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Case: 1:20-cv-04636 Document #: 9-1 Filed: 10/09/20 Page 1 of 327 PageID #:46
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12-12-2018

ETD 051 52 30 12-12-2021

THE BEND HOTEL DEVELOPMENT COMPANY LLC

12-12-2019

DAVENPORT, IA

ARTHUR J. GALLAGHER RISK MANAGEMENT SERVICES, INC. 14-001

DIRECT BILL

EAST MOLINE, IL 61244-5501

111 BEND BLVD

LIMITED LIABILITY COMPANY

ETD 051 52 30 / ETA 051 52 30

12-12-2018

ATTN: RAY STODDARD

ETA 051 52 30

FORMS APPLICABLE TO ALL COVERAGE PARTS: (show numbers)

IL0017 11/98 COMMON POLICY CONDITIONS

IA102A 09/08 SUMMARY OF PREMIUMS CHARGED

IA904 04/04 SCHEDULE OF LOCATIONS

IA4236 01/15 POLICYHOLDER NOTICE TERRORISM INSURANCE COVERAGE

NOTICE TO POLICYHOLDERS - ILLINOIS RELIGIOUS FREEDOM PROTECTION 

AND CIVIL UNION ACT

IA4399IL 07/11

IA4433IL 03/17 IMPORTANT POLICYHOLDERS NOTICE - ILLINOIS

IP409IL 01/91 IMPORTANT INFORMATION TO POLICYHOLDERS ILLINOIS

IP446 08/01 NOTICE TO POLICYHOLDERS

IA4156IL 01/18 ILLINOIS CHANGES - CANCELLATION AND NONRENEWAL

IA4210IL 01/18 ILLINOIS CHANGES - CANCELLATION AND NONRENEWAL

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

IA4338 05/11 SIGNATURE ENDORSEMENT

IA4382IL 07/17 ILLINOIS CHANGES

IA4395IL 04/17 ILLINOIS CHANGES - CIVIL UNION

FM502 07/08 COMMERCIAL PROPERTY COVERAGE PART DECLARATIONS

AA505 03/06 BUSINESS AUTO COVERAGE PART DECLARATIONS

IA 528 12 11 Page of

ETD 051 52 30 / ETA 051 52 30

 1 2

CIC0001

Case: 1:20-cv-04636 Document #: 9-1 Filed: 10/09/20 Page 2 of 327 PageID #:47
FORMS APPLICABLE TO ALL COVERAGE PARTS: (show numbers)

XSC504 05/10 EXCESS LIABILITY COVERAGE PART DECLARATIONS

HC502 01/18 CINCINNATI DATA DEFENDERTM COVERAGE PART DECLARATIONS

HC503 01/18 CINCINNATI NETWORK DEFENDERTM COVERAGE PART DECLARATIONS

(Date) (Authorized Repr

Countersigned By

esentative)

01-02-2019 12:12

IA 528 12 11 Page of

ETD 051 52 30 / ETA 051 52 30

 2 2

CIC0002

Case: 1:20-cv-04636 Document #: 9-1 Filed: 10/09/20 Page 3 of 327 PageID #:48
IL 00 17 11 98 Copyright, Insurance Services Office, Inc., 1998

COMMON POLICY CONDITIONS

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

A. Cancellation

1. The first Named Insured shown in the 

Declarations may cancel this policy by

mailing or delivering to us advance written

notice of cancellation.

2. We may cancel this policy by mailing or 

delivering to the first Named Insured written notice of cancellation at least:

a. 10 days before the effective date of

cancellation if we cancel for nonpay- ment of premium; or

b. 30 days before the effective date of

cancellation if we cancel for any other 

reason.

3. We will mail or deliver our notice to the 

first Named Insured's last mailing address

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

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

first Named Insured any premium refund 

due. If we cancel, the refund will be pro 

rata. If the first Named Insured cancels, 

the refund may be less than pro rata. The 

cancellation will be effective even if we 

have not made or offered a refund.

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

sufficient proof of notice.

B. Changes

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

Declarations is authorized to make changes in

the terms of this policy with our consent. This

policy's terms can be amended or waived only 

by endorsement issued by us and made a part

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

We may examine and audit your books and

records as they relate to this policy at any time

during the policy period and up to three years

afterward.

D. Inspections and Surveys

1. We have the right to:

a. Make inspections and surveys at any 

time;

b. Give you reports on the conditions we 

find; and

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

premiums to be charged. We do not 

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

or organization to provide for the health or 

safety of workers or the public. And we 

do not warrant that conditions:

a. Are safe or healthful; or

b. Comply with laws, regulations, codes

or standards.

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

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

apply to any inspections, surveys, reports

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

boilers, pressure vessels or elevators. E. Premiums

The first Named Insured shown in the Declarations:

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

2. Will be the payee for any return premiums

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

this Policy

Your rights and duties under this policy may 

not be transferred without our written consent 

except in the case of death of an individual

named insured.

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

while acting within the scope of duties as your

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

rights and duties but only with respect to that

property.

CIC0003

Case: 1:20-cv-04636 Document #: 9-1 Filed: 10/09/20 Page 4 of 327 PageID #:49
ALL OTHER TERMS AND CONDITIONS REMAIN UNCHANGED

IA 102 A 09 08

SUMMARY OF PREMIUMS CHARGED

Attached to and forming part of

POLICY NUMBER: Effective Date:

Named Insured:

THIS POLICY CONSISTS OF THE FOLLOWING COVERAGE

PARTS FOR WHICH A PREMIUM CHARGE IS INDICATED

Commercial Property Coverage Part $

Commercial General Liability Coverage Part $

Commercial Auto Coverage Part $

Commercial Umbrella / Excess Liability Coverage Part $

$

$

$

$

$

$

$

$

$

$

$

$

$

$

$

$

$

$

$

Terrorism Coverage $

Installment Charge $

$

PAYMENTS

First Remaining

Installment Installment(s)

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

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

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

Declarations form to see if this is applicable.

ETD 051 52 30 / ETA 051 52 30 12-12-2018

THE BEND HOTEL DEVELOPMENT COMPANY LLC

W/EBC 23,326

2,794

2,500

DATA DEFENDER COVERAGE PART 143

NETWORK DEFENDER COVERAGE PART 187

196

ANNUAL TOTAL 29,146

ANNUAL * *

*SEE BILLING STATEMENT MAILED SEPARATELY

CIC0004

Case: 1:20-cv-04636 Document #: 9-1 Filed: 10/09/20 Page 5 of 327 PageID #:50
IA 904 04 04

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

SCHEDULE OF LOCATIONS

LOC. STREET ADDRESS CITY STATE ZIP CODE

1 111 BEND BOULEVARD

EAST MOLINE, IL 61244

CIC0005

Case: 1:20-cv-04636 Document #: 9-1 Filed: 10/09/20 Page 6 of 327 PageID #:51
IA 4236 01 15

POLICYHOLDER NOTICE

TERRORISM INSURANCE COVERAGE

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

DISCLOSURE REQUIREMENTS OF THE TERRORISM RISK INSURANCE ACT. THIS ENDORSEMENT

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

UNDER THE POLICY.

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

Premium:

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

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

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

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

Federal Participation:

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

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

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

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

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

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

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

losses that exceeds $100 billion.

• Schedule:

Federal Share of Terrorism Losses

Percentage Calendar Year

85% 2015

84% 2016

83% 2017

82% 2018

81% 2019

80% 2020

Cap on Insurer Participation:

If aggregate insured losses attributable to terrorist acts certified under the Terrorism Risk Insurance Act exceed

$100 billion in a calendar year and we have met our insurer deductible under the Terrorism Risk Insurance Act, we shall not be liable for the payment of any portion of the amount of such losses that exceeds $100 billion, and in such case insured losses up to that amount are subject to pro rata allocation in accordance with 

procedures established by the Secretary of the Treasury.

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

REQUIREMENTS UNDER THE TERRORISM RISK INSURANCE ACT FOR POLICYHOLDER 

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

TIME THE RENEWAL IS COMPLETED.

CIC0006

Case: 1:20-cv-04636 Document #: 9-1 Filed: 10/09/20 Page 7 of 327 PageID #:52
IA 4399 IL 07 11

NOTICE TO POLICY HOLDERS

ILLINOIS RELIGIOUS FREEDOM PROTECTION AND CIVIL

UNION ACT

This is a notice of a change in your policy. NO COVERAGE IS PROVIDED BY THIS NOTICE nor can it be 

construed to replace any provisions of your policy. YOU SHOULD READ YOUR POLICY AND REVIEW

YOUR DECLARATIONS PAGE for complete information on the coverage you are provided. If there is any 

conflict between the policy and this notice, THE PROVISIONS OF THE POLICY SHALL PREVAIL.

As of June 1, 2011, the Illinois Religious Freedom Protection and Civil Union Act (Civil Union Act) allows

opposite- and same-sex couples to enter into a civil union. The Civil Union Act defines a "civil union" as a legal relationship between two persons, either of the same or 

opposite sex. Further, a "party to a civil union" means and shall be included in any definition or use of the

terms spouse, family, immediate family, dependent, next of kin, and other terms that denote the spousal 

relationship. Under the Civil Union Act, a person in a civil union is entitled to the same legal obligations, responsibilities, protections and benefits as are afforded or recognized by Illinois law to spouses whether they derive from 

statute, administrative rule, policy, common law or any other source of civil law.

For purposes of insurance laws, policies, eligibility and benefits governed by Illinois law, all spouses are

treated identically.

CIC0007

Case: 1:20-cv-04636 Document #: 9-1 Filed: 10/09/20 Page 8 of 327 PageID #:53
IA 4433 IL 03 17

IMPORTANT POLICYHOLDERS NOTICE - ILLINOIS

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

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

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

320 West Washington Street, Springfield, Illinois 62767,

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

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

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

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

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

CIC0008

Case: 1:20-cv-04636 Document #: 9-1 Filed: 10/09/20 Page 9 of 327 PageID #:54
IP 409IL (1/91)

IMPORTANT INFORMATION TO POLICYHOLDERS

ILLINOIS

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

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

The Cincinnati Insurance Company

P.O. Box 145496

Cincinnati, Ohio 45250-5496

Telephone (513) 870-2278

The Cincinnati Casualty Company

P.O. Box 145496

Cincinnati, Ohio 45250-5496

Telephone (513) 870-2278

The Cincinnati Indemnity Company

P.O. Box 145496

Cincinnati, Ohio 45250-5496

Telephone (513) 870-2278

CIC0009

Case: 1:20-cv-04636 Document #: 9-1 Filed: 10/09/20 Page 10 of 327 PageID #:55
IP 446 08 01

THE CINCINNATI INSURANCE COMPANY

THE CINCINNATI CASUALTY COMPANY

THE CINCINNATI INDEMNITY COMPANY

NOTICE TO POLICYHOLDERS

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

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

shared among all three.

CIC0010

Case: 1:20-cv-04636 Document #: 9-1 Filed: 10/09/20 Page 11 of 327 PageID #:56
Includes copyrighted material of Insurance

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

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

ILLINOIS CHANGES - CANCELLATION AND NONRENEWAL

This endorsement modifies insurance provided under the following:

COMMERCIAL PROPERTY COVERAGE PART

FARM COVERAGE PART

A. The Cancellation Common Policy Condition is

deleted in its entirety and replaced by the following:

CANCELLATION

1. The first Named Insured shown in the 

Declarations may cancel this policy by

mailing to us advance written notice of 

cancellation.

2. If this policy has been in effect for 60 days

or less, except as provided in Paragraphs

8. and 9. below, we may cancel this policy

by mailing written notice of cancellation at 

least:

a. 10 days before the effective date of

cancellation if we cancel for nonpay- ment of premium; or

b. 30 days before the effective date of 

cancellation if we cancel for any other 

reason.

3. If this policy has been in effect for more 

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

this policy only for one or more of the following reasons:

a. Nonpayment of premium;

b. The policy was obtained through a 

material misrepresentation;

c. You have violated any of the terms

and conditions of the policy;

d. The risk originally accepted has

measurably increased;

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

insurer which provided coverage to 

us for all or a substantial part of the 

underlying risk insured; or

f. A determination by the Director that 

the continuation of the policy could 

place us in violation of the insurance 

laws of this State.

If we cancel this policy based on one or 

more of the above reasons except for 

nonpayment of premium, we will mail written notice at least 60 days before the effective date of cancellation. When cancellation is for nonpayment of premium, we 

will mail written notice at least 10 days before the effective date of cancellation. 4. We will mail our notice to you at your last 

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

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

if known. Proof of mailing will be sufficient 

proof of notice.

5. Notice of cancellation will state the effective date of cancellation. The policy period

will end on that date.

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

first Named Insured any premium refund

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

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

reason for cancellation. 8. Real Property Other Than Residential 

Properties Occupied by 4 Families or 

Less

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

property occupied by 4 families or less:

If any one or more of the following conditions exists at any building that is Covered 

Property in this policy, we may cancel this

policy by mailing to you written notice of 

cancellation if:

a. After a fire loss, permanent repairs to 

the building have not started within 

60 days of satisfactory adjustment of

loss, unless the delay is due to a labor dispute or weather conditions. b. The building has been unoccupied 60 

or more consecutive days. This does

not apply to:

(1) Seasonal unoccupancy; or

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

CIC0011

Case: 1:20-cv-04636 Document #: 9-1 Filed: 10/09/20 Page 12 of 327 PageID #:57
Includes copyrighted material of Insurance

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

secured against unauthorized

entry. c. The building has:

(1) An outstanding order to vacate;

(2) An outstanding demolition order; 

or

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

d. Heat, water, sewer service or public

lighting have not been connected to 

the building for 30 consecutive days

or more. The policy will terminate 10 days following

receipt of the written notice by the named 

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

Families or Less

The following applies if this policy covers 

residential properties occupied by 4 families or less:

If this policy has been in effect for 60 

days, or if this is a renewal policy, we may

only cancel this policy for one or more of 

the following reasons:

a. Nonpayment of premium;

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

c. Any act that measurably increases

the risk originally accepted.

If we cancel this policy based on one or 

more of the above reasons except for 

nonpayment of premium, we will mail written notice at least 30 days before the effective date of cancellation. When cancellation is for nonpayment of premium, we 

will mail written notice at least 10 days before the effective date of cancellation. 10. For insurance provided under the Commercial Property Coverage Part, the following applies:

GRAIN IN PUBLIC GRAIN WAREHOUSES

(Not applicable to grain owned by the 

Commodity Credit Corporation)

The following applies only with respect to 

grain in public grain warehouses:

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

a. The other; and

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

Office);

60 days' written notice of cancellation. B. The following is added and supersedes any

provision to the contrary:

NONRENEWAL

1. If we decide not to renew or continue this

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

known, or your agent of record, if known 

and any mortgagee or lienholder listed on

the policy written notice, stating the reason for nonrenewal, at least 60 days before the end of the policy period. If we offer to renew or continue and you do not 

accept, this policy will terminate at the end 

of the current policy period. Failure to pay

the required renewal or continuation premium when due shall mean that you have

not accepted our offer.

Proof of mailing will be sufficient proof of 

notice.

If we fail to mail proper written notice of 

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

date of that insurance. 2. The following provision applies only if this

policy covers residential properties occupied by 4 families or less:

a. If this policy has been issued to you 

and in effect with us for 5 or more 

years, we may not fail to renew this

policy unless:

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

(2) The risk originally accepted has

measurably increased; or

(3) You received 60 days' notice of

our intent not to renew as provided in 1. above. b. If this policy has been issued to you 

and in effect with us for less than 5 

years, we may not fail to renew this

policy unless you received 30 days’ 

notice as provided in 1. above.

CIC0012

Case: 1:20-cv-04636 Document #: 9-1 Filed: 10/09/20 Page 13 of 327 PageID #:58
Includes copyrighted material of Insurance

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

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

ILLINOIS CHANGES - CANCELLATION AND 

NONRENEWAL

This endorsement modifies insurance provided under the following:

CHEMICAL DRIFT LIMITED LIABILITY COVERAGE FORM - CLAIMS-MADE

CINCINNATI CYBER DEFENSETM COVERAGE PART

CINCINNATI DATA DEFENDERTM COVERAGE PART

CINCINNATI NETWORK DEFENDERTM COVERAGE PART

CLAIMS-MADE EXCESS LIABILITY COVERAGE FORM

COMMERCIAL GENERAL LIABILITY COVERAGE PART

COMMERCIAL UMBRELLA LIABILITY COVERAGE PART

CONTRACTOR'S ERRORS AND OMISSIONS COVERAGE FORM CLAIMS-MADE

EMPLOYEE BENEFIT LIABILITY COVERAGE FORM

EMPLOYMENT PRACTICES LIABILITY COVERAGE PART

EXCESS LIABILITY COVERAGE FORM

EXCESS WORKERS COMPENSATION AND EMPLOYERS LIABILITY COVERAGE FORM

HOLE-IN-ONE COVERAGE FORM

ILLINOIS CONTRACTORS' LIMITED WORKSITE POLLUTION LIABILITY COVERAGE FORM

LIQUOR LIABILITY COVERAGE PART

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

POLLUTION LIABILITY COVERAGE PART

PRODUCT WITHDRAWAL COVERAGE FORM

PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART

PROFESSIONAL LIABILITY COVERAGE PART

PROFESSIONAL UMBRELLA LIABILITY COVERAGE PART

PROFESSIONAL UMBRELLA LIABILITY COVERAGE PART - CLAIMS-MADE

SEPTIC SYSTEMS DESIGN INSPECTION ERRORS AND OMISSIONS COVERAGE PART

A. Cancellation (Common Policy Conditions) is

deleted in its entirety and replaced by the following:

CANCELLATION

1. The first Named Insured shown in the 

Declarations may cancel this policy by

mailing to us advance written notice of 

cancellation.

2. We may cancel this policy by mailing to 

you, at your last mailing address known to 

us, written notice stating the reason for 

cancellation. Proof of mailing will be sufficient proof of notice. If we cancel:

a. For nonpayment of premium, we will 

mail the notice at least 10 days prior 

to the effective date of cancellation.

b. For a reason other than nonpayment 

of premium, we will mail the notice at 

least:

(1) 30 days prior to the effective

date of cancellation if the policy 

has been in effect for 60 days or 

less.

(2) 60 days prior to the effective

date of cancellation if the policy 

has been in effect for more than

60 days. 3. If this policy has been in effect for more 

than 60 days, we may cancel only for one 

or more of the following reasons:

a. Nonpayment of premium;

b. The policy was obtained through a

material misrepresentation;

c. Any insured has violated any of the 

terms and conditions of the policy;

d. The risk originally accepted has

measurably increased;

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

insurer that provided coverage to us

for all or a substantial part of the underlying risk insured; or

f. A determination by the Director of Insurance that the continuation of the 

policy could place us in violation of

the insurance laws of this State.

CIC0013

Case: 1:20-cv-04636 Document #: 9-1 Filed: 10/09/20 Page 14 of 327 PageID #:59
Includes copyrighted material of Insurance

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

4. Notification of cancellation will also be 

sent to your broker, if known, or agent of 

record, if known.

5. Notice of cancellation will state the effective date of cancellation. The policy period

will end on that date.

6. If this policy is cancelled we will send the

first Named Insured any premium refund 

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

not offered a refund.

B. The following is added and supersedes any

provision to the contrary:

1. NONRENEWAL

a. If we decide not to renew or continue 

this policy, we will mail you, at your 

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

the nonrenewal, at least:

(1) 60 days before the end of the

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

(2) 30 days before the end of the

policy period for all commercial 

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

nonrenewal shall not become effective until at least 30 days from 

the proof of mailing date of the

notice to you.

b. Proof of mailing will be sufficient 

proof of notice.

c. Notification of nonrenewal will also be 

sent to your broker, if known, or 

agent of record, if known.

d. If we offer to renew or continue and 

you do not accept, this policy will terminate at the end of the current policy

period. Failure to pay the required renewal or continuation premium when 

due shall mean that you have not accepted our offer.

e. If we fail to mail proper written notice

of nonrenewal and you obtain other 

insurance, this policy will end on the 

effective date of that insurance. For the purposes of Paragraph a.(2), commercial excess and umbrella liability

policies are defined in 215 ILL. COMP. 

STAT. 143.13.(h) as follows:

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

one or more underlying policies for an insured:

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

policy is written and procures the 

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

health, and annuity contracts ,as

described in clauses (a) and (b) 

of Class 1 of Section 4 and

clause (a) of Class 2 of Section

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

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

insurance on all risks is at least 

$50,000.

CIC0014

Case: 1:20-cv-04636 Document #: 9-1 Filed: 10/09/20 Page 15 of 327 PageID #:60
Includes copyrighted material of ISO

Properties, Inc. and American Association

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

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

CAP ON LOSSES FROM CERTIFIED ACTS OF TERRORISM

This endorsement modifies insurance provided under the following:

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

federal Terrorism Risk Insurance Act and any amendments and extensions thereto

A. The following definition is added with respect 

to the provisions of this endorsement:

"Certified act of terrorism" means an act that is 

certified by the Secretary of the Treasury, in 

accordance with the provisions of the federal 

Terrorism Risk Insurance Act, to be an act of 

terrorism pursuant to the federal Terrorism 

Risk Insurance Act. The criteria contained in 

the Terrorism Risk Insurance Act for a "certified act of terrorism" include the following:

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

the Terrorism Risk Insurance Act; and

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

dangerous to human life, property or infrastructure and is committed by an individual or individuals, as part of an effort to 

coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States

Government by coercion.

B. Cap On Losses from Certified Acts of Terrorism

If aggregate insured losses attributable to terrorist acts certified under the Terrorism Risk

Insurance Act exceed $100 billion in a calendar year and we have met our insurer deductible under the Terrorism Risk Insurance Act, 

we shall not be liable for the payment of any

portion of the amount of such losses that exceeds $100 billion, and in such case insured 

losses up to that amount are subject to pro rata allocation in accordance with procedures

established by the Secretary of the Treasury.

C. Application of Other Exclusions

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

to create coverage for any loss which would 

otherwise be excluded under this Coverage 

Part, Coverage Form, Policy or Endorsement 

such as losses excluded by:

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

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

or

3. Any other exclusion,

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

the loss. D. Sunset Clause

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

null and void for any act of terrorism that takes 

place after the expiration or repeal of the Act.

CIC0015

Case: 1:20-cv-04636 Document #: 9-1 Filed: 10/09/20 Page 16 of 327 PageID #:61
IA 4338 05 11

SIGNATURE ENDORSEMENT

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

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

Secretary President

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

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

CIC0016

Case: 1:20-cv-04636 Document #: 9-1 Filed: 10/09/20 Page 17 of 327 PageID #:62
Includes copyrighted material of Insurance

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

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

ILLINOIS CHANGES

This endorsement modifies insurance provided under the following:

COMMERCIAL PROPERTY COVERAGE PART

FARM COVERAGE PART

STANDARD PROPERTY POLICY

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

B. The following is added to the Legal Action 

Against Us Condition:

The 2 year period for legal action against us is

extended by the number of days between the 

date the proof of loss is filed with us and the 

date we deny the claim in whole or in part. C. If this policy covers:

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

a. Real property used principally for residential purposes up to and including 

a four family dwelling; or

b. Household or personal property that 

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

2. The second paragraph of the Appraisal

Condition is deleted and replaced by the 

following:

a. Each party will pay its own appraiser 

and bear the other expenses of the 

appraisal and umpire equally, except 

as provided in b. below.

b. We will pay your appraiser's fee and

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

(1) You demanded the appraisal; 

and

(2) The full amount of loss, as set by 

your appraiser, is agreed to by 

our appraiser or by the umpire.

3. The Concealment, Misrepresentation 

or Fraud Condition is replaced by the following:

CONCEALMENT, MISREPRESENTA- TION OR FRAUD

a. This Coverage Part or Coverage 

Form is void if you or any insured 

("insured") commit fraud or conceal 

or misrepresent a fact in the process

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

or misrepresentation is stated in the 

policy or endorsement or in the written application for this policy and:

(1) Was made with actual intent to

deceive; or

(2) Materially affected either our decision to provide this insurance

or the hazard we assumed.

However, this condition will not serve 

as a reason to void this Coverage 

Part or Coverage Form after the 

Coverage Part or Coverage Form 

has been in effect for one year or one 

policy term, whichever is less.

b. We do not provide coverage under 

this Coverage Part or Coverage Form

to you or any other insured ("insured") who, at any time subsequent 

to the issuance of this insurance, commit fraud or intentionally conceal

or misrepresent a material fact relating to:

(1) This Coverage Part or Coverage

Form;

(2) The Covered Property;

(3) Your interest in the Covered

Property; or

(4) A claim under this Coverage Part 

or Coverage Form. c. Notwithstanding the limitations stated 

in 3.a. above, we may cancel the 

Coverage Part or Coverage Form in 

CIC0017

Case: 1:20-cv-04636 Document #: 9-1 Filed: 10/09/20 Page 18 of 327 PageID #:63
Includes copyrighted material of Insurance

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

accordance with the terms of the 

Cancellation Condition. D. For the Commercial Property Coverage Part 

and the Standard Property Policy, the following

exclusion and related provisions are added to 

Paragraph B.2. Exclusions in the Causes of 

Loss Forms and to any Coverage Form or policy to which a Causes of Loss Form is not attached:

1. We will not pay for loss or damage arising 

out of any act an insured commits or conspires to commit with the intent to cause a 

loss.

In the event of such loss, no insured is entitled to coverage, even insureds who did

not commit or conspire to commit the act 

causing the loss. 2. However, this exclusion will not apply to 

deny payment to an innocent co-insured 

who did not cooperate in or contribute to 

the creation of the loss if:

a. The loss arose out of a pattern of 

criminal domestic violence; and

b. The perpetrator of the loss is criminally prosecuted for the act causing 

the loss. 3. If we pay a claim pursuant to Paragraph 

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

to that insured's insurable interest in the 

property less any payments we first made 

to a mortgagee or other party with a legal 

secured interest in the property. In no 

event will we pay more than the Limit of 

Insurance. E. The Intentional Loss Exclusion in the Causes of Loss Form - Farm Property, Mobile Agricultural Machinery And Equipment Coverage 

Form and Livestock Coverage Form is replaced by the following:

1. We will not pay for loss ("loss") or damage arising out of any act an "insured" commits or conspires to commit with the 

intent to cause a loss ("loss").

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

commit the act causing the loss ("loss").

2. However, this exclusion will not apply to 

deny payment to an innocent co-"insured" who did not cooperate in or contribute to 

the creation of the loss ("loss") if:

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

and

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

criminally prosecuted for the act 

causing the loss. 3. If we pay a claim pursuant to Paragraph 

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

the property less any payments we first 

made to a mortgagee or other party with a 

legal secured interest in the property. In 

no event will we pay more than the Limit 

of Insurance.

CIC0018

Case: 1:20-cv-04636 Document #: 9-1 Filed: 10/09/20 Page 19 of 327 PageID #:64
Includes copyrighted material of Insurance

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

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

ILLINOIS CHANGES - CIVIL UNION

This endorsement modifies insurance provided under the following:

CHEMICAL DRIFT LIMITED LIABILITY COVERAGE FORM

COMMERCIAL AUTOMOBILE COVERAGE PART

COMMERCIAL PROPERTY COVERAGE PART

COMMERCIAL GENERAL LIABILITY COVERAGE PART

COMMERCIAL UMBRELLA LIABILITY COVERAGE PART

CONTRACTOR'S ERRORS AND OMISSIONS COVERAGE FORM CLAIMS-MADE

EMPLOYEE BENEFIT LIABILITY COVERAGE FORM

EMPLOYMENT PRACTICES LIABILITY COVERAGE PART

EXCESS LIABILITY COVERAGE FORM

EXCESS WORKERS COMPENSATION AND EMPLOYERS LIABILITY COVERAGE FORM

HOLE-IN-ONE COVERAGE FORM

ILLINOIS CONTRACTORS' LIMITED WORKSITE POLLUTION LIABILITY COVERAGE FORM

FARM COVERAGE PART

LIQUOR LIABILITY COVERAGE PART

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

OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART

POLLUTION LIABILITY COVERAGE PART

PRODUCT WITHDRAWAL COVERAGE PART

PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART

PROFESSIONAL LIABILITY COVERAGE PART

PROFESSIONAL UMBRELLA LIABILITY COVERAGE PART

PROFESSIONAL UMBRELLA LIABILITY COVERAGE PART - CLAIMS-MADE

SEPTIC SYSTEMS DESIGN INSPECTION ERRORS AND OMISSIONS COVERAGE PART

UNDERGROUND STORAGE TANK POLICY

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

Spouse or party to a civil union recognized under Illinois law. 

B. Under the Commercial Auto Coverage Part, the 

term "family member" is replaced by the following:

"Family member" means a person related to 

the:

1. Individual Named Insured by blood, adoption, marriage or civil union recognized under Illinois law, who is a resident of such 

Named Insured's household, including a

ward or foster child; or

2. Individual named in the Schedule by blood, 

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

the individual's household, including a ward 

or foster child, if the Drive Other Car Coverage - Broadened Coverage For Named

Individual Endorsement is attached.

C. With respect to coverage for the ownership, maintenance, or use of "covered autos" provided under the Commercial Liability Umbrella 

Coverage Part, the term "family member" is replaced by the following:

"Family member" means a person related to 

you by blood, adoption, marriage or civil union 

recognized under Illinois law, who is a resident

of your household, including a ward or foster 

child.

CIC0019

Case: 1:20-cv-04636 Document #: 9-1 Filed: 10/09/20 Page 20 of 327 PageID #:65
THE CINCINNATI INSURANCE COMPANY

A Stock Insurance Company

COMMERCIAL PROPERTY COVERAGE PART DECLARATIONS

Attached to and forming part of POLICY NUMBER:

Named Insured is the same as it appears on the Common Policy Declarations unless otherwise stated here. ETD 051 52 30

Loc. (address)

PER STATEMENT OF VALUES ON FILE

REFER TO IA904

COVERAGE PROVIDED

OPTIONAL COVERAGES

Applicable only when an entry is made

Item Coverage Limits

Coin- suranceCovered

Cause Of

Loss

Business

Income

Indemnity

Inflation Guard

(%)

Replace- ment Cost 

(x)

Replace- ment Cost 

Incl. Stock

(x)

Agreed Value 

(x)

Monthly Limit

(fraction)

Maximum Period 

(X)

Extended Period 

(Days)

1-1 BUILDING 28,000,000 80% SPECIAL X X

EQ

SEE FA104 FLOOD

1-1 BUSINESS PERSONAL 5,300,000 80% SPECIAL X X

PROPERTY EQ

SEE FA104 FLOOD

1-1 BUSINESS INCOME 4,000,000 80% SPECIAL X 180

W/EXTRA EXPENSE (b) EQ

SEE FA104 FLOOD

DEDUCTIBLE: $500.00 unless otherwise stated $ 25,000

EARTHQUAKE DEDUCTIBLE: 5%

FLOOD DEDUCTIBLE: 25,000

MORTGAGE HOLDER 

Item Name and Address

FORMS AND / OR ENDORSEMENTS APPLICABLE TO THIS COVERAGE PART:

CP1515 06/95 BUSINESS INCOME REPORT/WORK SHEET

BUILDING AND PERSONAL PROPERTY COVERAGE FORM (INCLUDING SPECIAL CAUSES 

OF LOSS)

FM101 05/16

FA104S 05/15 FLOOD COVERAGE SUPPLEMENTAL SCHEDULE

FA104 05/16 FLOOD COVERAGE ENDORSEMENT

FA268 05/16 HOTEL COMMERCIAL PROPERTY ENDORSEMENT

FA283IL 05/16 CRISIS EVENT EXPENSE COVERAGE ENDORSEMENT - ILLINOIS

FA286 05/16 THE BRIDGE ENDORSEMENT

FA4028IL 07/17 ILLINOIS CHANGES

FA450 05/16 COMMERCIAL PROPERTY CONDITIONS

FA458 04/04 BUSINESS INCOME CHANGES - WAITING PERIOD

IP425 08/04 ILLINOIS MINE SUBSIDENCE WAIVER FORM WAIVER OF INSURANCE

WATER BACKUP DISCHARGED FROM SEWERS, DRAINS, SEPTIC OR SUMP PUMP 

SYSTEMS ENDORSEMENT

FA223 05/16

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

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

FA240 05/16 EARTHQUAKE AND VOLCANIC ERUPTION ENDORSEMENT

FM 502 07 08 ETD 051 52 30 Page 1 of 1

CIC0020

Case: 1:20-cv-04636 Document #: 9-1 Filed: 10/09/20 Page 21 of 327 PageID #:66
Includes copyrighted material of Insurance

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

BUILDING AND PERSONAL PROPERTY COVERAGE FORM

(INCLUDING SPECIAL CAUSES OF LOSS)

TABLE OF CONTENTS

Begins on Page

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

CIC0021

Case: 1:20-cv-04636 Document #: 9-1 Filed: 10/09/20 Page 22 of 327 PageID #:67
Includes copyrighted material of Insurance

FM 101 05 16 Services Office, Inc., with its permission. Page 2 of 40

TABLE OF CONTENTS (CONT'D)

Begins on Page

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

CIC0022

Case: 1:20-cv-04636 Document #: 9-1 Filed: 10/09/20 Page 23 of 327 PageID #:68
Includes copyrighted material of Insurance

FM 101 05 16 Services Office, Inc., with its permission. Page 3 of 40

BUILDING AND PERSONAL PROPERTY COVERAGE FORM

(INCLUDING SPECIAL CAUSES OF LOSS)

Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights, duties and what is and is not covered. Throughout this policy the words "you" and "your"

refer to the Named Insured shown in the Declarations. The words "we", "us" and "our" refer to the 

Company providing this insurance. Other words and phrases that appear in quotation

marks have special meaning. Refer to SECTION 

G. DEFINITIONS.

SECTION A. COVERAGE

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

the "premises" caused by or resulting from any

Covered Cause of Loss. 1. Covered Property

Covered Property, as used in this Coverage 

Part, means the following types of property for 

which a Limit of Insurance is shown in the 

Declarations:

a. Building

Building, means the building or structure 

described in the Declarations, including:

(1) Completed additions;

(2) Fixtures, including outdoor fixtures;

(3) Permanently installed:

(a) Machinery and equipment;

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

(c) Signs attached to a building or 

structure that is Covered Property;

(d) Awnings and canopies;

(4) Personal property owned by you that

is used to maintain or service a covered building or its "premises", including:

(a) Fire extinguishing equipment;

(b) Outdoor furniture;

(c) Floor coverings; and 

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

(5) If not covered by other insurance:

(a) Additions under construction, alterations and repairs to a covered building;

(b) Materials, equipment, supplies

and temporary structures, on or

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

alterations or repairs to a covered building.

b. Outdoor Signs

Your outdoor signs permanently installed

and not attached to a covered building, 

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

Your outdoor fences. d. Business Personal Property

Your Business Personal Property consists 

of the following property located in or on

the building or structure described in the

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

feet of the building or 1,000 feet of the

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

of the following unless otherwise specified

in the Declarations or on the BUSINESS 

PERSONAL PROPERTY - SEPARA- TION OF COVERAGE ENDORSEMENT.

