or in the policy 

Declarations) of that portion of the amount of such 

insured losses that exceeds the applicable insurer 

retention. However, if aggregate insured losses 

attributable to terrorist acts certified under the 

Terrorism Risk Insurance Act exceed $100 billion 

in a calendar year, the Treasury shall not make 

any payment for any portion of the amount of such 

losses that exceeds $100 billion.

Case: 1:20-cv-02692 Document #: 1-1 Filed: 05/04/20 Page 20 of 94 PageID #:33
Page 2 of 2 © Insurance Services Office, Inc., 2015 BP 05 15 01 15

C. Cap On Insurer Participation In Payment Of 

Terrorism Losses

If aggregate insured losses attributable to terrorist 

acts certified under the Terrorism Risk Insurance 

Act exceed $100 billion in a calendar year and we 

have met our insurer deductible under the 

Terrorism Risk Insurance Act, we shall not be 

liable for the payment of any portion of the amount 

of such losses that exceeds $100 billion, and in 

such case insured losses up to that amount are 

subject to pro rata allocation in accordance with 

procedures established by the Secretary of the 

Treasury.

Case: 1:20-cv-02692 Document #: 1-1 Filed: 05/04/20 Page 21 of 94 PageID #:34
BUSINESSOWNERS

TBP453 (11-16)

TBP453 (11-16) © Society Insurance, Inc., 2016 Page 1 of 2

UNDERTHIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

WATER BACK-UP AND SUMP OVERFLOW

This endorsement modifies insurance provided under the following:

BUSINESSOWNERS COVERAGE FORM

SCHEDULE

Covered Property Annual Aggregate

Limit Of Insurance

Business Income And Extra Expense 

Annual Aggregate Limit Of Insurance

Policy Limit $ 25,000 $ 25,000 

OPTIONAL LOCATION SCHEDULE 

Premises Number Covered Property Limit Per Location

Business Income And Extra Expense 

Limit Of Insurance Per Location

$ $

$ $

$ $

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

A. We will pay for direct physical loss or damage to 

Covered Property, covered under Businessowners 

Special Property Coverage Form, caused by or 

resulting from:

1. Water or waterborne material which backs up 

through or overflows or is otherwise 

discharged from an interior sewer or drain; or

2. Water or waterborne material which overflows 

or is otherwise discharged from a sump, sump 

pump or related equipment, even if the 

overflow or discharge results from mechanical 

breakdown of an interior sump pump or its 

related equipment.

B. The most we will pay for the coverage provided 

under this endorsement for all direct physical loss or 

damage to Covered Property is the Covered 

Property Annual Aggregate Limit of Insurance 

shown in the Schedule.

The applicable Covered Property Annual Aggregate 

Limit of Insurance is the most we will pay under this 

endorsement for the total of all direct physical loss or 

damage at all locations sustained in any one policy 

year, regardless of the number of occurrences that 

cause or result in loss or damage to Covered 

Property. If loss payment for the first such 

occurrence does not exhaust the applicable Limit of 

Insurance, then the balance of that Limit is available 

for subsequent loss or damage sustained in, but not 

after, that policy year. With respect to an occurrence 

which begins in one policy year and continues or 

results in additional loss or damage in a subsequent 

policy year(s), all loss or damage is deemed to be 

sustained in the policy year in which the occurrence 

began.

C. We will not pay for loss in any one occurrence until 

the amount of the adjusted loss exceeds the 

deductible shown in the Declarations. We will then 

pay the amount of the adjusted loss in excess of the 

deductible, up to the applicable Limit of Insurance.

D. The following provisions apply to Businessowners 

Special Property Coverage Form and supersede 

any provisions to the contrary:

The most we will pay under:

1. Paragraph A.5.g. Business Income Additional 

Coverage for all loss of Business Income you 

sustain due to the necessary suspension of your 

"operations" caused by direct physical loss or 

damage to Covered Property as described in 

Paragraph A. of this endorsement; and

2. Paragraph A.5.h. Extra Expense Additional 

Coverage for all necessary Extra Expense you 

incur and that you would not have incurred if 

there had been no direct physical loss or damage 

to Covered Property as described in Paragraph 

A. of this endorsement;

Case: 1:20-cv-02692 Document #: 1-1 Filed: 05/04/20 Page 22 of 94 PageID #:35
Page 2 of 2 © Society Insurance, Inc., 2016 TBP453 (11-16)

is the Business Income And Extra Expense 

Annual Aggregate Limit of Insurance shown in the 

Schedule. 

The applicable Business Income And Extra 

Expense Annual Aggregate Limit of Insurance is 

the most we will pay under this endorsement for 

the total of all loss of Business Income you 

sustain and Extra Expense you incur at all 

locations in any one policy year, regardless of the 

number of occurrences that cause or result in loss 

or damage to Covered Property as described in 

Paragraph A. of this endorsement. If loss payment 

during an earlier "period of restoration" in the 

policy year does not exhaust the applicable Limit 

of Insurance, then the balance of that Limit is 

available for loss of Business Income you sustain 

or Extra Expense you incur during a subsequent 

"period of restoration" beginning in, but not after, 

that policy year. With respect to a "period of 

restoration" which begins in one policy year and 

continues in a subsequent policy year(s), all loss 

of Business Income you sustain or Extra Expense 

you incur is deemed to be sustained or incurred in 

the policy year in which the "period of restoration" 

began.

E. If the optional Location Schedule is completed, the 

most we will pay for the coverage provided under 

this endorsement for all direct physical loss or 

damage to Covered Property is the Limit per 

Location shown in the Schedule.

F. All exclusions under Businessowners Special 

Property Coverage Form apply except B.1.g.(3).

G. The following Additional Coverages do not apply 

to this Water Back-Up and Sump Overflow 

endorsement:

A.5.a., Debris Removal,

A.5.e., Water Damage, Other Liquids, Powder 

or Molten Material Damage,

A.5.j., Pollution Clean Up And Removal,

A.5.o., Ordinance Or Law 

A.5.m., Contamination

Case: 1:20-cv-02692 Document #: 1-1 Filed: 05/04/20 Page 23 of 94 PageID #:36
BUSINESSOWNERS

TSE309 (10-18)

TSE309 (10-18) © Society Insurance, Inc., 2018. Page 1 of 2

SOCIETY INSURANCE, a mutual company

TopShelf EXTENSION ENDORSEMENT

SUBJECT TO ALL TERMS AND CONDITIONS (INCLUDING DEDUCTIBLE) APPLICABLE TO THE 

BUSINESSOWNERS SPECIAL PROPERTY COVERAGE FORM AND THE BUSINESSOWNERS LIABILITY 

COVERAGE FORM OF THIS POLICY, COVERAGE IS EXTENDED TO INCLUDE THE FOLLOWING.

A. Crime

The following Optional Coverages and limits are 

included:

G.2.a. Money and Securities $2,500 Limit

G.2.b. Money Orders and 

Counterfeit Money $2,500 Limit

G.2.c. Forgery and Alteration $2,500 Limit

G.2.d. Extortion $2,500 Limit

G.2.e. Computer Fraud $2,500 Limit

G.2.f. Funds Transfer Fraud $2,500 Limit

unless a higher limit is shown in the Declarations. 

B. Employee Dishonesty

Optional Coverage G.3., Employee Dishonesty, 

is included for the limit of $50,000, unless a 

higher limit is shown in the Declarations. 

C. Fine Arts

You may extend the insurance that applies to 

Business Personal Property to apply to your fine 

arts and fine arts in your care, custody or control 

at the described premises. Special Form 

Coverage limitation A.4.b. does not apply to this 

Extension.

Fine arts as used in this endorsement means 

property having rare, historic or artistic value.

The most we will pay under this Extension is 

$5,000 but not more than $500 any one item.

D. Accounts Receivable

The most we will pay under Coverage Extension 

A.6.g., Accounts Receivable is increased to 

$15,000 at each described premises, unless a 

higher limit is shown in the Declarations.

E. Valuable Papers and Records

The most we will pay under Coverage Extension 

A.6.f., Valuable Papers and Records - Cost of 

Research, is increased to $15,000 at each 

described premises, unless a higher limit is 

shown in the Declarations.

F. Outdoor Property 

The most we will pay under Coverage Extension 

A.6.c., Outdoor Property, is increased to $15,000 

at each described premises, unless a higher limit 

is shown in the Declarations.

Property covered under this Coverage Extension 

is extended to include permanent outdoor 

shelters.

G. Pollutant Clean Up And Removal

The most we will pay under Additional 

Coverages Extension A.5.j., Pollutant Clean Up 

And Removal, is increased to $50,000 at each 

described premises.

H. Watercraft

You may extend the insurance that applies to 

Business Personal Property to apply to 

watercraft (including motors, equipment and 

accessories) owned by you and held solely for 

rental purposes. 

The most we will pay under this Extension is 

$5,000 but not more than $1,000 for any one 

item. 

I. Guest’s Personal Property

1. Coverage

We will pay those sums that you become 

legally obligated to pay as damages because 

of direct physical loss or damage, including 

loss of use, to Covered Property caused by 

accident and arising out of any Covered 

Cause of Loss. We will have the right and 

duty to defend any “suit” seeking those 

damages. But:

a. The amount we will pay for damages is 

limited as described in Limit of Insurance 

section;

b. We may investigate and settle any claim 

or “suit” at our discretion; and

c. Our right and duty to defend end when 

we have used up the Limit of 

Insurance in the payment of 

judgments or settlements.

Case: 1:20-cv-02692 Document #: 1-1 Filed: 05/04/20 Page 24 of 94 PageID #:37
Page 2 of 2 © Society Insurance, Inc., 2018. TSE309 (10-18)

2. Covered Property

Covered Property, as used in this Coverage 

Extension, means tangible property of others, 

including personal effects of guests, 

customers and employees, in your care, 

custody or control.

3. Additional Coverage - Supplementary 

Payments

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

we defend:

a. All expenses we incur.

b. The cost of bonds to release 

attachments, but only for bond amounts 

within our Limit of Insurance. We do not 

have to furnish these bonds.

c. All reasonable expenses incurred by you 

at our request, including actual loss of 

earnings up to $100 a day because of 

time off from work.

d. All costs taxed against you in the “suit”.

e. Prejudgment interest awarded against 

you on that part of the judgment we pay. 

If we make an offer to pay the Limit of 

Insurance, we will not pay any 

prejudgment interest based on that 

period of time after the offer.

f. 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 our 

Limit of Insurance.

4. Limit of Insurance

The most we will pay in damages as the 

result of any one accident is $5,000.

Payments under the Additional Coverage are 

in addition to the Limit of Insurance.

5. Definition

“Suit” includes an arbitration proceeding to 

which you must submit or submit with our 

consent. 

J. The Following Codes apply to 

Businessowners Liability Coverage Form On 

An “If Any” Basis:

1. Sponsored Athletic Events

40059

Athletic games sponsored, managed or 

supervised by you providing:

a. The event is away from the premises

owned or controlled by you.

b. The majority of the participants 

representing you are not your 

employees.

c. There is no charge other than for 

charitable purposes.

2. Special Events

43424

Exhibitions - no stadiums or grandstands -

events not to exceed 14 days held on or off 

premises owned or controlled by you for 

purposes related to the operation of your 

business.

K. The following endorsement also applies to 

this TopShelf Extension Endorsement:

1. Product Spoilage

Unless a higher Limit of Insurance is 

purchased for an additional premium, the 

Limit of Insurance shown in the Schedule of 

the Product Spoilage endorsement is the limit 

provided by this extension endorsement or 

the Limit of Insurance for Business Personal 

Property, whichever is less.

This endorsement does not otherwise amend or 

alter the coverage or limits provided in the 

endorsements shown above.

Case: 1:20-cv-02692 Document #: 1-1 Filed: 05/04/20 Page 25 of 94 PageID #:38
BUSINESSOWNERS

TBP6 (05-15)

TBP6 (05-15) © Society Insurance, Inc., 2015. Page 1 of 16 

BUSINESSOWNERS 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. 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 C – WHO IS AN 

INSURED. 

Other words and phrases that appear in quotation marks have special meaning. Refer to SECTION F – LIABILITY 

AND MEDICAL EXPENSES DEFINITIONS. 

A. Coverages 

1. Business Liability 

a. We will pay those sums that the insured 

becomes legally obligated to pay as 

damages because of "bodily injury", 

"property damage" or "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 "bodily 

injury", "property damage" or "personal and 

advertising injury", to which this insurance 

does not apply. We may at our discretion, 

investigate any "occurrence" or 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 Paragraph D

– Liability And Medical Expenses 

Limits Of Insurance in Section II – 

Liability; and 

2) Our right and duty to defend end 

when we have used up the applicable 

limit of insurance in the payment of 

judgments or settlements or medical 

expenses. 

No other obligation or liability to pay sums 

or perform acts or services is covered 

unless explicitly provided for under 

Paragraph f. Coverage Extension – 

Supplementary Payments. 

b. This insurance applies: 

1) To "bodily injury" and "property 

damage" only if: 

a) The "bodily injury" or "property 

damage" is caused by an 

"occurrence" that takes place in the 

"coverage territory";

b) The "bodily injury" or "property 

damage" occurs during the policy 

period; and

c) Prior to the policy period, no 

insured listed under Paragraph C.1.

Who Is An Insured and no 

"employee" authorized by you to 

give or receive notice of an 

"occurrence" or claim, knew that 

the "bodily injury" or "property 

damage" had occurred, in whole or 

in part. If such a listed insured or 

authorized "employee" knew, prior 

to the policy period, that the "bodily 

injury" or "property damage" 

occurred, then any continuation, 

change or resumption of such 

"bodily injury" or "property damage" 

during or after the policy period will 

be deemed to have been known 

before the policy period.

2) To "personal and advertising injury" 

caused by an offense arising out of 

your business, but only if the offense 

was committed in the "coverage 

territory" during the policy period. 

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

occurs during the policy period and was 

not, prior to the policy period, known to 

have occurred by any insured listed under 

Paragraph C.1. Who Is An Insured or any 

"employee" authorized by you to give or 

receive notice of an "occurrence" or claim, 

includes any continuation, change or 

resumption of "bodily injury" or "property 

damage" after the end of the policy period.

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

deemed to have been known to have 

occurred at the earliest time when any 

insured listed under Paragraph C.1. Who 

Is An Insured or any "employee" authorized 

by you to give or receive notice of an 

"occurrence" or claim:

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

injury" or "property damage" to us or 

any other insurer; 

Case: 1:20-cv-02692 Document #: 1-1 Filed: 05/04/20 Page 26 of 94 PageID #:39
Page 2 of 18 © Society Insurance, Inc., 2015. TBP6 (05-15)

2) Receives a written or verbal demand or 

claim for damages because of the 

"bodily injury" or "property damage"; or

3) Becomes aware by any other means 

that "bodily injury" or "property damage" 

has occurred or has begun to occur.

e. Damages because of "bodily injury" include 

damages claimed by any person or 

organization for care, loss of services or 

death resulting at any time from the "bodily 

injury". 

f. Coverage Extension – Supplementary 

Payments 

1) We will pay, with respect to any claim 

we investigate or settle, or any "suit" 

against an insured we defend:

a) All expenses we incur. 

b) Up to $250 for cost of bail bonds 

required because of accidents or 

traffic law violations arising out of 

the use of any vehicle to which 

Business Liability Coverage for 

"bodily injury" applies. We do not 

have to furnish these bonds. 

c) The cost of bonds to release 

attachments, but only for bond 

amounts within our Limit of 

Insurance. We do not have to 

furnish these bonds. 

d) All reasonable expenses incurred 

by the insured at our request to 

assist us in the investigation or 

defense of the claim or "suit", 

including actual loss of earnings 

up to $250 a day because of time 

off from work. 

e) All court costs taxed against the 

insured in the "suit". However, 

these payments do not include 

attorneys’ fees or attorneys’ 

expenses taxed against the 

insured. 

f) Prejudgment interest awarded 

against the insured on that part of 

the judgment we pay. If we make 

an offer to pay the Limit of 

Insurance, we will not pay any 

prejudgment interest based on 

that period of time after the offer. 

g) All interest on the full amount of 

any judgment that accrues after 

entry of the judgment and before 

we have paid, offered to pay, or 

deposited in court the part of the 

judgment that is within our Limit 

of Insurance. 

These payments will not reduce the 

limit of liability

2) If we defend an insured against a 

"suit" and an indemnitee of the 

insured is also named as a party to 

the "suit", we will defend that 

indemnitee if all of the following 

conditions are met: 

a) The "suit" against the indemnitee 

seeks damages for which the 

insured has assumed the liability of 

the indemnitee in a contract or 

agreement that is an "insured 

contract"; 

b) This insurance applies to such 

liability assumed by the insured; 

c) The obligation to defend, or the 

cost of the defense of, that 

indemnitee, has also been 

assumed by the insured in the 

same "insured contract"; 

d) The allegations in the "suit" and the 

information we know about the 

"occurrence" are such that no 

conflict appears to exist between 

the interests of the insured and the 

interests of the indemnitee: 

e) The indemnitee and the insured 

ask us to conduct and control the 

defense of that indemnitee against 

such "suit" and agree that we can 

assign the same counsel to defend 

the insured and the indemnitee; 

and 

f) The indemnitee: 

i) Agrees in writing to: 

i. Cooperate with us in the 

investigation, settlement or 

defense of the "suit"; 

ii. Immediately send us copies 

of any demands, notices, 

summonses or legal papers 

received in connection with 

the "suit"; 

iii. Notify any other insurer 

whose coverage is 

available to the indemnitee; 

and 

iv. Cooperate with us with 

respect to coordinating 

other applicable insurance 

available to the indemnitee; 

and 

ii) Provides us with written 

authorization to: 

i. Obtain records and other 

information related to the 

"suit"; and 

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ii. Conduct and control the 

defense of the indemnitee 

in such "suit". 

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3) So long as the conditions in Paragraph 

2. are met, attorneys' fees incurred by 

us in the defense of that indemnitee, 

necessary litigation expenses incurred 

by us and necessary litigation expenses 

incurred by the indemnitee at our 

request will be paid as Supplementary 

Payments. Notwithstanding the 

provisions of Paragraph B.1.b.(2)

Exclusions in Section II – Liability, 

such payments will not be deemed to 

be damages for "bodily injury" and 

"property damage" and will not reduce 

the limits of insurance. 

Our obligation to defend an insured's 

indemnitee and to pay for attorneys' fees 

and necessary litigation expenses as 

Supplementary Payments ends when: 

a) We have used up the applicable 

limit of insurance in the payment 

of judgments or settlements; or 

b) The conditions set forth above, or 

the terms of the agreement 

described in Paragraph 2.f. above 

are no longer met. 

2. Medical Expenses 

a. We will pay medical expenses as 

described below for "bodily injury" caused 

by an accident: 

1) On premises you own or rent; 

2) On ways next to premises you own or 

rent; or 

3) Because of your operations; 

provided that: 

a) The accident takes place in the 

"coverage territory" and during 

the policy period; 

b) The expenses are incurred and 

reported to us within one year of 

the date of the accident; and 

c) The injured person submits to 

examination, at our expense, by 

physicians of our choice as often 

as we reasonably require. 

b. We will make these payments regardless 

of fault. These payments will not exceed 

the Limits of Insurance of Section II – 

Liability. 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. 

4) Preventative treatment, medication or 

inoculations made necessary due to 

discovery of, suspicion of, or exposure to 

communicable disease or contaminated 

products at the described premises. 

B. Exclusions 

1. Applicable To Business Liability Coverage

This insurance does not apply to: 

a. Expected Or Intended Injury 

"Bodily injury" or "property damage" 

expected or intended from the standpoint 

of the insured. This exclusion does not 

apply to "bodily injury" resulting from the 

use of reasonable force to protect persons 

or property. 

b. Contractual Liability 

"Bodily injury" or "property damage" for 

which the insured is obligated to pay 

damages by reason of the assumption of 

liability in a contract or agreement. This 

exclusion does not apply to liability for 

damages: 

1) That the insured would have in the 

absence of the contract or 

agreement; or 

2) Assumed in a contract or agreement 

that is an "insured contract", provided 

the "bodily injury" or "property 

damage" occurs subsequent to the 

execution of the contract or 

agreement. Solely for the purposes of 

liability assumed in an "insured 

contract", reasonable attorney fees 

and necessary litigation expenses 

incurred by or for a party other than 

an insured are deemed to be 

damages because of "bodily injury" or 

"property damage", provided: 

a) Liability to such party for, or for 

the cost of, that party's defense 

has also been assumed in the 

same "insured contract"; and 

b) Such attorney fees and litigation 

expenses are for defense of that 

party against a civil or alternative 

dispute resolution proceeding in 

which damages to which this 

insurance applies are alleged. 

c. Liquor Liability 

"Bodily injury" or "property damage" for 

which any insured may be held liable by 

reason of: 

1) Causing or contributing to the 

intoxication of any person; 

2) The furnishing of alcoholic beverages 

to a person under the legal drinking age 

or under the influence of alcohol; or 

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3) Any statute, ordinance or regulation 

relating to the sale, gift, distribution or 

use of alcoholic beverages.

This exclusion applies even if the 

claims allege negligence or other 

wrongdoing in:

a) The supervision, hiring, employment 

training or monitoring of others by 

an insured; or

b) Providing or failing to provide 

transportation with respect to any 

person that may be under the 

influence of alcohol if the 

“occurrence” which caused the 

“bodily injury” or “property 

damage”, involved that which is 

described in Paragraph (1), (2) or 

(3) above.

This exclusion applies only if you:

1) Manufacture, sell or distribute alcoholic 

beverages;

2) Serve or furnish alcoholic beverages 

for a charge whether or not such 

activity:

a) Requires a license;

b) Is for the purpose of financial gain 

or livelihood; or

3) Serve or furnish alcoholic beverages 

without a charge, if a license is 

required for such activity. 

4) Permit any person to bring any 

alcoholic beverages on your premises

 for consumption on your premises.

d. Workers' Compensation And Similar Laws

Any obligation of the insured under a 

workers' compensation, disability benefits 

or unemployment compensation law or any 

similar law. 

e. Employer's Liability 

"Bodily Injury" to: 

1) An "employee" of the insured arising 

out of and in the course of: 

a) Employment by the insured; or 

b) Performing duties related to the 

conduct of the insured's business; 

or 

2) The spouse, child, parent, brother or 

sister of that "employee" as a 

consequence of Paragraph (1) above. 

This exclusion applies whether the 

insured may be liable as an employer 

or in any other capacity and to any 

obligation to share damages with or 

repay someone else who must pay 

damages because of the injury. 

This exclusion does not apply to 

liability assumed by the insured under 

an "insured contract". 

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f. Pollution 

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

out of the actual, alleged or threatened 

discharge, dispersal, seepage, migration, 

release or escape of "pollutants": 

a) At or from any premises, site or 

location which is or was at any 

time owned or occupied by, or 

rented or loaned to, any insured. 