(1) Furniture;

(2) Machinery and equipment;

(3) "Stock";

(4) All other personal property owned by 

you and used in your business;

(5) The cost of labor, materials or services furnished or arranged by you 

on personal property of others;

(6) Your use interest as tenant in improvements and betterments. Improvements and betterments are fixtures, alterations, installations or additions:

(a) Made a part of the building or 

structure you occupy but do not

own; and

(b) You acquired or made at your 

expense but cannot legally remove;

CIC0023

Case: 1:20-cv-04636 Document #: 9-1 Filed: 10/09/20 Page 24 of 327 PageID #:69
Includes copyrighted material of Insurance

FM 101 05 16 Services Office, Inc., with its permission. Page 4 of 40

(7) Leased personal property used in 

your business for which you have a

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

your care, custody or control;

(8) Personal Property of Others that is in 

your care, custody or control or for 

which you are legally liable.

(a) This does not include personal

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

limited liability company, your

members or your managers, or 

your employees (including

leased and temporary workers), 

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

(b) This does not include property of

others for which you are legally

liable as:

1) A carrier for hire; or

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

freight forwarders, or shipping associations; and

(9) Sales samples.

2. Property Not Covered

Covered Property does not include:

a. Accounts, Deeds, Money or Securities

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

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

b. Animals

Animals, unless

(1) Owned by others and boarded by 

you; or

(2) Owned by you and covered as

"stock" while inside of buildings;

and then only as provided in 3. Covered

Causes of Loss, c. Limitations. c. Automobiles

Automobiles held for sale;

d. Contraband

Contraband, or property in the course of

illegal transportation or trade;

e. Electronic Data

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

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

conditioning or security system.

f. Excavations, Grading & Backfilling

The cost of excavations, grading, backfilling or filling;

g. Foundations

Foundations of buildings, structures, machinery or boilers, if their foundations are 

below:

(1) The lowest basement floor; or

(2) The surface of the ground, if there is

no basement.

h. Land, Water or Growing Crops

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

lawns (other than lawns which are part of

a vegetative roof);

i. Paved Surfaces

Bridges, roadways, walks, patios or other 

paved surfaces;

j. Property While Airborne or Waterborne

Personal property while airborne or waterborne;

k. Pilings or Piers

Pilings, piers, bulkheads, wharves or 

docks;

l. Property More Specifically Insured

Property that is covered under another 

coverage form of this or any other policy 

in which it is more specifically described,

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

CONDITIONS;

m. Retaining Walls

Retaining walls that are not part of any 

building described in the Declarations;

n. Underground Pipes, Flues or Drains

Underground pipes, flues or drains;

CIC0024

Case: 1:20-cv-04636 Document #: 9-1 Filed: 10/09/20 Page 25 of 327 PageID #:70
Includes copyrighted material of Insurance

FM 101 05 16 Services Office, Inc., with its permission. Page 5 of 40

o. Valuable Papers & Records and Cost 

to Research

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

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

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

and records" held for sale by you.

p. Vehicles or Self-Propelled Machines

Vehicles or self-propelled machines (including aircraft or watercraft) that:

(1) Are licensed for use on public roads;

or

(2) Are operated principally away from 

the "premises". This paragraph does not apply to:

(1) Vehicles or self-propelled machines

or autos you manufacture, process or 

warehouse;

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

(3) Rowboats or canoes out of water and

located at the "premises"; or

(4) Trailers, but only as provided in

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

(Nonowned Detached).

q. Property While Outside of Buildings

The following property while outside of 

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

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

(2) Signs, except:

(a) Signs attached to a covered

building or structure;

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

(3) Outdoor fences, except outdoor 

fences for which a Limit of Insurance

is shown in the Declarations;

(4) Radio antennas, television antennas

or satellite dishes; including their 

lead-in wiring, masts, and towers;

and

(5) Trees, shrubs or plants (other than

trees, shrubs or plants that are

"stock" or part of a vegetative roof).

3. Covered Causes of Loss

a. Covered Causes of Loss

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

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

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

(a) Ordinance or Law

Except as provided in SECTION 

A. COVERAGE, 4. Additional 

Coverages, g. Ordinance or

Law, the enforcement of or 

compliance with any ordinance

or law:

1) Regulating the construction,

use or repair of any building 

or structure; or

2) Requiring the tearing down

of any building or structure,

including the cost of removing its debris.

This exclusion applies whether "loss" results from:

1) An ordinance or law that is

enforced even if the building

or structure has not been 

damaged; or

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

of construction, repair, renovation, remodeling or

demolition of any building or

structure, or removal of its

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

structure.

(b) Earth Movement

1) Earthquake, including tremors and aftershocks and any 

earth sinking, rising or shifting related to such event;

2) Landslide, including any

earth sinking, rising or shifting related to such event;

CIC0025

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3) Mine subsidence, meaning

subsidence of a man-made 

mine, whether or not mining

activity has ceased;

4) Earth sinking (other than

"sinkhole collapse"), rising 

or shifting including soil

conditions which cause settling, cracking or other disarrangement of foundations

or other parts of realty. Soil 

conditions include contraction, expansion, freezing,

thawing, erosion, improperly

compacted soil and the action of water under the

ground surface.

But if Earth Movement, as described in (b)1) through 4)

above, results in fire or explosion, we will pay for the "loss" caused by that fire or explosion. 5) Volcanic eruption, explosion

or effusion. But if volcanic

eruption, explosion or effusion results in fire, building

glass breakage or volcanic

action, we will pay for the

"loss" caused by that fire, 

building glass breakage or

volcanic action.

Volcanic action means direct "loss" resulting from the

eruption of a volcano when

the "loss" is caused by:

a) Airborne volcanic blast 

or airborne shock 

waves;

b) Ash, dust or particulate

matter; or

c) Lava flow.

With respect to coverage for

Volcanic Action, all volcanic

eruptions that occur within

any 168-hour period will

constitute a single occurrence. Volcanic action does not include the cost to remove

ash, dust or particulate matter that does not cause direct "loss" to the described 

property.

This Earth Movement exclusion

applies regardless of whether 

any of the above, in paragraphs

1) through 5), is caused by an 

act of nature or is otherwise

caused.

(c) Governmental Action

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

from acts of destruction ordered

by governmental authority and

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

be covered under this Coverage

Part.

(d) Nuclear Hazard

Nuclear reaction or radiation, or

radioactive contamination, how- ever caused.

(e) Utility Services

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

Coverage Extensions, q.

Utility Services, the failure

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

the failure:

a) Originates away from 

the "premises"; or

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

failure involves equipment used to supply 

the utility service to the

"premises" from a 

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

includes lack of sufficient

capacity and reduction in

supply. "Loss" caused by a

surge of power is also excluded if the surge would

not have occurred but for an 

event causing the failure of

power.

However, if the failure or

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

other utility service results in

a Covered Cause of Loss,

we will pay for that portion

of "loss" caused by that

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

CIC0026

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service relating to Internet

access or access to any

electronic, cellular or satellite network.

(f) War and Military Action

1) War, including undeclared

or civil war;

2) Warlike action by a military 

force, including action in

hindering or defending

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

authority using military personnel or other agents; or

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

action taken by governmental authority in hindering or

defending against any of

these.

(g) Water

1) Flood, meaning the partial

or complete inundation of

normally dry land areas due

to:

a) The unusual or rapid 

accumulation or runoff 

of rain or surface waters from any source; or

b) Waves, tidal waters, 

tidal waves (including 

tsunami); or

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

water that rises above, overflows from, or is 

not contained within its

natural or man-made 

boundary;

and all whether driven by 

wind or not, including storm 

surge. 2) Mudslides or mudflows,

which are caused by flooding as defined above in

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

flowing mud on the surface

of normally dry land areas

as when earth is carried by

a current of water and deposited along the path of

the current;

3) Water that has entered and

then backs up through and

is discharged from a sewer, 

drain, septic system, sump

pump system or related 

equipment; or

4) Water under the ground surface pressing on, or flowing

or seeping through:

a) Foundations, walls, 

floors or paved surfaces;

b) Basements, whether 

paved or not; or

c) Doors, windows or other openings. 5) Waterborne material carried

or otherwise moved by any

of the water referred to in 

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

or material carried or otherwise moved by mudslide or

mudflow as described in

Paragraph (g)2). 

This exclusion applies regardless of whether any of the above

in Paragraphs (g)1) through

(g)5) is caused by an act of nature or is otherwise caused. An

example of a situation to which

this exclusion applies is the situation where a dam, levee, seawall or other boundary or containment system fails in whole or

in part, for any reason, to contain the water. However, if any of the above, as

described in Paragraphs (g)1) 

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

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

sprinkler leakage (if sprinkler

leakage is a Covered Cause of 

Loss).

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

Bacteria

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

of "fungi", wet or dry rot or 

bacteria. But if "fungi", wet 

or dry rot or bacteria results

in a "specified cause of 

loss", we will pay for the

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

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2) This exclusion does not apply:

a) When "fungi", wet or 

dry rot or bacteria results from fire or lightning; or

b) To the extent that coverage is provided in 

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

Bacteria - Limited 

Coverage with respect 

to "loss" from a cause

of loss other than fire or 

lightning. Exclusions b.(1)(a) through b.(1)(h)

apply whether or not the "loss" event 

results in widespread damage or affects a substantial area.

(2) We will not pay for "loss" caused by

or resulting from any of the following:

(a) Electrical Current

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

any:

1) Electrical or electronic wire,

device, appliance, system 

or network; or

2) Device, appliance, system 

or network utilizing cellular

or satellite technology.

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

is not limited to:

1) Electrical current, including

arcing;

2) Electrical charge produced

or conducted by a magnetic

or electromagnetic field;

3) Pulse of electromagnetic

energy; or

4) Electromagnetic waves or

microwaves. However, if fire results, we will

pay for "loss" caused by that fire.

(b) Delay or Loss of Use

Delay, loss of use or loss of 

market.

(c) Smoke, Vapor, Gas

Smoke, vapor or gas from agricultural smudging or industrial

operations.

(d) Miscellaneous Causes of Loss

1) Wear and tear;

2) Rust or other corrosion, decay, deterioration, hidden or

latent defect or any quality

in property that causes it to

damage or destroy itself;

3) Smog;

4) Settling, cracking, shrinking

or expansion;

5) Nesting or infestation, or

discharge or release of 

waste products or secretions, by insects, birds, rodents or other animals;

6) Mechanical breakdown, including rupture or bursting

caused by centrifugal force. However, if mechanical

breakdown results in elevator collision, we will pay for 

that portion of "loss" caused 

by that elevator collision; or

7) The following causes of loss

to personal property:

a) Marring or scratching;

b) Except as provided in

SECTION A. COVERAGE, 4. Additional 

Coverages, a. Change 

in Temperature or

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

i) Dampness or dry- ness of atmosphere; and

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

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

7) results in a "specified cause 

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

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

glass breakage.

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(e) Explosion of Steam Apparatus

Explosion of steam boilers, steam pipes, steam engines or 

steam turbines owned or leased

by you, or operated under your

control. However, if explosion of

steam boilers, steam pipes, steam engines or steam turbines

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

or combustion explosion. We will

also pay for "loss" caused by or

resulting from the explosion of

gases or fuel within the furnace

of any fired vessel or within the

flues or passages through which

the gases of combustion pass.

(f) Water Seepage

Continuous or repeated seepage

or leakage of water or the presence or condensation of humidity, moisture, or vapor that occurs

over a period of 14 days or 

more.

(g) Freezing of Plumbing

Water, other liquids, powder or 

molten material that leaks or 

flows from plumbing, heating, air

conditioning or other equipment 

(except fire protection systems) 

caused by or resulting from 

freezing, unless:

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

structure; or

2) You drained the equipment

and shut off the supply if the

heat was not maintained.

(h) Dishonest or Criminal Acts

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

partners, members (if a limited 

liability company), officers, managers, employees (including

leased workers or temporary

employees) directors, trustees, or authorized representatives; 

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

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

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

This exclusion applies whether 

or not an act occurs during the

hours of operation.

This Dishonest or Criminal 

Acts exclusion does not apply to

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

by authorized representatives; 

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

(i) Voluntary Parting Under False

Pretense

Voluntary parting with any property by you or anyone else to

whom you have entrusted the

property if induced to do so by

any fraudulent scheme, trick, device or false pretense.

(j) Exposure to Weather

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

(k) Collapse

Collapse, including any of the

following conditions of property

or any part of the property: 

1) An abrupt falling down or 

caving in;

2) Loss of structural integrity,

including separation of parts

of the property or property

in danger of falling down or

caving in; or

3) Any cracking, bulging, sagging, bending, leaning, settling, shrinkage or expansion as such condition relates to Paragraph (k)1) or

2) above.

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

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

of Loss. This exclusion Collapse does

not apply:

1) To the extent that coverage

is provided under the SECTION A. COVERAGE, 5.

Coverage Extensions, 

c. Collapse; or 

2) To collapse caused by one

or more of the following:

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a) The "specified causes

of loss";

b) Breakage of building 

glass;

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

d) Weight of people or 

personal property.

(l) Pollutants

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

emission of "pollutants" unless

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

or emission is itself caused by

any of the "specified causes of 

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

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

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

We will not pay for "loss" to

Covered Property consisting of

merchandise, goods or other 

product caused by or resulting 

from error or omission by any

person or entity (including those

having possession under an arrangement where work or a portion of the work is outsourced) in

any stage of the development, 

production or use of the product, 

including planning, testing, processing, packaging, installation,

maintenance or repair. This exclusion applies to any effect that

compromises the form, substance or quality of the product.

But if such error or omission results in a Covered Cause of

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

of Loss.

(n) Neglect

Neglect of an insured to use all

reasonable means to save and

preserve property from further

damage at and after the time of "loss".

(3) We will not pay for "loss" caused by

or resulting from any of the following

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

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

through (3)(c) results in a Covered

Cause of Loss, we will pay for that 

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

(a) Weather Conditions

Weather conditions, but this exclusion only applies if weather 

conditions contribute in any way

with a cause or event excluded

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

Exclusions, (1)(a) through

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

(b) Acts or Decisions

Acts or decisions, including the

failure to act or decide, of any 

person, group, organization or 

governmental body.

(c) Defects, Errors, and Omissions

1) An act, error, or omission

(negligent or not) relating to:

a) Land use;

b) Design, specifications, construction, workmanship;

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

d) Maintenance, installation, renovation, repair, 

or remodeling

of part or all of any property

on or off the "premises";

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

construction or repair of part

or all of any property on or

off the "premises"; or

3) The cost to make good any

error in design.

CIC0030

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(4) Special Exclusions

The Special Exclusions apply only to

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

coverage forms: BUSINESS INCOME (AND EXTRA EXPENSE)

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

EXTRA EXPENSE COVERAGE 

FORM.

We will not pay for:

(a) Any "loss" caused by or resulting

from:

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

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

apply to Extra Expense.

(b) Any "loss" caused by or resulting

from damage to radio or television antennas (including satellite

dishes) and their lead-in wiring,

masts or towers.

(c) Any increase of "loss" caused by

or resulting from:

1) Delay in rebuilding, repairing or replacing the property

or resuming "operations", due to interference at the

location of the rebuilding,

repair or replacement by

strikers or other persons; or

2) Suspension, lapse or cancellation of any license,

lease or contract. However, 

if the suspension, lapse or 

cancellation is directly

caused by the "suspension" of "operations", we will cover such "loss" that affects 

your "Business Income" during the "period of restoration" and any extension of

the "period of restoration" in

accordance with the terms

of the Extended Business

Income Additional Coverage

and the Extended Period of

Indemnity Optional Coverage or any variation of

these.

(d) Any Extra Expense caused by or

resulting from suspension, lapse

or cancellation of any license,

lease or contract beyond the

"period of restoration".

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

The following limitations apply to all policy 

forms and endorsements shown on the

COMMERCIAL PROPERTY COVERAGE PART DECLARATIONS, unless

otherwise stated:

(1) Limitations - Various Types of

Property

We will not pay for "loss" to property 

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

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

section.

(a) Steam Apparatus

Steam boilers, steam pipes, steam engines or steam turbines

caused by or resulting from any 

condition or event inside such

equipment. But we will pay for "loss" to such equipment caused

by or resulting from an explosion

of gases or fuel within the furnace of any fired vessel or within

the flues or passages through

which the gases of combustion

pass.

(b) Hot Water Boilers

Hot water boilers or other water

heating equipment caused by or 

resulting from any condition or 

event inside such boilers or 

equipment, other than an explosion.

(c) Building Interiors

The interior of any building or

structure, or to personal property

in the building or structure, caused by or resulting from rain, snow, sleet, ice, sand or dust,

whether driven by wind or not,

unless:

1) The building or structure 

first sustains damage by a

Covered Cause of Loss to

its roof or walls through

which the rain, snow, sleet,

ice, sand or dust enters; or

2) The "loss" is caused by or 

results from thawing of

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snow, sleet or ice on the

building or structure.

(d) Theft of Building Materials 

Building materials and supplies

not attached as part of the building or structure, caused by or

resulting from theft.

However, this limitation does not

apply to:

1) Building materials and supplies held for sale by you; or

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

(e) Missing Property

Property that is missing, where

the only evidence of the "loss" is

a shortage disclosed on taking

inventory, or other instances

where there is no physical evidence to show what happened

to the property.

(f) Transferred Property

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

outside the "premises" on the

basis of unauthorized instructions.

(g) Vegetative Roofs

Lawns, trees, shrubs or plants 

which are part of a vegetated 

roof, caused by or resulting

from:

1) Dampness or dryness of

atmosphere or of soil supporting the vegetation;

2) Changes in or extremes of

temperature;

3) Disease;

4) Frost or hail; or

5) Rain, snow, ice or sleet.

(2) Limitations - Various Property for

Specified Causes

We will not pay for "loss" to the following types of property unless

caused by the "specified causes of 

loss" or building glass breakage:

(a) Animals, and then only if they

are killed or their destruction is

deemed necessary.

(b) Contractors equipment, machinery and tools owned by you or

entrusted to you, provided such

property is Covered Property.

However, this limitation does not

apply:

1) If the property is located on

or within 1,000 feet of the

"premises"; or

2) To Business Income coverage or to Extra Expense 

coverage.

(3) Limitation - Personal Property 

Theft

This Limitation does not apply to

"Business Income" coverage or to 

Extra Expense coverage. For each

category described in Paragraph

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

most we will pay for "loss" in any one

occurrence of theft to all property in

that category, regardless of the types

or number of articles for that category 

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

limits:

(a) $2,500 for Furs, fur garments 

and garments trimmed with fur.

(b) $2,500 for Jewelry, watches,

watch movements, jewels, pearls, precious and semi- precious stones, bullion, gold,

silver, platinum and other precious alloys or metals. This limitation does not apply to jewelry 

and watches worth $100 or less

per item.

(c) $2,500 for Patterns, dies, molds 

and forms.

(d) $250 for Stamps, tickets, including lottery tickets held for sale,

and letters of credit.

These special limits are not additional Limits of Insurance.

(4) Limitation - System or Appliance

Defects

(a) We will not pay the cost to repair

any defect to a system or appliance from which water, other

liquid, powder or molten material

escapes; and

(b) We will not pay to replace the

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

above.

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But we will pay the cost to repair or 

replace damaged parts of fire extinguishing equipment if the damage

results in discharge of any substance

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

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

4. Additional Coverages

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

Additional Coverages. Unless stated otherwise, these Paragraph 4. 

Additional Coverages apply on a per location 

basis. a. Change in Temperature or Humidity

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

by a change in temperature or humidity or 

contamination by refrigerant resulting

from damage by a Covered Cause of 

Loss to equipment used for refrigerating, 

cooling, humidifying, dehumidifying, air 

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

and supply or transmission lines and

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

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

(4) of this Additional Coverage, we

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

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

that occurs during the "coverage

term". The expenses will be paid only 

if they are reported to us in writing

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

(2) Debris Removal does not apply to

costs to:

(a) Extract "pollutants" from land or 

water; 

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

(c) Remove debris of property of

yours that is not insured under

this Coverage Part, or property 

in your possession that is not 

Covered Property;

(d) Remove debris of property

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

you have a contractual responsibility to insure such property

and it is insured under this Coverage Part;

(e) Remove any property that is

Property Not Covered, including

property addressed under 5.

Coverage Extensions, k. Outdoor Property. 

(f) Remove property of others of a 

type that would not be Covered

Property under this Coverage

Part;

(g) Remove deposits of mud or

earth from the grounds of the

"premises".

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

(a) The most we will pay for the total

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

"loss".

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

the amount we will pay for debris

removal expense is limited to

25% of the sum of the deductible

plus the amount that we pay for

direct "loss" to the Covered

Property that has sustained

"loss".

(4) We will pay up to an additional

$10,000 for debris removal expense

for each "premises", in any one occurrence of direct "loss" to Covered 

Property, if one or both of the following circumstances apply:

(a) The total of the actual debris

removal expense plus the

amount we pay for direct "loss" exceeds the Limit of Insurance 

on the Covered Property that

has sustained "loss".

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

of the deductible plus the

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

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

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

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"loss" and debris removal expense may 

reach but will never exceed the Limit of 

Insurance on the Covered Property that 

has sustained "loss", plus $10,000.

(5) Examples

The following examples assume that 

there is no coinsurance penalty.

Example #1

Limit of Insurance $90,000

Amount of Deductible $500

Amount of "Loss" $50,000

Amount of "Loss" Payable $49,500

($50,000 - $500)

Debris Removal Expense $10,000

Debris Removal Expense

Payable $10,000

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

The debris removal expense is less than 25% 

of the sum of the "loss" payable plus the deductible. The sum of the "loss" payable and 

the debris removal expense ($49,500 + 

$10,000 = $59,500) is less than the Limit of 

Insurance. Therefore, the full amount of debris 

removal expense is payable in accordance 

with the terms of Paragraph (3).

Example #2

Limit of Insurance

$90,000

Amount of Deductible $500

Amount of "Loss" $80,000

Amount of "Loss" Payable $79,500

($80,000 - $500)

Debris Removal Expense $30,000

Debris Removal Expense Payable

Basic Amount $10,500

Additional Amount $10,000

The basic amount payable for debris removal 

expense under the terms of Paragraph (3) is

calculated as follows: $80,000 ($79,500 + 

$500) x .25 = $20,000; capped at $10,500. The cap applies because the sum of the "loss" payable ($79,500) and the basic amount payable for debris removal expense ($10,500) 

cannot exceed the Limit of Insurance 

($90,000).

The additional amount payable for debris removal expense is provided in accordance with

the terms of Paragraph (4), because the debris removal expense ($30,000) exceeds 25%

of the "loss" payable plus the deductible

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

the sum of the "loss" payable and debris removal expense ($79,500 + $30,000 = $109,500) would exceed the Limit of Insurance ($90,000). The additional amount of 

covered debris removal expense is $10,000,

the maximum payable under Paragraph (4). Thus the total payable for debris removal expense in this example is $20,500; $9,500 of 

the debris removal expense is not covered.

c. Fire Department Service Charge

When the fire department is called to 

save or protect Covered Property from a 

Covered Cause of Loss, we will pay up to

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

charges:

(1) Assumed by contract or agreement; 

or

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

the number or type of services performed. 

This Coverage is in addition to the Limits

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

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

suppression system or portable fire 

extinguishers when the equipment is

discharged:

(a) To combat a covered fire to

which this insurance applies; 

(b) As a result of another covered

Cause of Loss other than fire; or

(c) As a result of an accidental discharge.

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

result of a discharge during testing or

installation.

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

pay your costs to replace your automatic fire suppression system or

portable fire extinguishers rather than 

recharge that equipment.

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

$25,000. This Coverage is in addition to

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

(1) We will pay the necessary expenses

you incur to prepare claim information as required by this Coverage

Part. Expenses must result from:

(a) Taking inventories;

(b) Making appraisals; and

CIC0034

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(c) Preparing a statement of loss

and other supporting exhibits.

(2) We will not pay for any expenses:

(a) Incurred to prove that "loss" is

covered;

(b) Incurred under SECTION D. 

LOSS CONDITIONS, 2. Appraisal;

(c) Incurred for examinations under

oath;

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

(e) To prepare claims not covered

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

$10,000. This Coverage is in addition to

the shown in the Declarations.

f. Key and Lock Expense

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

or damaged, we will pay for:

(a) The actual expense of the new 

keys; and

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

(c) If required, new locks, including

the expense of their installation;

but only for locks at buildings or 

structures covered by this Coverage

Part.

(2) This Coverage does not apply to 

keys that were given to former employees.

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

Limit of Insurance $1,000. This Coverage

is in addition to the Limit of Insurance 

shown in the Declarations. g. Ordinance or Law

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

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

ordinance or law that is in force at the

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

D, LOSS CONDITIONS, 4. Loss

Payment, we will pay:

(a) Loss of Use of Undamaged 

Parts of Buildings

The costs you incur to rebuild at

the same "premises" any undamaged portion of your building

or structure caused by enforcement of or compliance with an

ordinance or law requiring

demolition of undamaged parts

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

of the ordinance or law. Losses

and costs incurred in complying

with recommended actions or 

standards that exceed actual requirements are not covered. 

(b) Demolition Costs

The costs you incur to demolish

and clear the site of undamaged

parts of the same building or

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

(c) Increased Costs of Construction

1) For buildings or structures

to which SECTION F. OPTIONAL COVERAGES, 3.

Replacement Cost applies, 

the increased costs to comply with the minimum 

standards of an ordinance

or law to:

a) Repair or reconstruct 

damaged portions of 

that building or structure; and

b) Reconstruct or remodel 

undamaged portions of 

that building or structure whether or not 

demolition is required;

However, this increased

cost of construction applies

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

is intended for occupancy

similar to the building or 

structure it replaces, unless

such occupancy is not permitted by zoning or land use

ordinance or law.

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

only, the increased costs to

repair or reconstruct the following:

CIC0035

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

b) Foundation of the building;

c) Pilings;

d) Underground pipes, 

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

g.2)d) above are deleted 

from SECTION A. COVERAGE, 2. Property Not

Covered; 

(2) We will not pay for:

(a) Enforcement of or compliance

with any ordinance or law which

requires the demolition, repair, replacement, reconstruction,

remodeling or remediation of

property due to contamination by

"pollutants" or due to the presence, growth, proliferation,

spread or any activity of "fungi", wet or dry rot or bacteria; or

(b) The costs associated with the

enforcement of or compliance

with any ordinance or law which

requires any insured or others to

test for, monitor, clean up, remove, contain, treat, detoxify or

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

of "pollutants", "fungi", wet or dry

rot or bacteria.

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

ordinance or law that:

(a) You were required to comply 

with before the "loss", even if the 

building or structure was undamaged; and

(b) With which you failed to comply.

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

or structure covered by this Coverage Part.

The most we will pay under this Additional 

Coverage is $10,000 per building. This is

in addition to the Limit of Insurance

shown in the Declarations for the building 

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

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

migration, release, escape or emission of 

the "pollutants" is caused by or results 

from a Covered Cause of Loss that occurs during the "coverage term". The expenses will be paid only if they are reported to us in writing within 180 days of

the date on which the Covered Cause of 

Loss occurs. This Additional Coverage does not apply 

to costs to test for, monitor or assess the 

existence, concentration or effects of "pollutants". But we will pay for testing which

is performed in the course of extracting

the "pollutants" from the land or water.

The most we will pay under this Additional 

Coverage for each "premises" is $10,000

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

each "coverage term". This Coverage is

in addition to the Limit of Insurance

shown in the Declarations.

i. Preservation of Property

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

from imminent "loss" by a Covered Cause 

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

that property:

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

and

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

days after the property is first moved.

This Coverage is included within Limit of

Insurance shown in the Declarations for 

such Covered Property.

j. Rewards

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

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

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

Declarations. 5. Coverage Extensions

Unless amended within a particular Coverage

Extension, each Extension applies to property 

located in or on the building described in the 

Declarations or in the open (or in a vehicle or

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

CIC0036

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

shown in the Property Declarations. Limits of 

Insurance specified in these Extensions apply 

per location unless stated otherwise.

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

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

(1) When you sustain direct "loss" to

your accounts receivable records

caused by a Covered Cause of Loss,

we will pay:

(a) All amounts due from your customers that you are unable to

collect;

(b) Interest charges on any loan required to offset amounts you are

unable to collect pending our

payment of these amounts;

(c) Collection expenses in excess of

your normal collection expenses

that are made necessary by the

"loss"; and

(d) Other reasonable expenses that 

you incur to re-establish your 

records of accounts receivable.

(2) Coverage does not apply to:

(a) Records of accounts receivable

in storage away from the "premises"; or

(b) Contraband, or property in the

course of illegal transportation or

trade.

(3) We will extend coverage to include:

(a) Removal

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

records of accounts receivable

because of imminent danger of

direct "loss" from a Covered

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

1) At a safe place away from 

your "premises"; or

2) Being taken to and returned

from that place.

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

Extension.

(b) Away From Your Premises

The most we will pay in any one

occurrence is $5,000, regardless

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

Cause of Loss to Accounts Receivable while they are away

from your "premises". This Away From Premises Limit 

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

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

(a) Exclusion (1)(c) Governmental

Action;

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

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

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

Coverage Extension, we will not pay

for "loss" resulting from any of the following:

(a) Dishonest or criminal acts by:

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

authorized representatives;

2) A manager or a member if

you are a limited liability

company;

3) Anyone else with an interest

in the records of accounts

receivable, or their employees or authorized representatives; or

4) Anyone else entrusted with

the records of accounts receivable for any purpose.

This Paragraph a.(5)(a) applies

whether or not such persons are

acting alone or in collusion with

other persons or such act occurs

during the hours of employment.

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

does not apply to dishonest acts

of a carrier for hire or to acts of 

destruction by your employees. However, theft by employees is

still not covered.

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

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accounts receivable done to

conceal the wrongful giving, taking or withholding of "money", "securities" or other property.

This exclusion applies only to

the extent of the wrongful giving,

taking or withholding.

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

(d) Electrical or magnetic injury, disturbance or erasure of "electronic data" that is caused by or results from:

1) Programming errors or

faulty machine instructions;

2) Faulty installation or

maintenance of data processing equipment or component parts;

3) An occurrence that took

place more than 100 feet

from your "premises"; or

4) Interruption of electrical

power supply, power surge, 

blackout or brownout if the

cause of such occurrence

took place more than 100

feet from your "premises". But we will pay for direct "loss" caused by lightning.

(e) Voluntary parting with any property by you or anyone entrusted

with the property if induced to do

so by any fraudulent scheme, 

trick, device or false pretense.

(f) A "loss" that requires any audit

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

(6) Determination of Receivables:

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

time of direct "loss", the following

method will be used:

1) Determine the total of the

average monthly amounts

of accounts receivable for

the 12 months immediately

preceding the month in

which the direct "loss" occurs; and

2) Adjust that total for any

normal fluctuations in the

amount of accounts receivable for the month in which

the direct "loss" occurred or

for any demonstrated variance from the average for

that month.

(b) The following will be deducted

from the total amount of accounts receivable, however that

amount is established:

1) The amount of the accounts

for which there is no direct "loss"; and

2) The amount of the accounts

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

3) An amount to allow for 

probable bad debts that you

are normally unable to collect; and

4) All unearned interest and

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

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

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

(1) Business Income

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

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

"loss" to personal property in the

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

"premises" include the area within 

1,000 feet of the building or 1,000

feet of the "premises", whichever is

greater. 

With respect to the requirements of 

the preceding paragraph, if you are a

tenant and occupy only part of the 

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

is the portion of the building that you

rent, lease or occupy, including:

(a) Any area within the building or 

on the site at which the "premises" are located if that area serCIC0038

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vices or is used to gain access 

to the "premises"; and

(b) Your personal property in the

open (or in a vehicle or portable

storage unit) within 1,000 feet of

the building or 1,000 feet of the

"premises", whichever is greater.

(2) Extra Expense

(a) We will pay Extra Expense you

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

necessary expenses you sustain

(as described in Paragraphs

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

"period of restoration" that you 

would not have sustained if

there had been no direct "loss"

to property caused by or resulting from a Covered Cause of 

Loss.

(b) If these expenses reduce the

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

to repair or replace property as

described in Paragraph (2)(c)) 

to:

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

continue "operations" either:

a) At the "premises"; or

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

costs to equip and operate the replacement 

location or temporary 

location; or

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

continue "operations".

(c) We will also pay expenses to:

1) Repair or replace property;

or 

2) Research, replace or restore the lost information on

damaged "valuable papers

and records";

but only to the extent this payment reduces the otherwise

payable "Business Income"

"loss". If any property obtained

for temporary use during the

"period of restoration" remains

after the resumption of normal 

"operations", the amount we will

pay under this Coverage will be

reduced by the salvage value of

that property.

(d) Extra Expense does not apply to

"loss" to Covered Property as

described in the BUILDING

AND PERSONAL PROPERTY 

COVERAGE FORM.

(3) Civil Authority

When a Covered Cause of Loss

causes damage to property other

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

Extra Expense you sustain caused

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

that both of the following apply:

(a) Access to the area immediately

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

(b) The action of civil authority is

taken in response to dangerous

physical conditions resulting

from the damage or continuation

of the Covered Cause of Loss

that caused the damage, or the

action is taken to enable a civil

authority to have unimpeded access to the damaged property.

This Civil Authority coverage for "Business Income" will begin

immediately after the time of that 

action and will apply for a period

of up to 30 days from the date of

that action.

This Civil Authority coverage for 

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

1) 30 consecutive days after

the time of that action; or

2) When your "Business Income" coverage ends;

whichever is later.

(4) Alterations and New Buildings

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

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

resulting from any Covered Cause of

Loss to:

CIC0039

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

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

(c) Machinery, equipment, supplies

or building materials located on

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

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

2) Incidental to the occupancy

of new buildings.

If such direct "loss" delays the start of "operations", the "period of restoration" for "Business Income" Coverage 

will begin on the date "operations" would have begun if the direct "loss" had not occurred.

(5) Newly Purchased or Leased Locations

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

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

by or resulting from a Covered Cause

of Loss. This coverage for the Newly 

Purchased or Leased Locations will 

end when any of the following first 

occurs:

(a) This policy expires;

(b) You report values to us;

(c) 90 days pass from the date you

acquire or begin to construct the

Covered Property.

(6) Extended Business Income

(a) For "Business Income" Other 

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

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

you incur during the period that:

1) Begins on the date property

(except "finished stock") is 

actually repaired, rebuilt or

replaced and "operations" are resumed; and

2) Ends on the earlier of:

a) The date you could restore your "operations", with reasonable speed, 

to the level which would 

generate the business 

income amount that 

would have existed if 

no direct "loss" had occurred; or

b) 60 consecutive days after the date determined 

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

However, Extended Business

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

Extra Expense incurred as a result of unfavorable business

conditions caused by the impact 

of the Covered Cause of Loss in

the area where the "premises" are located.

Loss of "Business Income" must 

be caused by direct "loss" at the

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

Loss.

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

Coverage Part, we will pay for

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

1) Begins on the date property

is actually repaired, rebuilt

or replaced and tenantability 

is restored; and

2) Ends on the earlier of:

a) The date you could restore tenant occupancy, with reasonable 

speed, to the level 

which would generate 

the "Rental Value" that

would have existed if 

no direct "loss" had occurred; or

b) 60 consecutive days after the date determined 

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

However, Extended

Business Income does 

not apply to loss of "Rental Value" incurred

as a result of unfavorable business conditions

caused by the impact of 

the Covered Cause of 

CIC0040

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Loss in the area where 

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

be caused by direct "loss" at 

the "premises" caused by or 

resulting from any Covered

Cause of Loss.

(7) Interruption of Computer Operations

(a) Subject to all provisions of this

Coverage Extension, you may 

extend the insurance that applies to "Business Income" and

Extra Expense to apply to a

"suspension" of "operations" caused by an interruption in

computer operations due to destruction or corruption of "electronic data" as described in

SECTION A. COVERAGE, 5.

Coverage Extensions, d. Electronic Data.

(b) Paragraph b.(7)(a) does not apply to "loss" sustained or expense incurred after the end of

the "period of restoration", even

if the amount of insurance stated

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

been exhausted.

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

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

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

to the first interruption does not

exhaust this amount, then the

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

term" does not carry over to the

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

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

sustained in the "coverage term"

in which the interruption began.

This $2,500 coverage for Interruption of Computer Operations

does not increase the Limit of

Insurance provided in this Coverage Extension.

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

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

is $25,000.

c. Collapse

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

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

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

an abrupt falling down or caving in of

a building or structure or any part of a

building or structure with the result

that the building or structure or part 

of the building or structure cannot be 

occupied for its intended purpose.

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

part of a building or structure insured

under this Coverage Part, or that 

contains Covered property insured 

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

the following:

(a) Building or structure decay that

is hidden from view, unless the

presence of such decay is

known or should reasonably

have been known to an insured

prior to collapse;

(b) Insect or vermin damage that is

hidden from view, unless the

presence of such damage is

known or should reasonably

have been known to an insured

prior to collapse;

(c) Use of defective material or

methods in construction, remodeling, or renovation if the abrupt

collapse occurs during the 

course of the construction, remodeling, or renovation. 

(d) Use of defective materials or 

methods in construction, remodeling, or renovation if the abrupt

collapse occurs after construction, remodeling, or renovation is

complete but only if the collapse

is caused in part by:

1) A cause of loss listed in

Paragraph c.(2)(a) or 

c.(2)(b) of this Coverage 

Extension;

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

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3) Breakage of building glass;

4) Weight of people or personal property; or

5) Weight of rain that collects

on a roof.

(3) This Coverage Extension does not

apply to:

(a) A building or structure or any 

part of a building or structure

that is in danger of falling down

or caving in;

(b) A part of a building or structure

that is standing, even if it has

separated from another part of

the building or structure; or

(c) A building or structure that is

standing or any part of a building

or structure that is standing,

even if it shows evidence of 

cracking, bulging, sagging,

bending, leaning, settling,

shrinkage or expansion.

(4) With respect to the following property:

(a) Outdoor radio or television antennas (including satellite dishes) and their lead-in wiring, masts or towers;

(b) Awnings, gutters and downspouts;

(c) Yard fixtures;

(d) Outdoor swimming pools;

(e) Fences;

(f) Piers, wharves and docks;

(g) Beach or diving platforms; including their appurtenances;

(h) Retaining walls; and

(i) Walks, roadways and other

paved surfaces;

if an abrupt collapse is caused by a

cause of loss listed in Paragraph

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

for "loss" to that property only if:

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

the abrupt collapse of a building

or structure insured under this

Coverage Part; and

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

(5) If personal property abruptly falls

down or caves in and such collapse

is not the result of abrupt collapse of

a building or structure, we will pay for

direct "loss" to Covered Property

caused by such collapse of personal 

property only if:

(a) The collapse of personal property was caused by a Cause of 

Loss listed in c.(2)(a) through

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

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

(c) The property that collapses is

not of a kind listed in Paragraph

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

that kind of property is considered to be personal property or

real property.

The coverage stated in this Paragraph c.(5) does not apply to personal property if marring and/or

scratching is the only damage to that 

personal property caused by the collapse.

(6) This Coverage Extension does not

apply to personal property that has

not abruptly fallen down or caved in, even if the personal property shows

evidence of cracking, bulging, sagging, bending, leaning, settling, shrinkage or expansion.

(7) This Coverage Extension shall not

increase the Limit of Insurance provided in this Coverage Part.

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

limited in Paragraphs c.(1) through

c.(7). d. Electronic Data

(1) This Coverage Extension does not

apply to your "stock" of prepackaged 

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

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

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

restore "electronic data" which has 

been destroyed or corrupted by a

Covered Cause of Loss that applies

to SECTION A. COVERAGE, 1. 

Covered Property, d. Business 

Personal Property. To the extent 

that "electronic data" is not replaced

or restored, the "loss" will be valued 

at the cost of replacement of the meCIC0042

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

(3) For the purposes of this Coverage

Extension only, Covered Causes of 

Loss include a virus, harmful code or 

similar instruction introduced into or

enacted on a computer system (including "electronic data") or a network to which it is connected, that is

designed to damage or destroy any 

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

coverage for "loss" caused by or resulting from manipulation of a computer system (including "electronic 

data") by any employee, including a

temporary or leased employee, or by 

an entity retained by you or for you to 

inspect, design, install, modify, maintain, repair or replace that system or "electronic data".

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

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

occurrence does not exhaust this

amount, then the balance is available 

for subsequent "loss" sustained in

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

not carry over to the next "coverage

term". With respect to an occurrence 

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

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

which the occurrence began.

e. Exhibitions, Fairs or Trade Shows

We will pay for direct "loss" caused by a 

Covered Cause of Loss to your Covered

Property, including covered property of 

others, while it is located at exhibitions, 

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

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

occurrence is $10,000.

The Limit of Insurance provided under 

this Coverage Extension does not apply 

per location.

f. Fences

We will pay for direct "loss" caused by a 

Covered Cause of Loss to your outdoor 

fences that are located within 1,000 feet

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

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

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

the result of a Covered Cause of

Loss that occurs during the "coverage term" and only if all reasonable 

means were used to save and preserve the property from further damage at the time of and after that occurrence.

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

or dry rot or bacteria. As used in this

Coverage Extension, the term "loss" means:

(a) Direct "loss" to Covered Property 

caused by "fungi", wet or dry rot 

or bacteria, including the cost of

removal of the "fungi", wet or dry 

rot or bacteria;

(b) The cost to tear out and replace

any part of the building or other

property as needed to gain access to the "fungi", wet or dry rot 

or bacteria; and

(c) The cost of testing performed after removal, repair, replacement 

or restoration of the damaged

property is completed, provided

there is a reason to believe that "fungi", wet or dry rot or bacteria

are present.

(3) For the coverage described under

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

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

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

that take place in the "coverage

term". With respect to a particular 

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

will not pay more than a total of

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

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

(4) The coverage provided under this

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

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

more, for the total of all "loss" than

the applicable Limit of Insurance on

the affected Covered Property.

If there is covered "loss" to Covered

Property, not caused by "fungi", wet

or dry rot or bacteria, loss payment

will not be limited by the terms of this

Coverage Extension, except to the

extent that "fungi", wet or dry rot or

bacteria causes an increase in the

"loss". Any such increase in the

"loss" will be subject to the terms of

this Coverage Extension.

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

coverage provided under:

(a) SECTION A. COVERAGE, 5.

Coverage Extensions, c. Collapse;

(b) SECTION A. COVERAGE, 5.

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

Molten Material Damage

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

only if "Business Income", "Rental 

Value", or Extra Expense Coverage

applies to the "premises" and only if 

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

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

Coverage. 

(a) If the "loss" which resulted in

"fungi", wet or dry rot or bacteria

does not in itself necessitate a

"suspension" of "operations", but

such "suspension" is necessary 

due to "loss" to property caused

by "fungi", wet or dry rot or bacteria, then our payment under "Business Income" and/or Extra

Expense is limited to the amount 

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

than 30 days. The days need not

be consecutive.

(b) If a covered "suspension" of "operations" was caused by "loss" other than "fungi", wet or 

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

bacteria prolongs the "period of

restoration", we will pay for "loss" and/or expense sustained

during the delay (regardless of 

when such a delay occurs during

the "period of restoration"), but 

such coverage is limited to 30

days. The days need not be

consecutive.

(7) This Coverage Extension does not

apply to lawns, trees, plants or 

shrubs that are part of any vegetative

roof.

h. Glass

(1) If a Covered Cause of Loss occurs to 

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

(a) Put up temporary plates or 

board up openings if repair or

replacement of damaged glass

is delayed;

(b) Repair or replace encasing

frames;

(c) Remove or replace obstructions

(except expenses to remove or

replace window displays); and

(d) Repair or replace alarm tapes.

(2) If you are a tenant at a covered

"premises" and:

(a) The building you occupy is not 

Covered Property; and

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

building;

such building glass, for the purposes

of this Paragraph h.(2), is Covered

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

$5,000. This building glass is subject

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

(3) For the purposes of this Coverage

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

Loss, b. Exclusions does not apply 

except as follows:

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

(b) Exclusion (1)(c) Governmental

Action;

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

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

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

tear; and

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

Rust or other corrosion, hidden

or latent defect or any quality in

property that causes it to damage or destroy itself.

i. Newly Purchased, Leased or Constructed Property

(1) Buildings

If buildings are Covered Property in

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

Cause of Loss to: 

(a) Your new buildings or additions

while being built on the "premises";

(b) Buildings you newly purchase or 

become newly required to insure

by written contract that are:

1) Intended for use by you as

a warehouse; or

2) Similarly used by you as

buildings insured under this

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

one occurrence to a building under

this Coverage Extension is 1,000,000

for each building.

(2) Business Personal Property

(a) If business personal property is

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

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

by written contract:

1) While located at buildings

described in Paragraph

a.(1) of this Coverage Extension; or

2) While located in a leased

building or space therein

that you are not required to 

insure. Such lease must be

for a period of 12 consecutive months or longer.

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

to:

1) Any business personal

property covered under

BUILDING AND PERSONAL PROPERTY COVERAGE FORM, SECTION A.

COVERAGE, 5. Coverage

Extensions, e. Exhibitions, Fairs, or Trade

Shows or m. Property Off 

Premises;

2) Any business personal

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

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

considered to be in-transit

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

of others that is temporarily

in your possession in the

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

possession in the course of

your manufacturing or

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

one occurrence to your Business

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

building.

(3) Period of Coverage

Coverage provided under this Coverage Extension will end when any of 

the following first occurs:

(a) This policy expires,

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

Extension, 90 days pass from 

the date you begin construction

on that part of the building that

would qualify as Covered Property;

(c) For business property described

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

your purchase or lease;

(d) For business personal property

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

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of the lease of the building

space in the building; or 

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

values reported from the date you lease

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

would qualify as Covered Property.

j. Nonowned Building Damage

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

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

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

to that building;

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

attempted theft. This Coverage Extension does not apply 

to:

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

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

(b) Expenses incurred to board up 

openings or remove or replace

obstruction.

(2) Building materials and equipment 

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

if you have purchased other insurance in

your name on the building you occupy as

required by the lease.

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

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

We will pay for direct "loss" caused by a 

Covered Cause of Loss to the following

types of your Covered Property:

(1) Radio antennas, television antennas

or satellite dishes (including their

lead-in wiring, masts and towers);

(2) Trees, shrubs or plants (other than

trees, shrubs or plants which are

"stock" or part of a vegetative roof), 

including debris removal ; and

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

that are attached to a building you

occupy;

but only if caused by or resulting from any 

of the following causes of loss if they are 

included as Covered Causes of Loss under this Coverage Part:

(1) Fire;

(2) Lightning;

(3) Explosion;

(4) Riot or Civil Commotion; 

(5) Aircraft; or

(6) Falling objects.

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

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

Coverage Extension. If you are a tenant, 

we do not pay debris removal expenses

for trees, plants or shrubs owned by the 

landlord or owner of the building you occupy. 

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

applies to this Outdoor Property Coverage Extension.

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

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

for any one tree, shrub or plant.

l. Personal Effects

If business personal property is Covered 

Property in this Coverage Part, we will

pay for direct "loss" caused by a Covered

Cause of Loss to personal effects owned 

by:

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

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

or

(2) Your employees (including temporary 

and leased employees), including

tools owned by your employees that

are used in your business. However, 

employee tools are not covered for 

theft.

This Coverage Extension does not apply 

to "money" or "securities".

If theft is included as a Covered Cause of

Loss under this Coverage Part, then this

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

theft.

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

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

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

by a Covered Cause of Loss to your 

Covered Property, including covered 

personal property of others, while it is

away from the "premises", if it is:

(a) Temporarily at a location you do

not own, lease or operate; or

(b) In storage at a location you

lease, provided the lease was

executed for the first time after 

the beginning of the current "coverage term".

(2) This Coverage Extension does not

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

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

Coverage Extension does not apply per 

location.

n. Signs

We will pay for direct "loss" caused by a 

Covered Cause of Loss, including debris

removal expense, to signs not otherwise

insured by this Coverage Part.

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

occurrence under this Coverage Extension is $5,000.

The Limit of Insurance provided by this

Coverage Extension does not apply per 

location.

o. Trailers (Nonowned Detached)

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

we will pay for direct "loss" caused by

a Covered Cause of Loss to trailers

that you do not own, provided that:

(a) The trailer is used in your business;

(b) The trailer is temporarily in your 

care, custody or control at the

"premises"; and

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

trailer.

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

that occurs:

(a) While the trailer is attached to

any motor vehicle or motorized

conveyance, whether or not the

motor vehicle or motorized conveyance is in motion;

(b) During hitching or unhitching

operations, or when a trailer becomes accidentally unhitched

from a motor vehicle or motorized conveyance.

(3) This insurance is excess over the

amount due, whether you can collect 

on it or not, from any other insurance

covering such property.

(4) This Coverage Extension does not

apply to any property inside or on the

trailer.

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

occurrence under this Coverage Extension is $5,000.

p. Transportation

We will pay for direct "loss" caused by a 

Covered Cause of Loss to your Covered

Property, including covered personal 

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

the property.

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

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

Coverage Extension does not apply per 

location.

q. Utility Services

We will pay for:

(1) Direct "loss" to Covered Property at

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

complete failure of Wastewater Removal Services; and

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

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

Business Income and Extra Expense;

caused by or resulting from the partial or 

complete failure of utility services to the

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

services listed below must be caused by 

direct "loss" caused by a Covered Cause 

of Loss to the following property:

(1) Power Supply Property, meaning the

following types of property supplying

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electricity, steam or natural gas to the

"premises":

(a) Utility generating plants;

(b) Switching stations;

(c) Substations;

(d) Transformers; and

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

all such overhead lines of any 

type.

(2) Water Supply Property, meaning the 

following types of property supplying

water to the "premises":

(a) Pumping stations; and

(b) Water mains.

(3) Wastewater Removal Property, 

meaning a utility system for removing

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

water. The utility property includes

sewer mains, pumping stations and 

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

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

from a discharge of water or sewage

due to heavy rainfall or flooding.

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

relating to Internet access or access 

to any electronic, cellular or satellite

network; telephone, radio, microwave

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

(a) Communication transmission, distribution, service or similar 

lines, including fiber optic lines, excluding all such overhead 

lines of any type;

(b) Coaxial cables; and

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

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

Expense in any one occurrence is

$25,000. 

r. Valuable Papers and Records

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

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

Coverage Extension, we will pay 

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

damaged information on "valuable

papers and records" that are your 

property or the property of others in

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

Covered Cause of Loss. 

(2) Coverage does not apply to:

(a) Property that cannot be replaced

with other property of like kind

and quality;

(b) Property held as samples or for 

delivery after sale;

(c) Property in storage away from 

the "premises", except as provided in Paragraph r.(4)(b) of 

this Coverage Extension;

(d) Contraband, or property in the

course of illegal transportation or

trade;

(e) "Valuable papers and records" in

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

the "electronic data" is recorded.

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

least of the following amounts:

(a) The cost of reasonably restoring

the damaged property to its

condition immediately before the

"loss";

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

identical property; or

(c) The actual cash value of the

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

is actually replaced or restored; and

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

the date of direct "loss".

(4) We will extend coverage to include:

(a) Removal

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

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because of imminent danger of

direct "loss" from a Covered

Cause of Loss, we will pay for

direct "loss" while they are:

1) At a safe place away from 

your "premises"; or

2) Being taken to and returned

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

Extension.

(b) Away From Your Premises

We will pay up to $5,000 in any

one occurrence, regardless of 

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

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

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

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

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

(a) Exclusion (1)(c) Governmental

Action;

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

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

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

Coverage Extension, we will not pay 

for direct "loss" resulting from any of

the following:

(a) Dishonest or criminal acts by:

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

authorized representatives;

2) A manager or a member if

you are a limited liability

company;

3) Anyone else with an interest

in the records of accounts 

receivable, or their employees or authorized representatives; or

4) Anyone else entrusted with

the records of accounts receivable for any purpose.

This Paragraph r.(6)(a) applies

whether or not such persons are

acting alone or in collusion with

other persons or such act occurs 

during the hours of employment.

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

does not apply to dishonest acts

of a carrier for hire or to acts of 

destruction by your employees. However, theft by employees is

still not covered.

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

fire or explosion if these causes

of loss would be covered by this

Coverage Part.

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

recordings. But we will pay for

direct "loss" caused by lightning.

(d) Voluntary parting with any property by you or anyone entrusted

with the property if induced to do

so by any fraudulent scheme, 

trick, device or false pretense.

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

occurrence is $25,000.

s. Water Damage, Other Liquids, Powder

or Molten Material Damage

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

molten material damage, we will also pay 

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

structure to repair damage to the system 

or appliance from which the water or other substance escapes. SECTION B. LIMITS OF INSURANCE

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

the Declarations, except as amended in SECTION 

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

Coverage Extensions.

SECTION C. DEDUCTIBLE

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

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

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

less than or equal to the Deductible, we will not

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

direct "loss" exceeds the Deductible, we will then

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subtract the Deductible from the adjusted amount

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

the Limit of Insurance, whichever is less. When the occurrence involves direct "loss" to more

than one item of Covered Property and separate

Limits of Insurance apply, the losses will not be

combined in determining application of the Deductible. But the Deductible will be applied only once

per occurrence. 1. Deductible Examples

Example No. 1:

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

Deductible: $250

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

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

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

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

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

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

The Deductible will be subtracted from the 

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

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

The Deductible applies once per occurrence 

and therefore is not subtracted in determining 

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

80,000 = $139,850.

Example No. 2:

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

the same as those in Example No. 1:

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

Insurance plus Deductible)

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

Insurance plus Deductible)

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

Insurance)

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

Insurance)

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

2. Glass Deductible

When direct "loss" to the building you occupy 

only involves building glass, the Deductible for 

that "loss" will be the lesser of:

a. $500; or

b. The Deductible shown in the Declarations

for that Covered Property.

SECTION D. LOSS CONDITIONS

The following conditions apply in addition to the

COMMON POLICY CONDITIONS and the COMMERCIAL PROPERTY CONDITIONS.

1. Abandonment

There can be no abandonment of any property 

to us. 2. Appraisal

If we and you disagree on the value of the 

property, the amount of Net Income and operating expense, or the amount of "loss", either 

may make written demand for an appraisal of 

the "loss". In this event, each party will select 

a competent and impartial appraiser. The two

appraisers will select an umpire. If they cannot

agree, either may request that selection be 

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

of the property, the amount of Net Income and

operating expense, and amount of "loss". If 

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

any two will be binding. Each party will:

a. Pay its chosen appraiser; and

b. Bear the other expenses of the appraisal 

and umpire equally.

If there is an appraisal, we still retain our right

to deny the claim.

3. Duties in the Event of Loss or Damage

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

you must see that the following are done

in order for coverage to apply:

(1) Notify the police if a law may have

been broken.

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

Include a description of the property 

involved.

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

(4) Take all reasonable steps to protect

the Covered Property from further 

damage. If feasible, set the damaged 

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

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record of your expenses necessary 

to protect the Covered Property for 

consideration in the settlement of the 

claim. This will not increase your limit 

of insurance. However, in no event

will we pay for any subsequent "loss"

resulting from a cause of loss that is

not a Covered Cause of Loss.

(5) At our request, give us complete inventories of the damaged and undamaged property. Include quantities, costs, values and amount of "loss" claimed.

(6) As often as may be reasonably required, permit us to inspect the property proving the "loss" and examine 

your books and records. Also permit us to take samples of 

damaged and undamaged property 

for inspection, testing and analysis

and permit us to make copies from 

your books and records.

(7) Submit a signed sworn proof of loss

containing the information we request

to investigate the claim. You must do

this within 60 days after our request. We will supply you with the necessary forms.

(8) Cooperate with us in the investigation

or settlement of the claim.

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

your "operations" as quickly as possible. b. We may examine any insured under oath, while not in the presence of any other insured and at such times as may be reasonably required about any matter relating to this insurance or the claim, including an insured's books and records. In the 

event of an examination, an insured's answers must be signed. 4. Loss Payment

a. In the event of "loss" insured by this Coverage Part, at our option, we will either:

(1) Pay the value of lost or damaged 

property;

(2) Pay the cost of repairing or replacing

the lost or damaged property;

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

an agreed or appraised value; or

(4) Repair, rebuild or replace the property with other property of like kind and

quality.

We will determine the value of lost or 

damaged property, or the cost of its repair 

or replacement, in accordance with the

applicable terms of SECTION D. LOSS 

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

not include the increased cost attributable

to enforcement of or compliance with any 

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

as provided in SECTION A. COVERAGE,

4. Additional Coverages, g. Ordinance

or Law. c. We will give notice of our intentions within

30 days after we receive the sworn proof

of loss. d. We will not pay you more than your financial interest in the Covered Property.

e. We may adjust "losses" with the owners

of lost or damaged property if other than 

you. If we pay the owners, such payments

will satisfy your claims against us for the

owners' property. We will not pay the 

owners more than their financial interest 

in the Covered Property.

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

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

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

h. We will pay for insured "loss" within 30 

days after we receive the sworn proof of 

loss if you have complied with all of the

terms of this Coverage Part; and

(1) We have reached agreement with 

you on the amount of "loss"; or

(2) An appraisal award has been made.

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

(1) Loss of Use of Undamaged Parts

of Building

When there is a loss in value of an

undamaged portion of a building or

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

follows:

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(a) If BUILDING AND PERSONAL

PROPERTY COVERAGE

FORM, SECTION F. OPTIONAL

COVERAGES, 3. Replacement 

Cost applies and the property is

repaired or replaced, on the

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

than the lesser of:

1) The amount you actually

spend to repair, rebuild or

reconstruct the building, but

not for more than the

amount it would cost to restore the building on the

same "premises" and to the 

same height, floor area,

style and comparable quality of the original property insured; or

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

Coverages g. Ordinance 

or Law for Loss of Use of

Undamaged Parts of

Building for the building

that has suffered "loss".

(b) If BUILDING AND PERSONAL

PROPERTY COVERAGE

FORM, SECTION F. OPTIONAL

COVERAGES, 3. Replacement 

Cost applies and the property is

not repaired or replaced, or if the

Replacement Cost Coverage

Option does not apply, we will

not pay more than the lesser of:

1) The "actual cash value" of 

the building at the time of "loss"; or

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

Coverages, g. Ordinance 

or Law for Loss of Use of

Undamaged Parts of

Building for the building

that has suffered "loss".

(2) Demolition Costs

Loss payment for Demolition Costs

will be determined as follows:

We will not pay more than the lesser 

of the following:

(a) The amount you actually spend

to demolish and clear the site of

the "premises"; or

(b) The limit of insurance indicated

in SECTION A. COVERAGE, 4.

Additional Coverages, g. Ordinance or Law for Demolition 

Costs for the building that has

suffered "loss".

(3) Increased Costs of Construction

Loss payment for Increased Costs

of Construction will be determined 

as follows:

(a) We will not pay for the increased

cost of construction until the

property is actually repaired or

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

are made as soon as reasonably

possible after the direct "loss", not to exceed two years. We 

may extend this period in writing

during the two years.

(b) If the building is repaired or replaced at the same "premises", or if you elect to rebuild at another "premises", the most we

will pay for the Increased cost 

of construction is the lesser of:

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

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

Coverages, g. Ordinance

or Law for Increased

Costs of Construction for 

the building that has suffered "loss".

(c) If the ordinance or law requires

relocation to another location the 

most we will pay for the increased cost of construction is

the lesser of:

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

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

Coverages, g. Ordinance

or Law for Increased

Costs of Construction for 

the building that has suffered "loss".

(4) Proportional Payments

If the building or structure sustains

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

Coverage Part; and as a result of the 

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

or law, we will not pay the full amount 

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

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

the covered direct "loss" bears to the

total direct "loss".

j. Loss Determination - Business Income

and Extra Expense

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

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

(a) The Net Income of the business

before the direct "loss" occurred;

(b) The likely Net Income of the

business if no direct "loss" had

occurred, but not including any

Net Income that would likely

have been earned as a result of

an increase in the volume of 

business due to favorable business conditions caused by the

impact of the Covered Cause of

Loss on customers or on other

businesses;

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

to resume "operations" with the

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

and

(d) Other relevant sources of information, including;

1) Your financial records and

accounting procedures;

2) Bills, invoices and other

vouchers; and

3) Deeds, liens or contracts.

(2) The amount of Extra Expense will be

determined based on:

(a) All expenses that exceed the

normal operating expenses that

would have been incurred by

"operations" during the "period 

of restoration" if no direct "loss"

had occurred. We will deduct 

from the total of such expenses:

1) The salvage value that remains of any property

bought for temporary use

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

2) Any Extra Expense that is

paid for by other insurance,

except for insurance that is

written subject to the same

plan, terms, conditions and

provisions as this insurance;

and

(b) Necessary expenses that reduce

the "Business Income" and

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

(3) Resumption of Operations

We will reduce the amount of your:

(a) "Business Income" and "Rental

Value" "loss", other than Extra

Expense, to the extent you can

resume your "operations", in

whole or in part, by using damaged or undamaged property

(including merchandise or "stock") at the "premises" or 

elsewhere.

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

to normal and discontinue such 

Extra Expense.

(4) If you do not resume "operations", or 

do not resume "operations" as quickly as possible, we will pay based on

the length of time it would have taken 

to resume "operations" as quickly as

possible. k. Party Walls

A party wall is a wall that separates and is

common to adjoining buildings that are

owned by different parties. In settling

covered losses involving a party wall, we 

will pay a proportion of the "loss" to the

party wall based on your interest in the 

wall in proportion to the interest of the 

owner of the adjoining building. However, 

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

building, we will pay you the full value of 

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

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

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(1) Limit of Insurance shown in the Declarations;

(2) SECTION D. LOSS CONDITIONS, 

7. Valuation; and

(3) SECTION E. ADDITIONAL CONDITIONS, 1. Coinsurance. Our payment under the provisions of this

paragraph does not alter any right of subrogation we may have against any entity,

including the owner or insurer of the adjoining building, and does not alter the

terms of COMMERCIAL PROPERTY 

CONDITIONS, I. Transfer Of Rights Of 

Recovery Against Others To Us in this 

Coverage Part.

5. Recovered Property

If either you or we recover any property after

loss settlement, that party must give the other 

prompt notice. At your option, the property will 

be returned to you. You must then return to us 

the amount we paid to you for the property. We will pay recovery expenses and the expenses to repair the recovered property, subject to the Limit of Insurance.

6. Vacancy

a. Description of Terms

(1) As used in this Vacancy Condition,

the term building and the term vacant 

have the meanings set forth in (1)(a)

and (1)(b) below:

(a) When this Coverage Part is issued to a tenant, and with respect to that tenant's interest in

Covered Property, building

means the unit or suite rented or

leased to the tenant. Such building is vacant when it does not 

contain enough business personal property to conduct customary operations.

(b) When this Coverage Part is issued to the owner or general

lessee of a building, building

means the entire building. Such

building is vacant unless at least

31% of its total square footage 

is:

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

conduct their customary operations; or

2) Used by the building owner

to conduct customary operations.

(2) Buildings under construction or renovation are not considered vacant.

b. Vacancy Provisions

If the building where direct "loss" occurs

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

(1) Not pay for any "loss" caused by any 

of the following, even if they are 

Covered Causes of Loss:

(a) Vandalism;

(b) Sprinkler leakage, unless you

have protected the system 

against freezing;

(c) Building glass breakage;

(d) Water damage;

(e) Theft; or

(f) Attempted theft.

(2) Reduce the amount we would otherwise pay for the "loss" by 15% with

respect to Covered Causes of Loss 

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

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

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

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

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

d., and e. below. b. If the Limit of Insurance for Building satisfies SECTION E. ADDITIONAL CONDITIONS, 1. Coinsurance, and the cost to

repair or replace the damaged building 

property is $2,500 or less, we will pay the 

cost of building repairs or replacement.

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

attributable to enforcement of or compliance with any ordinance or law regulating 

the construction, use or repair of any 

property. However, the following property 

will be valued at actual cash value even

when attached to the building:

(1) Awnings or floor coverings;

(2) Appliances for refrigerating, ventilating, cooking, dishwashing or laundering; or

(3) Outdoor equipment or furniture. c. "Stock" you have sold but not delivered at 

the selling price less discounts and expenses you otherwise would have had.

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d. Glass at the cost of replacement with

safety glazing material if required by law.

e. Tenant's Improvements and Betterments

at:

(1) Replacement Cost of the lost or

damaged property if you make repairs promptly.