However, this subparagraph does 

not apply to:

i) "Bodily injury" if sustained 

within a building and caused by 

smoke, fumes, vapor or soot 

produced by or originating from 

equipment that is used to heat 

cool or dehumidify the building, 

or equipment that is used to 

heat water for personal use, by 

the building’s occupants or 

their guests;

ii) "Bodily injury" or "property 

damage" for which you may be 

held liable, if you are a 

contractor and the owner or 

lessee of such premises, site 

or location has been added to 

your policy as an additional 

insured with respect to your 

ongoing operations performed 

for that additional insured at 

that premises, site or location 

and such premises, site or 

location is not and never was 

owned or occupied by, or 

rented or loaned to, any 

insured, other than that 

additional insured; or

iii) "Bodily injury" or "property 

damage" arising out of heat, 

smoke or fumes from a "hostile 

fire";

b) At or from any premises, site or 

location which is or was at any 

time used by or for any insured or 

others for the handling, storage, 

disposal, processing or treatment 

of waste; 

c) Which are or were at any time 

transported, handled, stored, 

treated, disposed of, or processed 

as waste by or for: 

i) Any insured; or 

ii) Any person or organization 

for whom you may be legally 

responsible; or 

d) At or from any premises, site or 

location on which any insured or 

any contractors or subcontractors 

working directly or indirectly on any 

insured's behalf are performing 

operations if the "pollutants" are 

brought on or to the premises, site 

or location in connection with such 

operations by such insured, 

contractor or subcontractor. 

However, this subparagraph does 

not apply to: 

i) "Bodily injury" or "property 

damage" arising out of the 

escape of fuels, lubricants or 

other operating fluids which are 

needed to perform the normal 

electrical, hydraulic or 

mechanical functions 

necessary for the operation of 

"mobile equipment" or its parts, 

if such fuels, lubricants or other 

operating fluids escape from a 

vehicle part designed to hold, 

store or receive them. This 

exception does not apply if the 

"bodily injury" or "property 

damage" arises out of the 

intentional discharge, dispersal 

or release of the fuels, 

lubricants or other operating 

fluids, or if such fuels, lubricants 

or other operating fluids are 

brought on or to the premises, 

site or location with the intent 

that they be discharged, 

dispersed or released as part of 

the operations being performed 

by such insured, contractor or 

subcontractor;

ii) "Bodily injury" or "property 

damage" sustained within a 

building and caused by the 

release of gases, fumes or 

vapors from materials brought 

into that building in connection 

with operations being 

performed by you or on your 

behalf by a contractor or 

subcontractor; or

iii) "Bodily injury" or "property 

damage" arising out of heat, 

smoke or fumes from a "hostile 

fire".

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, 

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detoxify or neutralize, or in any 

way respond to, or assess the 

effects of, "pollutants".

2) Any loss, cost or expense arising out 

of any: 

a) Request, demand, order or statutory 

or regulatory requirement that any 

insured or others test for, monitor, 

clean up, remove, contain, treat, 

detoxify or neutralize, or in any way 

respond to, or assess the effects of, 

"pollutants"; or 

b) Claim or "suit" by or on behalf of a 

governmental authority for damages 

because of testing for, monitoring, 

cleaning up, removing, containing, 

treating, detoxifying or neutralizing, or 

in any way responding to, or 

assessing the effects of, "pollutants". 

However, this paragraph does not 

apply to liability for damages because 

of "property damage" that the insured 

would have in the absence of such 

request, demand, order or statutory or 

regulatory requirement or such claim 

or "suit" by or on behalf of a 

governmental authority.

g. Aircraft, Auto Or Watercraft 

"Bodily injury" or "property damage" arising 

out of the ownership, maintenance, use or 

entrustment to others of any aircraft, "auto" 

or watercraft owned or operated by or 

rented or loaned to any insured. Use 

includes operation and "loading or 

unloading". 

This exclusion applies even if the claims 

allege negligence or other wrongdoing in 

the supervision, hiring, employment, 

training or monitoring of others by an 

insured, if the "occurrence" which caused 

the "bodily injury" or "property damage" 

involved the ownership, maintenance, use 

or entrustment to others of any aircraft, 

"auto" or watercraft that is owned or 

operated by or rented or loaned to any 

insured.

This exclusion does not apply to: 

1) A watercraft while ashore on 

premises you own or rent;

2) A watercraft you do not own that is: 

a) Less than 51 feet long; and 

b) Not being used to carry persons 

or property for a charge; 

3) Parking an "auto" on, or on the ways 

next to, premises you own or rent, 

provided the "auto" is not owned by or 

rented or loaned to you or the 

insured; 

4) Liability assumed under any "insured 

contract" for the ownership, 

maintenance or use of aircraft or 

watercraft; or 

5) "Bodily injury" or "property damage" 

arising out of:

a) The operation of machinery or 

equipment that is attached to, or 

part of, a land vehicle that would 

qualify under the definition of 

"mobile equipment" if it were not 

subject to a compulsory or 

financial responsibility law or 

other motor vehicle insurance or 

motor vehicle registration law 

where it is licensed or principally 

garaged; or 

b) The operation of any of the following 

machinery or equipment:

i) Cherry pickers and similar 

devices mounted on automobile 

or truck chassis and used to 

raise or lower workers; and

ii) Air compressors, pumps and 

generators, including spraying, 

welding, building cleaning, 

geophysical exploration, lighting 

and well servicing equipment.

h. Mobile Equipment 

"Bodily injury" or "property damage" arising 

out of: 

1) The transportation of "mobile 

equipment" by an "auto" owned or 

operated by or rented or loaned to 

any insured; or 

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

while in practice for, or while being 

prepared for, any prearranged racing, 

speed, demolition or stunting activity. 

i. War 

"Bodily injury", "property damage" or 

"personal and advertising injury", however 

caused, arising, directly or indirectly, out of:

1) War, including undeclared or civil war;

2) Warlike action by a military force, 

including action in hindering or 

defending against an actual or 

expected attack, by any government, 

sovereign or other authority using 

military personnel or other agents; or

3) Insurrection, rebellion, revolution, 

usurped power, or action taken by 

government authority in hindering or 

defending against any of these.

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j. Professional Services 

"Bodily injury", "property damage", or 

"personal and advertising injury" caused by 

the rendering or failure to render any 

professional service. This includes but is 

not limited to:

1) Legal, accounting or advertising 

services;

2) Preparing, approving, or failing to 

prepare or approve maps, drawings, 

opinions, reports, surveys, change 

orders, designs or specifications; 

3) Supervisory, inspection or 

engineering services; 

4) Medical, surgical, dental, x-ray or 

nursing services treatment, advice or 

instruction; 

5) Any health or therapeutic service 

treatment, advice or instruction; 

6) Any service, treatment, advice or 

instruction for the purpose of 

appearance or skin enhancement, 

hair removal or replacement or 

personal grooming; 

7) Optometry or optical or hearing aid 

services including the prescribing, 

preparation, fitting, demonstration or 

distribution of ophthalmic lenses and 

similar products or hearing aid 

devices; 

8) Body piercing services; and 

9) Services in the practice of pharmacy. 

This exclusion applies even if the 

claims allege negligence or other 

wrongdoing in the supervision, hiring, 

employment, training or monitoring of 

others by an insured, if the 

“occurrence” which caused the “bodily 

injury’ or “property damage” or the 

offense which caused the “personal 

and advertising injury” involved the 

rendering of failure to render of any 

professional service.

k. Damage To Property 

"Property damage" to: 

1) Property you own, rent or occupy, 

including any costs or expenses 

incurred by you, or any other person, 

organization or entity, for repair, 

replacement, enhancement, restoration 

or maintenance of such property for any 

reason, including prevention of injury to 

a person or damage to another's property;

2) Premises you sell, give away or 

abandon, if the "property damage" 

arises out of any part of those 

premises; 

3) Property loaned to you; 

4) Personal property in the care, custody or 

control of the insured; 

5) That particular part of real property on 

which you or any contractor or 

subcontractor working directly or indirectly 

on your behalf is performing operations, if 

the "property damage" arises out of those 

operations; or 

6) That particular part of any property that 

must be restored, repaired or replaced 

because "your work" was incorrectly 

performed on it. 

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

exclusion do not apply to "property 

damage" (other than damage by fire) to 

premises, including the contents of such 

premises, rented to you for a period of 7 or 

fewer consecutive days. A separate limit of 

insurance applies to Damage To Premises 

Rented To You as described in Paragraph 

D. Liability And Medical Expenses Limit Of 

Insurance in Section II – Liability.

Paragraph (2) of this exclusion does not 

apply if the premises are "your work" and 

were never occupied, rented or held for 

rental by you. 

Paragraphs (3), (4), (5) and (6) of this 

exclusion do not apply to liability assumed 

under a sidetrack agreement. 

Paragraph (6) of this exclusion does not 

apply to "property damage" included in the 

"products – completed operations hazard". 

l. Damage To Your Product 

"Property damage" to "your product" 

arising out of it or any part of it. 

m. Damage To Your Work 

"Property damage" to "your work" arising 

out of it or any part of it and included in the 

"products – completed operations hazard". 

This exclusion does not apply if the 

damaged work or the work out of which the 

damage arises was performed on your 

behalf by a subcontractor. 

n. Damage To Impaired Property Or 

Property Not Physically Injured 

"Property damage" to "impaired property" 

or property that has not been physically 

injured, arising out of: 

1) A defect, deficiency, inadequacy or 

dangerous condition in "your product" 

or "your work"; or 

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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. 

o. Recall Of Products, Work Or Impaired 

Property 

Damages claimed for any loss, cost or 

expense incurred by you or others for the 

loss of use, withdrawal, recall, inspection, 

repair, replacement, adjustment, removal 

or disposal of: 

1) "Your product"; 

2) "Your work"; or 

3) "Impaired property"; 

if such product, work or property is 

withdrawn or recalled from the market or 

from use by any person or organization 

because of a known or suspected defect, 

deficiency, inadequacy or dangerous 

condition in it. 

p. Personal And Advertising Injury 

"Personal and advertising injury": 

1) 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";

2) Arising out of oral or written publication, 

in any manner, of material, if done by 

or at the direction of the insured with 

knowledge of its falsity; 

3) Arising out of oral or written publication, 

in any manner, of material whose first 

publication took place before the 

beginning of the policy period; 

4) For which the insured has assumed 

liability in a contract or agreement. This 

exclusion does not apply to liability for 

damages that the insured would have 

in the absence of the contract or 

agreement;

5) Arising out of a breach of contract, 

except an implied contract to use 

another's advertising idea in your 

"advertisement";

6) Arising out of the failure of goods, 

products or services to conform with 

any statement of quality or performance 

made in your "advertisement";

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7) Arising out of the wrong description of 

the price of goods, products or services 

stated in your "advertisement";

8) Committed by an insured whose 

business is: 

a) Advertising, broadcasting, publishing 

or telecasting;

b) Designing or determining content of 

web-sites for others; or

c) An Internet search, access, content 

or service provider.

However, this exclusion does not 

apply to Paragraphs 14.a., b. and c.

of "personal and advertising injury" 

under Paragraph F. Liability And 

Medical Expenses Definitions.

For the purposes of this exclusion, 

the placing of frames, borders or 

links, or advertising, for you or others 

anywhere on the Internet, by itself, is 

not considered the business of 

advertising, broadcasting, publishing 

or telecasting.

9) Arising out of the actual, alleged or 

threatened discharge, dispersal, 

seepage, migration, release or 

escape of "pollutants" at any time. 

10) With respect to any loss, cost or 

expense arising out of any: 

a) Request, demand or order that any 

insured or others test for, monitor, 

clean-up, remove, contain, treat, 

detoxify or neutralize or in any way 

respond to, or assess the effects of, 

"pollutants"; or 

b) Claim or "suit" by or on behalf of a 

governmental authority for damages 

because of testing for, monitoring, 

cleaning up, removing, containing, 

treating, detoxifying or neutralizing 

or in any way responding to, or 

assessing the effects of, 

"pollutants".

11) Arising out of an electronic chatroom or 

bulletin board the insured hosts, owns 

or over which the insured exercises 

control.

12) Arising out of the infringement of 

copyright, patent, trademark, trade 

secret or other intellectual property 

rights. Under this exclusion, such other 

intellectual property rights do not 

include the use of another’s advertising 

idea in your “advertisement”.

However, this exclusion does not 

apply to infringement, in your 

"advertisement", of copyright, trade 

dress or slogan.

13) Arising out of the unauthorized use of 

another's name or product in your e-mail 

address, domain name or metatags, or 

any other similar tactics to mislead 

another's potential customers.

q. Electronic Data

Damages arising out of the loss of, loss of 

use of, damage to, corruption of, inability to 

access, or inability to manipulate electronic 

data.

However this exclusion does not apply to 

liability for damages because of “bodily 

injury”.

As used in this exclusion, electronic data 

means information, facts or computer 

programs stored as or on, created or used 

on, or transmitted to or from computer 

software, (including systems and 

applications software), on hard or floppy 

disks, CD-ROMS, tapes, drives, cells, data 

processing devices or any other repositories 

of computer software which are used with 

electronically controlled equipment. The term 

computer programs, referred to in the 

foregoing description of electronic data, 

means a set of related electronic instructions 

which direct the operations and functions of a 

computer or device to receive, process, 

store, retrieve or send data

r. Criminal Acts

"Personal and advertising injury" arising 

out of a criminal act committed by or at the 

direction of the insured.

s. Recording And Distribution Of Material 

Or Information In Violation Of Law 

"Personal and advertising injury" arising 

directly or indirectly out of any action or 

omission that violates or is alleged to 

violate:

1) The Telephone Consumer Protection 

Act (TCPA), including any amendment 

of or addition to such law; or

2) The CAN-SPAM Act of 2003, including 

any amendment of or addition to such 

law; or

3) The Fair Credit Reporting Act (FCRA), 

and any amendment of or addition to 

such law, including the Fair and 

Accurate Credit Transaction Act (FACTA); 

or

4) Any federal, state, or local statute, 

ordinance or regulation, other than 

the TCPA CAN-SPAM Act of 2003 or 

FCRA and their amendments and 

additions, that addresses, prohibits, 

or limits the printing, dissemination, 

disposal, collecting, recording, sending, 

transmitting, communicating or 

distribution of material or information.

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Exclusions c., d., e., f., g., h., i., k., l., 

m., n. and o. in Section II – Liability

do not apply to damage by fire to 

premises while rented to you, or 

temporarily occupied by you with 

permission of the owner. A separate 

Damage To Premises Rented To You 

Limit of Insurance applies to this 

coverage as described in Paragraph 

D. Liability And Medical Expenses 

Limits of Insurance in Section II – 

Liability. 

2. Applicable To Medical Expenses Coverage 

We will not pay expenses for "bodily injury": 

a. To any insured, except "volunteer 

workers". 

b. To a person hired to do work for or on 

behalf of any insured or a tenant of any 

insured. 

c. To a person injured on that part of 

premises you own or rent that the person 

normally occupies. 

d. To a person, whether or not an "employee" 

of any insured, if benefits for the "bodily 

injury" are payable or must be provided 

under a workers' compensation or disability 

benefits law or a similar law. 

e. To a person injured while practicing, 

instructing or participating in any physical 

exercises or games, sports, or athletic 

contests. 

f. Included within the "products – completed 

operations hazard". 

g. Excluded under Business Liability 

Coverage. 

h. To the extent that medical or dental 

expenses are payable under:

1) Any other medical payments 

insurance

2) Any form of accident, sickness or 

health insurance; or

3) Any form of welfare benefit plan 

including Federal and State plans and 

plans established under the 

Employee Retirement Income 

Security Act (ERISA).

3. Applicable To Both Business Liability 

Coverage And Medical Expenses Coverage 

– Nuclear Energy Liability Exclusion 

This insurance does not apply: 

a. Under Business 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 the 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 

termination upon exhaustion of its 

limit of liability; or 

2) Resulting from the "hazardous 

properties" of "nuclear material" and 

with respect to which: 

a) Any person or organization is 

required to maintain financial 

protection pursuant to the Atomic 

Energy Act of 1954, or any law 

amendatory thereof; or 

b) The insured is, or had this policy 

not been issued would be, entitled 

to indemnity from the United 

States of America, or any agency 

thereof, under any agreement 

entered into by the United States 

of America, or any agency 

thereof, with any person or 

organization. 

b. Under Medical Expenses Coverage, to 

expenses incurred with respect to "bodily 

injury" resulting from the "hazardous 

properties" of "nuclear material" and 

arising out of the operation of a "nuclear 

facility" by any person or organization. 

c. Under Business Liability Coverage, to 

"bodily injury" or "property damage" 

resulting from the "hazardous properties" 

of the "nuclear material"; if: 

1) The "nuclear material": 

a) Is at any "nuclear facility" owned 

by, or operated by or on behalf of, 

an insured; or 

b) Has been discharged or 

dispersed therefrom; 

2) The "nuclear material" is contained in 

"spent fuel" or "waste" at any time 

possessed, handled, used, 

processed, stored, transported or 

disposed of by or on behalf of an 

insured; or 

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3) The "bodily injury" or "property 

damage" arises out of the furnishing 

by an insured of services, materials, 

parts or equipment in connection with 

the planning, construction, 

maintenance, operation or use of any 

"nuclear facility"; but if such facility is 

located within the United States of 

America, its territories or possessions 

or Canada, this Exclusion (3) applies 

only to "property damage" to such 

"nuclear facility" and any property 

thereat. 

d. As used in this exclusion: 

1) "By-product material" has the 

meaning given it in the Atomic Energy 

Act of 1954 or in any law amendatory 

thereof; 

2) "Hazardous properties" include 

radioactive, toxic or explosive 

properties; 

3) "Nuclear facility" means: 

a) Any "nuclear reactor"; 

b) Any equipment or device 

designed or used for: 

i) Separating the isotopes of 

uranium or plutonium; 

ii) Processing or utilizing "spent 

fuel"; or 

iii) Handling, processing or 

packaging "waste"; 

c) Any equipment or device used for 

the processing, fabricating or 

alloying of "special nuclear 

material" if at any time the total 

amount of such material in the 

custody of the insured at the 

premises where such equipment 

or device is located consists of or 

contains more than 25 grams of 

plutonium or uranium 233 or any 

combination thereof, or more than 

250 grams of uranium 235; 

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; 

4) "Nuclear material" means "source 

material", "special nuclear material" or 

"by-product material"; 

5) "Nuclear reactor" means any apparatus 

designed or used to sustain nuclear 

fission in a self-supporting chain 

reaction or to contain a critical mass of 

fissionable material; 

6) "Property damage" includes all forms of 

radioactive contamination of property. 

7) "Source material" has the meaning 

given it in the Atomic Energy Act of 

1954 or in any law amendatory thereof; 

8) "Special nuclear material" has the 

meaning given it in the Atomic Energy 

Act of 1954 or in any law amendatory 

thereof; 

9) "Spent fuel" means any fuel element 

or fuel component, solid or liquid, 

which has been used or exposed to 

radiation in a "nuclear reactor"; 

10) "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 

Paragraphs (a) and (b) of the 

definition of "nuclear facility". 

C. Who Is An Insured 

1. If you are designated in the Declarations as: 

a. An individual, you and your spouse are 

insureds, but only with respect to the 

conduct of a business of which you are the 

sole owner. 

b. A partnership or joint venture, you are an 

insured. Your members, your partners and 

their spouses are also insureds, but only 

with respect to the conduct of your 

business. 

c. A limited liability company, you are an 

insured. Your members are also insureds, 

but only with respect to the conduct of your 

business. Your managers are insureds, but 

only with respect to their duties as your 

managers. 

d. An organization other than a partnership, 

joint venture or limited liability company, 

you are an insured. Your "executive 

officers" and directors are insureds, but 

only with respect to their duties as your 

officers or directors. Your stockholders are 

also insureds, but only with respect to their 

liability as stockholders. 

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TBP6 (05-15) © Society Insurance, Inc., 2015. Page 13 of 18

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

are also insureds but only with respect to 

their duties as trustees

2. Each of the following is also an insured: 

a. Your "volunteer workers" only while 

performing duties related to the conduct of 

your business, or your "employees", other 

than either your "executive officers" (if you 

are an organization other than a 

partnership, joint venture or limited liability 

company) or your managers (if you are a 

limited liability company), but only for acts 

within the scope of their employment by 

you or while performing duties related to 

the conduct of your business. However, 

none of these "employees" or "volunteer 

workers" are insureds for: 

1) "Bodily injury" or "personal and 

advertising injury": 

a) To you, to your partners or 

members (if you are a partnership 

or joint venture), to your members 

(if you are a limited liability 

company), or 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" as a consequence of 

Paragraph (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 (a) or (b); 

or 

d) Arising out of his or her providing or 

failing to provide professional 

health care services.

2) "Property damage" to property: 

a) Owned, occupied or used by, 

b) Rented to, in the care, custody or 

control of, or over which physical 

control is being exercised for any 

purpose by you, any of your 

"employees", "volunteer workers", 

any partner or member (if you are 

a partnership or joint venture), or 

any member (if you are a limited 

liability company). 

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

"volunteer worker"), or any organization 

while acting as your real estate manager. 

c. Any person or organization having proper 

temporary custody of your property if you 

die, but only: 

1) With respect to liability arising out of 

the maintenance or use of that 

property; and 

2) Until your legal representative has 

been appointed. 

d. Your legal representative if you die, but 

only with respect to duties as such. That 

representative will have all your rights and 

duties under this policy. 

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. 

D. Liability And Medical Expenses Limits Of 

Insurance

1. The Limits of Insurance of Section II – 

Liability 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 most we will pay for the sum of all 

damages because of all: 

a. "Bodily injury", "property damage" and 

medical expenses arising out of any one 

"occurrence"; and

b. "Personal and advertising injury" sustained 

by any one person or organization; 

is the Liability and Medical Expenses limit 

shown in the Declarations. But the most we will 

pay for all medical expenses because of "bodily 

injury" sustained by any one person is the 

Medical Expenses limit shown in the 

Declarations. 

3. The most we will pay under Business Liability 

Coverage for damages because of "property 

damage" to a premises while rented to you or 

in the case of fire while rented to you or 

temporarily occupied by you with permission of 

the owner, is the applicable Damage To 

Premises Rented To You limit shown for that 

premises in the Declarations. For a premises 

temporarily occupied by you, the applicable 

limit will be the highest Damage To Premises 

Rented To You limit shown in the Declarations.

4. Aggregate Limits 

The most we will pay for: 

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a. All "bodily injury" and "property damage" 

that is included in the "products-completed 

operations hazard" is the Products/ 

Completed Operations Aggregate shown in 

the Declarations.

b. All:

1) "Bodily injury" and "property damage" 

except damages because of "bodily 

injury" or "property damage" included 

in the "products-completed operations 

hazard";

2) Plus medical expenses; 

3) Plus all "personal and advertising injury" 

caused by offenses committed; 

is the Other Than Products/Completed 

Operations Aggregate shown in the 

Declarations.

c. Aggregate limits apply separately to:

1) Each of your projects away from 

premises owned by or rented to you; 

and

2) Each of your “locations” owned or 

rented to you.

“Location” means premises involving the 

same or connecting lots, or premises 

whose connection is interrupted only by a 

street, roadway or right-of-way of a 

railroad. 

Subject to Paragraph a. or b. above, 

whichever applies, the Damage To 

Premises Rented To You Limit is the most 

we will pay for damages because of 

"property damage" to any one premises, 

while rented to you, or in the case of fire, 

while rented to you or temporarily occupied 

by you with permission of the owner.