(2) A proportion of your original cost if

you do not make repairs promptly. We will determine the proportionate 

value as follows:

(a) Multiply the original cost by the

number of days from the "loss" or damage to the expiration of

the lease; and

(b) Divide the amount determined in

(a) above by the number of days

from the installation of improvements to the expiration of the

lease.

If your lease contains a renewal option, the expiration of the renewal option period will replace the expiration

of the lease in this procedure.

(3) Nothing if others pay for repairs or

replacement.

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

are not considered to be the personal 

property of others. SECTION E. ADDITIONAL CONDITIONS

The following conditions apply in addition to the

COMMON POLICY CONDITIONS and the COMMERCIAL PROPERTY CONDITIONS.

1. Coinsurance

If a Coinsurance percentage is shown in the 

Declarations, the following condition applies. a. We will not pay the full amount of any "loss" if the value of Covered Property at

the time of direct "loss" times the Coinsurance percentage shown for it in the

Declarations is greater than the Limit of

Insurance for the property.

Instead, we will determine the most we

will pay using the following steps:

(1) Multiply the value of Covered Property at the time of direct "loss" by the

Coinsurance percentage;

(2) Divide the Limit of Insurance of the 

property by the figure determined in

step (1);

(3) Multiply to the total amount of "loss", before the application of any deductible, by the figure determined in step

(2); and

(4) Subtract the deductible from the figure determined in step (3).

We will pay the amount determined in 

step (4) or the Limit of Insurance, whichever is less. For the remainder, you will 

either have to rely on other insurance or 

absorb the "loss" yourself. Example No. 1 (Underinsurance):

The value of the property is: $250,000

The coinsurance percentage is: 80%

The Limit of Insurance is: $100,000

The Deductible is: $250

The amount of "loss" is: $40,000

Step (1):

$250,000 X 80% = $200,000 (the

minimum amount of insurance to

meet your Coinsurance requirements)

Step (2):

$100,000 divided by $200,000 = .50

Step (3):

$40,000 X .50 = $20,000

Step (4):

$20,000 - $250 = $19,750.

We will pay no more than $19,750. The 

remaining $20,250 is not covered.

Example No. 2 (Adequate Insurance):

The value of the property is: $250,000

The coinsurance percentage is: 80%

The Limit of Insurance is: $200,000

The Deductible is: $250

The amount of "loss" is: $40,000

Step (1):

$250,000 X 80% = $200,000 (the

minimum amount of insurance to

meet your Coinsurance requirements)

Step (2):

$200,000 : $200,000 = 1.00

Step (3):

$40,000 X 1.00 = $40,000

Step (4):

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

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

in excess of the Deductible. No penalty

applies. b. If one Limit of Insurance applies to two or 

more separate items, this condition will

apply to the total of all property to which 

the limit applies. Example No. 3:

The values of the property are:

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

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

Personal Property at

Location No. 2: $75,000

250,000

The coinsurance percentage is: 90%

The Limit of Insurance for

Buildings and Personal

Property at Location

Nos. 1 and 2 is: $180,000

The Deductible is: $1,000

The amount of "loss" is:

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

Personal Property at

Location No. 2: $20,000

$50,000

Step (1):

$250,000 X 90% = $225,000

(the minimum amount of insurance to

meet your Coinsurance requirements

and to avoid the penalty shown below)

Step (2):

$180,000 : $225,000 = .80

Step (3):

$50,000 X .80 = $40,000

Step (4):

$40,000 - $1,000 = $39,000.

We will pay no more than $39,000. The 

remaining $11,000 is not covered.

2. Mortgage Holders

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

or structures to each mortgage holder 

shown in the Declarations in their order of

precedence, as interests may appear.

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

holder has started foreclosure or similar 

action on the building or structure.

d. If we deny your claim because of your 

acts or because you have failed to comply 

with the terms of this Coverage Part, the 

mortgage holder will still have the right to

receive loss payment if the mortgage 

holder:

(1) Pays any premium due under this

Coverage Part at our request if you

have failed to do so;

(2) Submits a signed, sworn statement 

of loss within 60 days after receiving 

notice from us of your failure to do

so; and

(3) Has notified us of any change in 

ownership, occupancy or substantial

change in risk known to the mortgage 

holder.

All of the terms of this Coverage Part will 

then apply directly to the mortgage holder.

e. If we pay the mortgage holder for any "loss" and deny payment to you because 

of your acts or because you have failed to 

comply with the terms of this Coverage

Part:

(1) The mortgage holder's rights under 

the mortgage will be transferred to us

to the extent of the amount we pay;

and

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

holder's claim will not be impaired.

At our option, we may pay to the mortgage holder the whole principal on the 

mortgage plus any accrued interest. In 

this event, your mortgage and note will be 

transferred to us and you will pay your 

remaining mortgage debt to us.

f. If we cancel this policy, we will give written notice to the mortgage holder at least:

(1) 10 days before the effective date of

cancellation if we cancel for your 

nonpayment of premium; or

(2) 30 days before the effective date of

cancellation if we cancel for any other reason.

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

give written notice to the mortgage holder 

at least ten days before the expiration

date of this policy.

SECTION F. OPTIONAL COVERAGES

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

each item.

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1. Agreed Value

a. The Additional Condition, Coinsurance, does not apply to Covered Property to 

which this Optional Coverage applies. We 

will pay no more for direct "loss" to that 

property than the proportion that the Limit 

of Insurance under this Coverage Part for 

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

deleted from the policy, the Additional 

Condition, Coinsurance, is reinstated and 

this Optional Coverage does not apply.

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

(1) On or after the effective date of this

Optional Coverage; and

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

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

a. The Limit of Insurance for property to

which this Optional Coverage applies will 

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

(1) The Limit of Insurance that applied

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

Part change amending the Limit of 

Insurance, multiplied by

(2) The percentage of annual increase 

shown in the Declarations, expressed 

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

multiplied by

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

the effective date of the most recent

policy change amending the Limit of

Insurance, divided by 365. In the

event of "loss", this number of days

ends at the original date of "loss". Example:

If: The applicable Limit of Insurance is: $100,000

The Annual percentage increase

is: 8%

The number of days since the

beginning of the policy year (or 

last policy change) is: 146

The amount of increase is

$100,000 X .08 X (146/365) = $3,200

3. Replacement Cost

a. Replacement Cost (without deduction for 

depreciation) replaces "Actual Cash Value" in SECTION D. LOSS CONDITIONS, 

7. Valuation of this BUILDING AND 

PERSONAL PROPERTY COVERAGE 

FORM. b. This Optional Coverage does not apply 

to:

(1) Personal Property of others, except 

leased personal property as described in SECTION A. COVERAGE,

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

which you are liable under the lease,

but not to exceed the replacement 

cost of the leased item. 

(2) Personal effects;

(3) Contents of a residence;

(4) Manuscripts;

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

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

(6) "Stock" unless the Replacement Cost 

including "Stock" option is shown in

the Declarations; or

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

(a) Is outdated, or obsolete and is

stored or not being used; or

(b) Has no practical value to you.

c. You may make a claim for "loss" covered

by this insurance on an "Actual Cash Value" basis instead of on a replacement 

cost basis. In the event you elect to have "loss" settled on an "Actual Cash Value" basis, you may still make a claim for the 

additional coverage this Optional Coverage provides if you notify us of your intent 

to do so within 180 days after the "loss". d. We will not pay on a replacement cost 

basis for any "loss":

(1) Until the lost or damaged property is

actually repaired or replaced with

other property of generally the same 

construction and used for the same 

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purpose as the lost or damaged 

property; and

(2) Unless the repairs or replacement 

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

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

(1) The Limit of Insurance applicable to

the lost or damaged property;

(2) The cost to replace, on the same "premises", the lost or damaged 

property with other property:

(a) Of comparable material and

quality; and

(b) Used for the same purpose; or

(3) The amount you actually spend that

is necessary to repair or replace the

lost or damaged property.

f. The cost of repair or replacement does

not include the increased cost attributable

to enforcement of or compliance with any 

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

structure except as provided in SECTION 

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

1. "Actual cash value" means replacement cost

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

2. "Business Income" means the:

a. Net Income (net profit or loss before income taxes) that would have been earned

or incurred; and

b. Continuing normal operating expenses

sustained, including payroll. 3. "Computer programs" means a set of related

electronic instructions which direct the operations and functions of a computer or device 

connected to it, which enable the computer or 

device to receive, process, store, retrieve or 

send data. 4. "Coverage term" means the following individual increment, or if a multi-year policy period,

increments, of time, which comprise the policy 

period of this Coverage Part: 

a. The year commencing on the Effective 

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

standard time at your mailing address

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

any period is for a period of less than 12

months, constitute individual "coverage

terms". The last "coverage term" ends at 

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

address shown in the Declarations on the

earlier of:

(1) The day the policy period shown in

the Declarations ends; or

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

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

Coverage Part, any "coverage term" is

extended for an additional period of less

than 12 months, that additional period of 

time will be deemed to be part of the last 

preceding "coverage term". 5. "Electronic data" means information, facts or "computer programs" stored as or on, created

or used on, or transmitted to or from computer

software (including systems and applications

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

tapes, drives, cells, data processing devices

or any other repositories of computer software 

which are used with electronically controlled 

equipment.

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

any retail outlet insured under this Coverage 

Part.

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

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

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

or released by fungi.

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

9. "Money" means:

a. Currency, coins and bank notes whether 

or not in current use; and

b. Travelers checks, registered checks and 

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

a. Your business activities occurring at the

"premises"; and

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

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

time that:

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

CIC0058

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Includes copyrighted material of Insurance

FM 101 05 16 Services Office, Inc., with its permission. Page 39 of 40

(1) The date when the property at the

"premises" should be repaired, rebuilt

or replaced with reasonable speed 

and similar quality; or

(2) The date when business is resumed 

at a new permanent location.

c. "Period of restoration" does not include

any increased period required due to the

enforcement of or compliance with any 

ordinance or law that:

(1) Regulates the construction, use or 

repair, or requires the tearing down

of any property; or

(2) Requires any insured or others to

test for, monitor, clean up, remove, 

contain, treat, detoxify or neutralize, or in any way respond to or assess 

the effects of "pollutants". d. The expiration date of the policy will not 

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

or thermal irritant or contaminant, including 

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

products and petroleum by-products, and

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

include but are not limited to substances 

which are generally recognized in industry or 

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

whether injury or damage is caused directly or 

indirectly by the "pollutants" and whether:

a. You are regularly or otherwise engaged in

activities which taint or degrade the environment; or

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

consists of :

a. Net Income (Net Profit or Loss before income taxes) that would have been earned

or incurred as rental income from tenant 

occupancy of the "premises" described in

the Declarations as furnished and

equipped by you, including fair rental value of any portion of the "premises" which 

is occupied by you; and

b. Continuing normal operating expenses

incurred in connection with that "premises", including:

(1) Payroll; and

(2) The amount of charges, which are

the legal obligation of the tenant(s) 

but would otherwise be your obligations. 15. "Securities" means negotiable and non- negotiable instruments or contracts representing either "money" or other property and includes:

a. Tokens, tickets, revenue and other 

stamps whether or not in current use; and

b. Evidences of debt issued in connection 

with credit or charge cards, which are not 

of your own issue; but does not include

"money". Lottery tickets held for sale are

not "securities" or evidences of debt. 16. "Sinkhole collapse" means the sudden settlement or collapse of earth supporting the Covered Property into subterranean voids created 

by the action of water on a limestone or similar 

rock formation. This does not include:

a. The cost of filling sinkholes;

b. Sinking or collapse of land into man-made 

subterranean cavities; or

c. The value of the land. 17. "Specified causes of loss" means fire; lightning; explosion; windstorm or hail; smoke; aircraft or vehicles; riot or civil commotion; vandalism; leakage from fire extinguishing equipment; "sinkhole collapse"; volcanic action; falling objects; weight of snow, ice or sleet; and 

water damage. a. Falling objects does not include "loss" to:

(1) Personal property in the open; or

(2) The interior of a building or structure, or property inside a building or structure, unless the roof or an outside 

wall of the building or structure is first 

damaged by a falling object. b. Water damage means:

(1) Accidental discharge or leakage of

water or steam as the direct result of 

the breaking apart or cracking of any 

part of a system or appliance (other 

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

(2) Accidental discharge or leakage of

water or waterborne material as the 

direct result of the breaking apart or 

cracking of a water or sewer pipe that

is located off the "premises" and is

part of a municipal potable water 

supply system or municipal sanitary 

sewer system, if the breakage or 

cracking is caused by wear and tear. 

CIC0059

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Includes copyrighted material of Insurance

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

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

BUILDING AND BUSINESS PERSONAL

PROPERTY, SECTION A. COVERAGE, 

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

cracking of a pipe which was caused by 

or related to weather-induced flooding,

even if wear and tear contributed to the 

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

terms of the Exclusion (g) Water, there is

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

or cracking attributable to wear and tear. 

To the extent that accidental discharge or 

leakage of water falls within the criteria

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

water is not subject to the provisions of

Exclusion (g) Water. 18. "Stock" means merchandise held in storage or

for sale, raw materials and in-process or finished goods, including supplies used in their 

packing or shipping.

19. "Suspension" means:

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

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

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

mean "money" or "securities" or "electronic

data", including the materials on which the

"electronic data" is recorded.

CIC0060

Case: 1:20-cv-04636 Document #: 9-1 Filed: 10/09/20 Page 61 of 327 PageID #:106
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. FLOOD COVERAGE SUPPLEMENTAL SCHEDULE

This endorsement modifies insurance provided under the following:

COMMERCIAL PROPERTY COVERAGE PART

SUPPLEMENTAL SCHEDULE

Blanket Flood Coverage

(Enter an "x" in the appropriate box to activate Coverage)

 ̈ The Blanket Flood Limit of Insurance applies at all "premises" shown in the Declarations for the following 

Covered Property:

Blanket Flood Limit of Insurance Flood Deductible

 ̈ Building  ̈ Business Income  ̈ Extra Expense  ̈ Business Personal Property

 ̈ Business Personal Property - Reporting  ̈ Property in the Open

X

8,500,000 25,000

X X X X

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ines

Blan od

erty:

n elo th f

- Repo

 ̈ Bus

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i

Property 

Building

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ble

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"pr

ines p

Flood 

d t all b e 

 ̈ Bus g erty in

ance

lies a

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nsur

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onal 

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nce 

s Pers

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Loc # Bldg #

Includes copyrighted material of Insurance

FA 104S 05 15 Services Office, Inc., with its permission.

CIC0061

Case: 1:20-cv-04636 Document #: 9-1 Filed: 10/09/20 Page 62 of 327 PageID #:107
SUPPLEMENTAL SCHEDULE

Scheduled Flood Coverage

Flood Coverage applies only at the "premises" and to the Covered Property as shown below:

Flood Flood

Loc # Bldg # Covered Property* Limit of Insurance Deductible

Includes copyrighted material of Insurance

FA 104S 05 15 Services Office, Inc., with its permission.

* Covered Property should be described as Building, Business Personal Property, Business Personal 

Property - Reporting, Business Income, Extra Expense, or Property in the Open.

CIC0062

Case: 1:20-cv-04636 Document #: 9-1 Filed: 10/09/20 Page 63 of 327 PageID #:108
Includes copyrighted material of Insurance

FA 104 05 16 Services Office, Inc., with its permission. Page 1 of 5

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. FLOOD COVERAGE ENDORSEMENT

This endorsement modifies insurance provided under the following:

COMMERCIAL PROPERTY COVERAGE PART

FLOOD COVERAGE SCHEDULE

A. Coverage and Coverage Locations

(Enter an "x" in the appropriate box)

Limit of Insurance

 ̈ Coverage for Flood applies at all locations and

for all Coverages shown in the Declarations

$

 ̈ Coverage applies for Flood at the Locations

and Covered Property scheduled below:

$

Loc Bldg Covered Property

$

B. Annual Aggregate

The most we will pay for "loss"from flood shall not exceed:

$ in any single "coverage term", regardless of the number of floods

C. Flood Deductible

$ is the deductible per flood

D.  ̈ Underlying Insurance Waiver ("x" box if this condition applies)

See SECTION L. Other Insurance for an explanation of this option.

X

SEE FA104S

25,000

CIC0063

Case: 1:20-cv-04636 Document #: 9-1 Filed: 10/09/20 Page 64 of 327 PageID #:109
Includes copyrighted material of Insurance

FA 104 05 16 Services Office, Inc., with its permission. Page 2 of 5

A. Flood Coverage

1. This endorsement applies to the Covered 

Property and Coverages for which a

Flood Limit of Insurance is shown in the

Flood Coverage Schedule or in the Declarations. 2. For the purposes of this endorsement only, BUILDING AND PERSONAL PROPERTY COVERAGE FORM, SECTION A. 

COVERAGE, 3. Covered Causes of 

Loss, a. Covered Causes of Loss is deleted in its entirety and replaced by the

following:

a. Covered Causes of Loss

(1) Flood, meaning the partial or

complete inundation of normally

dry land areas due to:

(a) The unusual or rapid accumulation or runoff of rain or

surface waters from any

source; or

(b) Waves, tidal waters, tidal

waves (including tsunami);

or 

(c) Water from rivers, ponds,

lakes, streams or any other

body of water that rises

above, overflows from, or is

not contained within its natural or man-made boundary; and

All whether driven by wind or 

not, including storm surge.

(2) Mudslides or mudflows, which

are caused by flooding as defined in Paragraph a.(1) above.

Mudslide or mudflow involves a

river of liquid and flowing mud 

on the surface of normally dry

land areas as when earth is carried by a current of water and

deposited along the path of the

current.

(3) Waterborne material carried or

otherwise moved by any of the

water referred to in Paragraph

a.(1) and a.(2) above, or material carried or otherwise moved by 

mudslide or mudflow.

All flooding in a continuous or protracted event will constitute a single

flood. B. Covered Property for Flood

Unless the following property has already 

been endorsed to become Covered Property,

for the purposes of this endorsement only, the 

following is added to BUILDING AND PERSONAL PROPERTY COVERAGE FORM, SECTION A. COVERAGE, 1. Covered Property:

1. Foundations below the lowest basement 

floor or the subsurface of the ground; and

2. Underground pipes, flues and drains. C. Property Not Covered by Flood

For the purposes of this endorsement only,

BUILDING AND PERSONAL PROPERTY 

COVERAGE FORM, SECTION A. COVERAGE, 2. Property Not Covered is amended

to include the following:

1. Property Not Covered includes any 

building or other property that is not eligible for flood insurance pursuant to the

provisions of the Coastal Barrier Resources Act, 16 U.S.C. 3501 et seq. and

the Coastal Barrier Improvement Act of 

1990, Pub. L. 101-591, 16 U.S.C. 3501 et

seq.

2. Property Not Covered includes boathouses and open structures, and any 

property in or on the foregoing, if the

structure is located on or over a body of 

water.

3. Even if bulkheads, pilings, piers, wharves, docks, or retaining walls that are not part 

of a building have been removed from 

Property Not Covered and added under 

1. Covered Property by separate endorsement, this Flood Coverage Endorsement does not apply to such property.

D. Revised Exclusions

For the purposes of this endorsement only:

1. In BUILDING AND PERSONAL PROPERTY COVERAGE FORM, SECTION A. 

COVERAGE, 3. Covered Causes of 

Loss, b. Exclusions, (1)(g) Water is 

amended to include the following:

To the extent that a part of this Water exclusion might conflict with coverage provided by this endorsement, that part of 

the Water exclusion does not apply.

2. BUILDING AND PERSONAL PROPERTY COVERAGE FORM, SECTION A. 

COVERAGE, 3. Covered Causes of 

Loss, b. Exclusions, (1)(b) Earth 

Movement is amended to include the following:

To the extent that a tsunami causes the

overflow of tidal waters, then Paragraph 

1) does not apply.

CIC0064

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Includes copyrighted material of Insurance

FA 104 05 16 Services Office, Inc., with its permission. Page 3 of 5

E. Exclusions

For the purposes of this endorsement only, 

BUILDING AND PERSONAL PROPERTY 

COVERAGE FORM, SECTION A. COVERAGE, 3. Covered Causes of Loss, b. Exclusions, (2) is amended to include the following:

Pre-Existing Flood or Flood at Inception

We will not pay for any "loss" caused by or 

resulting from any flood that begins before or 

within 72 hours after the inception date of this 

endorsement. However, this limitation does

not apply to a particular location if flood coverage was in effect for that location for at 

least 72 hours immediately prior to the inception date of this endorsement, under a policy 

issued by us or by another insurer, and this 

policy replaces the previous policy without a 

lapse in coverage. If you request and we provide an increase in the stated Limit of Insurance for flood during the term of this policy,

with the exception of an increase at the time 

of renewal of the policy, the increase will not 

apply to "loss" from any flood that begins before or within 72 hours after your request was 

made.

If the flood is due to the overflow of inland or 

tidal waters, then the flood is considered to 

begin when the water first overflows its banks.

Destabilization of Land

We will not pay for any "loss" caused by or 

resulting from destabilization of land arising 

from the accumulation of water in subsurface 

land areas. Cost of Restoring or Remediating Land

As stated in A. COVERAGE, 2. Property Not

Covered, land is not covered property, nor is 

the cost of excavations, grading, backfilling or 

filling. Therefore, coverage under this endorsement does not include the cost of restoring or remediating land due to the collapse or 

sinking of land caused by or resulting from 

flood. However, coverage under this endorsement includes damage to the covered 

portions of the building and to covered personal property, caused by collapse or sinking 

of land along the shore of a body of water as

the result of erosion or undermining caused 

by waves or currents of water which exceed 

the cyclical levels and cause flood.

Water Backup Discharged From Sewers, Drains, Septic or Sump Pump Systems

We will not pay for any "loss" caused by discharge of water or waterborne material from 

sewers, drains, septic systems, or sump 

pump systems or related equipment unless

such discharge results from flood and occurs

within 72 hours after the flood recedes.

Property in the Open

We do not cover any "loss" by flood to personal property in the open except to the extent that such coverage, if any, is specified in 

the Flood Coverage Schedule or in the Declarations.

F. Debris Removal from Flood

For the purposes of this endorsement only,

BUILDING AND PERSONAL PROPERTY 

COVERAGE FORM, SECTION A. COVERAGE, 4. Additional Coverages, b. Debris

Removal (and any additional limit for Debris

Removal under a LIMIT OF INSURANCE 

clause or an endorsement) is deleted in its entirety and replaced by the following:

b. Debris Removal

(1) We will pay your expense to remove 

debris of Covered Property and other 

debris that is on the "premises" when

such debris is caused by or results

from flood. However, we will not pay 

to remove deposits of mud or earth

from the grounds of the "premises".

(2) We will also pay the expense to remove debris of Covered Property that

has floated or been hurled off the

"premises" by flood.

(3) This Debris Removal Coverage does

not increase the applicable Limit of 

Insurance for flood. Therefore, the

most we will pay for the total of debris removal and "loss" to Covered

Property is the Limit of Insurance for 

flood that applies to the Covered

Property at the affected "premises" covered under this endorsement.

G. Flood for Newly Purchased, Leased or

Constructed Property

For the purposes of this endorsement only,

BUILDING AND PERSONAL PROPERTY 

COVERAGE FORM, SECTION A. COVERAGE, 5. Coverage Extensions, i. Newly 

Purchased, Leased or Constructed Property is amended to include the following:

(4) With respect to a building or structure

covered under this Coverage Extension, 

the amounts of coverage stated in Paragraphs (1) and (2) of this Coverage Extension do not apply to flood coverage. 

Instead, the most we will pay for all "loss"

to property covered under this Coverage

Extension is 10% of the total of all Limits 

of Insurance for flood coverage as provided under this endorsement. Such coverage does not increase the Limit of Insurance for flood.

CIC0065

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Includes copyrighted material of Insurance

FA 104 05 16 Services Office, Inc., with its permission. Page 4 of 5

(5) With respect to Flood Coverage, this 

Coverage Extension does not apply to 

any building or structure that is not fully 

enclosed by walls and roof.

H. Anti-Stacking of Flood Coverage

For the purposes of this endorsement only 

with respect to any applicable Additional

Coverages and Coverage Extensions in the

BUILDING AND PERSONAL PROPERTY 

COVERAGE FORM, other than those addressed in SECTIONS F. and G. of this endorsement, amounts payable under such other provisions, as set forth therein, do not increase the Limit of Insurance for flood.

I. Limit of Insurance for Flood

1. General Information

a. Flood coverage may be written at a 

Limit of Insurance that is equal to or 

less than the Limit of Insurance

which applies to other Covered 

Causes of Loss (e.g., fire) under this

BUILDING AND PERSONAL

PROPERTY COVERAGE FORM.

b. The Limit of Insurance for flood is

shown in the Flood Coverage 

Schedule or in the Declarations. If 

such Limit of Insurance is not shown,

then the Limit of Insurance applicable

to fire also applies to flood. 2. Application of Limit and Aggregate

a. The Limit of Insurance for flood is the 

most we will pay in a single occurrence of flood for "loss" caused by 

the flood. If there is more than one 

flood in a "coverage term" the most

we will pay for the total of all "loss" sustained during that "coverage

term" and caused by flood is the

amount that is identified as the Annual Aggregate for flood as shown in

the Flood Coverage Schedule or 

the Declarations.

b. If the Limit of Insurance and the Annual Aggregate amount are the

same, or if there is no amount stated 

as an Annual Aggregate, then the

Limit of Insurance is the most we will

pay for the total of all "loss" that is

caused by flood in a "coverage term", even if there is more than one occurrence of flood during that "coverage

term". Thus, if the first flood does not 

exhaust the applicable Limit of Insurance, then the balance of that Limit 

of Insurance is available for subsequent floods. c. If a single occurrence of flood begins

during one "coverage term" and ends

during the following "coverage term", any Limit of Insurance or Annual Aggregate applicable to the following

"coverage term" will not apply to that 

flood. d. If a Blanket Limit of Insurance option 

is selected on the Flood Coverage 

Schedule, that Blanket Limit of Insurance does not apply separately to 

the Locations, Covered Property or

Coverages listed. The Blanket Limit 

of Insurance is the most we will pay

for all "loss" to the indicated Covered 

Property/Coverages at the Locations

listed, subject to all other applicable

provisions of this Flood Coverage 

Endorsement. 3. Ensuing Loss

In the event of covered ensuing direct "loss", for example, direct "loss" caused

by fire, explosion and/or sprinkler leakage 

which results from the flood, the most we

will pay, for the total of all "loss" caused

by flood, fire, explosion and sprinkler 

leakage, is the Limit of Insurance applicable to fire. We will not pay the sum of the 

fire and flood Limits. EXAMPLES - ENSUING LOSS

The following two examples use these facts: In

both examples assume the policy contains the

BUILDING AND PERSONAL PROPERTY COVERAGE FORM (which covers fire) and this

FLOOD COVERAGE ENDORSEMENT. A building

is damaged by flood and by fire which is caused by

the flood. The value of the damaged building is

$1,000,000. The Limit of Insurance applicable to

the building is $800,000. The Limit of Insurance for

flood is $400,000. The flood deductible amount is

$5,000.

EXAMPLE #1

The damage due to flood is $500,000. The damage due to fire is $500,000.

Payment for flood damage is $400,000 ($500,000 

damage minus $5,000 flood deductible =

$495,000; Limit is $400,000)

Payment for fire damage is $400,000 ($500,000

damage capped at the difference between the

Basic Limit and the flood Limit)

Total Loss Payment is $800,000. EXAMPLE #2

The damage due to flood is $800,000. The damage due to fire is $100,000.

Payment for flood damage is $400,000 ($800,000 

damage minus $5,000 flood deductible =

$795,000; Limit is $400,000)

CIC0066

Case: 1:20-cv-04636 Document #: 9-1 Filed: 10/09/20 Page 67 of 327 PageID #:112
Includes copyrighted material of Insurance

FA 104 05 16 Services Office, Inc., with its permission. Page 5 of 5

Payment for fire damage is $100,000 (amount of 

damage)

Total Loss Payment is $500,000. Note: These Examples are given only to illustrate

the situation of flood and ensuing loss. Therefore,

the loss payment stated for flood damage does not 

address the situation where another policy also 

covers the flood damage.

J. Deductible

For the purposes of this endorsement only,

BUILDING AND PERSONAL PROPERTY 

COVERAGE FORM, SECTION C. DEDUCTIBLE is amended to include the following:

Flood Deductible

a. The deductible for coverage provided under this endorsement is the deductible

applicable to flood as shown in the Flood

Coverage Schedule. b. We will not pay that part of the "loss" that 

is attributable to any deductible(s) in the

National Flood Insurance Program policy.

c. If flood results in another Covered Cause 

of Loss and if both Covered Causes of 

Loss cause "loss", then only the higher

deductible applies (e.g., the Flood Deductible or the fire deductible).

d. The Flood Deductible does not apply to

the following:

(1) SECTION A. COVERAGE, 5. Coverage Extensions, h. Glass; and

(2) If endorsed to this policy, the following Coverage Forms:

(a) BUSINESS INCOME (AND EXTRA EXPENSE) COVERAGE

FORM;

(b) BUSINESS INCOME (WITHOUT EXTRA EXPENSE) COVERAGE FORM; and

(c) EXTRA EXPENSE COVERAGE

FORM.

K. Coinsurance

1. BUILDING AND PERSONAL PROPERTY COVERAGE FORM, SECTION E. 

ADDITIONAL CONDITIONS, 1. Coinsurance does not apply to this endorsement.

L. Other Insurance

For the purposes of this endorsement only,

SECTION G. Other Insurance of the COMMERCIAL PROPERTY CONDITIONS form is

deleted in its entirety and replaced by the following:

G. Other Insurance

1. Underlying Insurance Requirement

If the "loss" is also covered under a

National Flood Insurance Program 

(NFIP) policy, or if the property is eligible to be written under an NFIP policy but there is no such policy in effect, then we will pay only the amount

of "loss" in excess of the maximum 

limit that is eligible to be written under that NFIP policy. This provision

applies whether or not the maximum 

NFIP limit was obtained or maintained, and whether or not you can

collect on the NFIP policy. We will 

not, under any circumstances, pay 

more than the applicable Limit of Insurance for flood as stated in the

Flood Coverage Schedule or the

Declarations of this Coverage Part. However, this Provision G.1. Underlying Insurance Requirement does

not apply under the following circumstances:

a. At the time of "loss", the property 

is eligible to be written under an

NFIP policy but such policy is

not in effect due solely to ineligibility of the property at the time

this FLOOD COVERAGE ENDORSEMENT was written; or

b. An NFIP policy is not in effect 

because we have agreed to

write this FLOOD COVERAGE 

ENDORSEMENT without underlying NFIP coverage. There is

such an agreement only if the

Flood Coverage Schedule or 

the Declarations indicate that the

Underlying Insurance Waiver

applies. 2. If there is other insurance covering

the "loss", other than that described 

in G.1. above, we will pay our share 

of the "loss". Our share is the proportion that the applicable Limit of Insurance under this endorsement bears

to the total of the applicable Limits of 

Insurance under all other such insurance. But we will not pay more than 

the applicable Limit of Insurance

stated in the Flood Coverage Schedule or the Declarations of this Coverage Part.