The Limits of Insurance of Section II – 

Liability apply separately to each 

consecutive annual period and to any 

remaining period of less than 12 months, 

starting with the beginning of the policy 

period shown in the Declarations, unless 

the policy period is extended after 

issuance for an additional period of less 

than 12 months. In that case, the additional 

period will be deemed part of the last 

preceding period for purposes of 

determining the Limits of Insurance. 

E. Liability And Medical Expenses General 

Conditions 

1. Bankruptcy 

Bankruptcy or insolvency of the insured or of 

the insured's estate will not relieve us of our 

obligations under this policy. 

2. Duties In The Event Of Occurrence, 

Offense, Claim Or Suit 

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

soon as practicable of an "occurrence" or 

an offense which may result in a claim. To 

the extent possible, notice should include: 

1) How, when and where the 

"occurrence" or offense took place; 

2) The names and addresses of any 

injured persons and witnesses; and 

3) The nature and location of any injury 

or damage arising out of the 

"occurrence" or offense. 

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

against any insured, you must: 

1) Immediately record the specifics of 

the claim or "suit" and the date 

received; and 

2) Notify us as soon as practicable. 

You must see to it that we receive written 

notice of the claim or "suit" as soon as 

practicable. 

c. You and any other involved insured must: 

1) Immediately send us copies of any 

demands, notices, summonses or 

legal papers received in connection 

with the claim or "suit"; 

2) Authorize us to obtain records and 

other information; 

3) Cooperate with us in the investigation, 

or settlement of the claim or defense 

against the "suit"; and 

4) Assist us, upon our request, in the 

enforcement of any right against any 

person or organization that may be 

liable to the insured because of injury 

or damage to which this insurance 

may also apply. 

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

own cost, voluntarily make a payment, 

assume any obligation, or incur any 

expense, other than for first aid, without 

our consent. 

3. Legal Action Against Us 

No person or organization has a right under this 

policy: 

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 policy unless all of its 

terms have been fully complied with. 

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A person or organization may sue us to 

recover on an agreed settlement or on a 

final judgment against an insured; but we 

will not be liable for damages that are not 

payable under the terms of this policy or 

that are in excess of the applicable limit of 

insurance. An agreed settlement means a 

settlement and release of liability signed by 

us, the insured and the claimant or the 

claimant's legal representative. 

4. Separation Of Insureds 

Except with respect to the Limits of Insurance 

of Section II – Liability, and any rights or 

duties specifically assigned in this policy to the 

first Named Insured, this insurance applies: 

a. As if each Named Insured were the only 

Named Insured; and 

b. Separately to each insured against whom 

claim is made or "suit" is brought. 

F. Liability And Medical Expenses Definitions 

1. "Advertisement" means a notice that is 

broadcast or published to the general public or 

specific market segments about your goods, 

products or services for the purpose of 

attracting customers or supporters. For the 

purposes of this definition:

a. Notices that are published include material 

placed on the Internet or on similar 

electronic means of communication; and

b. Regarding web-sites, only that part of a 

web-site that is about your goods, products 

or services for the purposes of attracting 

customers or supporters is considered an 

advertisement.

2. “Auto" means:

a. A land motor vehicle, trailer or semitrailer 

designed for travel on public roads, 

including any attached machinery or 

equipment.; or

b. Any other land vehicle that is subject to a 

compulsory or financial responsibility law 

or other motor vehicle insurance law in 

the state where it is licensed or 

principally garaged.

However, “auto" does not include "mobile 

equipment"

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

disease sustained by a person, including death 

resulting from any of these at any time. 

4. "Coverage territory" means: 

a. The United States of America (including its 

territories and possessions), Puerto Rico 

and Canada; 

b. International waters or airspace, but only if 

the injury or damage occurs in the course 

of travel or transportation between any 

places included in Paragraph a. above; or 

c. All other parts of the world if the injury or 

damage arises out of: 

1) Goods or products made or sold by 

you in the territory described in 

Paragraph a. above;

2) The activities of a person whose 

home is in the territory described in 

Paragraph a. above, but is away for a 

short time on your business; or

3) "Personal and advertising injury" 

offenses that take place through the 

Internet or similar electronic means of 

communication;

provided the insured's responsibility to pay 

damages is determined in a "suit" on the 

merits in the territory described in 

Paragraph a. above or in a settlement we 

agree to. 

5. "Employee" includes a "leased worker". 

"Employee" does not include a "temporary 

worker". 

6. "Executive officer" means a person holding any 

of the officer positions created by your charter, 

constitution, by-laws or any other similar 

governing document. 

7. "Hostile fire" means one which becomes 

uncontrollable or breaks out from where it was 

intended to be.

8. "Impaired property" means tangible property, 

other than "your product" or "your work", that 

cannot be used or is less useful because: 

a. It incorporates "your product" or "your 

work" that is known or thought to be 

defective, deficient, inadequate or 

dangerous; or 

b. You have failed to fulfill the terms of a 

contract or agreement; 

if such property can be restored to use by: 

1) The repair, replacement, adjustment 

or removal of "your product" or "your 

work"; or 

2) Your fulfilling the terms of the contract 

or agreement. 

9. "Insured contract" means: 

a. A contract for a lease of premises. 

However, that portion of the contract for a 

lease of premises that indemnifies any 

person or organization for damage by fire 

to premises while rented to you or 

temporarily occupied by you with 

permission of the owner is not an "insured 

contract"; 

b. A sidetrack agreement; 

c. Any easement or license agreement, 

except in connection with construction or 

demolition operations on or within 50 feet 

of a railroad; 

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d. An obligation, as required by ordinance, to 

indemnify a municipality, except in 

connection with work for a municipality; 

e. An elevator maintenance agreement; 

f. That part of any other contract or 

agreement pertaining to your business 

(including an indemnification of a 

municipality in connection with work 

performed for a municipality) under which 

you assume the tort liability of another 

party to pay for "bodily injury" or "property 

damage" to a third person or organization. 

Tort liability means a liability that would be 

imposed by law in the absence of any 

contract or agreement. 

Paragraph f. does not include that part of 

any contract or agreement: 

1) That indemnifies a railroad for "bodily 

injury" or "property damage" arising 

out of construction or demolition 

operations, within 50 feet of any 

railroad property and affecting any 

railroad bridge or trestle, tracks, road 

beds, tunnel, underpass or crossing; 

2) That indemnifies an architect, 

engineer or surveyor for injury or 

damage arising out of: 

a) Preparing, approving or failing to 

prepare or approve maps, 

drawings, opinions, reports, 

surveys, change orders, designs 

or specifications; or 

b) Giving directions or instructions, 

or failing to give them, if that is 

the primary cause of the injury or 

damage; or 

3) Under which the insured, if an 

architect, engineer or surveyor, 

assumes liability for an injury or 

damage arising out of the insured's 

rendering or failure to render 

professional services, including those 

listed in Paragraph (2) above and 

supervisory, inspection or engineering 

services. 

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

by a labor leasing firm under an agreement 

between you and the labor leasing firm, to 

perform duties related to the conduct of your 

business. "Leased worker" does not include a 

"temporary worker". 

11. "Loading or unloading" means the handling of 

property: 

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

accepted for movement into or onto an 

aircraft, watercraft or "auto"; 

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

"auto"; or 

c. While it is being moved from an aircraft, 

watercraft or "auto" to the place where it is 

finally delivered; 

but "loading or unloading" does not include the 

movement of property by means of a 

mechanical device, other than a hand truck, 

that is not attached to the aircraft, watercraft or 

"auto". 

12. "Mobile equipment" means any of the following 

types of land vehicles, including any attached 

machinery or equipment: 

a. Bulldozers, farm machinery, forklifts and 

other vehicles designed for use principally 

off public roads; 

b. Vehicles maintained for use solely on or 

next to premises you own or rent; 

c. Vehicles that travel on crawler treads; 

d. Vehicles, whether self-propelled or not, on 

which are 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 Paragraphs a., 

b., c. or d. above that are not selfpropelled and are maintained primarily to 

provide mobility to permanently attached 

equipment of the following types: 

1) Air compressors, pumps and 

generators, including spraying, 

welding, building cleaning, 

geophysical exploration, lighting and 

well servicing equipment; or 

2) Cherry pickers and similar devices 

used to raise or lower workers; 

f. Vehicles not described in Paragraphs a., 

b., c. or d. above maintained primarily for 

purposes other than the transportation of 

persons or cargo. 

However, self-propelled vehicles with the 

following types of permanently attached 

equipment are not "mobile equipment" but 

will be considered "autos": 

1) Equipment designed primarily for: 

a) Snow removal; 

b) Road maintenance, but not 

construction or resurfacing; or 

c) Street cleaning; 

2) Cherry pickers and similar devices 

mounted on automobile or truck 

chassis and used to raise or lower 

workers; and 

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TBP6 (05-15) © Society Insurance, Inc., 2015. Page 17 of 18

3) Air compressors, pumps and 

generators, including spraying, welding, 

building cleaning, geophysical 

exploration, lighting and well servicing 

equipment.

However, “mobile equipment” does not 

include land vehicles that are subject to a 

compulsory or financial responsibility law or 

other motor vehicle insurance law in the state 

where it is licensed or principally garaged. 

Land vehicles subject to a compulsory or 

financial responsibility law or motor vehicle 

insurance law are considered “autos”.

13. "Occurrence" means an accident, including 

continuous or repeated exposure to 

substantially the same general harmful 

conditions. 

14. "Personal and advertising injury" means injury, 

including consequential "bodily injury", arising 

out of one or more of the following offenses: 

a. False arrest, detention or imprisonment; 

b. Malicious prosecution; 

c. The wrongful eviction from, wrongful entry 

into, or invasion of the right of private 

occupancy of a room, dwelling or premises 

that a person occupies, committed by or on 

behalf of its owner, landlord or lessor; 

d. Oral or written publication, in any manner, 

of material that slanders or libels a person 

or organization or disparages a person's or 

organization's goods, products or services;

e. Oral or written publication, in any manner, 

of material that violates a person's right of 

privacy;

f. The use of another's advertising idea in 

your "advertisement"; or

g. Infringing upon another's copyright, trade 

dress or slogan in your "advertisement".

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

thermal irritant or contaminant, including 

smoke, vapor, soot, fumes, acids, alkalis, 

chemicals and waste. Waste includes 

materials to be recycled, reconditioned or 

reclaimed.

16. "Products – completed operations hazard": 

a. Includes all "bodily injury" and "property 

damage" occurring away from premises 

you own or rent and arising out of "your 

product" or "your work" except: 

1) Products that are still in your physical 

possession; or 

2) Work that has not yet been 

completed or abandoned. However, 

"your work" will be deemed completed 

at the earliest of the following times: 

a) When all of the work called for in 

your contract has been 

completed. 

b) When all of the work to be done 

at the job site has been 

completed if your contract calls 

for work at more than one job 

site. 

c) When that part of the work done 

at the job site has been put to its 

intended use by any other person 

or organization other than another 

contractor or subcontractor 

working on the same project. 

Work that may need service, 

maintenance, correction, repair or 

replacement, but which is otherwise 

complete, will be treated as completed. 

The "bodily injury" or "property damage" 

must occur away from premises you 

own or rent, unless your business 

includes the selling, handling or 

distribution of "your product" for 

consumption on premises you own or 

rent. 

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

damage" arising out of: 

1) The transportation of property, unless 

the injury or damage arises out of a 

condition in or on a vehicle not owned 

or operated by you, and that condition 

was created by the "loading or 

unloading" of that vehicle by any 

insured; or

2) The existence of tools, uninstalled 

equipment or abandoned or unused 

materials. 

17. "Property damage" means: 

a. Physical injury to tangible property, 

including all resulting loss of use of that 

property. All such loss of use shall be 

deemed to occur at the time of the physical 

injury that caused it; or 

b. Loss of use of tangible property that is not 

physically injured. All such loss of use shall 

be deemed to occur at the time of the 

"occurrence" that caused it. 

For the purposes of this insurance, electronic 

data is not tangible property.

As used in this definition, electronic data 

means information, facts or programs stored 

as, created or used on, or transmitted to or 

from computer software, including systems and 

applications software, hard or floppy disks, CDROMs, tapes, drives, cells, data processing 

devices or any other media which are used with 

electronically controlled equipment.

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18. "Suit" means a civil proceeding in which 

damages because of "bodily injury", "property 

damage", "personal and advertising injury" to 

which this insurance applies are alleged. "Suit" 

includes: 

a. An arbitration proceeding in which such 

damages are claimed and to which the 

insured must submit or does submit with 

our consent; or 

b. Any other alternative dispute resolution 

proceeding in which such damages are 

claimed and to which the insured submits 

with our consent. 

19. "Temporary worker" means a person who is 

furnished to you to substitute for a permanent 

"employee" on leave or to meet seasonal or 

short-term workload conditions. 

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

your "employee", and who donates his or her 

work and acts at the direction of and within the 

scope of duties determined by you, and is not 

paid a fee, salary or other compensation by 

you or anyone else for their work performed for 

you.

21. "Your product":

a. Means:

1) Any goods or products, other than 

real property, manufactured, sold, 

handled, distributed or disposed of by: 

a) You; 

b) Others trading under your name; 

or 

c) A person or organization whose 

business or assets you have 

acquired; and 

2) Containers (other than vehicles), 

materials, parts or equipment 

furnished in connection with such 

goods or products. 

b. Includes: 

1) Warranties or representations made 

at any time with respect to the fitness, 

quality, durability, performance or use 

of "your product"; and 

2) The providing of or failure to provide 

warnings or instructions. 

c. Does not include vending machines or 

other property rented to or located for the 

use of others but not sold. 

22. "Your work":

a. Means:

1) Work or operations performed by you 

or on your behalf; and 

2) Materials, parts or equipment 

furnished in connection with such 

work or operations. 

b. Includes: 

1) Warranties or representations made 

at any time with respect to the fitness, 

quality, durability, performance or use 

of "your work"; and 

2) The providing of or failure to provide 

warnings or instructions. 

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BUSINESSOWNERS

TBP84 (05-15)

TBP84 (05-15) Page 1 of 1

PROPERTY ENHANCEMENT ENDORSEMENT

GREEN ENVIRONMENTAL AND ENERGY EFFICIENCY IMPROVEMENTS 

This endorsement modifies insurance provided under the following:

BUSINESSOWNERS SPECIAL PROPERTY COVERAGE FORM

This policy is amended to include the following terms. All other terms of the policy apply, except as amended by this 

Endorsement.

A. Property Loss Conditions

The following is added to part E.5.d., Property Loss

Conditions:

10) For the purpose of improving environmental 

quality and energy efficiency of property to be 

repaired or replaced, we will determine the value 

of Covered Property as follows:

a) The lesser of the reasonable and 

necessary additional cost incurred by the 

Insured to repair or replace physically 

damaged Covered Property with material

of like kind and quality which qualifies as 

“Green”. Like kind and quality includes

similar size and capacity.

b) The additional reasonable and necessary 

fees incurred by the Insured for an 

accredited professional certified by a 

“Green Authority” to participate in the 

repair or replacement of physically 

damaged Covered Property as “Green”.

c) The additional reasonable and necessary 

cost incurred by the Insured for certification 

or recertification of the repaired or replaced 

Covered Property as “Green”.

d) The additional reasonable and necessary 

cost incurred by the Insured for “Green” in 

the removal, disposal or recycling of 

damaged Covered Property.

e) The business interruption loss during the 

additional time required for repair or 

replacement of Covered Property,

consistent with “Green”, in the coverages 

above.

We will not pay more than 125%, to a 

maximum limit of $100,000, of what the cost 

would have been to repair or replace with 

material of like kind and quality inclusive of 

fees, costs, and any business interruption 

loss incurred as stated above.

These Property Loss Conditions will be a 

part of, and not an addition to, the Limits Of 

Insurance or any other sub-limits, Additional 

Coverages or Coverage Extensions applicable 

to this Policy.

B. Exclusions

The following is added to part B., Exclusions:

7. The Property Enhancement Endorsement -

Green Environmental and Energy Efficiency 

Improvements does not cover any of the 

following:

a. Covered Property does not include stock, raw 

materials, finished goods, “production 

machinery”, merchandise, electronic data 

processing equipment not used in the functional 

support of the real property, process water, 

molds and dies, property in the open, property 

of others for which the Insured is legally liable, 

or personal property of others.

b. Any loss adjusted on any valuation basis

other than a repair or replacement basis as 

per the Valuation section of this policy.

c. Any cost incurred due to any law or ordinance 

with which the Insured was legally obligated to 

comply prior to the time of the Covered Cause 

of Loss.

C. Definitions

The following is added to part H., Property 

Definitions:

20. “Green” means products, materials, methods and 

processes certified by a “Green Authority” that 

conserve natural resources, reduce energy or 

water consumption, avoid toxic or other polluting 

emissions or otherwise minimize environmental 

impact.

21. “Green Authority” means an authority on “Green”

buildings, products, materials, methods or 

processes certified and accepted by Leadership 

in Energy and Environmental Design (LEED®), 

“Green” Building Initiative Green Globes®, 

Energy Star Rating System or any other 

recognized “Green” rating system. 

22. “Production machinery” means any machine 

which processes, forms, shapes, or transports 

raw materials, materials in process, waste 

materials or finished products.

All other terms and conditions of this policy remain 

unchanged.

Case: 1:20-cv-02692 Document #: 1-1 Filed: 05/04/20 Page 44 of 94 PageID #:57
BUSINESSOWNERS

TBP12 (05-15)

TBP12 (05-15) © ISO Properties, Inc., 2013 Page 1 of 2

This endorsement modifies insurance provided under the following:

BUSINESSOWNERS SPECIAL PROPERTY COVERAGE FORM

PRODUCT SPOILAGE

SCHEDULE

Spoilage

Prem. No. Bldg. No. Limit of

Insurance Deductible

1 1 $100,000 $1,000

Spoilage in Vehicles

Limit of

Insurance

Deductible

Per Vehicle $ $

Information required to complete the Schedule, if not shown in this endorsement, will be shown in the 

Declarations. 

I. SPOILAGE 

A. Coverage

1. We will pay for your loss of “perishable 

stock” due to spoilage caused by a 

Spoilage Covered Cause of Loss, as 

provided by this endorsement.

 2. Subject to all the provisions and 

conditions under the Businessowners 

Special Property Coverage Form, we 

will also pay for loss of Business 

Income or Extra Expense at the 

described premises resulting from loss 

of “perishable stock” due to spoilage 

caused by a Spoilage Covered Cause 

of Loss, as provided by this 

endorsement. 

 We cover only the location(s) and limits 

specified in the Declarations or that is 

indicated on the Schedule.

3. If a limit for Spoilage in Vehicles is 

shown in the Schedule, Spoilage 

coverage is extended to cover 

“perishable stock” in your vehicles 

which you own or operate and are 

equipped with refrigerating, cooling or 

humidity control apparatus. 

B. Spoilage Covered Causes of Loss 

Subject to the exclusions described in 

Item C. of this section, Spoilage Covered 

Cause of Loss means the following: 

1. Spoilage caused by or resulting from:

 a. Change in temperature or humidity 

resulting from mechanical 

breakdown or mechanical failure 

of refrigerating, cooling or humidity 

control apparatus or equipment, 

only while such apparatus or 

equipment is at the described 

location; or

b. Contamination by a refrigerant, only 

while the refrigerating apparatus or 

equipment is at the described 

location; or

Case: 1:20-cv-02692 Document #: 1-1 Filed: 05/04/20 Page 45 of 94 PageID #:58
BUSINESSOWNERS

TBP12 (05-15)

Page 2 of 2 © ISO Properties, Inc., 2013 TBP12 (05-15)

c. Power Outage, meaning change in 

temperature or humidity at the 

described location resulting from 

complete or partial interruption of 

electrical power, either on or off the 

described premises, due to 

conditions beyond your control.

 2. Spoilage coverage applies to

 “perishable stock” at the described 

 premises which is: 

 a. Owned by you and used in your 

business; or

 b. Owned by others and in your care, 

custody or control except as 

otherwise provided in Loss 

Payment Property Loss Condition 

E.5.d.(3)(b).

3. We will also pay any necessary 

expenses you incur to reduce the 

amount of loss under this coverage. 

We will pay for such expenses to the 

extent that they do not exceed the 

amount of loss that otherwise would 

have been payable under this 

coverage.

.

 4. Exclusions B.1.a. Ordinance or Law 

 and B.1.e. Utility Services do not apply 

 to Spoilage Coverage.

 5. Paragraphs A.6. Coverage Extensions 

 and G. Optional Coverages do not 

apply to Spoilage Coverage.

C. Spoilage Exclusions

We will not pay for loss or damage caused 

by or resulting from:

1. The disconnection of any refrigerating, 

cooling or humidity control system from 

the source of power.

2. The deactivation of electrical power 

caused by the manipulation of any 

switch or other device used to control 

the flow of electrical power or current. 

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 

described premises to provide 

sufficient power due to lack of 

generating capacity to meet demand. 

5. Breaking of any glass that is a 

permanent part of any refrigerating, 

cooling or humidity control unit.

II. LIMITS

The most we will pay for loss or damage in 

any one occurrence is the applicable Limit of 

Insurance shown in the Schedule. 

III. DEDUCTIBLE

We will not pay for loss in any one occurrence 

until the amount of the adjusted loss exceeds 

the deductible shown in the Schedule. We will 

then pay the amount of the adjusted loss in 

excess of the deductible, up to the applicable 

Limit of Insurance.

IV. SALVAGE

You will take all necessary precautions to 

preserve the salvage and reduce the loss.

Case: 1:20-cv-02692 Document #: 1-1 Filed: 05/04/20 Page 46 of 94 PageID #:59
BUSINESSOWNERS LIABILITY

TBP2109 (12-15)

TBP2109 (12-15) © Insurance Services Office, Inc., 2015. Page 1 of 2

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

EXCLUSION – UNMANNED AIRCRAFT

This endorsement modifies insurance provided under the following:

BUSINESSOWNERS LIABILITY COVERAGE FORM

1. Exclusion 1.g. Aircraft, Auto Or Watercraft under 

Businessowners Liability Coverage Form is 

replaced by the following:

B. Exclusions

This insurance does not apply to:

g. Aircraft, Auto Or Watercraft 

(1) Unmanned Aircraft

"Bodily injury" or "property damage" 

arising out of the ownership, 

maintenance, use or entrustment to 

others of any aircraft that is an 

"unmanned aircraft". Use includes 

operation and "loading or 

unloading". 

This Paragraph g.(1) applies even if 

the claims against any insured 

allege negligence or other 

wrongdoing in the supervision, 

hiring, employment, training or 

monitoring of others by that insured, 

if the "occurrence" which caused the 

"bodily injury" or "property damage" 

involved the ownership, 

maintenance, use or entrustment to 

others of any aircraft that is an 

"unmanned aircraft".

(2) Aircraft (Other Than Unmanned 

Aircraft), Auto Or Watercraft

"Bodily injury" or "property damage" 

arising out of the ownership, 

maintenance, use or entrustment to 

others of any aircraft (other than 

"unmanned aircraft"), "auto" or 

watercraft owned or operated by or 

rented or loaned to any insured. Use 

includes operation and "loading or 

unloading". 