CIC0067

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Includes copyrighted material of Insurance

FA 268 05 16 Services Office, Inc., with its permission. Page 1 of 23

HOTEL COMMERCIAL PROPERTY

ENDORSEMENT

TABLE OF CONTENTS

Begins on Page:

Summary of Coverage Limits .............................................................................................................2

A. Accounts Receivable..................................................................................................................4

B. Debris Removal...........................................................................................................................4

C. Electronic Data Processing Property........................................................................................4

D. Ordinance or Law........................................................................................................................7

E. Peak Season ................................................................................................................................7

F. Personal Property of Others ......................................................................................................8

G. Tenant Move Back Expenses.....................................................................................................8

H. Valuable Papers and Records....................................................................................................8

I. Brands and Labels......................................................................................................................8

J. Business Income and Extra Expense .......................................................................................9

K. Contract Penalties.....................................................................................................................13

L. Customer Inconvenience Remuneration Expenses..............................................................13

M. Emergency Vacating Expenses...............................................................................................14

N. Voluntary Parting Under False Pretense ................................................................................14

O. Fences........................................................................................................................................14

P. Fine Arts.....................................................................................................................................14

Q. Fire Department Service Charge .............................................................................................14

R. Fire Protection Equipment Recharge......................................................................................15

S. Guests' Property Limitation.....................................................................................................15

T. Fungi, Wet Rot, Dry Rot, and Bacteria - Limited Coverage ..................................................15

U. Increased Real Estate Tax Assessment Expense..................................................................15

V. Inflation Guard ..........................................................................................................................15

W. Key and Lock Expense.............................................................................................................16

X. Keying Systems.........................................................................................................................16

Y. Nonowned Building Damage ...................................................................................................16

Z. Outdoor Property ......................................................................................................................17

AA. Paved Surfaces..........................................................................................................................17

BB. Personal Effects........................................................................................................................17

CC. Pollutant Clean Up and Removal.............................................................................................17

DD. Property Off Premises ..............................................................................................................17

EE. Radio and Television Receiving Equipment ..........................................................................18

FF. Refrigerated Property in Transit..............................................................................................18

GG. Signs...........................................................................................................................................18

HH. Temperature Change ................................................................................................................18

II. Transportation...........................................................................................................................20

JJ. Underground Property..............................................................................................................20

KK. Unintentional Error in Description ..........................................................................................20

LL. Unscheduled Appurtenant Buildings and Structures ...........................................................20

MM. Utility Services...........................................................................................................................21

NN. Water Backup Discharged from Sewers, Drains, Septic or Sump Pump Systems............22

OO. Blanket Coverage Limit............................................................................................................23

CIC0068

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Includes copyrighted material of Insurance

FA 268 05 16 Services Office, Inc., with its permission. Page 2 of 23

HOTEL COMMERCIAL PROPERTY

ENDORSEMENT

SUMMARY OF COVERAGE LIMITS

Blanket Coverages: Blanket Coverage Limit:

$

Accounts Receivable

Debris Removal

Electronic Data Processing Property:

Duplicate and Backup Electronic Data $2,000 Outside of the Blanket Coverage Limit

In Transit or Away from Premises $10,000 Included in the Blanket Coverage Limit

Newly Purchased or Leased Electronic Data

Processing Property

$10,000 Outside of the Blanket Coverage Limit

Worldwide Laptop Coverage

Ordinance or Law (Increased Construction

Costs and Demolition)

Peak Season

Personal Property of Others (including Replacement Cost, if that valuation applies under

the Building and Personal Property Coverage 

Form)

Tenant Move Back Expenses

Valuable Papers and Records

Other Coverages

(not subject to Blanket Coverage Limit):

Limit of Insurance:

Brands and Labels $25,000

Business Income and Extra Expense: $100,000

Business Income from Dependent 

Properties

$100,000 (subject to a 24 hour deductible)

Food Contamination Business Interruption $50,000 (sublimit, subject to a 24 hour deductible)

Interruption of Computer Operations $25,000 (sublimit, subject to a 24 hour deductible)

Newly Purchased or Leased Locations $100,000 for up to 180 days

Reservation System $10,000 (sublimit)

Special Event Cancellation $50,000 (sublimit)

Transit Business Income $25,000 (sublimit)

500,000

CIC0069

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Contract Penalties $25,000

Customer Inconvenience Remuneration Expenses$50,000 ($500 Per Person)

Emergency Vacating Expenses $25,000

Voluntary Parting Under False Pretense Subject to the Business Personal Property Limit of Insurance

Fences $15,000

Fine Arts $25,000

Fire Department Service Charge $25,000

Fire Protection Equipment Recharge Actual Cost Incurred

Fungi, Wet Rot, Dry Rot, and Bacteria - Limited

Coverage

$50,000

Increased Real Estate Tax Assessment Expense$50,000

Inflation Guard 4% on all Building Property referenced in the Declarations

Key and Lock Expense $15,000

Keying Systems $100,000

Nonowned Building Damage: $25,000

Loss caused by theft, burglary or robbery Up to the Business Personal Property (BPP) Limit of Insurance

Loss by any other Covered Cause of Loss $25,000 or the BPP Limit of Insurance (whichever is less)

Ordinance or Law (other than Increased Construction Costs and Demolition)Subject to the Building Limit of Insurance

Outdoor Property $25,000 ($1,000 for any one tree, shrub or plant)

Paved Surfaces $20,000

Personal Effects $25,000 ($2,500 for any one person and $1,000 for "loss" by 

theft)

Pollutant Clean Up and Removal $50,000

Property Off Premises $50,000

Radio and Television Receiving Equipment $15,000

Refrigerated Property in Transit $25,000

Signs $25,000

Temperature Change $50,000

Transportation $50,000

Underground Property Subject to the Building Limit of Insurance

Unintentional Error in Description included

Unscheduled Appurtenant Buildings and Structures$10,000

Utility Services (off premises water, communication, and power supply), for direct and time element "loss" Overhead communication transmission, distribution, service or similar lines$75,000

$5,000 sublimit with 24 hour waiting period

Water Backup Discharged from Sewers, Drains, Septic or Sump Pump Systems$100,000

CIC0070

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THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. HOTEL COMMERCIAL PROPERTY

ENDORSEMENT

This endorsement modifies insurance provided under the following:

COMMERCIAL PROPERTY COVERAGE PART

The insurance coverage and Limits of Insurance provided by this endorsement are excess of, and apply in addition to, any similar or identical coverage provided by any other endorsement attached to

this Coverage Part, or by any other Coverage Part forming a part of the policy of insurance of which

this Coverage Part forms a component.

SCHEDULE

Blanket Coverage Limit $

Applicable only to those coverages subject to the Blanket Coverage Limit, as indicated in this endorsement.

A. Accounts Receivable

For the purposes of this endorsement only, in 

BUILDING AND PERSONAL PROPERTY 

COVERAGE FORM, SECTION A. COVERAGE, 5. Coverage Extensions, a. Accounts 

Receivable, the last paragraph is deleted in 

its entirety and replaced by the following:

The most we will pay for loss in any one occurrence under this Coverage Extension is the

Blanket Coverage Limit as provided in Section 

OO. Blanket Coverage Limit of this endorsement.

B. Debris Removal

For the purposes of this endorsement only, 

BUILDING AND PERSONAL PROPERTY 

COVERAGE FORM, SECTION A. COVERAGE, 5. Coverage Extensions is amended to

include the following:

In the event that the limits of insurance stated 

in BUILDING AND PERSONAL PROPERTY 

COVERAGE FORM, SECTION A. COVERAGE, 4. Additional Coverages, b. Debris 

Removal are insufficient to fully cover a direct "loss" insured there under, you may apply the

Blanket Coverage Limit as provided in Section 

OO. Blanket Coverage Limit of this endorsement to such direct "loss" as is insured

under Additional Coverage b. Debris Removal. C. Electronic Data Processing Property

For the purposes of this endorsement only, 

BUILDING AND PERSONAL PROPERTY 

COVERAGE FORM, SECTION A. COVERAGE, 5. Coverage Extensions is amended to

include the following:

Electronic Data Processing Property

(1) Covered Property

You may extend the Coverage provided

by this Coverage Part to apply to direct "loss" to Covered Property consisting of 

your:

(a) Data processing equipment;

(b) Air conditioning and other electrical

equipment, used exclusively with

your data processing equipment;

(c) Programming documentation and instruction manuals;

(d) "Electronic data", but only as excess

over what is valid and collectible under SECTION A. COVERAGE, 5.

Coverage Extensions, d. Electronic Data;

(e) Media, meaning materials on which

"electronic data" is recorded, such as

magnetic tapes, disc packs, paper 

tapes and cards, floppy discs and

compact discs used in processing

units; and

(f) Property of others in your care, custody or control that is similar to property described in (1)(a) through (e)

above.

500,000

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(2) Property Not Covered

This Coverage Extension does not apply 

to:

(a) Accounts, records, documents and 

other "valuable papers and records" unless they are programming documentation or instruction manuals. However, we will cover these items

once they are converted to "electronic data" form.

(b) "Electronic data" or media that cannot be replaced with similar property 

of equal quality.

(c) Your property that you have rented or 

leased to someone else and that

property is not at your "premises".

(d) Any machine or apparatus that is

used for research, medical, diagnostic, surgical, dental or pathological

purposes.

(e) "Production equipment".

(3) Exclusions

(a) For this Coverage Extension only,

BUILDING AND PERSONAL

PROPERTY COVERAGE FORM, 

SECTION A. COVERAGE, 3. Covered Causes of Loss, b. Exclusions does not apply except as follows:

1) Exclusion (1)(c) Governmental

Action;

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

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

4) Exclusion (2)(b) Delay or Loss

of Use;

5) Exclusion (2)(d) Miscellaneous

Causes of Loss, 1) Wear and

tear;

6) Exclusion (2)(h) Dishonest or

Criminal Acts;

7) Exclusion (3)(b) Acts or Decisions; and

8) Exclusion (3)(c) Defects, Errors, and Omissions.

(b) In addition to Paragraph (3)(a) of this 

Coverage Extension, we will not pay

for the following:

Hidden or latent defect, gradual deterioration, and depreciation. However,

if direct "loss" by a Covered Cause of

Loss results, we will pay for that resulting direct "loss".

(4) Duplicate and Backup "Electronic Data" We will pay for direct "loss" resulting from 

any of the Covered Causes of Loss to 

duplicate and backup "electronic data"

that you store at a "premises" not described in the Declarations providing such "electronic data" is not covered by another policy. The most we will pay for "loss"

in any one occurrence is the Limit of Insurance indicated in the Summary of 

Coverage Limits. This Limit of Insurance 

for Duplicate and Backup "Electronic

Data" is in addition to the other limits provided by this Coverage Extension.

(5) In Transit or Away from Premises

For this Coverage Extension only, SECTION A. COVERAGE, 5. Coverage Extensions, e. Exhibitions, Fairs or Trade

Shows, m. Property Off Premises and

p. Transportation are deleted in their entirety and replaced by the following:

(a) We will pay for direct "loss" from a

Covered Cause of Loss to Covered

Property as described in Paragraph

(1) of this Coverage Extension:

1) While in or on a vehicle, including loading and unloading; or

2) While at a location that is not 

your "premises".

(b) This In Transit or Away from Premises coverage does not apply per location.

The most we will pay for loss in any one 

occurrence is the Limit of Insurance indicated in the Summary of Coverage Limits

e. This Limit of Insurance for In Transit 

or Away from Premises coverage is not 

in addition to the other limits provided by 

this Coverage Extension.

(6) Newly Purchased or Leased Electronic

Data Processing Property

For this Coverage Extension only, 

BUILDING AND PERSONAL PROPERTY COVERAGE FORM, SECTION A. 

COVERAGE, 5. Coverage Extensions, 

i. Newly Purchased, Leased or Constructed Property is deleted in its entirety and replaced by the following:

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

by a Covered Cause of Loss to newly

purchased or leased Covered PropCIC0072

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erty described in Paragraph (1) of

this Coverage Extension while at:

1) Locations that are newly purchased or leased;

2) Your newly constructed buildings or additions at a "premises";

or

3) Any "premises" described in the

COMMERCIAL PROPERTY 

COVERAGE PART Declarations.

(b) Coverage provided under this Coverage Extension will end when any of

the following first occurs:

1) This Coverage Part expires;

2) 90 days pass from the date you

acquire your new property or 

move Covered Property to a

newly acquired location; or

3) You report values to us. The most we will pay for loss in any one 

occurrence is the Limit of Insurance indicated in the Summary of Coverage Limits. This Limit of Insurance in any one occurrence for Newly Purchased or Leased

Electronic Data Processing Property is

in addition to the other limits provided by 

this Coverage Extension. 

(7) Worldwide Laptop Coverage

(a) We will pay for direct "loss" from a

Covered Cause of Loss to your laptops, notebooks and similar highly 

portable personal computers, including their peripherals and accessories, while such specific Covered Property 

is:

1) In your or your employee's care, 

custody and control;

2) Not located at a premises you

own or lease; and

3) Not located in the coverage territory stated in Paragraph 2. of the 

Commercial Property Condition

H. Policy Period, Coverage

Territory, provided that location

is not under a United States Department of State trade or travel

restriction at the time of "loss".

(b) This Worldwide Laptop Coverage

does not apply per location.

(8) Electronic Data Processing Property 

Deductible

For this Coverage Extension only, SECTION C. DEDUCTIBLE is amended to include the following:

We will not pay, for "loss" in any one occurrence unless the amount of "loss" exceeds the Deductible shown in the

COMMERCIAL PROPERTY COVERAGE PART DECLARATIONS. We will

then pay the amount of "loss" in excess of 

the Deductible, up to the Limit of Insurance provided by this Coverage Extension.

However, "loss" caused by or resulting 

from any of the following Causes of Loss 

will have the greater of the Deductible

shown in the COMMERCIAL PROPERTY 

COVERAGE PART DECLARATIONS or 

$1,000 as the applicable deductible:

a. "Loss" caused by faulty construction,

error in design or processing, or service or work upon the data processing system;

b. "Loss" resulting in mechanical break- down, short circuiting, blowout, or 

other electrical damage, unless

caused by lightning; or

c. "Loss" caused by or resulting from interruption of power supply, power 

surge, blackout or brownout.

(9) Electronic Data Processing Property 

Valuation

For this Coverage Extension only, SECTION D. LOSS CONDITIONS, 7. Valuation is deleted in its entirety and replaced

by the following:

7. Valuation of Electronic Data Processing Property

In the event of direct "loss", we will

determine the value of Covered

Property as described in Paragraph

(1) of this Coverage Extension as follows:

a. Except for "electronic data":

(1) If you repair or replace this

Electronic Data Processing

property within a reasonable

time following the direct "loss", the property will be

valued at the full cost of repair or replacement. However, the most we will 

pay is the least of the following:

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(a) The actual cost to repair or restore the 

property with materials

of like kind and quality;

(b) The cost of replacing 

that property with property of similar quality 

and function;

(c) The amount you actually and necessarily

spend to repair or replace the property; or

(d) The Limit of Insurance 

applicable to the property.

(2) If you do not repair or replace this property within a

reasonable time following a

direct "loss", the most we 

will pay will be the least of

the following:

(a) "Actual cash value" of

the property;

(b) "Actual cash value" of

repairs with material of 

like kind and quality; or

(c) The Limit of Insurance 

applicable to the property.

We reserve the right to repair or replace the property

or to pay for the property in

money.

In the event of "loss", the 

value of property will be determined at the time of direct "loss". b. For "electronic data" We will not pay more than the

actual reproduction costs of your "electronic data". If you do not

replace or reproduce your "electronic data" following the direct "loss", the most we will pay is

the cost of blank media as described in Paragraph (1)(e) of 

this Coverage Extension.

(10) Electronic Data Processing Property Additional Definition

The following definition is added to

BUILDING AND PERSONAL PROPERTY COVERAGE FORM, SECTION 

G. DEFINITIONS:

"Production equipment" means any 

machinery and related components,

including any integrated or dedicated

computer system, which is used, or

can be used, to produce or process

other tangible property.

The most we will pay for loss in any one occurrence under this Electronic Data Processing Property Coverage Extension is the

Blanket Coverage Limit as provided in Section 

OO. Blanket Coverage Limit of this endorsement. D. Ordinance or Law

For the purposes of this endorsement only, in

BUILDING AND PERSONAL PROPERTY 

COVERAGE FORM, SECTION A. COVERAGE, 4. Additional Coverages, g. Ordinance or Law, the last paragraph is deleted in 

its entirety and replaced by the following:

The most we will pay for loss in any one occurrence under Paragraph (a) Loss of Use of 

Undamaged Parts of the Building is the 

Limit of Insurance shown in the COMMERCIAL PROPERTY COVERAGE PART DECLARATIONS as applicable to the covered 

building or structure sustaining "loss". This 

Coverage is included within, and not in addition to, that applicable Limit of Insurance. 

The most we will pay for all loss in any one 

occurrence under Paragraph (b) Demolition

Costs and Paragraph (c) Increased Costs of 

Construction is the Blanket Coverage Limit 

indicated in the Hotel Commercial Property 

Endorsement Schedule of this endorsement

per building or structure sustaining "loss". This is an additional Limit of Insurance applicable to the building or structure sustaining

"loss". E. Peak Season

For the purposes of this endorsement only,

BUILDING AND PERSONAL PROPERTY 

COVERAGE FORM, SECTION A. COVERAGE, 5. Coverage Extensions is amended to 

include the following:

Peak Season

1. In the event that the Limit of insurance 

stated in the Declarations for Business

Personal Property is insufficient to fully 

insure a covered direct "loss" due to a 

Peak Season Demand for your inventory, 

you may apply the Blanket Coverage Limit as provided in Section OO. Blanket 

Coverage Limit of this endorsement to

that direct "loss". 2. Peak Season Demand means a temporary (90 consecutive days or less) increase in your inventory to meet a seasonal demand as verified by:

CIC0074

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a. Your previous inventory records for 

that historical period of time; and

b. Custom and practice in your industry.

F. Personal Property of Others

For the purposes of this endorsement only,

BUILDING AND PERSONAL PROPERTY 

COVERAGE FORM, SECTION A. COVERAGE, 5. Coverage Extensions is amended to 

include the following:

Personal Property of Others

1. In the event that the Limit of Insurance 

stated in the COMMERCIAL PROPERTY 

COVERAGE PART DECLARATIONS for 

Business Personal Property is insufficient 

to fully insure a covered direct "loss" to

both your Covered Personal Property and 

property described in SECTION A. COVERAGE, 1. Covered Property, d. Business Personal Property, Paragraph (8), you may apply the Blanket Coverage Limit as provided in Section OO. Blanket 

Coverage Limit of this endorsement to

such property as described in SECTION 

A. COVERAGE, 1. Covered Property, d. Business Personal Property, (8). 2. For this Coverage Extension only, SECTION F. OPTIONAL COVERGES, 3. Replacement Cost, b.(1) does not apply.

G. Tenant Move Back Expenses

For the purposes of this endorsement only, 

BUILDING AND PERSONAL PROPERTY 

COVERAGE FORM, SECTION A. COVERAGE, 5. Coverage Extensions is amended to

include the following:

Tenant Move Back Expenses

1. We will reimburse you for expenses you 

pay for Covered Move Back Costs of your 

tenants who temporarily vacate a portion 

of the building at a "premises". The vacancy must have occurred while the portion of the building rented by your tenant 

could not be occupied due to direct "loss"

to your Covered Property caused by or 

resulting from a Covered Cause of Loss

during the "coverage term". The move 

back must be completed within 60 calendar days after the portion of the building

rented by your tenant has been repaired

or rebuilt and is ready for occupancy.

2. Covered Move Back Costs means only 

documented, reasonable and necessary 

costs of:

a. Packing, insuring and transporting

business personal property;

b. Re-establishing electric utility and 

communication services, less refunds

from discontinued services;

c. Assembling and setting up fixtures

and equipment; or

d. Unpacking and re-shelving stock and 

supplies. 3. If your tenants have valid and collectible

insurance for Covered Move Back Costs, 

we will pay only for the amount of Covered Move Back Costs in excess of the

amount payable from such other insurance. 4. The most we will pay for in any one occurrence for (the sum of all Covered 

Move Back Costs under this Coverage 

Extension is the Blanket Coverage Limit 

as provided in Section OO. Blanket Coverage Limit of this endorsement. H. Valuable Papers and Records

For the purposes of this endorsement only, in 

BUILDING AND PERSONAL PROPERTY 

COVERAGE FORM, SECTION A. COVERAGE, 5. Coverage Extensions, r. Valuable 

Papers and Records, the last paragraph is

deleted in its entirety and replaced by the following:

The most we will pay for loss in any one occurrence under this Coverage Extension is the

Blanket Coverage Limit as provided in Section 

OO. Blanket Coverage Limit of this endorsement.

I. Brands and Labels

For the purposes of this endorsement only, 

BUILDING AND PERSONAL PROPERTY 

COVERAGE FORM, SECTION A. COVERAGE, 5. Coverage Extensions is amended to

include the following:

Brands and Labels

(1) If branded or labeled merchandise that is

Covered Property is damaged by a Covered Cause of Loss, we may take all or 

any part of the property at an agreed or 

appraised value. If so, you may:

(a) Stamp "salvage" on the merchandise

or its containers, if the stamp will not

physically damage the merchandise; 

or

(b) Remove the brands or labels, if doing

so will not physically damage the 

merchandise. You must relabel the

merchandise or its containers to

comply with the law.

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

occurrence under Brands and Labels is

CIC0075

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the Limit of Insurance indicated in the Hotel Commercial Property Endorsement 

Summary of Coverage Limits. J. Business Income and Extra Expense

For the purposes of this endorsement only,

BUILDING AND PERSONAL PROPERTY 

COVERAGE FORM, SECTION A. COVERAGE, 5. Coverage Extensions, b. Business

Income and Extra Expense is modified as 

follows:

1. Business Income from Dependent

Properties

a. For Business Income from Dependent Properties only, Paragraph

(1) is deleted in its entirety and replaced by the following:

(1) We will pay for the actual loss of "Business Income" you sustain 

due to the necessary "suspension" of your "operations" during 

the "period of restoration". The "suspension" must be caused by 

direct "loss" to "dependent property" caused by or resulting from 

any Covered Cause of Loss. However, coverage under this

endorsement does not apply

when the only "loss" to "dependent property" is "loss" to "electronic data", including destruction or corruption of "electronic

data". If the "dependent property" sustains "loss" to "electronic

data" and other property, coverage under this endorsement will

not continue once the other

property is repaired, rebuilt, or

replaced.

b. Limit of Insurance for Dependent 

Properties

The most we will pay for loss in any

one occurrence under Business Income from Dependent Properties

is the Limit of Insurance indicated in

the Summary of Coverage Limits. This Limit of Insurance is included

within, and is not in addition to, the

Limit of Insurance for the Business

Income and Extra Expense Coverage Extension. c. Loss Determination for Dependent 

Properties

For this Coverage Extension only,

the following is added:

Resumption of Operations

We will reduce the amount of your:

(1) "Business Income" loss, other 

than Extra Expense, to the extent you can resume "operations", in whole or in part, by using any other available:

(a) Source of materials; or

(b) Outlet for your products.

(2) Extra Expense loss to the extent 

you can return "operations" to

normal and discontinue such Extra Expense.

d. Definitions

(1) BUILDING AND PERSONAL

PROPERTY COVERAGE

FORM, SECTION G. DEFINITIONS is amended to include 

the following:

"Dependent Property" means

property operated by others

whom you depend on to:

(a) Deliver materials or services

to you or to others for your 

account (Contributing Locations). But any property 

which delivers the following

services is not a Contributing Location with respect 

to such services:

1) Water Supply services;

2) Power Supply services; 

or

3) Communication Supply

services, including services relating to internet 

access or access to 

any electronic network;

(b) Accept your products or

services;

(c) Manufacture products for 

delivery to your customers

under contract of sale; or

(d) Attract customers to your

business.

(2) For Business Income from 

Dependent Properties only, SECTION G. DEFINITIONS, 11. "Period of restoration", is deleted

in its entirety and replaced by

the following:

"Period of restoration" means

the period of time that:

(a) Begins 24 hours after the

time of direct "loss" caused 

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by or resulting from any

Covered Cause of Loss at

the "premises" of the "dependent property"; and

(b) Ends on the date when the

property at the "premises" of the "dependent property" should be repaired, rebuilt

or replaced with reasonable

speed and similar quality.

"Period of restoration" does not 

include any increased period required due to the enforcement of

any ordinance or law that:

(a) Regulates the construction,

use or repair, or requires

the tearing down of any

property; or

(b) Requires any insured or

others to test for, monitor,

clean up, remove, contain,

treat, detoxify or neutralize,

or in any way respond to, or

assess the effects of "pollutants". The expiration date of this Coverage Part will not cut short the

"period of restoration". 2. Civil Authority

For Civil Authority only, COVERAGE, 5. 

Coverage Extensions, b. Business Income and Extra Expense, (3) Civil Authority is deleted in its entirety and replaced by the following:

(3) Civil Authority

When a Covered Cause of Loss

causes damage to property other

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

Extra Expense you sustain caused 

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

that both of the following apply:

(a) Access to the area immediately

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

(b) The action of civil authority is

taken in response to dangerous

physical conditions resulting

from the damage or continuation 

of the Covered Cause of Loss

that caused the damage, or the

action is taken to enable a civil

authority to have unimpeded access to the damaged property.

This Civil Authority coverage will

apply for a period of up to 180

consecutive days from the date

of that action.

3. Extended Business Income

For Extended Business Income only, 

Paragraph b.(6)(a)2)b) is deleted in its

entirety and replaced by the following:

b) 180 consecutive days after the date

determined in b.(6)(a)1) above. 4. Food Contamination Business Interruption 

a. For Food Contamination Business 

Interruption only, Paragraph (1) is

deleted in its entirety and replaced by

the following:

(1) 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 directly by "food contamination" declared by the Board of Health 

or other governmental body at a

"premises". b. You may use up to $10,000 of the

Limit of Insurance applicable to Food

Contamination Business Interruption after a declaration of "food contamination" at a "premises" by the

Board of Health or other governmental body to pay for:

(1) Your cost to clean your equipment at the "premises" according to local Board of Health requirements;

(2) Your costs to replace consumable goods declared contaminated by the local Board of Health

or other governmental body;

(3) Necessary medical tests and

vaccines for affected employees

as required by the Board of

Health or other governmental

body. This coverage is primary 

to any other insurance coverage; 

and

(4) Reimbursement of infected patrons for medical care, hospitalization and necessary blood testing. c. With respect only to Food Contamination Business Interruption, SECTION A. COVERAGE, 3. Covered Causes of Loss, b. ExcluCIC0077

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sions, Paragraph (1) is amended to

include the following:

Fines or Penalties

Fines or penalties of any kind. d. With respect only to Food Contamination Business Interruption, SECTION D. LOSS CONDITIONS, Condition 3. Duties in the Event of

Loss or Damage is deleted in its entirety and replaced by the following:

3. Duties in the Event of Loss or

Damage

You must see that the following

are done in the event of "food

contamination" declared by the 

Board of Health or other governmental body at a "premises":

a. Give us prompt notice of the

declaration by the Board of 

Health or other governmental body, identifying the

"premises" involved;

b. Notify any public authority

that may have jurisdiction

over the incident;

c. As soon as possible, give

us a description of how,

when and where the "food

contamination" was first discovered;

d. Resume all of your "operations" as quickly as possible, we will pay based on

the time it would have taken

to resume "operations" as

quickly as possible;

e. 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;

f. Cooperate with us in the investigation or settlement of

the claim; and

g. Do, or have done on your

behalf, all things reasonably

practical to avoid or diminish the loss.

e. With respect only to Food Contamination Business Interruption, SECTION G. DEFINITIONS is

amended as follows:

1. The following definitions are

added:

(a) "Communicable disease" means a bacterial microor- ganism transmitted through

human contact to food.

(b) "Food contamination" means the actual or alleged 

food poisoning or suspected

food poisoning of one or

more of your customers. The food contamination

must have resulted from 

tainted food purchased by

you or "communicable disease" transmitted by one or 

more of your employees. 2. Definition 2. "Business Income"

is deleted in its entirety and replaced by the following:

"Business Income" means the:

a. Net Income (net profit or

loss before income taxes)

that would have been 

earned or incurred;

b. Continuing operating expenses incurred, including

payroll expenses, necessary to resume "operations" with the same quality of

service that existed just before the declaration of "food

contamination" by the Board 

of Health or other governmental body at the "premises"; and

c. Extra advertising cost to restore the reputation of your 

business. 3. Definition 11. "Period of restoration" is amended as follows:

Paragraphs a. and b. are deleted in their entirety and replaced

by the following:

a. Begins 24 hours after the

declaration of "food contamination" at a "premises" by 

the Board of Health or other

governmental body.

b. Ends the earlier of:

(1) The date when the "premises" is cleared to

reopen for business, or 

should have been but 

for the lack of your due 

diligence, by the Board

of Health or other governmental body; or

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(2) The date when business is resumed at a 

new permanent location. e. Limit of Insurance for Food Contamination Business Interruption

The most we will pay for loss in any 

one occurrence under Food Contamination Business Interruption

is the Limit of Insurance indicated in

the Summary of Coverage Limits. This Limit of Insurance is included

within, and is not in addition to, the

Limit of Insurance for the Business

Income and Extra Expense Coverage Extension. 5. Interruption of Computer Operations

a. For Interruption of Computer Operations only, in BUILDING AND

PERSONAL PROPERTY COVERAGE FORM, 5. Coverage Extensions, b. Business Income and Extra Expense, all references to 

$2,500 in Paragraph b.(7)(c) are deleted and replaced with the following

phrase: 

The Limit of Insurance indicated in

the Summary of Coverage Limits. b. For Interruption of Computer Operations only, SECTION G. DEFINITIONS, 11. "Period of restoration", Paragraph a. is deleted in its entirety

and replaced by the following:

a. Begins 24 hours after the time of 

direct "loss". 6. Newly Purchased or Leased Locations

For Newly Purchased or Leased Locations only, Paragraph (6)(c) is deleted in

its entirety and replaced by the following:

(c) 180 days pass from the date you acquire or begin to construct the Covered Property.

7. Reservation Systems

a. For Reservation Systems only, 

Paragraph (1) is deleted in its entirety 

and replaced by the following:

(1) We will pay for the actual loss of "Business Income" you sustain 

due to the necessary "suspension" of your "operations" during 

the "period of restoration". The "suspension" must be caused by 

direct "loss" caused by or resulting from any Covered Cause of

Loss to the reservation system 

of a franchiser or to a service

upon which you depend for the

booking of your reservations. This franchiser or other service

cannot be owned by or leased to

you and does not include travel

agencies or online travel agencies. b. Limit of Insurance for Reservation 

Systems

The most we will pay for loss in any 

one occurrence under Reservation

Systems is the Limit of Insurance indicated in the Summary of Coverage

Limits. This Limit of Insurance is included within, and is not in addition

to, the Limit of Insurance for the 

Business Income and Extra Expense Coverage Extension. 8. Special Event Cancellation

a. For Special Event Cancellation only, Paragraph (1) is deleted in its entirety and replaced by the following:

(1) We will pay for the actual loss of "Business Income" you sustain 

due to the necessary "suspension" of your "operations" during 

the "period of restoration". The "suspension" must be caused by 

direct "loss" to property from a

Covered Cause of Loss that

causes the cancellation of a "special event". Such direct "loss" must occur away from 

your "premises" within the Coverage Territory.

Direct "loss" to property does not

include direct "loss" to property

that provides: 

(a) Water Supply service;

(b) Power Supply service; or

(c) Communication Supply service, including services relating to internet access or

access to any electronic 

network. b. Limits of Insurance for Special 

Event Cancellation

The most we will pay for loss in any 

one occurrence under Special Event

Cancellation is the Limit of Insurance indicated in the Summary of

Coverage Limits. This Limit of Insurance is included within, and is not in

addition to, the Limit of Insurance for

the Business Income and Extra

Expense Coverage Extension. 

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We will reduce the amount we pay by 

any income you earned from the use 

of a "guest room" that was reserved

for the "special event" and that was 

reserved prior to the "special event" cancellation. c. Definitions

For Special Event Cancellation only, BUILDING AND PERSONAL

PROPERTY COVERAGE FORM, 

SECTION G. DEFINITIONS is

amended to include the following definitions:

"Special Event" means any public or

private event including, but not limited to, any banquet, convention, concert, conference, seminar, wedding party, gathering or group meeting, taking place away from your "premises" and for which you have

reserved "guest rooms".

"Guest Room" means a room or suite 

of rooms designed and used as

sleeping accommodations. 9. Transit Business Income

a. For Transit Business Income only, 

Paragraph (1) is deleted in its entirety 

and replaced by the following:

(1) We will pay for the actual loss of "Business Income" you sustain 

due to the necessary "suspension" of your "operations" during 

the "period of restoration". The "suspension" must be caused by 

direct "loss" to Covered Property 

while in due course of transit,

caused by or resulting from any 

Covered Cause of Loss. b. Limit of Insurance for Transit

Business Income

The most we will pay under Transit 

Business Income is the Limit of Insurance indicated in the Summary of 

Coverage Limits in any one occurrence. This Limit of Insurance is included within, and is not in addition

to, the Limit of Insurance for the 

Business Income and Extra Expense Coverage Extension.

10. Business Income and Extra Expense

Revised Limits of Insurance

The last paragraph is deleted in its entirety and replaced by the following:

The most we will pay for loss in any one 

occurrence under this Business Income

and Extra Expense Coverage Extension

is the Limit of Insurance indicated in the 

Summary of Coverage Limits. K. Contract Penalties

For the purposes of this endorsement only, 

BUILDING AND PERSONAL PROPERTY 

COVERAGE FORM, SECTION A. COVERAGES, 4. Additional Coverage is amended

to include the following:

Contract Penalties

We will pay for written contract penalties you 

are required to pay due to your failure to provide your product or service as a direct result 

of a Covered Cause of Loss to Covered 

Property under this Coverage Part. The most we will pay for all penalties in any 

one "coverage term" is the Limit of Insurance

indicated in the Hotel Summary of Coverage 

Limits and is reduced by any coverage available under L. Customer Inconvenience 

Remuneration Expenses for that same customer. The Limit of Insurance provided by this

Coverage Extension does not apply per location. L. Customer Inconvenience Remuneration 

Expenses

For the purposes of this endorsement only, 

BUILDING AND PERSONAL PROPERTY 

COVERAGE FORM, SECTION A. COVERAGE, 5. Coverage Extensions is amended to

include the following:

Customer Inconvenience Remuneration 

Expenses

We will pay reasonable customer inconvenience expenses you incur due to a failure to

honor prearranged accommodations at your "premises". These expenses must result from 

direct "loss" to Covered Property at the "premises" as the result of a Covered Cause of 

Loss:

(1) The expenses include, but are not limited

to, your costs to secure replacement accommodations of like kind and quality;

(2) Your costs to transport your customers to 

replacement accommodations; and

(3) The costs to stay at the replacement accommodations; however, we will only reimburse you for the cost of the customer's 

replacement accommodations that are in 

excess of the cost they would have spent 

at your "premises" had a direct "loss" not 

occurred. 

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

the Summary of Coverage Limits but no more 

than $500 per customer.