This Paragraph g.(2) applies even if 

the claims against any insured allege 

negligence or other wrongdoing in the 

supervision, hiring, employment, 

training or monitoring of others by that 

insured, if the "occurrence" which 

caused the "bodily injury" or "property 

damage" involved the ownership, 

maintenance, use or entrustment to 

others of any aircraft (other than 

"unmanned aircraft"), "auto" or 

watercraft that is owned or operated by 

or rented or loaned to any insured.

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

(a) A watercraft while ashore on premises 

you own or rent; 

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

(i) Less than 51 feet long; and 

(ii) Not being used to carry persons or 

property for a charge;

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

next to, premises you own or rent, 

provided the "auto" is not owned by or 

rented or loaned to you or the insured; 

(d) Liability assumed under any "insured 

contract" for the ownership, 

maintenance or use of aircraft or 

watercraft; or 

Case: 1:20-cv-02692 Document #: 1-1 Filed: 05/04/20 Page 47 of 94 PageID #:60
Page 2 of 2 © Insurance Services Offices, Inc., 2015. TBP2109 (12-15)

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

arising out of: 

(i) The operation of machinery or 

equipment that is attached to, or 

part of, a land vehicle that would 

qualify under the definition of 

"mobile equipment" if it were not 

subject to a compulsory or 

financial responsibility law or other 

motor vehicle insurance law where 

it is licensed or principally 

garaged; or

(ii) The operation of any of the 

machinery or equipment listed in 

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

definition of "mobile equipment". 

2. The following exclusion is added to Exclusions 

Item p. - Personal And Advertising Injury:

This insurance does not apply to:

14) Unmanned Aircraft

"Personal and advertising injury" arising 

out of the ownership, maintenance, use or 

entrustment to others of any aircraft that is 

an "unmanned aircraft". Use includes 

operation and "loading or unloading".

This exclusion applies even if the claims 

against any insured allege negligence or 

other wrongdoing in the supervision, 

hiring, employment, training or monitoring 

of others by that insured, if the offense 

which caused the "personal and 

advertising injury" involved the ownership, 

maintenance, use or entrustment to others 

of any aircraft that is an "unmanned 

aircraft".

This exclusion does not apply to:

a. The use of another's advertising 

idea in your "advertisement"; or

b. Infringing upon another's copyright, 

trade dress or slogan in your 

"advertisement".

C. The following definition is added to the 

Definitions section:

"Unmanned aircraft" means an aircraft that is 

not:

1. Designed;

2. Manufactured; or

3. Modified after manufacture;

to be controlled directly by a person from within 

or on the aircraft.

Case: 1:20-cv-02692 Document #: 1-1 Filed: 05/04/20 Page 48 of 94 PageID #:61
 BUSINESSOWNERS LIABILITY

 TBP440 (08-17)

TBP440 (08-17) © Society Insurance, Inc., 2017 Page 1 of 1

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

ASBESTOS – EXCLUSION

This endorsement modifies insurance provided under the following:

BUSINESSOWNERS LIABILITY COVERAGE FORM

The following exclusion is added to paragraph B., Exclusions 1. Applicable To Business Liability 

Coverage and Exclusion 1. p. Personal And Advertising Injury:

This insurance does not apply to: 

 

1. “Bodily injury, “property damage” or 

“personal and advertising injury” arising out 

of, in whole or in part by the actual, alleged 

or threatened:

a. Inhalation of, ingestion of or 

physical exposure to 

asbestos;

b. Use of asbestos in 

construction or manufacture 

of any goods, products or 

structures;

c. Removal of asbestos from 

any goods, products or 

structures;

d. Manufacture, sale, transport, 

storage or disposal of 

asbestos;

e. Discharge, dispersal, 

seepage, migration, release 

or escape of asbestos.

2. Any loss, cost or expense arising out of, 

in whole or in part, by any:

a. Request, demand, order or 

statutory or regulatory 

requirement that any insured 

or others test for, monitor, 

clean up, remove, contain, 

treat, detoxify or neutralize, 

or in any way respond to, or 

assess the effects of 

asbestos; or

b. Claim or suit by or on behalf 

of a governmental authority 

for damages because of 

testing for, monitoring, 

cleaning up, removing, 

containing, treating, 

detoxifying or neutralizing, or 

in any way responding to or 

assessing the effects of 

asbestos.

Definition: “Asbestos” means not only the natural fibrous mineral forms of impure magnesium 

silicate but, also, any material, good, product or structure of which it is a part.

Case: 1:20-cv-02692 Document #: 1-1 Filed: 05/04/20 Page 49 of 94 PageID #:62
SAI-41 (05-15)

SAI-41 (05-15)

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

ADDITIONAL INSURED - NOT OTHERWISE CLASSIFIED

LIMITED FORM

This endorsement modifies insurance provided under the following:

BUSINESSOWNERS LIABILITY COVERAGE FORM

COMMERCIAL GENERAL LIABILITY COVERAGE PART

SCHEDULE

Name of Person or Organization (Additional Insured):

Location Number(s):

(If no entry appears above, information required to complete this endorsement will be 

shown in the Declarations as applicable to this endorsement.)

WHO IS AN INSURED is amended to include as an additional insured any person or 

organization shown in the Schedule as an additional insured. That entity shall be 

covered only for liability for bodily injury or property damage that is imputed to it as a 

result of your actions or conduct. In no event shall the additional insured receive any 

greater or additional coverage, or any greater or additional limits of liability than you 

receive under this policy.

The coverage granted to the additional insured under this endorsement shall be excess 

over any other valid and collectible insurance.

This endorsement provides no coverage to the additional insured for any liabilities 

arising out of the claimed negligence of the additional insured, or out of the claimed 

negligence of any entities other than the Named Insured.

Case: 1:20-cv-02692 Document #: 1-1 Filed: 05/04/20 Page 50 of 94 PageID #:63
POLICY NUMBER: TRM 589684-5 SD0001 0110

SUPPLEMENTAL FORM DECLARATION FOR SAI-41 (05-15)

ADDITIONAL INSURED – NOT OTHERWISE CLASSIFIED

LIMITED FORM

SD0001 0110 Society Insurance, a mutual company Page 1 of 1

SCHEDULE

Name of Person or Organization (Additional Insured):

Monkey Business Partners LLC; Morgan Manufacturing LLC - including, but not limited 

to, all related partnerships, corporations and limited liability companies, whether 

currently existing or hereafter formed, and specifically including all of their 

respective owners, partners, shareholders, members, officers, directors, and 

managers

401 N Morgan St , Chicago, IL, 60642

Location Number(s):

1

Name of Person or Organization (Additional Insured):

City of Chicago Department of Business Affairs & Consumer Protection

121 N La Salle St Rm 805 , Chicago, IL, 60602

Location Number(s):

1

Case: 1:20-cv-02692 Document #: 1-1 Filed: 05/04/20 Page 51 of 94 PageID #:64
BUSINESSOWNERS

TBP2 (05-15)

TBP2 (05-15) © Society Insurance, Inc., 2015. Page 1 of 32

BUSINESSOWNERS SPECIAL

PROPERTY COVERAGE FORM

Various provisions in this policy restrict coverage. 

Read the entire policy carefully to determine rights, 

duties and what is and is not covered.

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

to the Named Insured shown in the Declarations. The 

words "we", "us" and "our" refer to the Company 

providing this insurance.

Other words and phrases that appear in quotation 

marks have special meaning. Refer to Section H –

Property Definitions.

A. Coverage 

We will pay for direct physical loss of or damage to 

Covered Property at the premises described in the 

Declarations caused by or resulting from any 

Covered Cause of Loss.

1. Covered Property

Covered Property includes Buildings as described 

under Paragraph a. below, Business Personal 

Property as described under Paragraph b. below, 

or both, depending on whether a Limit of 

Insurance is shown in the Declarations for that 

type of property. Regardless of whether coverage

is shown in the Declarations for Buildings, 

Business Personal Property, or both, there is no 

coverage for property described under Paragraph 

2., Property Not Covered. 

a. Buildings, meaning the buildings and 

structures at the premises described in the 

Declarations, including: 

(1) Completed additions; 

(2) Fixtures, including outdoor fixtures; 

(3) Permanently installed: 

(a) Machinery; and 

(b) Equipment; 

(4) Your personal property in apartments, 

rooms or common areas furnished by 

you as landlord; 

(5) Personal property owned by you that is 

used to maintain or service the buildings 

or structures or the premises, including: 

(a) Fire extinguishing equipment; 

(b) Outdoor furniture; 

(c) Floor coverings; and 

(d) Appliances used for refrigerating, 

ventilating, cooking, dishwashing or 

laundering;

(6) If not covered by other insurance: 

(a) Additions under construction, 

alterations and repairs to the 

buildings or structures 

(b) Materials, equipment, supplies and 

temporary structures, on or within 100 

feet of the described premises, used 

for making additions, alterations or 

repairs to the buildings or structures. 

b. Business Personal Property located in or 

on the buildings at the described premises 

or in the open (or in a vehicle) within 100 

feet of described premises, including:

(1) Property you own that is used in your 

business; 

(2) Property of others that is in your care, 

custody or control, except as 

otherwise provided in Loss Payment 

Property Loss Condition E.5.d.(3)(b);

(3) Tenant's 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; 

(4) Leased personal property which you 

have a contractual responsibility to 

insure, unless otherwise provided for 

under Paragraph A.1.b.(2). ; and

(5) Building Glass, if you are a tenant and 

no Limit of Insurance is shown in the 

Declarations for Building property. 

The glass must be owned by you or in 

your care, custody or control.

2. Property Not Covered 

Covered Property does not include: 

a. Aircraft, automobiles, motortrucks and other 

vehicles subject to motor vehicle registration; 

b. "Money" or "securities" except as provided in

coverages:

(1) Crime Optional Coverage;

(2) Employee DishonestyOptional Coverage;

c. Contraband, or property in the course of 

illegal transportation or trade; 

Case: 1:20-cv-02692 Document #: 1-1 Filed: 05/04/20 Page 52 of 94 PageID #:65
Page 2 of 32 © Society Insurance, Inc., 2015. TBP2 (05-15)

d. Bridges, roadways, walks, pavement, 

driveways, parking lots, exterior nonstructurally

attached concrete surfaces or other paved 

surfaces.

e. Land (including land on which the property 

is located), water, growing crops or lawns

(other than lawns which are part of a 

vegetated roof);

f. Outdoor fences, radio or television 

antennas (including satellite dishes) and 

their lead-in wiring, masts or towers, signs, 

trees, shrubs or plants (other than lawns 

which are part of a vegetated roof), all 

except: 

(1) Coverage provided under the Outdoor 

Property Coverage Extension; or 

(2) Coverage provided under the Outdoor 

Signs Optional Coverage; or

(3) Signs structurally attached to covered 

buildings (wiring or cable is not 

considered structural attachment).

g. Watercraft (including motors, equipment 

and accessories) while afloat.

h. Accounts, bills, food stamps, other evidences 

of debt, accounts receivable or “valuable 

papers and records”, except as otherwise 

provided in this policy.

i. “Computer(s)” which are permanently installed 

or designed to be permanently installed in any 

aircraft, watercraft, motortruck, or other vehicle 

subject to motor vehicle registration. This 

paragraph does not apply to “computer(s)” 

while held as “stock”.

j. Piers, wharves and docks

k. Electronic Data”, except as provided under

Additional Coverages – Electronic Data or 

Additional Coverage – Equipment Breakdown. 

This Paragraph (k.) does not apply to your 

stock of prepackaged software, or to 

“electronic data” which is integrated in and 

operates or controls a building’s elevator, 

lighting, heating, ventilation, air conditioning 

or security system.

3. Covered Causes Of Loss 

Direct Physical Loss unless the loss is excluded or

limited under this coverage form.

4. Limitations

a. We will not pay for loss of or damage to:

(1) Property that is missing, where the 

only evidence of the loss or damage 

is a shortage disclosed on taking 

inventory, or other instances where 

there is no physical evidence to show 

what happened to the property. This 

limitation does not apply to the Crime

or Employee Dishonesty Optional 

Coverage. 

(2) Property that has been transferred to a 

person or to a place outside the 

described premises on the basis of 

unauthorized instructions. This limitation 

does not apply to the Crime or 

Employee Dishonesty Optional 

Coverage.

(3) The interior of any building or 

structure, or to personal property in 

the building or structure, including 

business personal property, caused 

by or resulting from rain, snow, sleet, 

ice, sand or dust, whether driven by 

wind or not, unless:

(a) 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

(b) The loss or damage is caused by 

or results from thawing of snow, 

sleet or ice on the building or 

structure.

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

fragile articles such as glassware, statuary, 

marbles, chinaware and porcelains, if 

broken, unless caused by the "specified 

causes of loss" or building glass breakage.

This restriction does not apply to: 

(1) Glass that is part of the interior or 

exterior of a building or structure; 

(2) Containers of property held for sale; 

or 

(3) Photographic or scientific instrument 

lenses. 

c. For loss or damage by theft, the following 

types of property are covered only up to 

the limits shown (unless a higher Limit Of 

Insurance is shown in the Declarations):

(1) $2,500 for furs, fur garments and 

garments trimmed with fur. 

(2) $2,500 for jewelry, watches, watch 

movements, jewels, pearls, precious and 

semi-precious stones, bullion, gold, 

silver, platinum and other precious alloys 

or metals. This limit does not apply to 

jewelry and watches worth $100 or less 

per item. 

(3) $2,500 for patterns, dies, molds and 

forms. 

d. We will pay for loss or damage to animals 

or pets only if caused by “specified causes

of loss.”

Case: 1:20-cv-02692 Document #: 1-1 Filed: 05/04/20 Page 53 of 94 PageID #:66
TBP2 (05-15) © Society Insurance, Inc., 2015. Page 3 of 32

5. Additional Coverages 

a. Debris Removal 

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

we will pay your expense to remove 

debris of Covered Property and other 

debris that is on the described 

premises, when such debris is caused 

by or resulting from a Covered Cause 

of Loss that occurs during the policy 

period. The expenses will be paid only

if they are reported to us in writing 

within 180 days of the date of direct 

physical loss or damage. 

(2) Debris Removal does not apply to 

costs to: 

(a) Remove debris of property of 

yours that is not insured under 

this policy, or property in your 

possession that is not Covered 

Property;

(b) Remove debris of property owned

by or leased to the landlord of the 

building where your described 

premises are located, unless you 

have a contractual responsibility 

to insure such property and it is 

insured under this policy.

(c) Remove any property that is

Property Not Covered, Including 

property addressed under the 

Outdoor Property Coverage 

Extension

(d) Remove property of others of a 

type that would not be Covered 

Property under this policy

(e) Remove deposits of mud or earth 

from the grounds of the described 

premises

(f) Extract “pollutants” from land or 

water

(g) Remove, restore or replace 

polluted land or water.

(3) Subject to the exceptions in Paragraph

(4), the following provisions apply:

(a) The most that we will pay for the 

total of direct, physical loss or 

damage plus debris removal 

expense is the Limit of Insurance 

applicable to the Covered 

Property that has sustained loss 

or damage.

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

the amount we will pay for debris 

removal expense is limited to 25% of 

the sum of the deductible plus the 

amount that we pay for direct physical 

loss or damage to the Covered Property 

that has sustained loss or damage.

However if no Covered Property has 

sustained direct physical loss or damage, 

the most we will pay for removal of debris 

of other property (if such removal is 

covered under this Additional Coverage) 

is $5,000 at each location.

(4) Unless a higher limit is shown in the 

Declarations, we will pay up to an 

additional $25,000 for debris removal 

expense, for each location, in any one 

occurrence of physical loss or 

damage to Covered Property, if one 

or both of the following circumstances 

apply: 

(a) The total of the actual debris 

removal expense plus the amount 

we pay for direct physical loss or 

damage exceeds the Limit of 

Insurance on Covered Property that 

has sustained loss or damage.

(b) The actual debris removal 

expense exceeds 25% of the sum 

of the deductible plus the amount 

that we pay for direct physical 

loss or damage to the Covered 

Property that has sustained loss 

or damage. 

Therefore, if Paragraphs (4)(a) 

and/or (4)(b) apply, our total 

payment for direct physical loss or 

damage and debris removal 

expense may reach but will never 

exceed the Limit of Insurance on 

the Covered Property that has 

sustained loss or damage, plus 

$25,000.

(4) Example #1

Limit of Insurance $200,000

Amount of Deductible $ 500

Amount of Loss $125,000

Amount of Loss Payable $124,500

($125,000-$500)

Debris Removal Expense $20,000

Removal Expense Payable $20,000

($20,000 is 16% of $125,000)

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 

($124,500 + $20,000 = $144,500) 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).

Case: 1:20-cv-02692 Document #: 1-1 Filed: 05/04/20 Page 54 of 94 PageID #:67
Page 4 of 32 © Society Insurance, Inc., 2015. TBP2 (05-15)

Example #2

Limit of Insurance $200,000

Amount of Deductible $ 500

Amount of Loss $170,000

Amount of Loss Payable $169,500

($170,000-$500)

Debris Removal Expense $60,000

Removal Expense Payable

Basic Amount $30,500

Additional Amount $25,000

The basis amount payable for debris 

removal expense under the terms of 

Paragraph (3) is calculated as 

follows:

$170,000 ($169.000 + $500) X .25 = 

$42,500; capped at $30,500. The 

cap applies because the sum of the 

loss payable ($169,500) and basic 

amount payable for debris removal 

expense ($30,500) cannot exceed the 

Limit of Insurance ($200,000).

The additional amount payable for 

debris removal expense is provided in 

accordance with the terms of Paragraph 

(4), because the debris removal 

expense ($60,000) exceeds 25% of the 

loss payable plus the deductible 

($60,000 is 35.3% of $170,000), and 

because the sum of the loss payable 

and debris removal expense ($169,500 

+ $60,000 = $229,500) would exceed 

the Limit of Insurance ($200,000). The 

additional amount of covered debris 

removal expense is $25,000, the 

maximum payable under Paragraph (4). 

Thus the total payable for debris 

removal expense in this example is 

$55,500; $4,500 of the debris removal 

expense is not covered.

b. Preservation Of Property 

If it is necessary to move Covered Property 

from the described premises to preserve it 

from loss or damage by a Covered Cause 

of Loss, we will pay for any direct physical 

loss of or damage to that property: 

(1) While it is being moved or while 

temporarily stored at another location; 

and 

(2) Only if the loss or damage occurs 

within 30 days after the property is 

first moved. 

c. Fire Department Service Charge 

When the fire department is called to save or 

protect Covered Property from a Covered 

Cause of Loss, we will pay up to $5,000 for 

service at each premises described in the 

Declarations, unless a different limit is shown 

in the Declarations. Such limits is the most we 

will pay regardless of the number of 

responding fire departments or fire units, and 

regardless of the number or type of services 

performed. This Additional Coverage applies 

to your liability for fire department service 

charges: 

(1) Assumed by contract or agreement 

prior to loss; or 

(2) Required by local ordinance.

d. Collapse 

The coverage provided under this 

Additional Coverage- Collapse applies only 

to an abrupt collapse as described and 

limited in Paragraphs d.(1) through d.(7).

(1) For the purpose of this Additional 

Coverage- Collapse, abrupt collapse 

means an abrupt falling down or 

caving in of a building with the result 

that the building or part of the building 

cannot be occupied for its intended 

purpose

(2) We will pay for direct physical loss or 

damage to Covered Property, caused 

by abrupt collapse of a building or any 

part of a building that is insured under 

this policy or that contains Covered 

Property insured under this policy, if 

such collapse is caused by one or 

more of the following:

(a) Building Decay that is hidden from 

view, unless the presence of such 

decay is known to an insured prior 

to collapse; 

(b) Insect or vermin damage that is 

hidden from view, unless the 

presence of such damage is known 

to an insured prior to collapse; 

(c) Use of defective material or 

methods in construction, 

remodeling or renovation if the

abrupt collapse occurs during the 

course of the construction, 

remodeling or renovation. 

(d) Use of defective material or 

methods in construction, 

remodeling or renovation if the 

abrupt collapse occurs after the 

construction, remodeling or 

renovation is complete, but only if 

the collapse is caused in part by:

(i) A cause of loss listed in 

paragraphs (2)(a) or (2)(b);

(ii) One or more of the specified 

causes of loss;

(iii) Breakage of building glass

(iv) Weight of the people or 

personal property; or

(v) Weight of rain that collects on 

a roof

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(3) This Additional Coverage- Collapse 

does not apply to:

(a) A building or any part of a building 

that is in danger of falling down or 

caving in

(b) A part of a building that is standing, 

even if it has separated from 

another part of the building; or

(c) A building that is standing or any part 

of a building that is standing even if it 

shows evidence of cracking, bulging, 

sagging bending, leaning, settling, 

shrinkage or expansion

(4) With respect to the following property: 

(a) Awnings; 

(b) Gutters and downspouts; 

(c) Yard fixtures; 

(d) Outdoor swimming pools; 

(e) Beach or diving platforms or 

appurtenances; 

(f) Retaining walls

(g) Sewer and water lateral pipes;

(h) Drainage tile; and

(i) Septic systems.

if abrupt collapse is caused by a 

cause of loss listed in Paragraphs 

(2)(b) through (2)(d), we will pay for 

loss or damage to that property only if 

such loss or damage is a direct result 

of the abrupt collapse of a building 

insured under this policy and the 

property is Covered Property under 

this policy. 

(5) If personal property abruptly falls 

down or caves in and such collapse is 

not the result of collapse of a building, 

we will pay for loss or damage to 

Covered Property caused by such 

collapse of personal property only if:

(a) The collapse of personal property

was caused by a cause of loss 

listed in Paragraphs (2)(a)

through (2)(d) of this Additional 

Coverage;

(b) The personal property which 

collapses is inside a building; and

(c) The property which collapses is 

not of a kind listed in Paragraph 

(3) above, regardless of whether 

that kind of property is considered 

to be personal property or real 

property. 

The coverage stated in this 

Paragraph (4) does not apply to 

personal property if marring and/or 

scratching is the only damage to 

that personal property caused by 

the collapse.

Collapse of personal property does 

not mean cracking, bulging, 

sagging, bending, leaning, settling, 

shrinkage or expansion.

(6) This Additional Coverage- Collapse 

does not apply to personal property that 

has not abruptly fallen down or caved in, 

even if the personal property shows 

evidence of cracking, bulging, sagging, 

bending, leaning, settling, shrinkage or 

expansion

(7) This Additional Coverage, Collapse, 

will not increase the Limits of 

Insurance provided in this policy.

(8) The term Covered Cause of Loss 

includes the Additional CoverageCollapse as described and limited in 

paragraphs d.(1) through d.(7)

e. Water Damage, Other Liquids, Powder 

Or Molten Material Damage 

If loss or damage caused by or resulting 

from covered water or other liquid, powder 

or molten material occurs, we will also pay 

the cost to tear out and replace any part of 

the building or structure to repair damage to 

the system or appliance from which the 

water or other substance escapes. 

We will not pay the cost to repair any defect 

that caused the loss or damage. 

f. Fire Extinguishing Equipment

Subject to the applicable Limit of Insurance, 

we will pay the cost to repair or replace 

damaged parts, including system recharge, 

of fire extinguishing equipment if the damage: 

(1) Results in discharge of any substance 

from an automatic fire protection 

system; or 

(2) Is directly caused by freezing. 

g. Business Income 

(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 physical loss of 

or damage to covered property at 

the described premises. The loss or 

damage must be caused by or result 

from a Covered Cause of Loss. With 

respect to loss of or damage to 

personal property in the open or 

personal property in a vehicle, the 

described premises include the area 

within 100 feet of such premises.

With respect to the requirements set 

forth in the preceding paragraph, if 

you occupy only part of the site at 

which the described premises are 

located, your premises means:

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(i) The portion of the building which

you rent, lease or occupy;

(ii) Any area within the building or

at the described premises if 

that area services, or is used to 

gain access to, the portion of 

the building which you rent 

lease or occupy. 

(b) We will only pay for loss of 

Business Income that you sustain 

during the "period of restoration" 

and that occurs within 12 

consecutive months after the date 

of direct physical loss or damage.

(c) Business Income means the:

(i) Net Income (Net Profit or 

Loss before income taxes) 

that would have been earned 

or incurred if no physical loss 

or damage had occurred, but 

not including any Net Income 

that would likely have been 

earned as a result of an 

increase in the volume of 

business due to favorable 

business conditions caused by 

the impact of the Covered 

Cause of Loss on customers or 

on other businesses; and 

(ii) Continuing necessary operating 

expenses incurred. 

(2) Extended Business Income 

If the necessary suspension of your 

"operations" produces a Business 

Income loss payable under this policy, 

we will pay for the actual loss of 

Business Income you incur during the 

period that: 

(a) Begins on the date property except 

finished stock is actually repaired, 

rebuilt or replaced and "operations" 

are resumed; and 

(b) Ends on the earlier of: 

(i) The date you could restore 

your "operations", with 

reasonable speed, to the level 

which would generate the 

Business Income amount that 

would have existed if no direct 

physical loss or damage had 

occurred; or 

(ii) 60 consecutive days after the

date determined in Paragraph

(2)(a) above, unless a greater 

number of consecutive days is 

shown in the Declarations.

However, Extended Business 

Income does not apply to loss of 

Business Income incurred as a 

result of unfavorable business 

conditions caused by the impact of 

the Covered Cause of Loss in the 

area where the described premises 

are located. 

Loss of Business Income must be 

caused by direct physical loss or 

damage at the described premises 

caused by or resulting from any 

Covered Cause of Loss. 

(3) With respect to the coverage provided in 

this Additional Coverage, suspension 

means:

(a) The partial slowdown or complete 

cessation of your business 

activities; or

(b) That a part or all of the described 

premises is rendered untenantable

if coverage for Business Income

applies.

(4) This Additional Coverage is not 

subject to the Limits of Insurance of 

Section I – Property. 

h. Extra Expense

(1) We will pay necessary Extra Expense 

you incur during the "period of 

restoration" that you would not have 

incurred if there had been no direct 

physical loss or damage to covered 

property at the described premises. The 

loss or damage must be caused by or 

result from a Covered Cause of Loss. 

With respect to loss of or damage to 

personal property in the open or personal 

property in a vehicle, the described 

premises include the area within 100 feet 

of such premises.

With respect to the requirements set 

forth in the preceding paragraph, if you 

occupy only part of the site at which the 

described premises are located, your 

premises means: 

(a) The portion of the building which 

you rent, lease or occupy; 

(b) Any area within the building or at 

the described premises, if that area 

services, or is used to gain access 

to, the portion of the building which 

you rent, lease or occupy.

(2) Extra Expense means expense incurred: 

(a) To avoid or minimize the suspension 

of business and to continue 

"operations": 

(i) At the described premises; or 

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(ii) At replacement premises or at 

temporary locations, including 

relocation expenses, and costs 

to equip and operate the 

replacement or temporary 

locations. 

(b) To minimize the suspension of 

business if you cannot continue 

"operations". 

(c) To: 

(i) Repair or replace any property; 

or 

(ii) Research, replace or restore the 

lost information on damaged 

"valuable papers and records" 

(3) With respect to the coverage provided in

this Additional Coverage, suspension 

means:

(a) The partial slowdown or complete

cessation of your business activities;

or

(b) That a part or all of the described

premises is rendered untenantable, 

if coverage for Business Income 

applies

(4) We will only pay for Extra Expense that

occurs within 12 consecutive months 

after the data of direct physical loss or 

damage. This Additional Coverage is not 

subject to the Limits of Insurance.

We will pay for Extra Expense only to the 

extent it reduces the amount of loss that 

otherwise would have been payable under 

Additional Coverage g. Business Income.

i. Customer Expense Reimbursement

We will pay necessary costs to reimburse

additional expenses incurred by your 

customers because your products or 

services, which were ordered in advance, 

were not available due to direct physical 

loss or damage to covered property at the 

described premises caused by a Covered 

Cause of Loss.

Customer expenses mean the additional cost 

incurred by persons for whom prearranged 

products or services cannot be honored.

These expenses include costs to secure 

alternative products or services which are 

comparable to yours.

We will pay for expenses incurred for the 

period of time:

(1) Beginning on the date of the customer’s 

prearranged services or products are: 

(a) scheduled to be delivered but

cannot;

(b) or are interrupted by direct physical 

loss or damage to covered 

property, whichever is later; and

(2) Ending on the earliest of the following 

dates:

(a) the date prearranged services or 

products are scheduled to end;

(b) the date damaged property at the 

described premises should be 

repaired, rebuilt or replaced with 

reasonable speed and similar 

quality; or

(c) 14 days after the date determined 

in (1) above.

This Additional Coverage is not 

subject to the Limits of Insurance.

j. Pollutant Clean Up And Removal

We will pay your expense to extract 

"pollutants" from land or water at the 

described premises if the discharge, 

dispersal, seepage, migration, release or 

escape of the "pollutants" is caused by or 

results from a Covered Cause of Loss that 

occurs during the policy period. The 

expenses will be paid only if they are 

reported to us in writing within 180 days of 

the date on which the Covered Cause of 

Loss occurs.

This Additional Coverage does not apply to 

costs to test for, monitor or assess the 

existence, concentration or effects of 

“pollutants”. But we will pay for testing 

which is performed in the course of 

extracting the “pollutants” from the land or 

water.

The most we will pay for each location 

under this Additional Coverage is $25,000 

for the sum of all such expenses arising 

out of Covered Causes of Loss occurring 

during each separate 12 month period of 

this policy. 

k. Civil Authority 

When a Covered Cause of Loss causes 

damage to property other than property at 

the described premises, we will pay for the 

actual loss of Business Income you sustain 

and necessary Extra Expense caused by 

action of civil authority that prohibits 

access to the described premises, 

provided that both of the following apply:

(1) Access to the area immediately 

surrounding the damaged 

property is prohibited by civil 

authority as a result of the 

damage, and the described 

premises are within the area; and

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(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 

described premises and will apply for 

a period of up to four consecutive 

weeks from the date on which such 

coverage begins. 

Civil Authority coverage for necessary 

Extra Expense will begin immediately 

after the time of first action of civil 

authority that prohibits access to the 

described premises and will end: 

(1) Four consecutive weeks after the time 

of that action; or 

(2) When your Civil Authority coverage 

for Business Income ends; whichever 

is later. 

The definitions of Business Income and 

Extra Expense contained in the Business 

Income and Extra Expense Additional 

Coverages also apply to this Civil Authority 

Additional Coverage. The Civil Authority 

Additional Coverage is not subject to the 

Limits of Insurance.

l. Violent Acts

(1) If your “operations” are suspended due 

to “violent acts” which occur on the 

described premises we will pay for the 

actual loss of Business Income and 

Extra Expense you sustain. Coverage 

for the actual loss of Business Income

under this section will begin immediately 

upon the suspension of your business 

operations and will continue for a period 

not to exceed a total of three 

consecutive weeks after coverage 

begins.

Coverage for necessary Extra Expense

under this section will likewise begin 

immediately upon the suspension of your 

business operations and will continue 

only for a total of three consecutive 

weeks after coverage begins, or until the 

loss of Business income coverage ends, 

whichever is longer. The coverages 

under this section may not be extended 

or repeated.

The definitions of Business Income 

and Extra Expense, contained in the 

Business Income and Extra Expense 

Additional Coverages section shall 

also apply to the additional coverages 

under this section.

(2) Additional Definitions

(a) “Violent acts” means actual, 

attempted, or threatened acts 

committed with malicious intent on 

your “covered premises” against

any person(s) that result in physical 

injury or death to such person(s). 

This does not apply to actual, 

attempted or threatened acts by 

an insured.

m. Contamination

If your “operations” are suspended due to 

“contamination”:

(1) We will pay for your costs to clean and 

sanitize your premises, machinery and 

equipment, and expenses you incur to 

withdraw or recall products or 

merchandise from the market. We will 

not pay for the cost or value of the 

product.

The most we will pay for any loss or 

damage under this Additional 

Coverage arising out of the sum of all 

such expenses occurring during each 

separate policy period is $5,000; and

(2) We will also pay for the actual loss of 

Business Income and Extra Expense 

you sustain caused by

(a) “Contamination” that results in an 

action by a public health or other 

governmental authority that 

prohibits access to the described 

premises or production of your 

product.

(b) “Contamination threat”

(c) “Publicity” resulting from the 

discovery or suspicion of

“contamination”.

Coverage for the actual loss of 

Business Income under this 

section will begin immediately 

upon the suspension of your 

business operations and will 

continue for a period not to 

exceed a total of three 

consecutive weeks after 

coverage begins.

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Coverage for necessary Extra 

Expense under this section will 

likewise begin immediately upon 

the suspension of your business 

operations and will continue only 

for a total of three consecutive 

weeks after coverage begins, or 

until the loss of Business Income 

coverage ends, whichever is 

longer. The coverages under this 

section may not be extended nor 

repeated. The definitions of 

Business Income and Extra 

Expense, contained in the 

Business Income and Extra 

Expense Additional Coverages 

section shall also apply to the 

additional coverages under this 

section.

(3) Contamination Exclusions

All exclusions and limitations apply 

except Exclusions B.2.j.(2) and 

B.2.j.(5)

(4) Additional Definitions:

(a) "Contamination" means a defect, 

deficiency, inadequacy or 

dangerous condition in your 

products, merchandise or 

premises.

(b) “Contamination threat” means a

threat made by a third party 

against you to commit a 

“malicious contamination” unless 

the third party’s demand for 

money or other consideration is 

met.

(c) “Malicious contamination” means

an intentional, malicious and 

illegal altercation or adulteration 

of your products 

(d) “Publicity” means a publication or 

broadcast by the media, of the 

discovery or suspicion of 

"contamination" at a described 

premise.

n. Business Income from Dependent Properties

(1) We will pay for the actual loss of 

Business Income you sustain due to 

physical loss or damage at the 

premises of a “dependent property” or 

“secondary dependent property”

caused by or resulting from any 

Covered Cause of Loss. 

However, this Additional Coverage 

does not apply when the only loss at 

the premises of a “dependent 

property” or “secondary dependent 

property” is loss or damage to 

“electronic data”. If the “dependent 

property“ or “secondary dependent 

property” sustains loss or damage to 

“electronic data” and other property, 

coverage under this Additional 

Coverage will not continue once the 

other property is repaired or replaced.

(2) We will reduce the amount of your 

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. 

(3) The coverage for Business Income 

will begin immediately after the time 

of that action and will apply for a 

period of up to three consecutive 

weeks after coverage begins.

The coverage for necessary Extra 

Expense will begin immediately after 

the time of that action and ends: 

(a) 3 consecutive weeks after the time 

of that action; or

(b) When your Business Income 

coverage ends; whichever is later.

The Business Income from Dependent 

Properties Additional Coverage is not 

subject to the Limits of Insurance.

(4) Additional Definitions:

(a) “Dependent Property” means 

property operated by others 

whom you depend on to: 

(i) Deliver materials or services to 

you or to others for your 

account (Contributing 

Locations.) With respect to 

Contributing Locations, services 

does not mean water, supply 

services, wastewater removal 

services, communication supply 

services or power supply 

services;

(ii) Accept your products or 

services (Recipient Locations);

(iii) Manufacture products for 

delivery to your customers 

under contract of sale 

(Manufacturing Locations); or

(iv) Attract customers to your 

business (Leader Locations). 

(b) “Secondary dependent property”

means an entity which is not 

owned or operated by a 

dependent property, which:

(i) Delivers materials or services to 

a dependent property which in 

turn are used by the dependent 

property in providing materials 

or services to you or 

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(ii) Accepts materials or services 

from a dependent property 

which in turn accepts your 

materials or services. A road, 

bridge, tunnel, waterway, 

airfield, pipeline, or any other 

similar area or structure is not a 

secondary dependent property. 

Any property which delivers any 

of the following services is not 

a secondary dependent 

property with respect to such 

services:

i. Water supply services

ii. Wastewater removal 

services

iii. Communication supply 

services; or

iv. Power supply services.

The “secondary dependent property”

must be located in the coverage

territory of this policy.

(c) “Period of Restoration,” with respect 

to “dependent property,” means the 

period of time that:

(i) Begins with the date of direct 

physical loss or damage caused 

by or resulting from a Covered 

Cause of Loss at the premises of 

the “dependent property” or 

secondary dependent property

and

(ii) Ends on the date when the property 

at the premises of the “dependent 

property” or secondary dependent 

property should be repaired, rebuilt 

or replaced with reasonable speed 

and similar quality.

(d) The definitions of Business Income and 

suspension contained in the Business 

Income Additional Coverage also apply 

to this Business Income From 

Dependent Properties Additional 

Coverage.

(5) “Period of restoration” does not include 

any increased period required due to 

the enforcement of or compliance with 

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, 

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.”

o. Ordinance or Law 

(1) This Additional Coverage applies only 

to building or tenant’s improvements 

and betterments insured on a 

replacement cost basis.

(2) If a Covered Cause of Loss occurs to 

covered Building property or tenant’s 

improvements and betterments, we will 

pay: 

(a) For loss or damage caused by 

enforcement of any law that:

(i) Requires the demolition of 

parts of the same property 

not damaged by a Covered 

Cause of Loss;

(ii) Regulates the construction or 

repair of buildings, or 

establishes zoning or land use 

requirements at the described 

premises; and

(iii) Is in force at the time of loss.

(b) The increased cost to repair, rebuild 

or construct the property caused by 

enforcement of building, zoning or 

land use law. If the property is 

repaired or rebuilt, it must be 

intended for similar occupancy as 

the current property, unless 

otherwise required by zoning or land 

use law.

(c) The cost to demolish and clear the 

site of undamaged parts or the 

property caused by enforcement of 

the building, zoning or land use law. 

(3) We will not pay for increased 

construction costs under this 

Additional Coverage:

(a) Until the property is actually 

repaired or replaced, at the same 

premises or elsewhere; and

(b) Unless the repairs or replacement 

are made as soon as reasonably 

possible after loss or damage, not 

to exceed 2 years. We may 

extend this period in writing 

during the 2 years.

(4) We will not pay more: 

(a) If the property is repaired or 

replaced on the same premises, 

than the amount you actually 

spend to:

(i) Demolish and clear the site; 

and

(ii) Repair rebuild or construct 

the property but not for more 

than property of the same 

height, floor area and style on 

the same premises. 

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(b) The terms of this Additional 

Coverage apply separately to each 

building listed in the Declarations. 

(5) The most we will pay under this 

Additional Coverage, for each described 

premises insured under this Coverage 

Form, is:

(a) $50,000

(b) The Limit of Insurance for 

Building if Applied to building; or

(c) The Limit of Insurance for 

Business Personal Property if 

applied to tenant’s improvements 

and betterments.

Whichever is less.

The amount payable under this 

Additional Coverage is additional 

insurance.

(6) This Additional Coverage is not 

subject to the terms or the Ordinance 

or Law Exclusion to the extent that 

such Exclusion would conflict with the 

provisions of this Additional Coverage.

(7) The costs addressed in the Loss 

Payment Property Loss Condition in 

this Coverage Form do not include 

the increased cost attributable to 

enforcement of an ordinance or law. 

The amount payable under this 

Additional Coverage, as stated in 

n.(5) of this Additional Coverage, is 

not subject to such limitation.

p. Glass Expenses

(1) We will pay for expenses incurred to 

put up temporary plates or board up 

openings if repair or replacement of 

damaged glass is delayed.

(2) We will pay for expenses incurred to

remove or replace obstructions when 

repairing or replacing glass that is 

part of a building. This does not 

include removing or replacing window 

displays.

q. Equipment Breakdown

(1) We will pay for loss caused by or 

resulting from an “Equipment 

Breakdown.”

(2) The following coverages also apply to 

loss caused by or resulting from 

“Equipment Breakdown”. These 

coverages do not provide additional 

amounts of insurance.

(a) Expediting Expenses

With respect to your damaged 

Covered Property, we will pay the 

“reasonable extra cost” to:

(i) Make temporary repairs; and

(ii) Expedite permanent repairs 

or permanent replacement.

(b) Hazardous Substances

We will pay for the additional cost 

to repair or replace Covered 

Property because of 

contamination by a “hazardous 

substance.” This includes the 

additional costs to clean up or 

dispose of such property.

Additional costs mean those 

beyond what would have been 

required had no “hazardous 

substance” been involved.

The most we will pay for loss or 

damage under this coverage, 

including actual loss of Business 

Income you sustain, necessary 

Extra Expense you incur is 

$100,000 or the Limit of 

Insurance for Building or 

Business Personal Property, 

whichever is less.

(c) Computer Equipment

We will pay for loss or damage 

caused by or resulting from 

“Equipment Breakdown” to 

“computer(s).”

(d) Data Restoration

We will pay for your cost to 

research, replace and restore 

data, including programs and 

operating systems that is lost or 

corrupted due to “Equipment 

Breakdown”. The most we will 

pay for loss or damage under this 

coverage is $100,000 or the Limit 

of Insurance for Business 

Personal Property, whichever is 

less.

(e) CFC Refrigerants

We will pay for the additional cost to 

repair or replace Covered Property 

because of the use or presence of 

a refrigerant containing CFC

(chlorofluorocarbon) substances. 

This means the additional cost to 

do the least of the following:

(i) Repair the damaged property 

and replace any lost CFC 

refrigerant;

(ii) Repair the damaged property, 

retrofit the system to accept a 

non-CFC refrigerant and 

charge the system with a 

non-CFC refrigerant; or

(iii) Replace the system with one 

using a non-CFC refrigerant.

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Additional costs mean those

beyond what would have been 

required had no CFC refrigerant

been involved.

(3) Equipment Breakdown Exclusions

(a) All exclusions and limitations 

apply except Exclusion B.1.e., 

Power Failure and B.2.m., 

Electrical Disturbance.

(b) The exclusions are modified as 

follows:

The following is added to 

Exclusion B.1.g.(1):

However, if electrical Covered 

Property requires drying out 

because of the above, we will pay 

for the direct expenses of such 

drying out subject to the 

applicable Limit of Insurance and 

deductible for Building or 

Business Personal Property, 

whichever applies.

(c) Coverage Extension 6.e. 

Valuable Papers and Records

does not apply to this Additional 

Coverage.

(d) We will not pay for loss or 

damage caused by or resulting 

from:

(i) Your failure to use all 

reasonable means to protect 

the “perishable stock” from 

damage following “Equipment 

Breakdown”;

(ii) Any defect, virus, loss of data 

or other situation within 

“electronic data.” But if loss 

or damage from “Equipment 

Breakdown” results, we will 

pay for that resulting loss or 

damage; or

(iii) Any of the following tests:

A hydrostatic, pneumatic or 

gas pressure test of any 

boiler or pressure vessel; or

An insulation breakdown of 

any type of electrical 

equipment.

(4) Conditions

(a) Suspension

When any Covered Property is 

found to be in, or exposed to a 

dangerous condition, any of our 

representatives may immediately 

suspend the insurance against

loss from “Equipment Breakdown” 

to that Covered Property. We can 

do this by mailing or delivering a 

written notice of suspension to 

your address as shown in the 

Declarations, or at the address 

where the equipment is located. 

Once suspended in this way, your 

insurance can be reinstated only 

by an endorsement for that 

Covered Property. If we suspend 

your insurance, you will get a pro 

rata refund of premium. But the

suspension will be effective even 

if we have not yet made or 

offered a refund.

(b) Jurisdictional Inspections

If any property that is Covered 

Property requires inspection to 

comply with state or municipal 

boiler and pressure vessel 

regulations, we agree to perform 

such inspection on your behalf.

(c) Environmental, Safety and 

Efficiency Improvements

If Covered Property requires 

replacement due to “Equipment 

Breakdown” we will pay your 

additional cost to replace with 

equipment that is better for the 

environment, safer or more 

efficient than the equipment being 

replaced.

However, we will not pay more 

than 125% of what the cost would 

have been to repair or replace with 

like kind and quality. This condition 

does not increase any of the 

applicable limits. This condition 

does not apply to any property to 

which Actual Cash Value applies.

The definitions of Business 

Income and Extra Expense 

contained in the Business Income 

and Extra Expense Additional 

Coverages also apply to this 

Equipment Breakdown Additional 

Coverage.

The most we will pay for loss or 

damage under this Additional 

Coverage is the applicable Limit of

Insurance shown in the 

Declarations. Coverage provided 

under this Additional Coverage 

does not provide an additional 

amount of insurance.

r. Service Interruption

(1) We will pay for loss of Business 

Income or Extra Expense at the 

described premises caused by the 

interruption of service to the 

described premises. The interruption 

must result from direct physical loss 

or damage by a Covered Cause of 

Loss to the following property:

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(a) Pumping stations and water 

mains supplying water to the 

described premises.

(b) Wastewater Removal Property, 

meaning a utility system for

removing wastewater and sewage 

from the described 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 does not apply to 

interruption in service caused by or 

resulting from a discharge of water 

or sewage due to heavy rainfall or 

flooding.

(c) Property supplying communication 

services including telephone, radio, 

microwave or television services, to 

the described premises, such as:

• Communication transmission 

lines;

• Coaxial cables; and

• Microwave radio relays except 

satellites.

(d) The following types of property 

supplying electricity, steam or gas 

to the described premises:

• Utility generating plants;

• Switching Stations;

• Substations;

• Transformers; and

• Transmission lines.

s. Electronic Data

(1) Subject to the provisions of this 

Additional

Coverage, we will pay for the cost to 

replace or restore your “electronic 

data” which has been destroyed or 

corrupted by a Covered Cause of 

Loss. To the extent that “electronic 

data” is not replaced or restored, the

loss will be valued at the cost of 

replacement of the media on which 

the “electronic data” was stored, with 

blank media of substantially identical 

type.

(2) Unless a higher limit is shown in the 

Declarations, the most we will pay 

under this Additional Coverage. 

Electronic Data for all loss or damage 

sustained in any one policy year, 

regardless of the number of

occurrences of loss or damage or the

number of premises, locations or 

computer systems involved, is 

$100,000 or the Limit of Insurance for 

Business Personal Property, 

whichever is less. If loss payment on 

the first occurrence does not exhaust 

this amount, then the balance is 

available for subsequent loss or 

damage sustained in, but not after, 

that policy year. With respect to an 

occurrence which begins in one policy 

year and continues or results in 

additional loss or damage in a 

subsequent policy year(s), all loss or 

damage is deemed to be sustained in 

the policy year in which the 

occurrence began.