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M. Emergency Vacating Expenses

For the purposes of this endorsement only, 

BUILDING AND PERSONAL PROPERTY 

COVERAGE FORM, SECTION A. COVERAGE, 5. Coverage Extensions is amended to

include the following:

Emergency Vacating Expenses

We will pay your actual and reasonable expenses to temporarily vacate the "premises", if 

vacating:

(a) Is necessary to prevent additional physical injury or threatened physical injury to

persons on "premises"; or

(b) Is required by civil authority.

The Emergency Vacating Expense only applies if there is actual or threatened direct "loss" to Covered Property by a Covered

Cause of Loss.

The most we will pay for loss in any occurrence under this Coverage Extension is the

Limit of Insurance indicated in the Summary of

Coverage Limits.

N. Voluntary Parting Under False Pretense

For the purposes of this endorsement only, 

the SECTION A. COVERAGE, 3. Covered 

Causes of Loss, b. Exclusions, (2)(i), Voluntary Parting Under False Pretense Exclusion does not apply to SECTION A. COVERAGE, 1. Covered Property, d. Business 

Personal Property. O. Fences

For the purposes of this endorsement only, 

BUILDING AND PERSONAL PROPERTY 

COVERAGE FORM, SECTION A. COVERAGE, 5. Coverage Extensions, f. Fences is

deleted in its entirety and replaced by the following:

Fences

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

Covered Cause of Loss to outdoor fences for 

which a Limit of Insurance is not shown in the

COMMERCIAL PROPERTY COVERAGE

PART DECLARATIONS that are located within 1,000 feet of the "premises". The most we 

will pay for loss in any one occurrence under 

this Coverage Extension is the Limit of Insurance indicated in the Summary of Coverage

Limits. P. Fine Arts

For the purposes of this endorsement only, 

BUILDING AND PERSONAL PROPERTY 

COVERAGE FORM, SECTION A. COVERAGE, 5. Coverage Extensions is amended to

include the following:

Fine Arts

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

Covered Cause of Loss under this Coverage Part to apply to paintings, etchings, pictures, tapestries, art glass windows, and other bona fide works of art of rarity, 

historical value, or artistic merit. The direct "loss" must be caused by or result

from a Covered Cause of Loss.

(2) The following exclusions in SECTION A. 

COVERAGE, 3. Covered Causes of 

Loss, b. Exclusions are deleted:

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

and

(b) Exclusion (1)(g) Water.

(3) SECTION D. LOSS CONDITIONS, 7. Valuation is deleted in its entirety and replaced by the following:

We will determine the value of Covered

Property in the event of direct "loss" at the 

market value at the time of direct "loss". The most we will pay for loss in any one 

occurrence under this Coverage Extension is the Limit of Insurance indicated in

the Summary of Coverage Limits. Q. Fire Department Service Charge

For the purposes of this endorsement only, 

BUILDING AND PERSONAL PROPERTY 

COVERAGE FORM, SECTION A. COVERAGE, 4. Additional Coverages, c. Fire Department Service Charge is deleted in its entirety and replaced by the following:

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 

the Limit of Insurance indicated in the

Summary of Coverage Limits in any one 

occurrence for your liability, which is determined prior to the direct "loss", for fire

department service charges:

(1) Assumed by contract or agreement; 

or

(2) Required by local ordinance. This Coverage is in addition to the Limits 

of Insurance shown in the Declarations

and applies per location. Such limit is the

most we will pay regardless of the number of responding fire departments or fire 

units, and regardless of the number or 

type of services performed.

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R. Fire Protection Equipment Recharge

For the purposes of this endorsement only, 

BUILDING AND PERSONAL PROPERTY 

COVERAGE FORM, SECTION A. COVERAGE, 4. Additional Coverages, d. Fire Protection Equipment Recharge is amended as

follows:

The last paragraph is deleted in its entirety

and replaced by the following:

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

actual cost you incur to recharge your automatic fire suppression system or portable fire 

extinguishers. This Coverage is in addition to

the Limits of Insurance shown in the COMMERCIAL PROPERTY COVERAGE PART

DECLARATIONS. S. Guests' Property Limitation

For the purposes of this endorsement only, 

BUILDING AND PERSONAL PROPERTY 

COVERAGE FORM, SECTION A. COVERAGE, 1. Covered Property, d. Business 

Personal Property, (8) is deleted in its entirety and replaced by the following:

(8) Personal Property of Others that is in your 

care, custody or control or for which you

are legally liable:

(a) This does not include personal effects owned by you, your officers, 

your partners, or if you are a limited 

liability company, your members or 

your managers, or your employees

(including leased and temporary 

workers); 

(b) This does not include property of

others for which you are legally liable

as:

1) A carrier for hire; or

2) An arranger of transportation,

including car loaders, consolidators, brokers, freight forwarders, or shipping associations; and

(c) This does include property of guests 

staying at your hotel, but only if direct "loss" is caused by or results from

fire, lightning, explosion, sprinkler 

leakage, or leakage from an automatic fire suppression system. T. Fungi, Wet Rot, Dry Rot, and Bacteria - Limited Coverage

For the purposes of this endorsement only, 

BUILDING AND PERSONAL PROPERTY 

COVERAGE FORM, SECTION A. COVERAGE, 5. Coverage Extensions, g. Fungi, 

Wet Rot, Dry Rot, and Bacteria - Limited 

Coverage, Paragraph (3) is deleted in its entirety and replaced by the following:

(3) For the coverage described under Paragraph g.(2) of this Coverage Extension, 

the most we will pay for "loss", regardless

of the number of claims, is the Limit of Insurance indicated in the Summary of 

Coverage Limits. This limit is the most we

will pay for the total of all "loss" arising out 

of all occurrences that take place in the

"coverage term". With respect to a particular occurrence of direct "loss" which results in "fungi", wet or dry rot, or bacteria, we will not pay more than a total of the 

Limit of Insurance indicated in the Summary of Coverage Limits even if the "fungi", wet or dry rot, or bacteria continues to 

be present or active, or recurs, in a subsequent "coverage term". U. Increased Real Estate Tax Assessment Expense

For the purposes of this endorsement only, 

BUILDING AND PERSONAL PROPERTY 

COVERAGE FORM, SECTION A. COVERAGE, 5. Coverage Extensions is amended to

include the following:

Increased Real Estate Tax Assessment Expense

We will pay the first increased real estate tax 

liability directly attributable to the increased 

real estate tax assessment resulting directly

from the repair or reconstruction of a Covered 

Property that is damaged by a Covered Cause 

of Loss that occurs during the "coverage

term". This Coverage Extension will apply only

if:

(a) The real estate tax increase is assessed

within 2 years of the covered "loss"; and

(b) The repair or reconstruction can be

shown to be the cause of the Real Estate

Tax Assessment Increase. The most we will pay for loss in any one occurrence under this Coverage Extension is the

lesser of the first increased real estate tax assessment or the Limit of Insurance indicated in

the Summary of Coverage Limits. V. Inflation Guard

For the purposes of this endorsement only,

the COMMERCIAL PROPERTY COVERAGE 

PART DECLARATIONS is amended to show "4%" in the OPTIONAL COVERAGES - Inflation Guard column for each scheduled Building Property. If an Inflation Guard percentage 

is already indicated on the COMMERCIAL

PROPERTY COVERAGE PART DECLARA- TIONS for that Building property, this 4% is

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excess of that Inflation Guard percentage for 

that Building property.

W. Key and Lock Expense

For the purposes of this endorsement only, 

BUILDING AND PERSONAL PROPERTY 

COVERAGE FORM, SECTION A. COVERAGES, 4. Additional Coverage, f. Key and 

Lock Expense is deleted in its entirety and 

replaced by the following:

f. Key and Lock Expense

(1) If a key or master key to your building 

at a "premises" is lost, stolen, damaged or otherwise compromised, we 

will pay the lesser of the cost to:

a. Re-key the lock;

b. Install a new lock cylinder;

c. Provide a new master key; or

d. Replace the existing lock with a

lock of similar kind and quality. 

(2) This Coverage does not apply to 

keys that were given to former employees.

The most we will pay for loss in any one 

occurrence under this Additional Coverage is the Limit of Insurance indicated in

the Summary of Coverage Limits. This 

Coverage is in addition to the Limits of Insurance shown in the Declarations. X. Keying Systems

For the purposes of this endorsement only, 

BUILDING AND PERSONAL PROPERTY 

COVERAGE FORM, SECTION A. COVERAGE, 4. Additional Coverages is amended

to include the following:

Keying Systems

(1) BUILDING AND PERSONAL PROPERTY COVERAGE FORM, SECTION A. 

COVERAGE, 1. Covered Property, d. 

Business Personal Property is extended to include your "keying systems". We 

will pay your necessary costs to upgrade

or replace your "keying systems" that 

have suffered direct "loss" caused by or

resulting from a Covered Cause of Loss. 

(2) BUILDING AND PERSONAL PROPERTY COVERAGE FORM, SECTION G. DEFINITIONS is amended to include the

following:

"Keying systems" means programmable 

keying systems and any other mechanical 

apparatus needed to make the card keys

perform as originally intended, including:

(a) Mechanically or electronically coded 

key cards;

(b) Card programmers;

(c) Card readers;

(d) Computers;

(e) Related alarms;

(f) Transceivers; or

(g) Power supplies. The most we will pay for loss in any one occurrence under this Additional Coverage is the

Limit of Insurance indicated in the Summary of

Coverage Limits. This coverage is in addition

to the Limits of Insurance shown in the COMMERCIAL PROPERTY COVERAGE PART

DECLARATIONS for Business Personal 

Property.

Y. Nonowned Building Damage

For the purposes of this endorsement only, 

BUILDING AND PERSONAL PROPERTY 

COVERAGE FORM, SECTION A. COVERAGE, 5. Coverage Extensions, j. Nonowned 

Building Damage is deleted in its entirety and

replaced by the following:

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

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

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

to that building;

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

attempted theft.

This Coverage Extension does not apply 

to:

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

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

(b) Expenses incurred to board up

openings or remove or replace

obstruction.

(2) Building materials and equipment 

removed from the "premises". The most we will pay for "loss" in any one

occurrence under this Coverage Extension is:

(1) The actual "loss" sustained up to the

applicable Limit of Insurance for 

Business Personal Property for "loss" caused by theft, burglary or robbery,

or the attempt of the foregoing; or

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(2) The applicable Limit of Insurance for 

Business Personal Property found in 

the COMMERCIAL PROPERTY 

COVERAGE PART DECLARA- TIONS or the Limit of Insurance indicated in the Summary of Coverage

Limits, whichever is less, for "loss" caused by any other Covered Cause

of Loss, not referenced in (1) above.

This Coverage Extension does not apply if you 

have purchased other insurance in your name 

on the building you occupy as required by the 

lease. Z. Outdoor Property

For the purposes of this endorsement only, in 

BUILDING AND PERSONAL PROPERTY

COVERAGE FORM, SECTION A. COVERAGE, 5. Coverage Extensions, k. Outdoor 

Property, the last paragraph is deleted in its

entirety and replaced by the following:

The most we will pay for loss in any one occurrence under this Coverage Extension is the

Limit of Insurance indicated in the Summary of

Coverage Limits, but not more than $1,000 for 

any one tree, shrub, or plant.

AA. Paved Surfaces

For the purposes of this endorsement only, 

BUILDING AND PERSONAL PROPERTY 

COVERAGE FORM, SECTION A. COVERAGE, 4. Additional Coverages is amended

to include the following:

Paved Surfaces

1. We will pay for direct "loss" resulting from 

any Covered Causes of Loss to bridges, roadways, walks, patios or other paved 

surfaces. 2. For this Additional Coverage, SECTION 

A. COVERAGE, 2. Property Not Covered, i. Paved Surfaces is deleted and 

replaced by the following:

i. Paved Surfaces

Bridges, roadways, walks, patios or

other paved surfaces;

except as provided in SECTION A. COVERAGE, 4. Additional Coverages. 3. The most we will pay for loss in any one 

occurrence under this Additional Coverage is the Limit of Insurance indicated in

the Summary of Coverage Limits. BB. Personal Effects

For the purposes of this endorsement only, in 

BUILDING AND PERSONAL PROPERTY 

COVERAGE FORM, SECTION A. COVERAGE, 5. Coverage Extensions, l. Personal 

Effects, the last two paragraphs are deleted in

their entirety and replaced by the following:

If theft is included as a Covered Cause of 

Loss under this Coverage Part, then this Coverage Extension has a $1,000 per occurrence

limitation for direct "loss" by theft.

The most we will pay for loss in any one occurrence under this Coverage Extension is the

Limit of Insurance indicated in the Summary of

Coverage Limits, but not more than $2,500 for 

the personal effects of any one person. CC. Pollutant Clean Up and Removal

For the purposes of this endorsement only, in 

BUILDING AND PERSONAL PROPERTY 

COVERAGE FORM, SECTION A. COVERAGE, 4. Additional Coverages, h. Pollutant 

Clean Up and Removal, the last paragraph is 

deleted in its entirety and replaced by the following:

The most we will pay for loss under this Additional Coverage for each "premises" is the 

Limit of Insurance indicated in the Summary of

Coverage Limits; this limit includes the sum of 

all covered expenses arising out of Covered

Causes of Loss during each "coverage term". This is in addition to the Limits of Insurance 

shown in the COMMERCIAL PROPERTY

COVERAGE PART DECLARATIONS. DD. Property Off Premises

For the purposes of this endorsement only, 

BUILDING AND PERSONAL PROPERTY 

COVERAGE FORM, SECTION A. COVERAGE, 5. Coverage Extensions, m. Property 

Off Premises is deleted in its entirety and replaced by the following:

m. Property Off Premises

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

by a Covered Cause of Loss to your 

Covered Property, including covered

personal property of others as described in SECTION A. COVERAGE,

1. Covered Property, d. Business 

Personal Property, while it is away 

from the "premises", if it is:

(a) Temporarily at a location you do

not own, lease, or operate; or

(b) In storage at a location you

lease, provided the lease was

executed for the first time after 

the beginning of the current "coverage term".

(2) This Coverage Extension does not

apply to Covered Property at exhibitions or fairs or in transit.

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The most we will pay for direct "loss" in

any one occurrence under this Coverage

Extension is the Limit of Insurance indicated in the Summary of Coverage Limits. The Limit of Insurance provided by this

Coverage Extension does not apply per 

location.

EE. Radio and Television Receiving Equipment

For the purposes of this endorsement only, 

BUILDING AND PERSONAL PROPERTY 

COVERAGE FORM, SECTION A. COVERAGE, 5. Coverage Extensions is amended to

include the following:

Radio and Television Receiving Equipment 

If Buildings are Covered Property in this Coverage Part, we will pay for direct "loss" caused

by a Covered Cause of Loss to your radio and 

television antennas, satellite dishes, and similar audio/visual receiving equipment, including 

their lead-in wiring, masts or towers that are

located within 1,000 feet of the "premises". The most we will pay for "loss" in any one occurrence under this Coverage Extension is the 

Limit of Insurance indicated in the Summary of

Coverage Limits. FF. Refrigerated Property in Transit

For the purposes of this endorsement only, 

BUILDING AND PERSONAL PROPERTY 

COVERAGE FORM, SECTION A. COVERAGE, 5. Coverage Extensions is amended to

include the following:

Refrigerated Property in Transit

You may extend the insurance that applies

under Coverage Extension p. Transportation

to food spoilage resulting from the mechanical 

failure of refrigeration equipment while in 

transit. The most we will pay for "loss" in any 

one occurrence under this Coverage Extension is the Limit of Insurance indicated in the 

Summary of Coverage Limits. GG.Signs

For the purposes of this endorsement only, in

BUILDING AND PERSONAL PROPERTY 

COVERAGE FORM, SECTION A. COVERAGE, 5. Coverage Extensions, n. Signs, the 

second paragraph is deleted in its entirety and 

replaced by the following:

The most we will pay for "loss" in any one occurrence under this Coverage Extension is the

Limit of Insurance indicated in the Summary of

Coverage Limits. HH. Temperature Change

For the purposes of this endorsement only, 

BUILDING AND PERSONAL PROPERTY 

COVERAGE FORM, SECTION A. COVERAGE, 5. Coverage Extensions is amended to

include the following:

Temperature Change

(1) Coverage

(a) For this Coverage Extension only,

BUILDING AND PERSONAL

PROPERTY COVERAGE FORM, 

SECTION A. COVERAGE, 1. Covered Property is deleted in its entirety and replaced by the following:

Covered Property means "perishable

stock" located in a building at a

"premises".

(b) BUILDING AND PERSONAL

PROPERTY COVERAGE FORM, 

SECTION A. COVERAGE, 2. Property Not Covered is deleted in its

entirety and replaced by the following:

Covered Property does not include: "Perishable Stock" Not in Buildings

"Perishable stock" located on buildings, in or on vehicles, or otherwise

in the open.

(2) Covered Causes of Loss

For this Coverage Extension only, 

BUILDING AND PERSONAL PROPERTY COVERAGE FORM, SECTION A. 

COVERAGE, 3. Covered Causes of 

Loss, a. Covered Causes of Loss is deleted in its entirety and replaced by the

following:

a. Covered Causes of Loss

Covered Causes of Loss means direct "loss" from "temperature 

change" to Covered Property unless

direct "loss" is:

1) Excluded in SECTION A. COVERAGE, 3. Covered Causes of 

Loss, b. Exclusions; or

2) Limited in SECTION A. COVERAGE, 3. Covered Causes of 

Loss, c. Limitations;

that follow.

(3) Excluded Causes of Loss

(a) For this Coverage Extension only,

BUILDING AND PERSONAL

PROPERTY COVERAGE FORM, SECTION A. COVERAGE, 3. Covered Causes of Loss, b. ExcluCIC0085

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sions does not apply to this Coverage Extension, except as follows:

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

2) Exclusion (1)(c) Governmental

Action;

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

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

5) Exclusion (1)(g) Water; or

6) Exclusion (1)(h) "Fungi", Wet 

Rot, Dry Rot, and Bacteria.

(b) In addition to Paragraph 3.a. of this

Coverage Extension, we will not pay 

for direct "loss" caused by or resulting from any of the following:

1) The disconnecting of any heating, refrigerating, cooling or humidity control system from the

source of its power;

2) The deactivation of electrical

power caused by the manipulation of any switch or other device

(on "premises") used to control 

the flow of electrical power or 

current;

3) The inability of an Electrical Utility Company or other power

source to provide sufficient pow- er due to:

(a) Lack of fuel; or

(b) Governmental order;

4) The inability of a power source

at the "premises" to provide sufficient power due to the lack of 

generating capacity to meet demand; or

5) Breaking of any glass that is a

permanent part of any heating,

refrigeration, cooling or humidity

control unit.

(4) Limits of Insurance

For this Coverage Extension only,

BUILDING AND PERSONAL PROPERTY COVERAGE FORM, SECTION B. 

LIMITS OF INSURANCE is deleted in its

entirety and replaced by the following:

SECTION B. LIMITS OF INSURANCE

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

one occurrence caused by "temperature change" is the Limit of Insurance

indicated in the Summary of Coverage Limits.

(b) This Temperature Change Limit of 

Insurance is not an additional amount 

of insurance and will not increase the 

Limit of Insurance shown for Business Personal Property or "stock" in 

the COMMERCIAL PROPERTY 

COVERAGE PART DECLARA- TIONS. 

(5) Duties in the Event of Loss

For this Coverage Extension only, 

BUILDING AND PERSONAL PROPERTY COVERAGE FORM, SECTION D.

LOSS CONDITIONS, 3. Duties in the 

Event of Loss or Damage, a.(2) is deleted in its entirety and replaced by the following:

(2) Give us immediate notice of direct "loss" caused by "temperature 

change". Also, include a description

of the damaged "perishable stock" and all damaged "perishable stock" must be made available to us for inspection and verification.

(6) Definitions

The following are added to BUILDING

AND PERSONAL PROPERTY COVERAGE FORM, SECTION G. DEFINITIONS:

"Perishable stock" means personal property:

(a) Preserved and maintained under

controlled conditions; and

(b) Susceptible to direct "loss" if the controlled conditions change.

"Temperature change" means:

(a) The fluctuation or total interruption of

electrical power, either on or off "premises", resulting from conditions

beyond your control.

(b) Mechanical breakdown of any refrigerating or cooling apparatus or

equipment (on "premises") including 

the blowing of any fuse, fuses, or circuit breakers.

(c) Contamination by refrigerant.

(d) The freezing of "perishable stock" resulting from the faulty operation of 

any stationary heating plant, when 

such "perishable stock" is contained

within a building at the "premises".

CIC0086

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II. Transportation

For the purposes of this endorsement only, 

BUILDING AND PERSONAL PROPERTY 

COVERAGE FORM, SECTION A. COVERAGE, 5. Coverage Extensions, p. Transportation is deleted in its entirety and replaced by 

the following:

p. Transportation

We will pay for direct loss from a Covered 

Cause of Loss to apply to direct "loss" to

your Covered Property, including personal property of others as described in

SECTION A. COVERAGE, 1. Covered 

Property, d. Business Personal Property, while it is in or on a vehicle, including

loading and unloading of the property.

The most we will pay for loss in any one 

occurrence under this Coverage Extension is the Limit of Insurance indicated in

the Summary of Coverage Limits. The Limit of Insurance provided by this

Coverage Extension does not apply per 

location.

JJ. Underground Property

For the purposes of this endorsement only,

BUILDING AND PERSONAL PROPERTY 

COVERAGE FORM, SECTION A. COVERAGE, 5. Coverage Extensions is amended to

include the following:

Underground Property

(1) We will pay for direct "loss" resulting from 

any of the Covered Causes of Loss to the

following types of your Covered Property:

(a) Foundations of covered buildings,

structures, machinery or boilers, if

their foundations are below the low- est basement floor or the surface of 

the ground if there is no basement; 

and

(b) Underground pipes, flues or drains if 

they are attached to Covered Property.

(2) For this Coverage Extension only, SECTION A. COVERAGE, 2. Property Not 

Covered, g. Foundations is deleted in its 

entirety and replaced by the following:

g. Foundations

Foundations of buildings, structures, machinery or boilers, if their foundations are below:

(1) The lowest basement floor; or

(2) The surface of the ground, if

there is no basement;

except as provided in SECTION A. COVERAGE, 5. Coverage Extensions.

(3) For this Coverage Extension, SECTION 

A. COVERAGE, 2. Property Not Covered, n. Underground Pipes, Flues or

Drains is deleted in its entirety and replaced by the following:

n. Underground Pipes, Flues or

Drains

Underground pipes, flues or drains, except as provided in SECTION A. COVERAGE, 5. Coverage Extensions.

(4) The most we will pay for direct "loss" in

any one occurrence under this Coverage

Extension is the Building Limit of Insurance applicable to the Covered Property 

indicated in the COMMERCIAL PROPERTY COVERAGE PART DECLARA- TIONS. This does not act to increase the

limit of insurance applicable to the damaged property.

KK. Unintentional Error in Description

For the purposes of this endorsement only, 

BUILDING AND PERSONAL PROPERTY

COVERAGE FORM, SECTION E. ADDITIONAL CONDITIONS is amended to include

the following:

An unintentional error in the description of the 

occupancy or address of Covered Property 

will not impair this insurance, provided you report the error to us as soon as practicable after the error becomes known to you. LL. Unscheduled Appurtenant Buildings and 

Structures

For the purposes of this endorsement only, 

BUILDING AND PERSONAL PROPERTY 

COVERAGE FORM, SECTION A. COVERAGE, 5. Coverage Extensions is amended to

include the following:

Appurtenant Buildings and Structures

1. If Buildings are Covered Property in this

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

Loss to your incidental appurtenant buildings or structures, within 1,000 feet of that "premises", caused by or resulting from a 

Covered Cause of Loss.

2. If Business Personal Property is Covered

Property in this Coverage Part, we will 

pay for direct "loss" caused by a Covered

Cause of Loss within incidental appurtenant buildings or structures within 1,000

feet of that "premises", caused by or resulting from a Covered Cause of Loss.

CIC0087

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3. Incidental appurtenant buildings or structures include:

(a) Storage buildings;

(b) Carports;

(c) Garages;

(d) Pump houses; or

(e) Above ground tanks;

which have not been specifically described in the COMMERCIAL PROPERTY COVERAGE PART DECLARA- TIONS. 4. The most we will pay for loss under this

Coverage Extension for any combination

of "loss" to Building and Business Personal Property is the Limit of Insurance

indicated in the Summary of Coverage

Limits in any one occurrence regardless

of the number of "premises" involved.

5. Payments made under this Coverage Extension are in addition to the applicable

Limits of Insurance.

MM.Utility Services

For the purposes of this endorsement only,

BUILDING AND PERSONAL PROPERTY 

COVERAGE FORM, SECTION A. COVERAGE, 5. Coverage Extensions, q. Utility 

Services is deleted in its entirety and replaced

by the following:

q. Utility Services

We will pay for:

(1) Direct "loss" to Covered Property at

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

complete failure of Wastewater Removal Services; and

(2) Loss of "Business Income" and Extra

Expense you sustain including the

insurance provided in SECTION A. COVERAGE, 5. Coverage Extensions, b. Business Income and Extra Expense to loss caused by or resulting from the partial or complete

failure of the utility services to the

"premises". The partial or complete failure of the

utility services listed below must be

caused by direct "loss" caused by a 

Covered Cause of Loss to the following property:

(1) Power Supply Services, meaning the

following types of property supplying

electricity, steam or natural gas to the

"premises":

(a) Utility generating plants;

(b) Switching stations;

(c) Substations;

(d) Transformers; and

(e) Transmission, distribution, service, or similar lines, including all 

such overhead lines of any type.

(2) Water Supply Services, meaning the

following types of property supplying

water to the "premises":

(a) Pumping stations; and

(b) Water mains.

(3) Wastewater Removal Property, 

meaning a utility system for removing 

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

water. The utility property includes

sewer mains, pumping stations and 

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

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

from a discharge of water or sewage 

due to heavy rainfall or flooding.

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

relating to Internet access or access 

to any electronic, cellular or satellite

network; telephone, radio, microwave

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

(a) Communication transmission, distribution, service or similar 

lines including fiber optic lines,

including all such overhead lines

of any type;

(b) Coaxial cables; and

(c) Microwave radio relays, excluding satellites.

(5) This Coverage Extension does not

apply to direct "loss" to "electronic 

data", including destruction or corruption of "electronic data".

(6) When loss from the partial or complete interruption of utility services to

a "premises" is caused solely by "loss" to overhead communication

transmission, distribution, service, or 

similar lines, including fiber optic

lines, including all such overhead

lines of any type:

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(a) The most we will pay for direct "loss" and loss of "Business Income" and Extra Expense in any 

one occurrence is the sublimit 

for Overhead Communication

Transmission, Distribution, Service or Similar Lines indicated in

the Summary of Coverage Limits. This limit is part of, not in addition to, the limits provided by

this Coverage Extension; and

(b) For loss of "Business Income" and Extra Expense, SECTION 

G. DEFINITIONS, 11. "Period of

restoration", Paragraph a. is deleted in its entirety and replaced

by the following:

a. Begins

(1) 24 hours after the time 

of direct "loss" for "Business Income" Coverage; or

(2) Immediately after the 

time of direct "loss" for 

Extra Expense Coverage. The most we will pay for loss in any one occurrence under this Coverage Extension is the

Limit of Insurance indicated in the Summary of

Coverage Limits. NN. Water Backup Discharged from Sewers, Drains, Septic or Sump Pump Systems

For the purposes of this endorsement only,

BUILDING AND PERSONAL PROPERTY 

COVERAGE FORM, SECTION A. COVERAGE, 5. Coverage Extensions, is amended

to include the following:

Water Backup Discharged from Sewers, Drains, Septic or Sump Pump Systems

We will pay for direct "loss" to your Covered

Property and loss of "Business Income" and

Extra Expense caused by water or waterborne

material that has entered and then backs up 

through and is discharged from a sewer, drain 

(including roof drains and related fixtures), 

septic or sump pump system or related 

equipment located on a "premises". We will not pay the cost of repairing or replacing a sewer, drain, septic or sump pump system or any related parts or equipment.

(1) For this Coverage Extension only,

BUILDING AND PERSONAL PROPERTY COVERAGE FORM, SECTION A. 

COVERAGE, 3. Covered Causes of 

Loss, b. Exclusions, (1)(g) Water, 3) is 

deleted in its entirety and replaced by the

following:

3) Water that has entered and then

backs up through and is discharged 

from a sewer, drain, septic or sump 

pump system or related equipment, except as provided in SECTION A. COVERAGE, 5. Coverage Extensions, Water Backup Discharged 

from Sewers, Drains, Septic or

Sump Pump Systems.

(2) For this Coverage Extension only,

BUILDING AND PERSONAL PROPERTY COVERAGE FORM, SECTION A. 

COVERAGE, 3. Covered Causes of 

Loss, b. Exclusions, (1)(g) Water, 5) is 

deleted in its entirety and replaced by the

following:

5) Waterborne material carried or otherwise moved by any of the water referred to in Paragraphs (g)1), 3) or 4) 

or material carried or otherwise

moved by mudslide or mudflow as

described in Paragraph (g)2), except

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

Water Backup Discharged from

Sewers, Drains, Septic or Sump

Pump Systems.

(3) For this Coverage Extension only,

BUILDING AND PERSONAL PROPERTY COVERAGE FORM, SECTION C. 

DEDUCTIBLE is amended to include the

following:

Water Backup Deductible

We will not pay for direct "loss" in any one 

occurrence caused by or resulting from 

water or waterborne material that has entered and then backs up through and is

discharged from a sewer, drain, septic or

sump pump system or related equipment, 

until the amount of direct "loss" exceeds

the Deductible shown in the COMMERCIAL PROPERTY COVERAGE PART

DECLARATIONS, or $1,000, whichever 

is greater. We will then pay the amount of 

direct "loss" in excess of that deductible, up to the applicable limit indicated in Paragraph (4) of this Coverage Extension.

(4) The most we will pay for loss in any one 

occurrence is the Water Backup Discharged from Sewers, Drains, Septic

or Sump Pump Systems Limit of Insurance indicated in the Hotel Summary of

Coverage Limits for all direct "loss", loss

of "Business Income", "Rental Value" and 

Extra Expense.

CIC0089

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The Limit of Insurance provided by this

Coverage Extension does not apply per 

location.

OO.Blanket Coverage Limit

We will pay up to the Limit of Insurance indicated in the Summary of Coverage Limits in

total in any one occurrence for the sum of all 

direct "loss" insured under coverages provided

in this endorsement which are subject to the 

Blanket Coverage Limit. You may apportion

this Limit among these coverages as you 

choose.

CIC0090

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CRISIS EVENT EXPENSE COVERAGE

ENDORSEMENT - ILLINOIS

TABLE OF CONTENTS

Begins on Page:

A. Crisis Event Response Communication Expense ............................................................................2

B. Post Crisis Event Expense..................................................................................................................2

C. Crisis Event Business Income and Extra Expense...........................................................................2

D. Exclusions ............................................................................................................................................4

1. Exclusions Deleted for Crisis Event Expense Coverage Endorsement..................................4

2. Additional Exclusions Applicable to Crisis Event Expense Coverage Endorsement............4

a. Any Loss Not Specifically Covered Under the Definition of Covered Crisis Event........4

b. Illegal or Criminal Acts..........................................................................................................4

c. Third Party Bodily Injury or Property Damage....................................................................4

d. Communicable Disease or Virus..........................................................................................4

e. Fines or Penalties..................................................................................................................4

f. Perpetrator.............................................................................................................................4

g. Ransom...................................................................................................................................4

E. Annual Aggregate Limit of Insurance.................................................................................................4

F. Loss Conditions ...................................................................................................................................5

1. Appraisal........................................................................................................................................5

2. Duties in the Event of Loss..........................................................................................................5

3. Loss Determination ......................................................................................................................6

4. Loss Payment................................................................................................................................6

G. Additional Conditions..........................................................................................................................7

1. Coinsurance ..................................................................................................................................7

2. Deductibles....................................................................................................................................7

3. Loss or Damage Covered by this Endorsement........................................................................7

H. Definitions.............................................................................................................................................7

1. "Covered communicable diseases"............................................................................................7

2. "Covered crisis event" .................................................................................................................7

3. "Covered location" .......................................................................................................................8

4. "Crisis event business income"..................................................................................................8

5. "Crisis event extra expense" .......................................................................................................8

6. "Crisis event period of restoration"............................................................................................8

7. "Crisis event response communication expense"....................................................................8

8. "Fungi"...........................................................................................................................................8

9. "Operations"..................................................................................................................................9

10. "Post crisis event expense".........................................................................................................9

11. "Rental value"................................................................................................................................9

12. "Suspension" ................................................................................................................................9

CIC0091

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THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

CRISIS EVENT EXPENSE COVERAGE

ENDORSEMENT - ILLINOIS

This endorsement modifies insurance provided under the following:

BUILDING AND PERSONAL PROPERTY COVERAGE FORM (INCLUDING SPECIAL CAUSES OF

LOSS)

The provisions of the BUILDING AND PERSONAL PROPERTY COVERAGE FORM apply except as otherwise provided in this endorsement. All numbers and letters used to designate paragraphs in this endorsement

are specific to this endorsement only. 