(3) This Additional Coverage does not

apply to your “stock” of prepackaged 

software, or to “electronic data” which 

is integrated in and operates or 

controls a building’s elevator, lighting, 

heating, ventilation, air conditioning or 

security system.

t. Interruption Of Computer Operations

(1) Subject to all provisions of this 

Addition al Coverage, you may extend 

the insurance that applies to Business 

Income and Extra Expense to apply to

a suspension of "operations" caused by 

an interruption in computer operations 

due to destruction or corruption of 

"electronic data" due to a Covered 

Cause of Loss.

(2) With respect to the coverage provided

under this Additional Coverage, the

Covered Causes of Loss are subject 

to the following:

(a) Coverage under this Additional 

Coverage, Interruption 

Of Computer Operations, is limited to 

the "specified causes of loss" and 

Collapse.

(b) If the Businessowners Coverage 

Form is endorsed to add a 

Covered Cause of Loss, the 

additional Covered Cause of Loss 

does not apply to the coverage 

provided under this Additional 

Coverage.

(3) This Additional Coverage, Interruption

Of Computer Operations, will begin 

immediately upon suspension of 

“operations” and will apply for a 

period of up to three consecutive 

weeks after coverage begins.

(4) This Additional Coverage Interruption 

Of Computer Operations does not 

apply to loss sustained or expense 

incurred after the end of the “period of 

restoration”, even if the period of time 

stated in (3) above has not been 

exhausted.

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(5) Coverage for Business Income does 

not apply when a suspension of 

“operations” is caused by destruction 

or corruption of “electronic data”, or 

any loss or damage to “electronic 

data”, except as provided under 

Paragraphs (1) through (4) of this 

Additional Coverage.

(6) Coverage for Extra Expense does not 

apply when action is taken to avoid or 

minimize a suspension of “operations” 

caused by destruction or corruption of 

“electronic data”, or any loss or 

damage to “electronic data”, except 

as provided under Paragraphs (1)

through (4) of this Additional 

Coverage.

(7) This Additional Coverage does not 

apply when loss or damage 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.

6. Coverage Extensions 

In addition to the Limits of Insurance, you may 

extend the insurance provided by this policy as 

provided below. 

Except as otherwise provided, the following 

Extensions apply to property located in or on 

the building described in the Declarations or in 

the open (or in a vehicle) within 100 feet of the 

described premises, unless a higher Limit of 

Insurance is shown in the Declarations. 

a. Newly Acquired Or Constructed Property 

(1) Buildings

If this policy covers Buildings, you may 

extend that insurance to apply to:

(a) Your new buildings while being built 

on the described premises; and

(b) Buildings you acquire at the 

premises other than the one 

described, intended for:

(i) Similar use as the building 

described in the Declarations; 

or

(ii) Use as a warehouse.

The most that we will pay for 

loss or damage under this 

Extension is $500,000 at each 

building. 

(2) Business Personal Property

If this policy covers Business Personal 

Property, you may extend that 

insurance to apply to:

(a) Business Personal Property 

including such property that you 

newly acquire at any location you 

acquire; or

(b) Business Personal Property, 

including such property that you 

acquire located at your newly 

constructed or acquired buildings at 

the location described in the 

Declarations.

This Extension does not apply to

personal property that you 

temporarily acquire in the course of 

installing or performing work on 

such property or your wholesale 

activities.

The most we will pay for loss or 

damage under this Extension is 

$100,000 at each building.

(3) Period of Coverage

With respect to insurance provided 

under this Coverage Extension for 

Newly Acquired Or Constructed 

Property, coverage will end when any of 

the following first occurs:

(a) This policy expires;

(b) 30 days expire after you acquire or 

begin construction of that part of the 

building that would qualify as 

covered property; or 

(c) You report values to us. 

We will charge you additional premium 

for values reported from the date you 

acquire the property or begin 

construction of that part of the building 

that would qualify as covered property. 

b. Personal Property Off Premises 

You may extend the insurance that applies 

to Business Personal Property to apply to 

covered Business Personal Property, other 

than "money" and "securities", "valuable 

papers and records", accounts receivable 

or items leased or rented to others, while it 

is in the course of transit or temporarily at 

a premises you do not own, lease, or 

operate. This coverage does not apply to 

property at contractor job sites which you 

do not own or lease. The most we will pay 

for loss or damage under this Extension is 

$25,000.

c. Outdoor Property 

You may extend the insurance provided by 

this policy to apply to your outdoor fences, 

radio and television antennas (including 

satellite dishes), light poles, yard fixtures,

decks, patios, signs (other than signs 

structurally attached to covered buildings), 

trees, shrubs and plants (other than trees, 

shrubs or plant which are part of a 

vegetated roof), including debris removal 

expense. Loss or damage must be caused 

by or resulting from any Covered Cause of 

Loss.

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The most we will pay for loss or damage 

under this Extension is $10,000 unless a 

higher Limit of Insurance for Outdoor 

Property is shown in the Declarations but 

not more than $1,000 for any one tree, 

shrub or plant. 

Subject to all aforementioned terms and 

limitations of coverage, this Coverage 

Extension includes the expense of 

removing from the described premises the 

debris of trees, shrubs and plants which 

are the property of others, except in the 

situation in which you are a tenant and 

such property is owned by the landlord of 

the described premises.

d. Outdoor Signs Away from Premises

You may extend the insurance provided by 

this policy to apply to your outdoor signs 

away from premises described in the 

Declarations caused by or resulting from 

any Covered Cause of Loss.

The most we will pay for loss or damage 

under this Extension is $5,000, unless a 

higher limit is shown in the Declarations.

e. Personal Effects 

You may extend the insurance that applies 

to Business Personal Property to apply to 

personal effects owned by you, your 

officers, your partners or “members”, your 

“managers” or your employees, including 

temporary or leased employees. This 

extension does not apply to:

(1) Tools or equipment used in your 

business; 

(2) Loss or damage by theft; or

(3) Personal effects contained in a 

dwelling or living quarters.

The most we will pay for loss or damage 

under this Extension is $10,000 at each 

described premises. 

f. "Valuable Papers And Records" 

(1) You may extend the insurance that 

applies to Business Personal Property 

to apply to direct physical loss or 

damage to "valuable papers and 

records" that you own, or that are in 

your care, custody or control caused 

by or resulting from a Covered Cause 

of Loss. This Coverage Extension 

includes the cost to research, replace 

or restore lost information on 

"valuable papers and records" for 

which duplicates do not exist. 

(2) This Coverage Extension does not 

apply to: 

(a) Property held as samples or for 

delivery after sale; 

(b) Property in storage away from the 

premises shown in the 

Declarations; 

(3) The most we will pay under this 

Coverage Extension for loss or 

damage to "valuable papers and 

records" in any one occurrence at the 

described premises is $10,000, 

unless a higher Limit of Insurance for 

"valuable papers and records" is 

shown in the Declarations. 

For "valuable papers and records" not 

at the described premises, the most 

we will pay is $5,000.

(4) Loss or damage to “valuable papers 

and records" will be valued at the cost 

of restoration or replacement of the 

lost or damaged information. To the 

extent that the contents of the 

“valuable papers and records” are not 

restored, the “valuable papers and 

records” will be valued at the cost of 

replacement with blank materials of 

substantially identical type.

(5) Section B. Exclusions of this 

Coverage Form does not apply to this 

Coverage Extension except for: 

(a) Paragraph B.1.c., Governmental 

Action;

(b) Paragraph B.1.d., Nuclear Hazard;

(c) Paragraph B.1.f., War And Military 

Action;

(d) Paragraph B.2.d., Dishonesty;

(e) Paragraph B.2.e., False Pretense;

(f) Paragraph B.2.k.(2), Errors or 

Omissions;

(g) Paragraph B.2.; and

(h) The Accounts Receivable and 

“Valuable Papers And Records” 

Exclusions.

g. Accounts Receivable 

(1) You may extend the insurance that 

applies to Business Personal Property 

to apply to accounts receivable. 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 loss 

or damage; and 

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(d) Other reasonable expenses that 

you incur to re-establish your 

records of accounts receivable; 

that result from direct physical 

loss or damage by any Covered 

Cause of Loss to your records of 

accounts receivable. 

(2) The most we will pay under this 

Coverage Extension for loss or 

damage in any one occurrence at the 

described premises is $10,000, 

unless a higher Limit of Insurance for 

accounts receivable is shown in the 

Declarations. 

For accounts receivable not at the 

described premises, the most we will 

pay is $5,000. 

(3) Section B. Exclusions of this 

Coverage Form does not apply to this 

Coverage Extension except for: 

(a) Paragraph B.1.c., Governmental 

Action; 

(b) Paragraph B.1.d., Nuclear Hazard; 

(c) Paragraph B.1.f., War And Military 

Action; 

(d) Paragraph B.2.d., Dishonesty; 

(e) Paragraph B.2.e., False Pretense; 

(f) Paragraph B.3.; and 

(g) Paragraph B.5. Accounts 

Receivable Exclusions. 

h. Business Personal Property 

Temporarily in Portable Storage Units

(1) You may extend the insurance that 

applies to Business Personal Property 

to apply to such property while 

temporarilystored in a portable 

storage unit (including a detached 

trailer) located within 100 feet of the 

described premises.

(2) The limitation under Paragraph 

A.4.a.(3) also applies to property in a 

portable storage unit.

(3) Coverage under this Extension:

(a) Will end 90 days after the

Business Personal Property has 

been placed in the storage unit

(b) Does not apply if the storage unit

itself has been in use at the 

described premises for more than 

90 consecutive days, even if the 

Business Personal Property has 

been stored there for 90 or fewer 

days as of the time of loss or 

damage.

(4) Under this Extension, the most we will

pay for the total of all loss or damage 

to Business Personal Property is 

$10,000 (unless a higher limit is 

indicated in the Declarations for such 

Extension) regardless of the number 

of storage units.

(5) This Extension does not apply to loss 

or damage otherwise covered under 

this Coverage Form or any 

endorsement to this Coverage Form, 

and does not apply to loss or damage 

to the storage unit itself.

B. Exclusions 

1. We will not pay for loss or damage caused 

directly or indirectly by any of the following. 

Such loss or damage is excluded regardless of 

any other cause or event that contributes 

concurrently or in any sequence to the loss. 

These exclusions apply whether or not the loss 

event results in widespread damage or affects 

a substantial area.

a. Ordinance Or Law 

The enforcement of or compliance with

any ordinance or law: 

(1) Regulating the construction, use or 

repair of any property; or

(2) Requiring the tearing down of any 

property, including the cost of 

removing its debris. 

This exclusion, Ordinance Or Law, applies 

whether the loss results from: 

(1) An ordinance or law that is enforced 

even if the property 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 property or removal of its debris, 

following a physical loss to that 

property.

b. Earth Movement

(1) Earthquake, including any earth 

sinking, rising, or shifting related to 

such an event;

(2) Landslide, including any earth sinking, 

rising or shifting related to such event;

(3) Mine subsidence, meaning 

subsidence of a man-made mine, 

whether or not mining activity has 

ceased;

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(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 Paragraphs (1) through (4) above, 

results in fire or explosion, we will 

pay for the loss or damage caused 

by that fire or explosion.

(5) Volcanic eruption, explosion or 

effusion. But if volcanic eruption, 

explosion or effusion results in fire, 

building glass breakage or volcanic 

action, we will pay for the loss or 

damage caused by that fire, building 

glass breakage or volcanic action. 

Volcanic action means direct loss or 

damage resulting from the eruption of 

a volcano when the loss or damage is 

caused by: 

(a) Airborne volcanic blast or 

airborne shock waves; 

(b) Ash, dust, or particulate matter; 

or 

(c) Lava flow. 

With respect to coverage for volcanic 

action as set forth in 5(a), (5)(b) and 

5(c) all volcanic eruptions that occur 

within any 168-hour period will 

constitute a single occurrence. 

Volcanic action does not include the 

cost to remove ash, dust or 

particulate matter that does not cause 

direct physical loss of or damage to 

Covered Property. 

This exclusion applies regardless of 

whether any of the above, in 

Paragraphs (1) through (5), is caused 

by an act of nature or is otherwise 

caused.

c. Governmental Action 

Seizure or destruction of property by order 

of governmental authority. 

But we will pay for loss or damage caused 

by or resulting from acts of destruction 

ordered by governmental authority and 

taken at the time of a fire to prevent its 

spread, if the fire would be covered under 

this policy. 

d. Nuclear Hazard 

Nuclear reaction or radiation, or radioactive 

contamination, however caused. 

But if nuclear reaction or radiation, or 

radioactive contamination, results in fire, 

we will pay for the loss or damage caused 

by that fire. 

e. Utility Services

The failure of power, communication, 

water or other utility service supplied to the 

described premises, however caused, if 

the failure originates away from the 

described premises; or originates at the 

described premises, but only if such failure 

involves equipment used to supply the 

utility service to the described premises 

from a source away from the described 

premises. Failure of any utility service

includes lack of sufficient capacity and 

reduction in supply.

Loss or damage caused by a surge of 

power is also excluded if the surge would 

not have occurred but for an event causing 

a failure of power.

But if the failure or surge of power, or the 

failure of communication, water or other 

utility service results in a Covered Cause of

Loss, we will pay for the loss or damage 

caused by that Covered Cause of Loss.

Communication services include but are 

not limited to service relating to Internet 

access or access to any electronic cellular 

or satellite network.

f. War And Military Action 

(1) War, including undeclared or civil war; 

(2) Warlike action by a military force, 

including action in hindering or 

defending against an actual or 

expected attack, by any government, 

sovereign or other authority using 

military personnel or other agents; or 

(3) Insurrection, rebellion, revolution, 

usurped power, or action taken by 

governmental authority in hindering or 

defending against any of these. 

g. Water

(1) Flood, surface water, waves

(including tidal wave and tsunami), 

tides, tidal water, overflow of any body 

of water, or spray from any of these, 

all whether or not driven by wind 

(including storm surge);

(2) Mudslide or mudflow;

(3) Water that backs up or overflows or is 

otherwise discharged from a sewer, 

drain, sump, sump pump or related 

equipment; or

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(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 B.1.g.(1), 

B.1.g. (3), or B.1.g. (4), or material 

carried or otherwise moved by 

mudslide or mudflow.

This exclusion applies regardless of 

whether any of the above, in 

Paragraphs B.1.g.(1) through (5), is 

caused by an act of nature or is 

otherwise caused. An example of a 

situation to which this exclusion 

applies is the situation where a dam, 

levee, sea wall or other boundary or 

containment system fails in whole or 

in part, for any reason, to contain the 

water.

But if any of the above in B.1.g.(1)

through B.1.g.(5), results in fire, 

explosion or sprinkler leakage, we will 

pay for the loss or damage caused by 

that fire, explosion or sprinkler 

leakage. 

h. Certain Computer-Related Losses

(1) The failure, malfunction or inadequacy of:

(a) Any of the following, whether 

belonging to any insured or to 

others:

(i) “Computer” hardware, 

including microprocessors or 

other electronic data 

processing equipment as 

may be described elsewhere 

in this policy;

(ii) “Computer” application 

software or other “electronic 

media and records” as may 

be described elsewhere in 

this policy;

(iii) “Computer” operating 

systems and related 

software;

(iv) “Computer” networks;

(v) Microprocessors (“computer” 

chips) not part of any 

“computer” system; or

(vi) Any other computerized or 

electronic equipment or 

components; or

(b) Any other products and any 

services, data or functions that 

directly or indirectly use or rely 

upon, in any manner, any of the 

items listed in Paragraph (a)

above;due to the inability to 

correctly recognize, distinguish, 

interpret or accept one or more 

dates or times. An example is the 

inability of computer software to 

recognize the year 2000.

(2) Any advice, consultation, design, 

evaluation, inspection, installation, 

maintenance, repair, replacement or 

supervision provided or done by you 

or for you to determine, rectify or test 

for any potential or actual problems 

described in Paragraph (1) above.

However, if excluded loss or damage, as 

described in Paragraph (1) above results in 

a “Specified Cause of Loss” we will pay 

only for the loss or damage caused by 

such “Specified Cause of Loss.” 

We will not pay for repair, replacement or 

modification of any items in Paragraphs

(1)(a) or (1)(b) to correct any deficiencies 

or change any features.

2. We will not pay for loss or damage caused by 

or resulting from any of the following: 

a. Consequential Losses 

Delay, loss of use or loss of market. 

b. Smoke, Vapor, Gas 

Smoke, vapor or gas from agricultural 

smudging or industrial operations. 

c. Frozen Plumbing 

Water, other liquids, powder or molten 

material that leaks or flows from plumbing

(including laterals and septic systems), 

heating, air conditioning or other equipment 

(except fire protective systems) caused by 

or resulting from freezing, unless: 

(1) For plumbing within a building or 

structure, you do your best to maintain 

heat in the building or structure; or 

(2) You drain the equipment and shut off 

the supply if the heat is not maintained.

d. Dishonesty 

Dishonest or criminal acts (including theft) by 

you, anyone else with an interest in the 

property, or any of your or their partners, 

“members”, officers, “managers”, employees

(including temporary or leased 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 another party.

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This exclusion:

(1) Applies whether or not an act occurs 

during your normal hours of operation

(2) Does not apply to acts of destruction 

by your employees (including

temporary or leased employees) or 

authorized representatives; but theft 

by your employees (including 

temporary or leased employees) or 

authorized representatives is not 

covered. 

With respect to accounts receivable 

and "valuable papers and records", 

this exclusion does not apply to 

carriers for hire. 

This exclusion does not apply to 

coverage that is provided under the

Employee Dishonesty Optional 

Coverage.

e. 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. 

f. Exposed Property 

Rain, snow, ice or sleet to personal 

property in the open. 

g. Collapse 

(1) Collapse, including any of the 

following conditions of property or any 

part of the property;

(a) An abrupt falling down or caving 

in

(b) Loss of structural integrity, 

including separation of parts of 

the property or property in danger 

of falling down or 

(c) Any cracking, bulging, sagging, 

bending, leaning, settling, 

shrinkage, or expansion as such 

condition relates to paragraphs 

i.(1)(a) or i.(1)(b)

But if collapse results in a Covered Cause 

of Loss at the described premises, we will 

pay for the loss or damage caused by that 

Covered Cause of Loss

(2) This Exclusion i. does not apply:

(a) To the extent that coverage is 

provided under the Additional 

Coverage Collapse; or

(b) To collapse caused by one or more 

of the following:

(i) The “specified causes of 

loss”

(ii) Breakage of building glass

(iii) Weight of rain that collects on 

a roof; or

(iv) Weight of people or personal 

property

h. Pollution 

We will not pay for loss or damage caused 

by or resulting from the discharge, 

dispersal, seepage, migration, release or 

escape of "pollutants" unless the 

discharge, dispersal, seepage, migration, 

release or escape is itself caused by any of 

the "specified causes of loss". But if the 

discharge, dispersal, seepage, migration, 

release or escape of "pollutants" results in 

a "specified cause of loss", we will pay for 

the loss or damage caused by that 

"specified cause of loss". 

i. 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.

j. Other Types Of Loss 

(1) Wear and tear; 

(2) Rust or other corrosion, ”fungi”, 

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) The following causes of loss to 

personal property:

(a) Dampness or dryness of 

atmosphere; 

(b) Changes in or extremes of 

temperature; or 

(c) Marring or scratching. 

But if an excluded cause of loss that is 

listed in Paragraphs (1) through (6) results 

in a "specified cause of loss" or building 

glass breakage, we will pay for the loss or 

damage caused by that "specified cause of 

loss" or building glass breakage. 

k. Errors Or Omissions

Errors or omissions in:

(1) Programming, processing or storing 

data, as described under “electronic 

data” or in any “computer” operations; 

or

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(2) Processing or copying “valuable 

papers and records”.

However, we will pay for direct physical 

loss or damage caused by resulting fire or 

explosion if these causes of loss would be 

covered by this coverage form.

l. Installation, Testing, Repair

Errors or deficiency in design, installation, 

testing, maintenance, modification or 

repair of your “computer” system including 

“electronic data”.

However, we will pay for direct physical 

loss or damage caused by resulting fire or 

explosion if these causes of loss would be 

covered by this coverage form.

m. Electrical Disturbance

Electrical or magnetic injury, disturbance, 

virus or erasure of “electronic data”, except 

as provided for under A.5 Additional 

Coverages.

However, we will pay for direct loss or 

damage caused by lightning.

n. Continuous Or Repeated Seepage Or 

Leakage of Water

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.

3. We will not pay for loss or damage caused by 

or resulting from any of the following B.3.a. 

through B.3.c. But if an excluded cause of loss 

that is listed in B.3.a. through B.3.c. results in 

a Covered Cause of Loss, we will pay for the 

loss or damage caused by that Covered Cause 

of Loss. 

a. Weather Conditions 

Weather conditions. But this exclusion only 

applies if weather conditions contribute in 

any way with a cause or event excluded in 

Paragraph 1. above to produce the loss or 

damage. 

b. Acts Or Decisions 

Acts or decisions, including the failure to 

act or decide, of any person, group, 

organization or governmental body. 

c. Negligent Work

Faulty, inadequate or defective: 

(1) Planning, zoning, development, 

surveying, siting; 

(2) Design, specifications, workmanship, 

repair, construction, renovation, 

remodeling, grading, compaction; 

(3) Materials used in repair, construction, 

renovation or remodeling; or 

(4) Maintenance; 

of part or all of any property on or off the 

described premises. 

4. Business Income And Extra Expense 

Exclusions 

a. We will not pay for: 

(1) Any Extra Expense, or increase of 

Business Income loss, caused by or 

resulting from: 

(a) Delay in rebuilding, repairing or 

replacing the property or 

resuming "operations", due to 

interference at the location of the 

rebuilding, repair or replacement 

by strikers or other persons; or 

(b) Suspension, lapse or cancellation 

of any license, lease or contract. 

But if the suspension, lapse or 

cancellation is directly caused by 

the suspension of "operations", 

we will cover such loss that 

affects your Business Income 

during the "period of restoration" 

and any extension of the “period 

of restoration” in accordance with 

the terms of the Extended 

Business Income Additional 

Coverage.

(2) Any other consequential loss.

b. With respect to this exclusion, suspension 

means:

(1) The partial slowdown or complete 

cessation of your business activities; 

and

(2) That a part or all of the described 

premises is rendered untenantable, if 

coverage for Business Income 

applies. 

5. Accounts Receivable Exclusion 

The following additional exclusion applies to the 

Accounts Receivable Extension: 

We will not pay for: 

a. Loss or damage caused by or resulting 

from alteration, falsification, concealment 

or destruction of records of accounts 

receivable done to conceal the wrongful 

giving, taking or withholding of "money", 

"securities" or other property. 

This exclusion applies only to the extent of 

the wrongful giving, taking or withholding. 

b. Loss or damage caused by or resulting 

from bookkeeping, accounting or billing 

errors or omissions. 

c. Any loss or damage that requires any audit 

of records or any inventory computation to 

prove its factual existence. 

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6. Additional Exclusion

The following applies only to the property 

specified in this Additional Exclusion

Loss or Damage to Products

We will not pay for loss or damage to any 

merchandise goods or other product caused by or 

resulting from error or omission by any person or 

entity (including those having possession under 

an arrangement where work or a portion of the 

works is outsourced) in any stage of the 

development, production or use of the product 

including planning testing, processing, packaging, 

installation, maintenance or repair. This exclusion 

applies to any effect that compromises the form, 

substance or quality of the product. But if such 

error or omission results in a Covered Cause of 

Loss, we will pay for the loss or damage caused 

by that Covered Cause of Loss.

C. Limits Of Insurance

1. The most we will pay for loss or damage in 

any one occurrence is the applicable Limit 

of Insurance shown in the Declarations. 

2. The amounts of insurance applicable to 

the Coverage Extensions and the following 

Additional Coverages apply in accordance 

with the terms of such coverages are in 

addition to the Limits of Insurance:

a. Fire Department Service Charge

b. Contamination

c. Ordinance or Law

d. Debris Removal

e. Pollutant Cleanup and Removal

3. Automatic Increase 

a. In accordance with Paragraph C.3.b. the 

Limit of Insurance for Buildings and Business 

Personal Property will automatically increase 

by 4% unless a different percentage of 

annual increase is shown in the Declarations. 

b. The amount of increase will be calculated as 

follows: 

(1) Multiply the Building and Business 

Personal Property limits that applied on 

the most recent of the policy inception 

date, the policy anniversary date, or any 

other policy change amending the 

Building and Business Personal 

Property limits, by

(a) The percentage of annual increase 

shown in the Declarations, 

expressed as a decimal (example: 

3% is .03), times

(b) .04 if no percentage of annual 

increase is shown in the 

Declarations; and

(2) Multiply the number calculated in 

accordance with b.(1) by the number of 

days since the beginning of the current 

policy year or the effective date of the 

most recent policy change amending 

the Building and Business Personal 

Property limits, divided by 365. 

Example: 

If:The applicable Building limit 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. 

4. Business Personal Property Limit –

Seasonal Increase 

a. Subject to Paragraph 4.b., The Limit of 

Insurance for Business Personal Property 

is automatically increased by:

(1) The Business Personal PropertySeasonal Increase percentage shown 

in the Declarations; or

(2) 25% if no Business Personal PropertySeasonal Increase percentage is shown 

in the Declarations;

to provide for seasonal variances

b. The increase described in Paragraph 4.a

will apply only if the Limit of Insurance 

shown for Business Personal Property in 

the Declarations is at least 100% of your 

average monthly values during the lesser 

of: 

(1) The 12 months immediately preceding 

the date the loss or damage occurs; or 

(2) The period of time you have been in 

business as of the date the loss or 

damage occurs. 

D. Deductibles 

1. We will not pay for loss or damage in any one 

occurrence until the amount of loss or damage 

exceeds the Deductible shown in the 

Declarations. We will then pay the amount of 

loss or damage in excess of the Deductible up 

to the applicable Limit of Insurance of 

2. No deductible applies to the following 

Additional Coverages: 

a. Fire Department Service Charge; 

b. Business Income;

c. Extra Expense;

d. Civil Authority;

e. Customer Expense Reimbursement; and

f. Fire Extinguishing Equipment

g. Service Interruption

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E. Property Loss Conditions 

1. Abandonment 

There can be no abandonment of any property 

to us. 

2. Appraisal 

If we and you disagree on the amount of loss, 

either may make written demand for an 

appraisal of the loss. In this event, each party 

will select a competent and impartial appraiser. 

The two appraisers will select an umpire. If they 

cannot agree, either may request that selection 

be made by a judge of a court having 

jurisdiction. The appraisers will state separately 

the amount of loss. If they fail to agree, they will 

submit their differences to the umpire. A 

decision agreed to by any two will be binding. 

Each party will:

a. Pay its chosen appraiser; and 

b. Bear the other expenses of the appraisal 

and umpire equally. 

If there is an appraisal, we will still retain our 

right to deny the claim. 

3. Duties In The Event Of Loss Or Damage 

a. You must see that the following are done 

in the event of loss or damage to Covered 

Property: 

(1) Notify the police if a law may have 

been broken. 

(2) Give us prompt notice of the loss or 

damage. Include a description of the 

property involved. 

(3) As soon as possible, give us a 

description of how, when and where 

the loss or damage occurred. 

(4) Take all reasonable steps to protect the 

Covered Property from further damage, 

and keep a record of your expenses 

necessary to protect the Covered 

Property, for consideration in the 

settlement of the claim. This will not 

increase the Limit of Insurance. 

However, we will not pay for any 

subsequent loss or damage resulting 

from a cause of loss that is not a 

Covered Cause of Loss. Also, if 

feasible, set the damaged property 

aside and in the best possible order for 

examination. 

(5) At our request, give us complete 

inventories of the damaged and 

undamaged property. Include quantities, 

costs, values and amount of loss 

claimed. 

(6) As often as may be reasonably 

required, permit us to inspect the 

property proving the loss or damage 

and examine your books and records. 

Also permit us to take samples of 

damaged and undamaged property 

for inspection, testing and analysis, 

and permit us to make copies from 

your books and records. 

(7) Send us a signed, sworn proof of loss 

containing the information we request 

to investigate the claim. You must do 

this within 60 days after our request. 

We will supply you with the necessary 

forms. 

(8) Cooperate with us in the investigation 

or settlement of the claim. 

(9) 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. Legal Action Against Us 

No one may bring a legal action against us 

under this insurance unless: 

a. There has been full compliance with all of 

the terms of this insurance; and 

b. The action is brought within 2 years after 

the date on which the direct physical loss 

or damage occurred. 

5. Loss Payment

In the event of loss or damage covered by this 

policy: 

a. 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, subject to d.(1) below. 

b. We will give notice of our intentions within 

30 days after we receive the sworn proof of 

loss. 

c. We will not pay you more than your 

financial interest in the Covered Property. 

d. Except as provided in (2) through (9)

below, we will determine the value of 

Covered Property as follows: 

(1) At replacement cost without 

deduction for depreciation, subject to 

the following: 

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(a) You may make a claim for loss or 

damage covered by this 

insurance on an actual cash 

value basis instead of on a 

replacement cost basis. In the 

event you elect to have loss or 

damage settled on an actual cash 

value basis, you may still make a 

claim on a replacement cost 

basis if you notify us of your intent 

to do so within 180 days after the 

loss or damage.

(b) 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 are made 

as soon as reasonably 

possible after the loss or 

damage.

However, if the cost to repair 

or replace the damaged 

property is $2,500 or less, we 

will settle the loss whether or 

not actual repair or 

replacement is complete.

(c) We will not pay more for loss or 

damage on a replacement cost 

basis than the least of:

(i) The Limit of Insurance that 

applies to the lost or 

damaged property.

(ii) The cost to replace, on the 

same premises, the lost or 

damaged property with other 

property:

1. Of comparable material 

and quality; and

2. Used for the same 

purpose; or

(iii) The amount you actually 

spend that is necessary to 

repair or replace the lost or 

damaged property.

If a building is rebuilt at a new 

premises, the cost is limited to 

the cost which would have been 

incurred had the building been 

built at the original premises

(2) If the Actual Cash Value option 

applies, as shown in the Declarations, 

paragraph (1) above does not apply 

to property specified. Instead, we will 

determine the value of property at 

actual cash value.

(3) The following property at actual cash 

value:

(a) Used or second-hand merchandise 

held in storage or for sale; 

(b) Property of others. However, if 

property of others is subject to a 

written contract which governs your 

liability for loss or damage to that 

item(s), then valuation of that item(s) 

will be based on the amount for 

which you are liable under such 

contract, but not to exceed the lesser 

of the valuation option indicated in 

the Declarations (replacement 

cost/actual cash value) of the 

property or the applicable Limit of 

Insurance.

(c) Household contents, except 

personal property in apartments or 

rooms furnished by you as landlord;

(d) Manuscripts; 

(e) Works of art; collectibles, antiques 

or rare articles, including etchings, 

pictures, statuary, marbles, bronzes 

porcelains and bric-a-brac.

(4) Glass at the cost of replacement with 

safety glazing material if required by 

law. 

(5) Tenants' Improvements and 

Betterments at: 

(a) Replacement cost if you make 

repairs promptly. 

(b) A proportion of your original cost 

if you do not make repairs 

promptly. We will determine the 

proportionate value as follows: 

(i) Multiply the original cost by 

the number of days from the 

loss or damage to the 

expiration of the lease; and 

(ii) Divide the amount 

determined in (i) 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. 

(c) Nothing if others pay for repairs 

or replacement. 

(6) Applicable only to the Optional 

Coverages: 

(a) "Money" at its face value; and 

(b) "Securities" at their value at the 

close of business on the day the 

loss is discovered.

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(7) The value of United States 

Government Internal Revenue taxes 

and custom duties and refundable 

state and local taxes paid or fully 

determined on the following property 

held for sale will not be considered in 

determining the value of Covered 

Property:

(a) Distilled spirits;

(b) Wines; 

(c) Rectified products; or

(d) Beer

(8) Applicable only to Accounts 

Receivable: 

(a) If you cannot accurately establish 

the amount of accounts 

receivable outstanding as of the 

time of loss or damage: 

(i) We will determine the total of 

the average monthly amounts 

of accounts receivable for the 

12 months immediately 

preceding the month in which 

the loss or damage occurs; 

and 

(ii) We will adjust that total for 

any normal fluctuations in the 

amount of accounts 

receivable for the month in 

which the loss or damage 

occurred or for any 

demonstrated variance from 

the average for that month. 

(b) The following will be deducted 

from the total amount of accounts 

receivable, however that amount 

is established: 

(i) The amount of the accounts 

for which there is no loss or 

damage; 

(ii) The amount of the accounts 

that you are able to reestablish or collect; 

(iii) An amount to allow for 

probable bad debts that you 

are normally unable to collect; 

and

(iv) All unearned interest and 

service charges. 

(9) Applicable only to Spoilage:

(a) For “perishable stock” you have 

sold but not delivered, at the 

selling price less discounts and 

expenses you otherwise would 

have had; and

(b) For other “perishable stock,” at 

Actual Cash Value.

e. Our payment for loss of or damage to 

personal property of others will only be for 

the account of the owners of the property. 

We may adjust losses with the owners of 

lost or damaged property if other than you. 

If we pay the owners, such payments will 

satisfy your claims against us for the 

owners' property. We will not pay the 

owners more than their financial interest in 

the Covered Property. 

f. We may elect to defend you against suits 

arising from claims of owners of property. 

We will do this at our expense. 

g. We will pay for covered loss or damage 

within 30 days after we receive the sworn 

proof of loss, provided you have complied 

with all of the terms of this policy, and 

(1) We have reached agreement with you 

on the amount of loss; or 

(2) An appraisal award has been made. 

h. A party wall is a wall that separates and is 

common to adjoining buildings that are 

owned by different parties. In settling 

covered losses involving a part wall, we will 

pay a proportion of the loss to the party 

wall based on your interest in the wall in 

proportion to the interest of the owner of 

the adjoining building. However, if you 

elect to repair or replace your building and 

the owner of the adjoining building elects 

not to repair or replace that building, we 

will pay you the full value of the loss to the 

party wall, subject to all applicable policy 

provisions including Limits of Insurance 

and all other provisions of this Loss 

Payment Condition. Our payment under 

the provisions of this paragraph does not 

alter any right of subrogation we may have 

against any entity, including the owner or

insurer of the adjoining building and does 

not alter the terms of the Transfer Of 

Rights Of Recovery Against Others To Us 

Condition in this policy

6. Recovered Property 

If either you or we recover any property after 

loss settlement, that party must give the other 

prompt notice. At your option, you may retain 

the property. But then you must 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. 

7. Resumption Of Operations 

We will reduce the amount of your: 

a. Business Income loss, other than Extra 

Expense, to the extent you can resume 

your "operations", in whole or in part, by 

using damaged or undamaged property 

(including merchandise or stock) at the 

described premises or elsewhere. 

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b. Extra Expense loss to the extent you can 

return "operations" to normal and 

discontinue such Extra Expense. 

8. 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 

Paragraphs (a) and (b) below: 

(a) When this policy is issued to a 

tenant, and with respect to that 

tenant's interest in Covered 

Property, building means the unit 

or suite rented or leased to the 

tenant. Such building is vacant 

when it does not contain enough 

business personal property to 

conduct customary operations. 

(b) When this policy is issued to the 

owner or general lessee of a 

building, building means the 

entire building. Such building is 

vacant unless at least 31% of its 

total square footage: 

(i) Rented to a lessee or sublessee and used by the 

lessee or sub-lessee to 

conduct its customary 

operations; or 

(ii) Used by the building owner to 

conduct customary operations.

(2) Buildings under construction or 

renovation are not considered vacant. 

b. Vacancy Provisions 

If the building where loss or damage 

occurs has been vacant for more than 60 

consecutive days before that loss or 

damage occurs: 

(1) We will not pay for any loss or damage 

caused by any of the following even if 

they are Covered Causes of Loss: 

(a) Vandalism; 

(b) Sprinkler leakage, unless you have 

protected the system against 

freezing; 

(c) Building glass breakage; 

(d) Water damage; 

(e) Theft; or 

(f) Attempted theft. 

(2) With respect to Covered Causes of 

Loss other than those listed in

b.(1)(a) through b.(1)(f) above, we will

reduce the amount we would 

otherwise pay for the loss or damage 

by 15%. 

F. Property General Conditions 

1. 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 

Form at any one or more locations will not 

affect coverage at any location where, at the 

time of loss or damage, the breach of condition 

does not exist. 

2. Mortgageholders 

a. The term "mortgageholder" includes trustee. 

b. We will pay for covered loss of or damage to 

buildings or structures to each 

mortgageholder shown in the Declarations in 

their order of precedence, as interests may 

appear. 

c. The mortgageholder has the right to receive 

loss payment even if the mortgageholder has 

started foreclosure or similar action on the 

building or structure. 

d. If we deny your claim because of your acts or 

because you have failed to comply with the 

terms of this policy, the mortgageholder will 

still have the right to receive loss payment if 

the mortgageholder: 

(1) Pays any premium due under this 

policy at our request if you have failed 

to do so; 

(2) Submits a signed, sworn proof of loss 

within 60 days after receiving notice 

from us of your failure to do so; and 

(3) Has notified us of any change in 

ownership, occupancy or substantial 

change in risk known to the 

mortgageholder. 

All of the terms of this policy will then 

apply directly to the mortgageholder. 

e. If we pay the mortgageholder for any loss 

or damage and deny payment to you 

because of your acts or because you have 

failed to comply with the terms of this 

policy: 

(1) The mortgageholder's rights under the 

mortgage will be transferred to us to the 

extent of the amount we pay; and 

(2) The mortgageholder's right to recover 

the full amount of the mortgageholder's 

claim will not be impaired. 

At our option, we may pay to the 

mortgageholder the whole principal on the 

mortgage plus any accrued interest. In this 

event, your mortgage and note will be 

transferred to us and you will pay your 

remaining mortgage debt to us. 

f. If we cancel this policy, we will give written 

notice to the mortgageholder at least: 

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(1) 10 days before the effective date of 

cancellation if we cancel for your 

nonpayment of premium; or 

(2) 30 days before the effective date of 

cancellation if we cancel for any other 

reason. 

g. If we elect not to renew this policy, we will 

give written notice to the mortgageholder 

at least 10 days before the expiration date 

of this policy. 

3. No Benefit To Bailee 

No person or organization, other than you, 

having custody of Covered Property will 

benefit from this insurance. 

4. Policy Period, Coverage Territory 

Under this form: 

a. We cover loss or damage commencing: 

(1) During the policy period shown in the 

Declarations; and 

(2) Within the coverage territory or, with 

respect to property in transit, while it 

is between points in the coverage 

territory. 

b. The coverage territory is: 

(1) The United States of America 

(including its territories and 

possessions); 

(2) Puerto Rico; and 

(3) Canada. 

G. Optional Coverages 

If shown as applicable in the Declarations, the 

following Optional Coverages also apply. These 

coverages are subject to the terms and conditions 

applicable to property coverage in this policy, 

except as provided below. 

1. Outdoor Signs 

a. We will pay for direct physical loss of or 

damage to all outdoor signs at the 

described premises: 

(1) Owned by you; or 

(2) Owned by others but in your care, 

custody or control. 

b. Paragraph A.3., Covered Causes Of 

Loss, and Section B., Exclusions, do not 

apply to this Optional Coverage, except for:

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

(2) Paragraph B.1.d., Nuclear Hazard; and 

(3) Paragraph B.1.f., War And Military 

Action. 

c. We will not pay for loss or damage caused 

by or resulting from: 

(1) Wear and tear; 

(2) Hidden or latent defect; 

(3) Rust; or

(4) Corrosion.

d. The most we will pay for loss or damage in 

any one occurrence is the Limit of 

Insurance for Outdoor Signs shown in the 

Declarations. 

e. The provisions of this Optional Coverage 

supersede all other references to outdoor 

signs in this policy. 

2. Crime 

a. Money and Securities

(1) We will pay for loss of “money” and 

“securities used in your business while at 

a bank or savings institution, within your 

living quarters or the living quarters of 

your partners or any employee (including 

a temporary or leased employee) having 

use and custody of the property, at the 

described premises, or in transit between 

any of these places, resulting directly 

from:

(a) Theft, meaning any act of stealing;

(b) Disappearance; or

(c) Destruction.

(2) In addition to the Limitations and 

Exclusions applicable to property 

coverage, we will not pay for loss:

(a) Resulting from accounting or 

arithmetical errors or omissions;

(b) Due to the giving or surrendering 

of property in any exchange or 

purchase; or

(c) 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.

(d) Of property involved in the course 

of illegal transportation or trade; 

contraband.

(3) The most we will pay for loss in any 

one occurrence is:

(a) The limit shown in the Declarations 

for Money and Security - Inside the 

Premises while:

(i) In or on the described 

premises; or

(ii) Within a bank or savings 

institution; and

(b) The limit shown in the Declarations 

for Money and Security - Outside 

the Premises while anywhere else. 

(4) All loss: 

(a) Caused by one or more persons; 

or

(b) Involving a single act or series or 

related acts;

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is considered one occurrence.

(5) You must keep records of all “money” 

and “securities” so we can verify the 

amount of any loss or damage. 

b. Money Orders and Counterfeit Money 

We will pay for loss resulting directly from 

your having accepted in good faith, in 

exchange for merchandise, “money” or 

services:

(1) Money orders issued by any post 

office, express company or bank that 

are not paid upon presentation; or

(2) “Counterfeit money” that is acquired 

during the regular course of business.

The most we will pay for any one 

occurrence under this Optional Coverage 

is the Limit of Insurance for Money Orders 

and Counterfeit Money shown in the 

Declarations. 

c. Forgery and Alteration

(1) We will pay for loss resulting directly 

from forgery or alteration of, any 

check, draft, promissory note, bill of 

exchange or similar written promise of

payment in “money”, that you or your 

agent has issued, or that was issued 

by someone who impersonates you or 

your agent. 

(2) If you are sued for refusing to pay the 

check, draft, promissory note, bill of 

exchange or similar written promise of

payment in “money”, 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 in that defense. 

(3) For the purpose of this coverage, 

check includes a substitute check as 

defined in the Check Clearing for the 

21st Century Act, and will be treated 

the same as the original it replaced.

(4) The most we will pay for any one 

occurrence, including legal expenses, 

under this Optional Coverage is the 

Limit of Insurance for Forgery and 

Alterations shown in the Declarations. 

d. Extortion

(1) We will pay for loss of Business 

Personal Property and “money” and 

“securities” resulting directly from 

“Extortion.”

(2) The most we will pay for loss in any 

one occurrence is the applicable Limit 

of Insurance for Extortion shown in 

the Declarations.

(3) We will not pay for loss as specified 

below: 

(a) Loss resulting from any dishonest 

or criminal act committed by any of 

your employees, directors, trustees,

or authorized representatives:

(i) Acting alone or in collusion with 

other persons; or

(ii) While performing services for 

you or otherwise. 

(b) Loss or property surrendered before 

a reasonable effort has been made 

to report an extortionist’s demand to 

all the following:

(i) An associate;

(ii) The Federal Bureau of 

Investigation; and

(iii) Local law enforcement authorities.

(4) Loss is covered only if the threat to do 

bodily harm is first communicated to 

you during the Policy Period. 

(5) Loss is covered only if the capture or 

alleged capture takes place within the 

United States of America, U.S. Virgin 

Islands, Puerto Rico or Canada.

The Coverage Territory General 

Conditions does not apply.

e. Computer Fraud

(1) We will pay for loss of or damage to 

Business Personal Property and 

“money” and “securities” resulting from 

theft (meaning any act of stealing) 

following and directly related to the use 

of any computer to fraudulently cause a 

transfer of property from inside the 

described premises or bank or savings 

institution to a person (other than you, 

any of your partners or any employee) 

outside the described premises.

(2) The most we will pay for loss in any 

one occurrence is the Limit of 

Insurance for Computer Fraud shown 

in the Declarations.

(3) We will not pay for loss as specified 

below: 

(a) Loss resulting from any dishonest 

or criminal act committed by any 

of your employees, directors 

trustees or authorized 

representatives:

(i) Acting alone or in collusion 

with other persons; or

(ii) While performing services for 

you or otherwise. 

(b) Loss, or that part of any loss, the 

proof of which as to its existence 

or amount is dependent upon:

(i) An inventory computation; or

(ii) A profit and loss computation. 

Case: 1:20-cv-02692 Document #: 1-1 Filed: 05/04/20 Page 78 of 94 PageID #:91
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(4) Duties in the Event of Loss: If you 

have reason to believe that any loss 

of, or damage to, property involves a 

violation of law, you must notify law 

enforcement authorities.

f. Funds Transfer Fraud

(1) We will pay for loss of "funds" 

resulting directly from a "fraudulent 

instruction" directing a financial 

institution to transfer, pay or deliver 

"funds" from your "transfer account".

(2) "Fraudulent instruction" means:

(a) An electronic, telegraphic, cable, 

teletype, telefacsimile or 

telephone instruction which 

purports to have been transmitted 

by you, but which was in fact 

fraudulently transmitted by 

someone else without your 

knowledge or consent;

(b) A written instruction (other than 

those described in 2.c. Forgery 

and Alteration) issued by you, 

which was forged or altered by 

someone other than you without 

your knowledge or consent, or 

which purports to have been 

issued by you, but was in fact 

fraudulently issued without your 

knowledge or consent; or

(c) An electronic, telegraphic, cable, 

teletype, telefacsimile, telephone or 

written instruction initially received 

by you which purports to have been 

transmitted by an "employee" but 

which was in fact fraudulently 

transmitted by someone else 

without your or the "employee's" 

knowledge or consent.

(3) "Funds" means "money" and 

"securities".

(4) "Transfer account" means an account 

maintained by you at a financial 

institution from which you can initiate the 

transfer, payment or delivery of "funds":

(a) By means of electronic, 

telegraphic, cable, teletype, 

telefacsimile or telephone 

instructions communicated 

directly through an electronic 

funds transfer system; or 

(b) By means of written instructions 

(other than those described in 2.c. 