SCHEDULE

Coverage Limits of Insurance Deductible or

Waiting Period

A. Crisis Event Response Communication 

Expense

$ None

B. Post Crisis Event Expense $ None

C. Crisis Event Business Income and

Extra Expense

$ 24 hours waiting

period applies to

Business Income. No waiting period applies to Extra Expense

Annual Aggregate Limit:

$

 ̈ No Annual Aggregate

Limit applies when

this box is checked. 

A. Crisis Event Response Communication 

Expense

BUILDING AND PERSONAL PROPERTY 

COVERAGE FORM, SECTION A. COVERAGE, 4. Additional Coverages is amended to 

include the following:

Crisis Event Response Communication 

Expense

We will pay your "crisis event response communication expense" resulting from a "covered 

crisis event" at your "covered location" for sixty 

(60) consecutive days after a "covered crisis

event" occurs. Payment of all loss covered under this Additional Coverage shall not exceed 

the Limit of Insurance shown in the Schedule 

for Coverage A. Crisis Event Response 

Communication Expense. B. Post Crisis Event Expense

BUILDING AND PERSONAL PROPERTY 

COVERAGE FORM, SECTION A. COVERAGE, 4. Additional Coverages is amended to 

include the following:

Post Crisis Event Expense

We will pay your "post crisis event expense"

resulting from a "covered crisis event" at your "covered location". Payment under this Additional Coverage will begin immediately after 

the "covered crisis event" and apply for up to 

sixty (60) consecutive days but will not exceed

the Limit of Insurance shown in the Schedule 

for Coverage B. Post Crisis Event Expense. C. Crisis Event Business Income and Extra 

Expense

BUILDING AND PERSONAL PROPERTY 

COVERAGE FORM, SECTION A. COVERAGE, 5. Coverage Extensions, b. Business 

Income and Extra Expense is amended as

follows for this endorsement only:

100,000

100,000

100,000

X

CIC0092

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Crisis Event Business Income and Extra 

Expense

For Crisis Event Business Income and Extra Expense only, Paragraphs (1) and (2) are

deleted in their entirety and replaced by the following:

(1) Crisis Event Business Income and Extended Business Income

(a) Crisis Event Business Income

We will pay for the actual loss of "crisis event business income" you sustain due to the necessary "suspension" of your "operations" during the "crisis event period of restoration". The "suspension" must be caused by 

or result from a "covered crisis event" at your "covered location". This coverage will begin after the Waiting Period shown in Item C. of the Schedule

and end the earlier of:

1) 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 "covered crisis event" occurred; or

2) Sixty (60) consecutive days after 

the "covered crisis event" occurred.

(b) Extended Business Income

If the necessary "suspension" of your "operations" caused by or resulting

from a "covered crisis event" produces a "crisis event business income"

"loss" payable under this endorsement, we will pay for the actual loss

of "crisis event business income" you 

incur during the period that:

1) Begins on the date "operations" are resumed or tenability of your "covered location" is restored; 

and

2) Ends on the earlier of:

a) The date you could restore

your "operations", with reasonable speed, to the level

which would generate the

"Business Income" amount 

that would have existed had

no "covered crisis event" occurred; or

b) The date you could restore

tenant occupancy, with reasonable speed, to a level

that would have generated

the "rental value" that would

have existed if the "covered

crisis event" had not occurred; or

c) Thirty (30) consecutive days

after the date determined in 

(b)1) above. Crisis Event Business Income and Extended Business Income do not apply to 

loss of "Business Income" or loss of "rental value" incurred as a result of unfavorable business conditions caused by

the impact of the "covered crisis event" in 

the area where the described "premises" are located.

(2) Crisis Event Extra Expense

(a) We will pay "crisis event extra expense" you incur during the "crisis

event period of restoration" caused

by or resulting from a "covered crisis

event" to:

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

continue "operations" at the "premises" or at replacement or 

temporary locations, including

relocation expenses and costs to 

equip and operate the replacement or temporary location; or

2) Minimize the "suspension" of

business if you cannot continue

"operations". 

(b) We will not pay for the cost to repair 

or replace property.

(c) This coverage will end the earlier of:

1) The date your "operations" are

restored to a condition similar to

that which would have existed

had there been no "covered crisis event"; or

2) Sixty (60) consecutive days after 

the "covered crisis event" occurs. The most we will pay for all loss covered under

the Crisis Event Business Income and Extra 

Expense Coverage shall not exceed the Limit 

of Insurance shown in the Schedule for Coverage C. Crisis Event Business Income and

Extra Expense. The Limit of Insurance applies regardless of the number of "covered locations" affected.

CIC0093

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D. Exclusions

1. Exclusions Deleted for Crisis Event 

Expense Coverage Endorsement

The following Exclusions from the BUILDING AND PERSONAL PROPERTY 

COVERAGE FORM are deleted but only 

as respects to the coverage provided by

this CRISIS EVENT EXPENSE COVERAGE ENDORSEMENT. Otherwise, all 

Exclusions continue to apply to all other "loss" claimed under this policy unless

specifically stated otherwise.

a. "Fungi", Wet Rot, Dry Rot, and Bacteria

b. Dishonest or Criminal Acts

c. Acts or Decisions

2. Additional Exclusions Applicable to 

Crisis Event Expense Coverage Endorsement

In addition to any other Exclusions which

apply to this policy, the following Exclusions apply only to this CRISIS EVENT 

EXPENSE COVERAGE ENDORSEMENT. We will not pay for loss caused directly or indirectly by any of the following. Such "loss" is excluded regardless of any 

other cause or event that contributes concurrently or in any sequence to the "loss". a. Any Loss Not Specifically Covered 

Under the Definition of Covered 

Crisis Event

Any loss or consequential loss that is

not specifically covered under the 

definition of a "covered crisis event". b. Illegal or Criminal Acts

Illegal, dishonest or criminal acts by 

you or any of your partners, directors, officers, trustees, employees (including leased or temporary workers), authorized representatives or if you are 

a limited liability company, your

members or your managers:

(1) Whether acting alone or in collusion with others; or

(2) Whether or not occurring during

the hours of employment.

c. Third Party Bodily Injury or Property Damage

Any claim or suit by a third party for 

bodily injury or property damage including defense costs related to bodily injury or property damage, except 

for those expenses which are specifically provided as a "post crisis event 

expense". d. Communicable Disease or Virus

Except as provided as a "covered

communicable disease" in item

H.2.b. Premises Contamination, 

this endorsement does not apply to 

any loss directly or indirectly caused 

by or resulting from any virus, bacterium or other microorganism that induces or is capable of inducing physical distress, illness or disease. This

Exclusion applies to, but is not limited 

to, any loss directly or indirectly attributable to Anthrax, Avian Influenza, Crimean-Congo Hemorrhagic Fever, 

Dengue Hemorrhagic Fever, Ebola 

Hemorrhagic Fever, Francisella Tularensis, Influenza, Lassa Fever, 

Marburg Hemorrhagic Fever, Meningococcal disease, Plague, Rift Valley 

Fever, Severe Acute Respiratory 

Syndrome, Smallpox, Tularemia, Yellow Fever or any pandemic or similar 

influenza which is defined by the 

United States Center for Disease 

Control as virulent human influenza 

that may cause global outbreak, or 

pandemic, or serious illness. e. Fines or Penalties

Fines or penalties levied against you 

by a Board of Health or any other 

governmental authority. 

f. Perpetrator 

Any cost, loss or expense incurred directly or indirectly by any person, or 

the family or associates of such person, who directly or indirectly instigated, funded, threatened, perpetrated, participated in or otherwise supported the "covered crisis event" or 

who supported any activities leading 

to the "covered crisis event". g. Ransom

Any cost, loss, expense or payment 

of ransom or reward, directly or indirectly, to actual or alleged perpetrators causing or threatening to cause 

a "covered crisis event". E. Annual Aggregate Limit of Insurance

The Annual Aggregate Limit shown in the 

Schedule is the most we will pay under this 

endorsement for all covered loss sustained in 

the "coverage term", regardless of the number

of "covered crisis events" and the number of "covered locations" involved. If a loss payment 

does not exhaust this amount, then the balCIC0094

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ance is available for subsequent loss sustained during the "coverage term". A balance

remaining in a "coverage term" does not carry 

over to the next "coverage term". With respect 

to a "covered crisis event" which begins in the "coverage term" and continues or results in 

additional loss in a subsequent "coverage 

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

"coverage term" in which the "covered crisis

event" began. F. Loss Conditions

The COMMON POLICY CONDITIONS and

the COMMERCIAL PROPERTY CONDITIONS apply to the coverages provided by this 

endorsement. The following Loss Conditions 

are amended as described below, but only

with respect to the coverages provided by this

endorsement.

1. Appraisal

If we and you disagree on the amount of 

the Net Income and operating expense or 

the amount of loss, either may make written demand for an appraisal of the loss. Each party will then select a competent 

and impartial appraiser.

The two appraisers will select an umpire. 

If they cannot agree, either may request 

that selection be made by a judge of a 

court having jurisdiction. The appraisers

will state separately the amount of Net Income and operating expense or amount 

of loss. If they fail to agree, they will submit their differences to the umpire. A decision agreed to by any two will be binding. Each party will:

a. Pay its chosen appraiser; and

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

If there is an appraisal, we will still retain

our right to deny the claim.

2. Duties in the Event of Loss

a. In the event of a "covered crisis

event" you must:

(1) Notify law enforcement if a law 

may have been broken.

(2) Notify us of any "covered crisis

event" or any event that is likely 

to lead to a "covered crisis 

event" within forty-eight (48) 

hours of first becoming aware of

the event. Notification does not 

guarantee that a "covered crisis

event" has occurred.

(3) Provide a written notification, at 

our request, immediately after 

the verbal notification. The written notification shall include:

(a) A description of how, when

and where the "covered crisis event" occurred or is occurring;

(b) Name, address and other

pertinent information, including the cause, nature, location and extent of injury to 

any injured persons;

(c) Name, address and other

pertinent information of any 

witnesses to the event;

(d) Nature and location of any 

physical damage to the

"premises"; and

(e) Response activities undertaken by you, emergency 

responders or others.

(4) Take all reasonable steps to protect persons from further harm

and to protect property from further damage and keep a record

of your expenses necessary to

do so for consideration in the

settlement of the claim. If feasible, set the damaged property

aside and in the best possible

order for examination. This will 

not increase your Limit of Insurance as shown in the Schedule

for Crisis Event Expense Coverage. However, we will not pay for 

any subsequent loss resulting

from other than a "covered crisis

event".

(5) As often as may be reasonably 

required, permit us to inspect the

property proving the loss or 

damage and permit us to examine your books and records. Also permit us to take samples

of damaged and undamaged

property for inspection, testing 

and analysis and permit us to

make copies from your books

and records.

(6) Submit a signed sworn proof of

loss containing the information

we request to investigate the

claim. You must do this within 60

days after our request. We will 

supply you with the necessary

forms.

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

CIC0095

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(8) If you intend to continue your 

business, you must resume all or 

part of your "operations" as

quickly as possible.

(9) Allow us to examine any insured

under oath, outside the presence

of any other insured and at such

times as may be reasonably required, about any matter relating

to this insurance or the claim, including an insured's books and

records. In the event of an examination, an insured's answers

must be signed. 3. Loss Determination 

a. The amount of "crisis event business

income" loss will be determined

based on:

(1) The Net Income of the business

before the "covered crisis event" occurred;

(2) The likely Net Income of the

business if no "covered crisis

event" had occurred, but not including any Net Income that 

would 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

crisis event" on customers or 

other businesses;

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

to resume "operations" with the 

same quality of service that existed just before the "covered

crisis event"; and

(4) Other relevant sources of information, including:

(a) Your financial records and 

accounting procedures;

(b) Bills, invoices and other

vouchers; and

(c) Deeds, liens or contracts. b. The amount of "crisis event extra expense" will be determined based on:

(1) All necessary expenses that exceed the normal operating expenses that would have been incurred by "operations" during the "crisis event period of restoration" if no "covered crisis event" had occurred. We will deduct 

from the total of such expenses:

(a) The salvage value that remains of any property 

bought for temporary use

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

(b) Any Extra Expense that is

paid for by other insurance

that is written subject to the

same plan, terms, conditions and provisions as this

insurance; and

(2) Necessary expenses that reduce

the "crisis event business income" loss that otherwise would 

have been incurred.

c. Resumption of Operations

We will reduce the amount of your:

(1) "Crisis event business income"

loss, other than "crisis event extra expense", to the extent you

can resume your "operations", in

whole or in part, at the affected

"covered location" or elsewhere;

(2) "Crisis event extra expense" loss

to the extent you can return "operations" to normal and discontinue such "crisis event extra expense". d. If you do not resume "operations", or 

do not resume "operations" as quickly

as possible, we will pay based on the 

length of time it would have taken to 

resume "operations" as quickly as

possible. 

e. The amount of "crisis event response

communication expense" loss will be

determined based on the additional 

expenses incurred by you to manage 

your organization's communications

to your employees, shareholders, customers, government authorities, news media and other members of

the public after the "covered crisis

event". 4. Loss Payment

We will pay for "covered crisis event" within 30 days after we receive the sworn 

proof of loss, if you have complied with all 

of the terms of this endorsement, and:

a. We have reached agreement with 

you on the amount of loss; or

b. An appraisal award has been made. 

CIC0096

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G. Additional Conditions

The COMMON POLICY CONDITIONS and

the COMMERCIAL PROPERTY CONDITIONS apply to the coverages provided by this 

endorsement. The following Conditions are 

amended but only with respect to the coverages provided by this endorsement.

1. Coinsurance

The Coinsurance Additional Condition 

does not apply.

2. Deductibles

Policy deductibles do not apply to the 

coverage provided by this endorsement 

other than the Waiting Period shown in 

the Schedule of Coverages applicable to

"crisis event business income". 3. Loss or Damage Covered by this Endorsement

Loss or damage by a "covered crisis

event" only applies to the coverage provided specifically by this endorsement. "Covered crisis event" does not apply to 

any other insurance provided by this policy, including but not limited to any coverage for Business Income and Extra Expense. A "covered crisis event" is not a 

Covered Cause of Loss in any Coverage 

Form unless specifically added by another 

endorsement as a Covered Cause of

Loss to that Coverage Form. 

H. Definitions

The following definitions apply in addition to 

SECTION G. DEFINITIONS but only with respect to the coverages provided by this endorsement.

1. "Covered communicable diseases" means any disease or any related or resulting diseases, viruses, complexes, symptoms, manifestations, effects, conditions or illnesses, except this endorsement does not apply to any "loss" directly 

or indirectly attributable to Anthrax, Avian 

Influenza, Crimean-Congo Hemorrhagic 

Fever, Dengue Hemorrhagic Fever, Ebola 

Hemorrhagic Fever, Francisella Tularensis, Influenza, Lassa Fever, Marburg 

Hemorrhagic Fever, Meningococcal disease, Plague, Rift Valley Fever, Severe 

Acute Respiratory Syndrome, Smallpox, Tularemia, Yellow Fever or any pandemic

or similar influenza which is defined by the 

United States Center for Disease Control 

as virulent human influenza that may

cause global outbreak, or pandemic, or 

serious illness. 

2. "Covered crisis event" means the following:

a. Violent Act

A malicious act, attempt or threat 

committed on your "premises" against any person that results in 

physical injury or death to such person or an innocent bystander. This

includes the direct "loss" or damage 

to your "premises" or the property of

others on your "premises" resulting

from such act, attempt or threat. This

does not include such acts, attempts

or threats committed by you or by any 

of your partners, directors, officers, 

trustees, employees (including leased

or temporary workers), authorized 

representatives or if you are a limited 

liability company, your members or 

your managers. Any such act, attempt or threat must be determined 

to have been credible. b. Premises Contamination

The necessary closure of all or part 

of your "covered location" due to any 

sudden, accidental and unintentional 

contamination or impairment of the "covered location" which results in 

clear, identifiable, internal or external 

visible symptoms of bodily injury, illness or death of any person. This includes "covered locations" contaminated by a "covered communicable 

disease" or Legionnaires' disease,

but it does not include "covered locations" contaminated in whole or in

part by other "pollutants", "fungi" or 

bacteria except as provided by "covered communicable disease". c. Contaminated Food

1) The necessary closure of all or 

part of your "covered location" ordered by a Board of Health or 

any other governmental authority 

as a result of the discovery or 

belief that contaminated food or 

drink has been served to patrons

at your "covered location". 2) The necessary announcement 

by you, the Board of Health or 

any other governmental authority 

warning the public of a health

hazard at your "covered location" because of the discovery or verified belief that contaminated

food or drink has been served to 

your patrons.

CIC0097

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d. Child Abduction or Kidnap

A felony act, attempt or threat to unlawfully seize and detain a person 

under the age of sixteen (16) from 

your "covered location" by someone

other than the person's parent or 

guardian. Any such act, attempt or

threat must be determined to have 

been credible.

e. Stalking

A felony act, attempt or threat by a 

person directed at one or more of

your employees or customers, while 

on your "covered location", who expresses or implies a credible intent to 

place your employee or customer in 

reasonable fear of death or serious

bodily harm.

f. Sexual Assault

A felony act, attempt or threat of sexual assault that is directed at one or 

more persons while on your "covered 

location". Any such act, attempt or 

threat must be determined to have

been credible.

g. Criminal Use of a Firearm

A felony act, attempt or threat that involves the unlawful use of a firearm 

or device designed to cause harm or 

damage while on your "covered location". Any such act, attempt or threat 

must be determined to have been 

credible. h. Other Emergency Events 

When any of the following events occur at your "covered location" and result in injury or damage causing significant regional or national news

media coverage of you or your "operations":

1) Fire or explosion;

2) Construction accident;

3) Equipment failure; or 

4) Workplace accident. 3. "Covered location" means that part of a "premises" you occupy, including the area

within 1,000 feet thereof. If you have more 

than one "covered location", the term

"covered location" means only the location

at which the "covered crisis event" occurred. 

4. "Crisis event business income" means

the:

a. Net income (net profit or loss before 

income taxes), including "Rental Value", that would have been earned or

incurred before the "covered crisis

event"; and

b. Continuing normal operating expenses incurred, including payroll. 5. "Crisis event extra expense" means necessary expenses you incur during the "crisis event period of restoration" that you 

would not have incurred if there had been 

no "covered crisis event" at your "covered 

location". 6. "Crisis event period of restoration" means

the period of time that:

a. Begins:

1) After the Waiting Period shown 

in Item C. of the Schedule for "crisis event business income"

following the date of the "covered crisis event" at your "covered location"; or

2) Immediately on the date of the

"covered crisis event" at your "covered location" for "crisis

event extra expense"; and

b. Ends on the earlier of the date when, using reasonable speed, "operations" at your "covered location" should be 

returned to the condition that would 

have existed had the "covered crisis

event" not occurred.

7. "Crisis event response communication

expense" means:

a. Reasonable fees and expenses you 

necessarily incur after a "covered crisis event" occurs for the services of a

public relations or similar professional 

crisis management organization to 

assist or advise you in order to minimize negative publicity and restore or 

otherwise positively communicate the

image of your "operations"; and

b. The reasonable additional expense 

you necessarily incur after a "covered 

crisis event" occurs above your normal expenses to minimize negative 

publicity and restore or otherwise 

positively communicate the image of

your "operations";

c. Any expense incurred for services

beyond sixty (60) consecutive days

after a "covered crisis event" occurs

is not covered by this endorsement. 8. "Fungi" means any type or form of fungus, and includes, but is not limited to, any

CIC0098

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form or type of mold, mushroom or mildew and any mycotoxins, spores, scents

or byproducts produced or released by

fungi. However, "fungi" does not include "fungi" on food for human consumption. 9. "Operations" means:

a. Your business activities occurring at 

the "covered location"; and

b. The ability to rent your "premises" for "rental value". 10. "Post crisis event expense" means reasonable and necessary expenses incurred 

by your employees, customers or other 

persons:

a. Who were physically on your "covered location" at the time and at the

specific location where the "covered

crisis event" occurred; and

b. Who suffered physical harm or other 

medically-based harm directly due to 

the "covered crisis event" that results

in:

1) First aid or emergency care at 

the time of the "covered crisis

event";

2) Medical treatment;

3) Professional psychological 

counseling or other necessary 

professional mental health

treatment;

4) Ambulance or transportation

costs to and from a local provider of such treatments; or

5) Funeral and burial expenses for 

those persons who died as a result of the "covered crisis event". Coverage applies only to those 

whose treatment or expense arises

directly from the "covered crisis 

event". All covered treatments and expenses

must take place within sixty (60) consecutive days after the "covered crisis event" occurred. 

11. "Rental value" means "Business Income"

that consists of:

a. Net income (net profit of loss before 

income taxes) that would have been 

earned or incurred as rental income 

from tenant occupancy of the "covered location" as furnished and 

equipped by you, including fair rental 

value of any portion of the "covered

location" which is occupied by you; 

and

b. Continuing normal operating expenses incurred in connection with that "covered location", including:

1) Payroll; and

2) The amount of charges which

are the legal obligation of the

tenants but would otherwise be

your obligations. 12. "Suspension" means:

a. The slowdown or cessation of your 

business activities; or

b. That part or all of the "covered location" is rendered untenable.

CIC0099

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THE BRIDGE ENDORSEMENT

TABLE OF CONTENTS

Begins on Page:

Schedule of Coverage Limits................................................................................................................2

SECTION I - COVERAGES......................................................................................................................3

A. Business Travel Benefit..................................................................................................................3

B. Conference Cancellation.................................................................................................................3

C. Donation Security ............................................................................................................................4

D. Emergency Travel Expense ............................................................................................................5

E. Fundraising Event Cancellation Expense .....................................................................................5

F. Image Restoration and Counseling Expense................................................................................6

G. Key Individual Replacement Expense............................................................................................6

H. Kidnap Expense...............................................................................................................................7

I. Lease Assessment...........................................................................................................................8

J. Leasehold Improvements................................................................................................................8

K. Political Unrest Evacuation Expense.............................................................................................8

L. Premises Boundary Increase..........................................................................................................9

M. Temporary Meeting Space Expense ..............................................................................................9

N. Travel Delay Expense ......................................................................................................................9

O. Unauthorized Business Card Use................................................................................................10

P. Unintentional Error in Description ...............................................................................................10

Q. Workplace Violence Counseling Expense...................................................................................10

R. Deductible.......................................................................................................................................11

SECTION II - CONDITIONS...................................................................................................................11

CIC0100

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THE BRIDGE ENDORSEMENT

BRIDGE SCHEDULE OF COVERAGE LIMITS

Coverages: Limit of Insurance:

Business Travel Benefit $50,000

Conference Cancellation $25,000

Donation Security $50,000

Emergency Travel Expense $50,000

Fundraising Event Cancellation Expense $25,000

Image Restoration and Counseling Expense $50,000

Key Individual Replacement Expense $50,000

Kidnap Expense $50,000

Lease Assessment $2,500

Leasehold Improvements $25,000

Political Unrest Evacuation Expense $25,000 ($5,000 per employee)

Temporary Meeting Space Expense $25,000

Travel Delay Expense $1,500

Unauthorized Business Card Use $1,500

Workplace Violence Counseling Expense $50,000

Deductible:

$500.00

CIC0101

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THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. THE BRIDGE ENDORSEMENT

This endorsement modifies insurance provided under the following:

COMMERCIAL PROPERTY COVERAGE PART

The insurance coverage and Limits of Insurance provided by this endorsement are excess of, and apply in addition to, any similar or identical coverage provided by any other endorsement attached to this 

Coverage Part, or by any other Coverage Part forming a part of the policy of insurance of which this

Coverage Part forms a component.

SECTION I - COVERAGES

A. Business Travel Benefit

For the purposes of this endorsement only, BUILDING AND PERSONAL PROPERTY 

COVERAGE FORM, SECTION A. COVERAGE, 5. Coverage Extensions is amended to 

include the following:

Business Travel Benefit

1. We will pay you the business travel benefit if your current "director or officer" while 

occupying, as a fare-paying passenger, a 

public conveyance provided and operated 

by a commercial transportation carrier for 

regular passenger service by land, water, or air suffers "injury" while traveling for 

purposes related to your business pursuits during the "coverage term". 2. We will not pay business travel benefit for "injury" caused directly or indirectly by any 

of the following:

a. An intentional injury by the insured, "director or officer" or decedent;

b. An act of suicide or attempted suicide 

by the insured, "director or officer" or 

decedent;

c. An act of war; or 

d. A disease process the insured, "director or officer" or decedent was diagnosed with prior to the suffered "injury" for which coverage under this

Coverage Extension is sought.

3. For Business Travel Benefit only, BUILDING AND PERSONAL PROPERTY COVERAGE FORM, SECTION G. DEFINITIONS, is amended to include the

following:

"Injury" means:

a. Accidental loss of life caused by 

physical injury to the body;

b. Accidental loss of limbs or multiple 

fingers; or

c. Accidental total loss of sight, speech

or hearing. The "injury" outlined in Paragraphs a., b., and c. above must physically occur to the 

current "director or officer". 4. For Business Travel Benefit only, BUILDING AND PERSONAL PROPERTY COVERAGE FORM, SECTION G. DEFINITIONS, is amended to include the

following:

"Director or officer" means that particular 

current director or current officer for which 

coverage under this Coverage Extension 

is sought.

The most we will pay for all "injury" under 

Business Travel Benefit in any one "coverage term" is the Limit of Insurance indicated in 

the Bridge Schedule of Coverage Limits. Section I, R. Deductible applies.

B. Conference Cancellation

For the purposes of this endorsement only, BUILDING AND PERSONAL PROPERTY 

COVERAGE FORM, SECTION A. COVERAGE, 5. Coverage Extensions is amended to 

include the following:

Conference Cancellation

1. We will reimburse the insured for any

"business-related conference expense"

incurred and not reimbursed by any other 

source as the result of a cancellation of a 

conference or convention. The cancellation must be the direct result of an order 

made by a civil authority responding to a "natural catastrophe" or to a "communicaCIC0102

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ble disease" outbreak during the "coverage term". 2. For Conference Cancellation only, BUILDING AND PERSONAL PROPERTY COVERAGE FORM, SECTION G. DEFINITIONS is amended to include the 

following:

a. "Business-related conference expense" means those expenses incurred by you for your employ- ee(s)scheduled to attend a conference or convention provided that the 

employee(s) was (were) registered 

for the conference or convention at 

least 30 days prior to the conference's or convention's cancellation. b. "Communicable disease " means any 

disease or any related or resulting 

diseases, viruses, complexes, symptoms, manifestations, effects, conditions or illnesses, except this endorsement does not apply to any "loss" directly or indirectly attributable 

to Anthrax, Avian Influenza, Crimean- Congo Hemorrhagic Fever, Dengue

Hemorrhagic Fever, Ebola Hemorrhagic Fever, Francisella Tularensis,

Influenza, Lassa Fever, Marburg 

Hemorrhagic Fever, Meningococcal 

disease, Plague, Rift Valley Fever, Severe Acute Respiratory Syndrome, Smallpox, Tularemia, Yellow Fever or 

any pandemic or similar influenza 

which is defined by the United States 

Center for Disease Control as virulent 

human influenza that may cause 

global outbreak, or pandemic, or serious illness. c. "Natural catastrophe" means hurricane, tornado, earthquake or flood.

The most we will pay for all "business related

conference expense" under Conference Cancellation in any one "coverage term" is the 

Limit of Insurance indicated in the Bridge 

Schedule of Coverage Limits. Section I, R. Deductible applies.

C. Donation Security

For the purposes of this endorsement only, BUILDING AND PERSONAL PROPERTY

COVERAGE FORM, SECTION A. COVERAGE, 5. Coverage Extensions is amended to

include the following:

Donation Security

1. We will reimburse you for a "failed donation" incurred and not reimbursed by any

other source.

2. For non-cash donations, the value of the

"failed donation" will be determined based 

on the fair market value of the non-cash 

item at the time of the "failed donation". 3. For Donation Security only, BUILDING

AND PERSONAL PROPERTY COVERAGE FORM, SECTION G. DEFINITIONS

is amended to include the following:

"Failed donation" means notice to the insured during the "coverage term" of:

a. The bankruptcy or reorganization of

any donor whereby such bankruptcy 

or reorganization prevents the donor 

from honoring a written pledge, made 

during the "coverage term", of funds

or other measurable, tangible property to the insured provided that the 

donor has never been in bankruptcy 

or filed for bankruptcy/reorganization 

prior to the time the donor's pledge

was made to you; or

b. The unemployment or "incapacitation" of an individual donor during the "coverage term" preventing the donor 

from honoring a prior written pledge 

of funds or other measurable, tangible property to the insured provided 

that, if the donor is an individual who 

becomes unemployed or "incapacitated":

(1) Neither you nor the donor shall 

have had reason to believe the

donor would become unemployed or "incapacitated" prior to

the donation date;

(2) The individual donor is unemployed or "incapacitated" for at 

least 60 days before payment is

made by the Company; and

(3) There is a written pledge of

funds or other measurable, tangible property dated during the

"coverage term". 4. For Donation Security only, BUILDING

AND PERSONAL PROPERTY COVERAGE FORM, SECTION G. DEFINITIONS

is amended to include the following:

"Incapacitated or incapacitation" means a

person who is impaired by physical injury, physical illness, or physical disability. The 

cause of the physical injury, physical illness or physical disability must be accidental. 5. A donation amount which is to be collected by you over a period of more than 12 

months will be deemed a single donation. 

CIC0103

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The most we will pay for all "failed donations" under Donation Security in any one "coverage term" is the Limit of Insurance indicated in

the Bridge Schedule of Coverage Limits. Section I, R. Deductible applies. D. Emergency Travel Expense 

For the purposes of this endorsement only, BUILDING AND PERSONAL PROPERTY 

COVERAGE FORM, SECTION A. COVERAGE, 5. Coverage Extensions is amended to 

include the following:

Emergency Travel Expense

1. We will reimburse the reasonable "emergency travel expense", while traveling for 

purposes related to your business pursuits during the "coverage term", incurred

by your current director or officer and necessitated by a "certified act of terrorism" which:

a. Occurs during the "coverage term"; 

or

b. Begins to occur during the "coverage 

term". 2. For Emergency Travel Expense only, BUILDING AND PERSONAL PROPERTY COVERAGE FORM, SECTION G. DEFINITIONS is amended to include the 

following:

a. "Emergency travel expense" means:

(1) Hotel expense incurred, and not 

reimbursed by any other source, as the result of the cancellation

of scheduled transportation by a

commercial transportation carrier

for regular passenger service by 

land, water, or air. The cancellation must occur within forty-eight 

hours of a "certified act of terrorism"; and

(2) The increased amount incurred

and not reimbursed by any other 

source for air or train fare resulting from cancelling and rescheduling a form of transportation to replace a similarly scheduled form of transportation canceled by a commercial transportation carrier. 

b. "Certified act of terrorism" means an 

act that is certified by the Secretary of

the Treasury, in concurrence with the 

Secretary of State and the Attorney 

General of the United States, to be 

an act of terrorism pursuant to the 

federal Terrorism Risk Insurance Act. 

The criteria contained in the Terrorism Risk Insurance Act for a "certified 

act of terrorism" include the following:

(1) The act resulted in insured losses in excess of $5 million in the

aggregate, attributable to all 

types of insurance subject to the

Terrorism Risk Insurance Act; 

and

(2) The act is a violent act or an act

that is dangerous to human life, property or infrastructure and is

committed by an individual or individuals, as part of an effort to coerce the civilian population of the

United States or to influence the

policy of affect the conduct of the

United States Government by coercion.

The most we will pay for all emergency travel 

expenses under Emergency Travel Expense

in any one "coverage term" is the Limit of Insurance indicated in the Bridge Schedule of 

Coverage Limits. Section I, R. Deductible applies.

E. Fundraising Event Cancellation Expense

For the purposes of this endorsement only, BUILDING AND PERSONAL PROPERTY 

COVERAGE FORM, SECTION A. COVERAGE, 5. Coverage Extensions is amended to 

include the following:

Fundraising Event Cancellation Expense

1. We will reimburse you for fundraising 

event related expense incurred, and not 

reimbursed by any other source, due to 

the cancellation of a fundraising event. However:

a. The canceled fundraising event must 

not be rescheduled within the "coverage term"; and 

b. The fundraising event cancellation

must be the direct result of an order 

made by a civil authority responding 

to a "natural catastrophe" or a "communicable disease" outbreak during

the "coverage term". 2. For Fundraising Event Cancellation 

Expense only, BUILDING AND PERSONAL PROPERTY COVERAGE 

FORM, SECTION G. DEFINITIONS is

amended to include the following:

a. "Communicable disease" means any 

disease or any related or resulting 

diseases, viruses, complexes, symptoms, manifestations, effects, condiCIC0104

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tions or illnesses, except this endorsement does not apply to any "loss" directly or indirectly attributable 

to Anthrax, Avian Influenza, Crimean- Congo Hemorrhagic Fever, Dengue

Hemorrhagic Fever, Ebola Hemorrhagic Fever, Francisella Tularensis,

Influenza, Lassa Fever, Marburg 

Hemorrhagic Fever, Meningococcal 

disease, Plague, Rift Valley Fever, Severe Acute Respiratory Syndrome, Smallpox, Tularemia, Yellow Fever or 

any pandemic or similar influenza 

which is defined by the United States

Center for Disease Control as virulent 

human influenza that may cause 

global outbreak, or pandemic, or serious illness. b. "Natural catastrophe" means hurricane, tornado, earthquake or flood.