Forgery and Alteration) 

establishing the conditions under 

which such transfers are to be 

initiated by such financial institution 

through an electronic funds transfer 

system.

(5) The most we will pay for loss in any 

one occurrence is the applicable Limit 

of Insurance for Funds Transfer 

Fraud shown in the Declarations.

3. Employee Dishonesty 

(1) We will pay for direct loss of or 

damage to Business Personal 

Property and “money” and “securities” 

resulting from dishonest acts 

committed by any of your employees 

acting alone or in collusion with other 

persons (except you or your partner) 

with the manifest intent to: 

(a) Cause you to sustain loss or 

damage; and also; 

(b) Obtain financial benefit (other 

than salaries, commissions, fees, 

bonuses, promotions, awards, 

profit sharing, pensions or other 

employee benefits earned in the 

normal course of employment) 

for: 

(i) Any employee; or

(ii) Any other person or 

organization. 

(2) We will not pay for loss or damage:

(a) Resulting from any dishonest or 

criminal act that you or any of 

your partners or “members” 

commit whether acting alone or in 

collusion with other persons.

(b) Resulting from any dishonest act 

committed by any or your 

employees (except as provided in 

Paragraph (1)), “managers” or 

directors:

(i) Whether acting alone or in 

collusion with other persons; 

or

(ii) While performing services for 

you or otherwise.

(c) The only proof of which as to its 

existence or amount is:

(i) An inventory computation; or

(ii) A profit and loss computation

(d) Caused by an employee if the 

employee had also committed 

theft or any other dishonest act 

prior to the effective date of this 

policy and you or any of your 

partners, “members”, “managers”, 

officers, directors or trustees, not 

in collusion with the employee, 

learned of that theft of dishonest 

act prior to the policy period 

shown in the Declarations

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TBP2 (05-15) © Society Insurance, Inc., 2015. Page 29 of 32

(3) The most we will pay for loss or 

damage in any one occurrence is the 

Limit of Insurance for Employee 

Dishonesty shown in the 

Declarations.

(4) All loss or damage:

(a) Caused by one or more persons; 

or 

(b) Involving a single act or series of 

acts; is considered one 

occurrence. 

(5) If any loss is covered:

(a) Partly by this insurance; and

(b) Partly by any prior cancelled or 

terminated insurance that we or 

any affiliate had issued to you or 

any predecessor in interest;

the most we will pay is the larger of the 

amount recoverable under this 

insurance or the prior insurance.

We will pay only for loss or damage you 

sustain through acts committed or 

events occurring during the Policy 

Period. Regardless of the number of 

years this policy remains in force or the 

number of premiums paid, no Limit of 

Insurance cumulates from year to year 

or period to period.

(6) This Optional Coverage is cancelled 

as to any employee immediately upon 

discovery by: 

(a) You; or

(b) Any of your partners, “members”, 

“managers”, officers or directors 

not in collusion with the

employee;

of any dishonest act committed by 

that employee before or after being 

hired by you. 

(7) We will pay only for covered loss or 

damage sustained during the policy 

period and discovered no later than 

one year from the end of the policy 

period. 

(8) If you (or any predecessor in interest) 

sustained loss or damage during the 

period of any prior insurance that you 

could have recovered under that 

insurance except that the time within 

which to discover loss of damage had 

expired, we will pay for it under this 

Optional Coverage, provided:

(a) This Optional Coverage became 

effective at the time of 

cancellation or termination of the 

prior insurance; and

(b) The loss or damage would have 

been covered by this Optional 

Coverage had it been in effect 

when the acts or events causing 

the loss or damage were 

committed or occurred. 

(9) The Insurance under paragraph (8) 

above is part of, not in addition to, the 

Limit of Insurance applying to this 

Optional Coverage and is limited to 

the lesser of the amount recoverable 

under: 

(a) This Optional Coverage as if its 

effective date; or

(b) The prior insurance had it 

remained in effect. 

(10)With respect to Employee Dishonesty 

Coverage in Paragraph G.3., employee 

means:

(a) Any natural person;

(i) While in your service or for 30 

days after termination of 

service;

(ii) Who you compensate directly 

by salary, wages or 

commissions; and 

(iii) Who you have the right to 

direct and control while 

performing services for you:

(b) Any natural person who is 

furnished temporarily to you:

(i) To substitute for a permanent 

employee as defined in 

Paragraph (1) above, who is 

on leave; or

(ii) To meet seasonal or short-term 

work load conditions:

(c) 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 (b) above;

(d) Any natural person who is a 

former employee, director, 

partner, member, manager, 

representative or trustee retained 

as a consultant while performing 

services for you; or

(e) 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 

any building you occupy in 

conducting your business

Case: 1:20-cv-02692 Document #: 1-1 Filed: 05/04/20 Page 80 of 94 PageID #:93
Page 30 of 32 © Society Insurance, Inc., 2015. TBP2 (05-15)

But employee does not mean:

(i) Any agent, broker, factor, 

commission merchant, 

consignee, independent 

contractor or representative of 

the same general character; or

(ii) Any "manager", director or trustee 

except while performing acts 

coming within the usual duties of 

an employee.

H. Property Definitions

1. “Computer” means:

a. Programmable electronic equipment that is 

used to store, retrieve and process data; and

b. Associated peripheral equipment that provides 

communication, including input and output 

functions such as printing and auxiliary 

functions such as data transmission.

“Computer” does not include those used to operate 

production type machinery or equipment.

2. “Counterfeit money” means an imitation of 

“money” that is intended to deceive and to be 

taken as genuine.

3. "Electronic data" means information, facts or 

computer programs stored as or on, created or

used on, or transmitted to or from computer

software (including systems and applications

software), on hard or floppy disks, CD-ROMs,

tapes, drives, cells, data processing devices or any 

other repositories of computer software which are 

used with electronically controlled equipment. The 

term computer programs, referred to in the 

foregoing description of electronic data, means a 

set of related electronic instructions which direct 

the operations and functions of a "computer" or 

device connected to it, which enable the 

"computer" or device to receive, process, store, 

retrieve or send data.

4. Equipment Breakdown” as used herein means:

a. Physical loss or damage both originating 

within: 

(1) Boilers, fired or unfired pressure 

vessels, vacuum vessels, and 

pressure piping, all normally subject 

to vacuum or internal pressure other 

than static pressure of contents, 

excluding:

(a) Waste disposal piping;

(b) Any piping forming part of a fire 

protective system; and

(c) Any water piping other than:

(i) Boiler feed water piping 

between the feed pump and 

the boiler;

(ii) Boiler condensate return 

piping; or

(iii) Water piping forming part of a 

refrigerating or air 

conditioning system used for 

cooling, humidifying or space 

heating purposes

(2) All mechanical, electrical, electronic 

or fiber optic equipment: and

b. Caused by, resulting from, or consisting of:

(1) Mechanical breakdown; or

(2) Electrical or electronic breakdown; or

(3) Rupture, bursting, bulging, implosion, 

or steam explosion.

However, “Equipment Breakdown” will not 

mean:

Physical loss or damage caused by or resulting 

from any of the following; however if loss or 

damage not otherwise excluded results, then 

we will pay for such resulting damage.

(1) Wear and Tear;

(2) Rust or other corrosion, decay, 

deterioration, hidden or latent defect, 

mold or any other 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 birds, rodents or other 

animals.

(6) Scratching and marring

(7) Any loss, damage, cost or expense 

directly caused by, contributed to by, 

resulting from or arising out of the 

following;

Fire, lightning, combustion explosion, 

windstorm or hail, weight of snow, ice or 

sleet, falling objects, smoke, aircraft or 

vehicles, riot or civil commotion, 

vandalism, sinkhole collapse, volcanic 

action, leakage from fire extinguishing 

equipment, water damage, earth 

movement and flood."

5. “Extortion” means the surrender of property away 

from the premises as a result of a threat 

communicated to you to do bodily harm to you or 

an employee or to a relative or invitee of either, 

who is, or allegedly is being held captive.

6. "Fungi" means any type or form of fungus,

including mold or mildew, and any mycotoxins, 

spores, scents or by-products produced or 

released by fungi.

7. “Hazardous substance” means any substance 

other than ammonia that has been declared to be 

hazardous to health by a governmental agency.

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TBP2 (05-15) © Society Insurance, Inc., 2015. Page 31 of 32

8. “Manager” means a person serving in a directorial 

capacity for a limited liability company.

9. “Member” means an owner of a limited liability 

company represented by its membership interest, 

who also may serve as a “manager”.

10. "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. 

11. "Operations" means your business activities 

occurring at the described premises.

12. "Period of restoration" means the period of 

time that: 

a. Begins immediately after the time of direct 

physical loss or damage for Business Income 

or Extra Expense coverage caused by or 

resulting from any covered Cause of Loss at 

the described premises; and 

b. Ends on the earlier of: 

(1) The date when the property at the 

described premises should be repaired, 

rebuilt or replaced with reasonable 

speed and similar quality; or 

(2) The date when business is resumed 

at a new permanent location. 

"Period of restoration" includes any increased 

period required to repair or reconstruct the 

property to comply with the minimum 

standard of, or compliance with any 

ordinance or law, in force at the time of loss, 

that regulates the construction or repair, or 

requires the tearing down of property.

The expiration date of this policy will not 

cut short the "period of restoration". 

13. "Perishable Stock" means property:

a. Maintained under controlled temperature 

or humidity conditions for preservation; and

b. Susceptible to loss or damage if the 

controlled temperature or humidity 

conditions change.

Property located on buildings, in the open or in 

vehicles is not “perishable stock.”

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

thermal irritant or contaminant, including smoke, 

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

waste. Waste includes materials to be recycled, 

reconditioned or reclaimed.

15. “Reasonable extra cost “ means the extra cost 

of temporary repair and of expediting the repair 

of such damaged equipment of the insured, 

including overtime and the extra cost of 

express or other rapid means of transportation, 

This will be a part of and not an addition to the 

limit per loss.

16. "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 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". 

17. "Specified Causes of Loss" means the following: 

Fire; lightning; explosion, windstorm or hail; 

smoke; aircraft or vehicles; riot or civil 

commotion; vandalism; leakage from fire 

extinguishing equipment; sinkhole collapse; 

volcanic action; falling objects; weight of snow, 

ice or sleet; water damage. 

a. Sinkhole collapse means the sudden 

sinking or collapse of land into 

underground empty spaces created by the 

action of water on limestone or dolomite. 

This cause of loss does not include: 

(1) The cost of filling sinkholes; or 

(2) Sinking or collapse of land into manmade underground cavities. 

b. Falling objects does not include loss of or 

damage to: 

(1) Personal property in the open; or 

(2) The interior of a building or structure, 

or property inside a building or 

structure, unless the roof or an 

outside wall of the building or 

structure is first damaged by a falling 

object. 

c. Water damage means:

(1) Accidental discharge or leakage of

water or steam as the direct result of 

the breaking apart or cracking of 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 of 

cracking of a water or sewer pipe that is 

located off the described premises and 

is part of a municipal potable water 

supply system or municipal sanitary 

sewer system, if the breakage or 

cracking is caused by wear and tear. 

But water damage does not include loss 

or damage otherwise excluded under 

the terms of the Water Exclusion. 

Therefore, for example, there is no 

coverage 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-inducted flooding, even if wear 

and tear contributed to the breakage or

cracking. As another example, and also 

in accordance with the terms of the 

Case: 1:20-cv-02692 Document #: 1-1 Filed: 05/04/20 Page 82 of 94 PageID #:95
Page 32 of 32 © Society Insurance, Inc., 2015. TBP2 (05-15)

Water Exclusion, there is no coverage

for loss or damage caused by or 

related to weather-induced flooding 

which follows or is exacerbated by 

pipe breakage or cracking attributable 

to wear and tear. To the extent that 

accidental discharge or leakage of 

water falls within the criteria set forth 

in c.(1) or c.(2) of this definition of 

“specified causes of loss”, such water 

is not subject to the provisions of the 

Water Exclusion which preclude 

coverage for surface water or water 

under the ground surface.

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. "Valuable papers and records" means 

inscribed, printed, or written: 

(a) Documents;

(b) Manuscripts; and

(c) Records;

including abstracts books, deeds, drawings,

films, maps or mortgages.

But "valuable papers and records" does not 

mean "money" or "securities". 

Case: 1:20-cv-02692 Document #: 1-1 Filed: 05/04/20 Page 83 of 94 PageID #:96
BUSINESSOWNERS

BP 15 05 05 14

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

BP 15 05 05 14 © Insurance Services Office, Inc., 2013 Page 1 of 2

EXCLUSION – ACCESS OR DISCLOSURE OF 

CONFIDENTIAL OR PERSONAL INFORMATION AND

DATA-RELATED LIABILITY – LIMITED BODILY INJURY 

EXCEPTION NOT INCLUDED

This endorsement modifies insurance provided under the following:

BUSINESSOWNERS COVERAGE FORM

A. Exclusion B.1.q. of Section II – Liability is 

replaced by the following:

This insurance does not apply to:

q. Access Or Disclosure Of Confidential Or 

Personal Information And Data-related 

Liability

(1) Damages, other than damages because 

of "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; or

(2) Damages arising out of the loss of, loss 

of use of, damage to, corruption of, 

inability to access, or inability to 

manipulate electronic data.

This exclusion applies even if damages are 

claimed for notification costs, credit 

monitoring expenses, forensic expenses, 

public relations expenses or any other loss, 

cost or expense incurred by you or others 

arising out of that which is described in 

Paragraph (1) or (2) above.

As used in this exclusion, electronic data 

means information, facts or computer 

programs stored as or on, created or used 

on, or transmitted to or from computer 

software (including systems and 

applications software), on hard or floppy 

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

processing devices or any other 

repositories of computer software which are 

used with electronically controlled 

equipment. The term computer programs,

referred to in the foregoing description of 

electronic data, means a set of related 

electronic instructions which direct the 

operations and functions of a computer or 

device connected to it, which enable the 

computer or device to receive, process, 

store, retrieve or send data.

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Page 2 of 2 © Insurance Services Office, Inc., 2013 BP 15 05 05 14

B. The following is added to Paragraph B.1.p. 

Personal And Advertising Injury Exclusion of 

Section II – Liability:

This insurance does not apply to: 

p. Personal And Advertising Injury

"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-02692 Document #: 1-1 Filed: 05/04/20 Page 85 of 94 PageID #:98
BUSINESSOWNERS

TBP-9(10-08)

TBP-9(10-08)  ISO Properties, Inc., 2001 Page 1 of 4 

BUSINESSOWNERS COMMON POLICY CONDITIONS

All coverages of 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. 5 days before the effective date of 

cancellation if any one of the following 

conditions exists at any building that is 

Covered Property in this policy. 

(1) The building has been vacant or 

unoccupied 60 or more consecutive 

days. This does not apply to: 

(a) Seasonal unoccupancy; or 

(b) Buildings in the course of 

construction, renovation or addition. 

Buildings with 65% or more of the rental 

units or floor area vacant or unoccupied 

are considered unoccupied under this 

provision. 

(2) After damage by a covered cause of 

loss, permanent repairs to the building: 

(a) Have not started, and 

(b) Have not been contracted for, 

within 30 days of initial payment of 

loss. 

(3) The building has: 

(a) An outstanding order to vacate; 

(b) An outstanding demolition order; or 

(c) Been declared unsafe by 

governmental authority. 

(4) Fixed and salvageable items have been 

or are being removed from the building 

and are not being replaced. This does 

not apply to such removal that is 

necessary or incidental to any 

renovation or remodeling. 

(5) Failure to: 

(a) Furnish necessary heat, water, 

sewer service or electricity for 30 

consecutive days or more, except 

during a period of seasonal 

unoccupancy; or 

(b) Pay property taxes that are owing 

and have been outstanding for more 

than one year following the date due, 

except that this provision will not

apply where you are in a bona fide 

dispute with the taxing authority 

regarding payment of such taxes. 

b. 10 days before the effective date of 

cancellation if we cancel for nonpayment of 

premium. 

c. 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. 

Case: 1:20-cv-02692 Document #: 1-1 Filed: 05/04/20 Page 86 of 94 PageID #:99
Page 2 of 4 Copyright, Insurance Services Office, Inc., 2000 TBP-9(10-08) 

C. Concealment, Misrepresentation Or Fraud 

This policy is void in any case of fraud by you as it 

relates to this policy 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 policy; 

2. The Covered Property; 

3. Your interest in the Covered Property; or 

4. A claim under this policy. 

D. 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. 

E. Inspections And Surveys 

1. We have to 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 and 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.

F. Insurance Under Two Or More Coverages 

If two or more of this policy's coverages apply to 

the same loss or damage, we will not pay more 

than the actual amount of the loss or damage.

G. Liberalization 

If we adopt any revision that would broaden the 

coverage under this policy without additional 

premium within 45 days prior to or during the policy 

period, the broadened coverage will immediately 

apply to this policy.

H. Other Insurance 

1. If there is other insurance covering the same 

loss or damage, we will pay only for the amount 

of covered loss or damage in excess of the 

amount due from that other insurance, whether 

you can collect on it or not. But we will not pay 

more than the applicable Limit of Insurance of 

Section I – Property.

2. Business Liability Coverage is excess over:

a. Any other insurance that insures for direct 

physical loss or damage; or

b. Any other primary insurance available to 

you covering liability for damages arising 

out of the premises or operations for which 

you have been added as an additional 

insured by attachment of an endorsement.

3. When this insurance is excess, we will have no 

duty under Business Liability Coverage to 

defend any claim or "suit" that any other insurer 

has a duty to defend. 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. 

I. Premiums 

1. The first Named Insured shown in the 

Declarations: 

a. Is responsible for the payment of all 

premiums; and 

b. Will be the payee for any return premiums 

we pay. 

2. The premium shown in the Declarations was 

computed based on rates in effect at the time 

the policy was issued. On each renewal, 

continuation or anniversary of the effective date 

of this policy, we will compute the premium in 

accordance with our rates and rules then in 

effect. 

3. With our consent, you may continue this policy 

in force by paying a continuation premium for 

each successive one-year period. The premium

must be: 

a. Paid to us prior to the anniversary date; and 

b. Determined in accordance with Paragraph 

2. above. 

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Our forms then in effect will apply. If you do not 

pay the continuation premium, this policy will 

expire on the first anniversary date that we 

have not received the premium. 

4. Undeclared exposures or change in your 

business operation, acquisition or use of 

locations may occur during the policy period 

that are not shown in the Declarations. If so, we 

may require an additional premium. That 

premium will be determined in accordance with 

our rates and rules then in effect. 

J. Premium Audit 

1. This policy is subject to audit if a premium 

designated as an advance premium is shown in 

the Declarations. We will compute the final 

premium due when we determine your actual 

exposures. 

2. Premium shown in this policy 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 premiums is the date shown as the due 

date on the bill. If the sum of the advance and 

audit premiums paid for the policy period is 

greater than the earned premium, we will return 

the excess to the first Named Insured. 

3. The first Named Insured must keep records of 

the information we need for premium 

computation, and send us copies at such times

as we may request. 

K. Transfer Of Rights Of Recovery Against Others 

To Us 

1. Applicable to Businessowners Property 

Coverage: 

If any person or organization to or for whom we 

make payment under this policy has rights to 

recover damages from another, those rights 

are transferred to us to the extent of our 

payment. That person or organization must do 

everything necessary to secure our rights and 

must do nothing after loss to impair them. But 

you may waive your rights against another party

in writing: 

a. Prior to a loss to your Covered Property. 

b. After a loss to your Covered Property only if, 

at time of loss, that party is one of the 

following: 

(1) Someone insured by this insurance; 

(2) A business firm: 

(a) Owned or controlled by you; or 

(b) That owns or controls you; or 

(3) Your tenant. 

You may also accept the usual bills of lading or 

shipping receipts limiting the liability of carriers. 

This will not restrict your insurance.

2. Applicable to Businessowners Liability 

Coverage:

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If the insured has rights to recover all or part of 

any payment we have made under this policy, 

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. This condition does not apply to Medical 

Expenses Coverage. 

L. 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. 

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BUSINESSOWNERS

BU 2101 (9-03)

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

BU 2101 (9-03) Copyright, Insurance Services Office, Inc. Page 1 of 1

EXCLUSION – ATHLETIC OR SPORTS PARTICIPANTS

This endorsement modifies insurance provided under the following:

BUSINESSOWNERS LIABILITY COVERAGE PART.

This insurance does not apply to “bodily injury” to any person while practicing for or participating in any sports or 

athletic game, event, contest or exhibition that takes place at any premises you own, lease or occupy. This 

insurance also does not apply to “bodily injury” to any person while practicing for or participating in any sports or 

athletic game, event, contest or exhibition that you sponsor, organize or participate in.

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KEEP THIS NOTICE WITH YOUR INSURANCE PAPERS

This notice is to advise you that should any complaints arise 

regarding this insurance, you may contact the following:

Society Insurance, a mutual company

PO BOX 1029

Fond du Lac Wisconsin 54936-1029

920-922-1220 or Toll Free: 1-888-576-2438

If you are not satisfied with the results you receive, Part 919 of 

the Rules of the Illinois Department of Insurance requires that 

our company advise you that, if you wish to take this matter up 

with the Illinois Department of Insurance, it maintains a 

Consumer Division at the following two addresses:

122 S Michigan Ave 320 West Washington St

19th Floor Springfield Illinois 62767

Chicago Illinois 60603

You may also contact them at the following website: 

http://insurance.illinois.gov/ or at the following phone numbers:

312-814-2420, 217-782-4515 or toll-free: 1-866-445-5364.

Notice 08/16IL

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IL N 175 11 11

IL N 175 11 11 © Insurance Services Office, Inc., 2011 Page 1 of 1

ILLINOIS NOTICE TO POLICYHOLDERS 

REGARDING THE RELIGIOUS FREEDOM 

PROTECTION AND CIVIL UNION ACT

Dear Policyholder:

This is to provide notice that, pursuant to Illinois Department of Insurance Company Bulletin 2011-06 (CB 2011-

06), this policy is in compliance with the Illinois Religious Freedom Protection and Civil Union Act ("the Act", 750 

ILL. COMP. STAT. 75/1). The Act, which became effective on June 1, 2011, creates a legal relationship between 

two persons of either the same or opposite sex who establish a civil union. 

The Act provides that parties to a civil union are entitled to the same legal obligations, responsibilities, protections 

and benefits that are afforded or recognized by the law of Illinois to spouses, whether they are derived from 

statute, administrative rule, policy, common law or any source of civil or criminal law. In addition, this law requires 

recognition of a same-sex civil union, marriage, or other substantially similar legal relationship, except for 

common law marriage, legally entered into in other jurisdictions. The Act further provides that "party to a civil 

union" shall be included in any definition or use of the terms "spouse", "family", "immediate family", "dependent", 

"next of kin" and other terms descriptive of spousal relationships as those terms are used throughout the law. 

According to CB 2011-06, this includes the terms "marriage" or "married" or any variations thereof. CB 2011-06 

also states that if policies of insurance provide coverage for children, the children of civil unions must also be 

provided coverage. 

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