The most we will pay for all fundraising event 

cancellation expenses under Fundraising 

Event Cancellation Expense in any one

"coverage term" is the Limit of Insurance indicated in the Bridge Schedule of Coverage Limits. Section I, R. Deductible applies.

F. Image Restoration and Counseling Expense

For the purposes of this endorsement only, BUILDING AND PERSONAL PROPERTY 

COVERAGE FORM, SECTION A. COVERAGE, 4. Additional Coverages is amended to

include the following:

Image Restoration and Counseling Expense

1. We will pay your "image restoration and

counseling expense" resulting from a "covered event" that occurs during the "coverage term". 2. For Image Restoration and Counseling 

Expense only, BUILDING AND PERSONAL PROPERTY COVERAGE 

FORM, SECTION G. DEFINITIONS is

amended to include the following:

a. "Covered event" means an actual or 

alleged act, attempt or threat of sexual misconduct or sexual molestation

directed at one or more of your clients while in your care, custody and 

control, committed by you, any of

your partners, directors, officers, employees, independent contractors or 

volunteers. b. "Image restoration and counseling 

expense" means reasonable fees

and expenses you necessarily incur 

after a "covered event" occurs for:

(1) The services of a public relations

or similar professional image

restoration organization to assist 

or advise you in order to minimize negative publicity and restore or otherwise positively 

communicate the image of your "operations".

(2) Legal counseling and professional psychological counseling

or other necessary professional 

mental health treatment for you, any of your partners, directors, officers or employees as a result 

of a "covered event". These "image restoration and counseling

expenses" are payable only if 

and when the accused is acquitted or is discharged from being

accused of committing the "covered event".

(3) The recruitment of a replacement for an officer who has been

relieved of their duties in your "operations" as a result of the "covered event". The most we will pay for all "image restoration 

and counseling expense" under Image Restoration and Counseling Expense in any one

"coverage term" is the Limit of Insurance indicated in the Bridge Schedule of Coverage Limits. Section I, R. Deductible applies.

G. Key Individual Replacement Expense

For the purposes of this endorsement only, BUILDING AND PERSONAL PROPERTY 

COVERAGE FORM, SECTION A. COVERAGE, 5. Coverage Extensions is amended to 

include the following:

Key Individual Replacement Expense

1. We will pay the reasonable "replacement 

expense" incurred, and not reimbursed by

any other source, to replace your Chief

Executive Officer or your Executive Director if your incumbent Chief Executive Officer or Executive Director is unable to

continue due to death or permanent disability resulting from an injury that takes

place during the "coverage term". 2. For Key Individual Replacement Expense only, BUILDING AND PERSONAL

PROPERTY COVERAGE FORM, SECTION G. DEFINITIONS, is amended to 

include the following:

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"Replacement expense" means:

a. Costs of advertising the employment 

position opening;

b. Travel, lodging, and meals incurred in

interviewing job applicants for the position opening; and

c. Reasonable extra expenses incurred 

with our prior consent in finding, interviewing and negotiating with the 

job applicants including, but not limited to, overtime pay, costs to verify 

the background and references of the 

applicants and legal expenses incurred to draw up employment contracts. The most we will pay for all "replacement expense" under Key Individual Replacement

Expense in any one "coverage term" is the

Limit of Insurance indicated in the Bridge 

Schedule of Coverage Limits. Section I, R. Deductible applies.

H. Kidnap Expense

For the purposes of this endorsement only, BUILDING AND PERSONAL PROPERTY 

COVERAGE FORM, SECTION A. COVERAGE, 5. Coverage Extensions is amended to 

include the following:

Kidnap Expense

1. We will pay the reasonable "kidnap expense" incurred by you or your current director or officer as a result of the "kidnap" of a "covered person" that takes place 

during the "coverage term". This coverage does not apply to any "kidnapping" by or at the direction of any past

or present family member of the "covered

person". 2. For Kidnap Expense only, BUILDING

AND PERSONAL PROPERTY COVERAGE FORM, SECTION G. DEFINITIONS

is amended to include the following:

a. "Covered person" means:

(1) Any current director or officer of 

the named insured; or

(2) The spouse, parent, or child of a 

current director or officer of the 

named insured. b. "Kidnap", "kidnapped", or "kidnapping" means the illegal taking and

holding of a "covered person" by an

individual who demands a "ransom". The "ransom" must specifically be 

demanded from your assets as a 

condition for the release of the "covered person". c. "Kidnap expense" means:

(1) Fees and expenses of an independent negotiator you have

hired with our prior approval; 

(2) Incurred interest of loans taken

for the purpose of paying "ransom", provided that the loan is 

repaid within seven days of the

insured receiving reimbursement 

from us;

(3) Travel and accommodation expenses incurred by any current 

director or officer of the named

insured;

(4) Reward paid by the insured, with 

our prior approval, to an "informant" for information which leads

to the arrest and conviction of

parties responsible for a "kidnapping", provided that the offer 

of such reward is approved by 

the local law enforcement officials; and

(5) Gross salary including bonuses

and allowances paid by you to

your "kidnapped" director or officer which is contractually due at 

the time the "kidnapping" occurs. The salary will be paid for a period beginning on the date of the

"kidnap" and will end upon the 

earlier of:

(a) Up to 30 days after the release of the director or officer, if the director or officer 

has not yet returned to work;

(b) The discovery of the death

of the director or officer;

(c) 120 days after we receive

the last credible evidence

following the "kidnapping"

that the director or officer is

still alive;

(d) 12 months after the date of

the "kidnapping"; or

(e) The exhaustion of the kidnap expense limit.

d. "Ransom" means money or other 

consideration demanded or paid for

the release of a "covered person". The most we will pay for all "kidnap expense" under Kidnap Expense in any one "coverage 

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term" is the Limit of Insurance indicated in the 

Bridge Schedule of Coverage Limits. Section I, R. Deductible applies.

I. Lease Assessment

For the purposes of this endorsement only, BUILDING AND PERSONAL PROPERTY 

COVERAGE FORM, SECTION A. COVERAGE, 4. Additional Coverages is amended to 

include the following:

Lease Assessment

Your Business Personal Property insurance 

coverage is extended to apply to your share of 

any assessment charged to all tenants by the 

building owner as a result of direct damage 

caused by or resulting from a Covered Cause 

of Loss that occurs during the "coverage term"

to building property you occupy at a "premises" as agreed to in your written lease agreement.

The most we will pay for all "loss" under Lease

Assessment in any one "coverage term"is the

Limit of Insurance indicated in the Bridge 

Schedule of Coverage Limits. Section I, R. Deductible applies.

J. Leasehold Improvements 

For the purposes of this endorsement only, BUILDING AND PERSONAL PROPERTY 

COVERAGE FORM, SECTION A. COVERAGE, 4. Additional Coverages is amended to 

include the following:

Leasehold Improvements

If your lease is cancelled in accordance with a 

valid lease provision as the direct result of a 

Covered Cause of Loss to property during the "coverage term" at a "premises" you occupy as

a tenant, and you cannot legally remove Tenant Improvements and Betterments, as described in SECTION A. COVERAGE, 1. Covered Property, d. Business Personal Property, (6) we will extend your Business Personal Property insurance coverage to apply to the

unamortized value of Tenant Improvement and

Betterment that remain and that you were 

forced to abandon.

The most we will pay for all "loss" under 

Leasehold Improvements in any one "coverage term" is the Limit of Insurance indicated in

the Bridge Schedule of Coverage Limits. Section I, R. Deductible applies.

K. Political Unrest Evacuation Expense

For the purposes of this endorsement only, BUILDING AND PERSONAL PROPERTY 

COVERAGE FORM, SECTION A. COVERAGE, 5. Coverage Extensions is amended to 

include the following:

Political Unrest Evacuation Expense

1. We will reimburse any current director, officer, employee or volunteer of the named

insured for "emergency evacuation expense" that is incurred as the direct result 

of "political unrest" outside of the United

States of America, its territories and possessions, Puerto Rico or Canada. We will

only pay "emergency evacuation expense" directly related to traveling for your business pursuits and we will only pay "emergency evacuation expenses" not reimbursed by any other source. The "political

unrest" must occur in the country where

your current director, officer, employee or

volunteer is traveling and the "political unrest" must occur during the "coverage 

term". No coverage is granted for travel to countries in a state of "political unrest" at the

time of departure of the travel or countries

under a United States Department of 

State trade or travel restriction at the time 

of incident of "political unrest". 2. For Political Unrest Evacuation Expense only, BUILDING AND PERSONAL

PROPERTY COVERAGE FORM, SECTION G. DEFINITIONS is amended to include the following:

a. "Emergency evacuation expense" means:

(1) Additional lodging expenses;

(2) Additional transportation costs;

(3) The cost of obtaining replacement of lost or stolen travel documents necessary for evacuation

from the area of "political unrest"; and

(4) Translation services, message 

transmittals and other communication expenses provided that 

these expenses are not otherwise reimbursable. b. "Political unrest" means:

(1) A short-term condition of disturbance, turmoil or agitation

within a foreign country that poses imminent risks to the security 

of citizens of the United States;

(2) A long-term condition of disturbance, turmoil or agitation that 

makes a foreign country dangerCIC0107

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ous or unstable for citizens of the

United States; or

(3) A condition of disturbance, turmoil or agitation in a foreign

country that constrains the United States Government's ability to

assist citizens of the United

States, due to the closure or inaccessibility of an embassy or 

consulate or because of a reduction of its staff for which either an

alert or travel warning has been 

issued by the United States Department of State. The most we will pay for all "emergency evacuation expenses" under Political Unrest

Evacuation Expense in any one "coverage 

term" is the Limit of Insurance indicated in the 

Bridge Schedule of Coverage Limits. Section I, R. Deductible applies.

L. Premises Boundary Increase

Any reference to 1,000 feet in BUILDING AND 

PERSONAL PROPERTY COVERAGE 

FORM, 1. SECTION A. COVERAGE, 1. Covered

Property, a. Building, (5)(b); or

2. SECTION A. COVERAGE, 1. Covered

Property, b. Outdoor Signs; or 

3. SECTION A. COVERAGE, 1. Covered

Property, d. Business Personal Property; or 

4. SECTION A. COVERAGE, 3. Covered

Causes of Loss, c. Limitations, (2) Limitations - Various Property for Specified Causes, (b), 1); or 

5. SECTION A. COVERAGE, 5. Coverage

Extensions; or

6. SECTION A. COVERAGE, 5. Coverage

Extensions, b. Business Income and 

Extra Expense, (1) Business Income; or

7. SECTION A. COVERAGE, 5. Coverage

Extensions, b. Business Income and 

Extra Expense,(4) Alterations and New

Buildings,(c); or 

8. SECTION A. COVERAGE, 5. Coverage

Extensions, f. Fences;

is increased to 1,800 feet. M. Temporary Meeting Space Expense

For the purposes of this endorsement only, BUILDING AND PERSONAL PROPERTY 

COVERAGE FORM, SECTION A. COVERAGE, 5. Coverage Extensions is amended to 

include the following:

Temporary Meeting Space Expense

We will reimburse you the meeting space 

rental expense incurred, and not reimbursed 

by any other source, due to the temporary unavailability of your primary meeting office 

space on the "premises". The unavailability of

your primary meeting space must be the result 

of direct "loss" to a climate control system or 

hot water heater during the "coverage term". However, Temporary Meeting Space Expense does not apply to the renting of a temporary meeting space solely for use by you, your "employees", your officers or directors unless the temporary meeting space is also required for meeting with vendors, clients or customers outside your organization. The most we will pay for all temporary meeting 

space rental expenses under Temporary 

Meeting Space Expense in any one "coverage term" is the Limit of Insurance indicated in

the Bridge Schedule of Coverage Limits. Section I, R. Deductible applies.

N. Travel Delay Expense

For the purposes of this endorsement only, BUILDING AND PERSONAL PROPERTY 

COVERAGE FORM, SECTION A. COVERAGE, 5. Coverage Extensions is amended to 

include the following:

Travel Delay Expense

1. We will reimburse your current director or 

officers any "travel delay expense" incurred, and not reimbursed by any other 

source, as a result of delay or cancellation

of any regularly scheduled travel on a 

commercial transportation carrier. The 

regularly scheduled travel must be directly 

related to your business pursuits and the 

cause of the cancellation must occur during the "coverage term". However, we will 

only pay for "travel delay expense" first incurred seventy-two (72) hours after the

cancellation occurred.

We will not pay for "travel delay expense" due to a "certified act of terrorism". 2. For Travel Delay Expense only, BUILDING AND PERSONAL PROPERTY 

COVERAGE FORM, SECTION G. DEFINITIONS is amended to include the following:

a. "Certified act of terrorism" means an 

act that is certified by the Secretary of 

the Treasury, in concurrence with the

Secretary of State and the Attorney 

General of the United States, to be 

an act of terrorism pursuant to the 

federal Terrorism Risk Insurance Act. The criteria contained in the TerrorCIC0108

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ism Risk Insurance Act for a "certified 

act of terrorism" include the following:

(1) The act resulted in insured losses in excess of $5 million in the

aggregate, attributable to all 

types of insurance subject to the

Terrorism Risk Insurance Act; 

and

(2) The act is a violent act or an act 

that is dangerous to human life, property or infrastructure and is

committed by an individual or individuals, as part of an effort to 

coerce the civilian population of

the United States or to influence

the policy of affect the conduct of

the United States Government 

by coercion.

b. "Travel delay expense" means the 

following travel-related expense for 

which your director or officer produces a receipt: 

(1) Meals and lodging;

(2) Alternative transportation;

(3) Clothing and necessary toiletries; 

or

(4) Emergency prescription and

non-prescription drug expenses.

The most we will pay for all "travel delay expense" under Travel Delay Expense in any

one "coverage term" is the Limit of Insurance

indicated in the Bridge Schedule of Coverage 

Limits. Section I, R. Deductible applies.

O. Unauthorized Business Card Use

For the purposes of this endorsement only, BUILDING AND PERSONAL PROPERTY 

COVERAGE FORM, SECTION A. COVERAGE, 4. Additional Coverages is amended to 

include the following:

Unauthorized Business Card Use

1. We will pay for your loss of "money" or 

charges and costs you incur that result directly from the unauthorized use of credit, debit or charge cards issued in your business name, including:

(a) Fund transfer cards;

(b) Charge plates; or

(c) Telephone cards. 2. For this endorsement only, BUILDING

AND PERSONAL PROPERTY COVERAGE FORM, SECTION A. COVERAGE,

2. Property Not Covered, a. Accounts, Deeds, Money or Securities is deleted in

its entirety and replaced with the following:

Accounts, Deeds, Money or Securities

Except as provided in SECTION A. 

COVERAGE, 4. Additional Coverages, Unauthorized Business Card Use; 

and 5. Coverage Extensions, a. Accounts Receivable, Accounts, bills, currency, deeds, food stamps or other evidences of debt, "money", notes

or "securities". 3. The most we will pay for all loss of money

or charges and costs under Unauthorized Business Card Use in any one "coverage term" is the Limit of Insurance 

indicated in the Bridge Schedule of Coverage Limits. Section I, R. Deductible applies.

P. Unintentional Error in Description

For the purposes of this endorsement only, BUILDING AND PERSONAL PROPERTY 

COVERAGE FORM, SECTION E. ADDITIONAL CONDITIONS is amended to include 

the following:

An unintentional error in the description of the 

occupancy or address of Covered Property will 

not impair this insurance, provided you report 

the error to us as soon as practicable after the

error becomes known to you.

Q. Workplace Violence Counseling Expense

For the purposes of this endorsement only, BUILDING AND PERSONAL PROPERTY 

COVERAGE FORM, SECTION A. COVERAGE, 4. Additional Coverages is amended to 

include the following:

Workplace Violence Counseling Expense

1. We will reimburse you for emotional 

counseling expense incurred and not reimbursed by any other source resulting 

from a "workplace violence" incident at 

your "premises" during the "coverage 

term". The emotional counseling expenses incurred must have been for:

a. Your employees who were victims of, or witnesses to the "workplace violence";

b. The spouse, parents or children of

your employees who were victims of, or witnesses to the "workplace violence"; and

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c. Any other person or persons who directly witnessed the "workplace violence" incident. 2. For Workplace Violence Counseling 

Expense only, BUILDING AND PERSONAL PROPERTY COVERAGE 

FORM, SECTION G. DEFINITIONS is

amended to include:

"Workplace violence" means any intentional use of deadly force by any person 

with intent to cause harm and that results

in physical injury or death of any person 

while on the insured's "premises". The most we will pay for all emotional counseling expense under Workplace Violence 

Counseling Expense in any one "coverage 

term" is the Limit of Insurance indicated in the 

Bridge Schedule of Coverage Limits. Section I, R. Deductible applies.

R. Deductible

For the purposes of this endorsement only, BUILDING AND PERSONAL PROPERTY 

COVERAGE FROM, SECTION C. DEDUCTIBLE is deleted in its entirety and replaced by

the following:

We will not pay for an insured event in any one

occurrence until the amount of the insured 

event exceeds the Deductible indicated in the

Bridge Schedule of Coverage Limits. We will 

then pay the amount of the insured event in

excess of the Deductible, up to the applicable 

Limit of Insurance in the Bridge Schedule of

Coverage Limits in this endorsement.

SECTION II - CONDITIONS

A. For purposes of this endorsement only, BUILDING AND PERSONAL PROPERTY 

COVERAGE FORM, SECTION D. LOSS 

CONDITIONS, 3. Duties In The Event of 

Loss or Damage is deleted in its entirety and 

replaced by the following:

3. Duties In The Event of an Insured 

Event

a. In the event of an insured event for 

which this coverage is sought, you 

must see that the following are done 

in order for coverage to apply:

(1) Notify the police if a law may 

have been broken; however, this

does not apply to SECTION I - COVERAGES, H. KIDNAP EXPENSE.

(2) Give us prompt notice of the insured event. Include a description of any property involved.

(3) As soon as possible, give us a

description of how, when and 

where the insured event occurred.

(4) Take all reasonable steps to protect any property involved from

further damage. If feasible, set 

the damaged property aside and

in the best possible order for examination. Keep a record of your 

expenses necessary to protect 

any property involved for consideration in the settlement of the

claim. This will not increase your 

limit of insurance. However, in 

no event will we pay for any subsequent insured event resulting

from a cause of loss that is not a

Covered Cause of Loss.

(5) At our request, give us complete 

inventories of any damaged and

undamaged property. Include 

quantities, costs, values and the 

amount claimed as the result of

the insured event.

(6) As often as may be reasonably 

required, permit us to inspect 

any property proving the insured

event and examine your books

and records. Also permit us to take samples

of damaged and undamaged

property for inspection, testing 

and analysis and permit us to

make copies from your books

and records.

(7) Submit a signed sworn proof of

loss containing the information

we request to investigate the

claim. You must do this within 60

days after our request. We will

supply you with the necessary 

forms.

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

(9) If you intend to continue your 

business, you must resume all or 

part of your "operations" as

quickly as possible. b. We may examine any insured under 

oath, while not in the presence of any 

other insured and at such times as

may be reasonably required about 

any matter relating to this insurance

or the claim, including an insured's 

books and records. In the event of an

examination, an insured's answers 

must be signed.

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B. For purposes of this endorsement only, BUILDING AND PERSONAL PROPERTY 

COVERAGE FORM, SECTION D. LOSS 

CONDITIONS, 4. Loss Payment, Paragraphs

a. through h. are deleted in their entirety and

replaced by the following:

a. In the event of an event insured by this

Coverage Part, at our option, we will either:

(1) Pay the value of lost or damaged 

property;

(2) Pay the cost of repairing or replacing

the lost or damaged property;

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

an agreed or appraised value; or

(4) Repair, rebuild or replace the property with other property of like kind and 

quality.

We will determine the value of lost or 

damaged property, or the cost of its repair 

or replacement, in accordance with the 

applicable terms of SECTION D. LOSS 

CONDITIONS, 7. Valuation or any applicable provision that amends or supercedes this valuation condition.

b. The cost of repair or replacement does

not include the increased cost attributable 

to enforcement of any ordinance or law

regulating the construction, use or repair 

of any property, except as provided in

SECTION A. COVERAGE, 4. Additional 

Coverages, g. Ordinance or Law. c. We will give notice of our intentions within 

30 days after we receive the sworn proof 

of loss. d. We will not pay you more than your financial interest in any property for which coverage is sought.

e. We may adjust amounts payable as the 

result of an insured event 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 property for which coverage is

sought.

f. Our payment for "loss" to personal property of others and personal effects will only

be for the account of the owner of the 

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

arising from claims of owners of property. We will do this at our expense. h. We will pay for an insured event within 30 

days after we receive the sworn proof of 

loss if you have complied with all of the 

terms of this Coverage Part; and

(1) We have reached agreement with 

you on the amount of the insured 

event; or

(2) An appraisal award has been made.

C. For purposes of this endorsement only, BUILDING AND PERSONAL PROPERTY 

COVERAGE FORM, SECTION D. LOSS 

CONDITIONS, 7. Valuation, the first sentence

is deleted in its entirety and replaced by the 

following:

7. Valuation

We will determine the value of any property 

involved in the event of an insured event

as follows:

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

of the insured event, except as provided in b., c., d., and e. below.

CIC0111

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FA 4028 IL 07 17

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

ILLINOIS CHANGES

This endorsement modifies insurance provided under the following:

COMMERCIAL PROPERTY COVERAGEPART

A. Nuclear Hazard 

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

Loss, b. Exclusions of the BUILDING AND

PERSONAL PROPERTY COVERAGE FORM

is deleted in its entiretyand replaced bythe following:

(d) Nuclear Hazard

Nuclear reaction or radiation, or radioactive contamination, however caused. However, if nuclear reaction or radiation,

or radioactive contamination, results in

fire, we will pay for the "loss" caused by

that fire.

B. Electrical Current

Exclusion (2)(a) Electrical Current in SECTION A. COVERAGE, 3. Covered Causes of

Loss, b. Exclusions of the BUILDING AND

PERSONAL PROPERTY COVERAGE FORM

is deleted in its entiretyand replaced bythe following:

(a) ElectricalCurrent

Artificially generated electrical or magnetic

or energy that damages, disturbs, disrupts

or otherwise interferes with any:

1) Electrical or electronic wire, device,

appliance, system or network; or

2) Device, appliance, system or network

utilizing cellular or satellite technology. For the purpose of this exclusion, electrical

or magnetic energy includes but is not limited to:

1) Electrical current, including arcing;

2) Electrical charge produced or conducted by a magnetic field; or

3) Pulse.

However, if fire results, we will pay for "loss"

caused by that fire.

C. Inventory or Appraisal 

The last paragraph in SECTION A. COVERAGE,

4. Additional coverages, e. Inventory or Appraisal is deleted in its entirety and replaced by 

the following:

The most we will pay for loss in any one occurrence under this Additional Coverage is $10,000. 

This Coverage is in addition to the Limit of Insurance shown in the Declarations. 

CIC0112

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COMMERCIAL PROPERTY CONDITIONS

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

Conditions and Additional Conditions in Commercial Property Coverage Forms.

A. Concealment, Misrepresentation or Fraud

This Coverage Part is void in any case of 

fraud by you as it relates to this Coverage Part 

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

insured, at any time, intentionally conceal or 

misrepresent a material fact concerning:

1. This Coverage Part;

2. The Covered Property;

3. Your interest in the Covered Property; or

4. A claim under this Coverage Part. B. Control of Property

Any act or neglect of any person other than 

you beyond your direction or control will not 

affect this insurance. The breach of any condition of this Coverage 

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

time of direct "loss", the breach of condition 

does not exist.

C. Insurance Under Two or More Coverages

If two or more of this policy's coverages apply 

to the same "loss", we will not pay more than

the actual amount of the "loss". D. Legal Action Against Us

No one may bring a legal action against us

under this Coverage Part unless:

1. There has been full compliance with all of 

the terms of this Coverage Part; and

2. The action is brought within 2 years after 

the date on which the direct "loss" occurred.

E. Liberalization

If, within 60 days prior to the beginning of this 

Coverage Part or during the policy period, we 

make any changes to any forms or endorsements of this Coverage Part for which there is

currently no separate premium charge, and 

that change provides more coverage than this

Coverage Part, the change will be considered 

as included until the end of the current policy 

period. We will make no additional premium 

charge for this additional coverage during the 

interim.

F. No Benefit to Bailee

No person or organization, other than you, having custody of Covered Property will benefit from this insurance.

G. Other Insurance

1. You may have other insurance subject to

the same plan, terms, conditions and provisions as the insurance under this Coverage Part. If you do, we will pay our 

share of the covered "loss". Our share is

the proportion that the applicable Limit of 

Insurance under this Coverage Part bears

to the Limits of Insurance of all insurance

covering on the same basis. 2. If there is other insurance covering the

same "loss", other than that described in

1. above, we will pay only for the amount 

of covered "loss" in excess of the amount

due from that other insurance, whether 

you can collect on it or not. However, we 

will not reimburse any deductible or

difference between Actual Cash Value

and Replacement Cost valuations. We 

will not pay more than the applicable Limit 

of Insurance.

H. Policy Period, Coverage Territory

Under this Coverage Part:

1. We cover "loss" commencing:

a. During the policy period shown in the

Declarations; and

b. Within the coverage territory.

2. The coverage territory:

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

b. Puerto Rico; and

c. Canada.

I. Transfer of Rights of Recovery Against 

Others to Us

If any person or organization to or for whom 

we make payment under this Coverage Part 

has rights to recover damages from another, 

those rights are transferred to us to the extent 

of our payment. That person or organization

must do everything necessary to secure our 

rights and must do nothing after direct "loss"

to impair them. But you may waive your rights

against another party in writing:

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1. Prior to a direct "loss" to your Covered

Property or Covered Income.

2. After a direct "loss" to your Covered 

Property or Covered Income only if, at 

time of direct "loss", that party is one of 

the following:

a. Someone insured by this insurance;

b. A business firm:

(1) Owned or controlled by you; or

(2) That owns or controls you; or

c. Your tenant. This will not restrict your insurance.

CIC0114

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THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

BUSINESS INCOME CHANGES - WAITING PERIOD

This endorsement modifies insurance provided under the following:

COMMERCIAL PROPERTY COVERAGE PART

SCHEDULE

"Period of Restoration" Waiting Period

 24 hours 48 hours 72 hours

A. Applicable Coverage Forms

This endorsement applies to the following Cov- erage Forms:

1. BUSINESS INCOME (AND EXTRA EX- PENSE) COVERAGE FORM, and

2. BUSINESS INCOME (WITHOUT EXTRA

EXPENSE) COVERAGE FORM

B. SECTION F. DEFINITIONS, 7. "Period of Restoration", is deleted in its entirety and replaced

with the following:

7. "Period of Restoration" means the period

of time that:

a. Begins:

(1) After the number of hours selected

and shown in the Schedule have

passed from the time of direct

physical "loss" for Business In- come coverage; or

(2) Immediately after the time of direct

physical "loss" for Extra Expense

coverage;

caused by or resulting from any Covered

Cause of Loss at the "premises"; and

b. Ends on the earlier of:

(1) The date when the property at the

"premises" should be repaired, re- built or replaced with reasonable

speed and similar quality; or

(2) The date when business is re- sumed at a new permanent location.

"Period of restoration" does not include

any increased period required due to

the enforcement of any ordinance or

law that:

(1) Regulates the construction, use or

repair, or requires the tearing

down of any property; or

(2) Requires any insured or others to

test for, monitor, clean up, remove,

contain, treat, detoxify or neutralize, or in any way respond to, or

assess the effects of "pollutants".

The expiration date of this policy will

not cut short the "period of restoration".

X

CIC0115

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IP-425 (8/04)

ILLINOIS MINE SUBSIDENCE WAIVER FORM

WAIVER OF INSURANCE

I (we) do not desire Mine Subsidence insurance coverage and hereby waive any right to such coverage, un- der this policy or any future policy covering my (our) interest in the property described in the policy (in the ap- plication), unless I (we) request mine subsidence coverage, in writing, at some future date.

Named Insured

Policy Number

Signature of Insured Date

Officer Title*

*IF INSURED IS A CORPORATION, HAVE AN OFFICER OF THE CORPORATION SIGN WITH HIS TITLE.

THE BEND HOTEL DEVELOPMENT COMPANY LLC

ETD 051 52 30

CIC0116

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Includes copyrighted material of Insurance

FA 223 05 16 Services Office, Inc., with its permission. Page 1 of 3

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

WATER BACKUP DISCHARGED FROM SEWERS, DRAINS,

SEPTIC OR SUMP PUMP SYSTEMS ENDORSEMENT

This endorsement modifies insurance provided under the following:

COMMERCIAL PROPERTY COVERAGE PART

SCHEDULE

(Enter an "x" in one of the OPTION boxes to activate coverage.)

OPTION I

 ̈ Coverage applies at all "premises" indicated on the Declarations page.

OPTION II

 ̈ Coverage applies only at "premises" scheduled below:

Loc Bldg Address

Limit of Insurance Per "Premises": $

Deductible Per Occurrence: $

This endorsement applies only to the "premises" indicated in the Schedule of this endorsement.

A. Modified Water Exclusion

For the purposes of this endorsement only:

1. BUILDING AND PERSONAL PROPERTY COVERAGE FORM, SECTION A. COVERAGE, 3. Covered Causes of

Loss, b. Exclusion (1)(g) Water, Paragraph 3) is deleted in its entirety and replaced by the following:

3) Except as provided in SECTION A. COVERAGE, 5. Coverage Extensions, Water Backup Discharged

from Sewers, Drains, Septic or

Sump Pump Systems, water that

has entered and then backs up 

through and is discharged from a 

sewer, drain, septic system, sump 

pump system or related equipment; 

or 

2. BUILDING AND PERSONAL PROPERTY COVERAGE FORM, SECTION A. COVERAGE, 3. Covered Causes of 

Loss, b. Exclusion (1)(g) Water, Paragraph 5) is deleted in its entirety and replaced by the following:

5) Except as provided in SECTION A. COVERAGE, 5. Coverage Extensions, Water Backup Discharged

from Sewers, Drains, Septic or

Sump Pump Systems, waterborne 

material carried or otherwise moved

by any of the water referred to in

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

material carried or otherwise moved 

by mudslide or mudflow as described in Paragraph (g)2).

X

1 1 111 BEND BOULEVARD

EAST MOLINE, IL 61244

100,000

5,000

CIC0117

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Includes copyrighted material of Insurance

FA 223 05 16 Services Office, Inc., with its permission. Page 2 of 3

B. Coverage - Water Backup Discharged

From Sewers, Drains, Septic or Sump

Pump Systems

With respect to the "premises" identified in

the Schedule of this endorsement, and for 

the purposes of this endorsement only:

BUILDING AND PERSONAL PROPERTY

COVERAGE FORM, SECTION A. COVERAGE, 3. Covered Causes of Loss, a. Covered Causes of Loss is deleted in its entirety and replaced by the following:

a. Covered Cause of Loss

Covered Causes of Loss means water or 

waterborne material that has entered 

and then backs up through and is discharged from a sewer, drain (including 

roof drains and related fixtures), septic

system, sump pump system or related 

equipment located on a "premises" identified in the Schedule of this endorsement;

C. Exclusions

For the purposes of this endorsement only,

BUILDING AND PERSONAL PROPERTY

COVERAGE FORM, SECTION A. COVERAGE, 3. Covered Causes of Loss, b. Exclusions, Paragraph (2) is amended to include the following:

1. The coverage provided by this endorsement does not apply if discharge as described in Paragraph B. is caused by or

results from:

a. Failure to perform routine maintenance or repairs necessary to keep 

a sewer, drain, septic or sump pump 

system or similar equipment free 

from obstruction and in proper working condition;

b. Sump pump system failure due to

the failure of power or other utility 

services supplied to a "premises"

identified in the Schedule of this endorsement; or

c. Equipment breakdown of any sump 

pump system or similar equipment. 2. We will not pay the cost of repairing or 

replacing a sewer, drain, septic or sump

pump system or any related parts or 

equipment.

3. This endorsement does not apply if discharge as described in Paragraph B. is

caused by or results from flood, meaning 

the partial or complete inundation of 

normally dry land areas due to:

a. The unusual or rapid accumulation

or runoff of rain or surface waters

from any source; or

b. Waves, tidal waters, tidal waves (including tsunami); or 

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

that rises above, overflows from, or 

is not contained within its natural or 

man-made boundary; and

All whether driven by wind or not, including storm surge. D. Coinsurance

For the purposes of this endorsement only,

BUILDING AND PESONAL PROPERTY

COVERAGE FORM, SECTION E. ADDITIONAL CONDITIONS, 1. Coinsurance is

deleted in its entirety.

E. Limit of Insurance

For the purposes of this endorsement only,

BUILDING AND PERSONAL PROPERTY 

COVERAGE FORM, SECTION B. LIMITS 

OF INSURANCE is amended to include the 

following:

1. The most we will pay for all "loss" to

Covered Property, including loss of "Business Income", "Rental Value" and

Extra Expense, in any one occurrence

caused by or resulting from water or waterborne material that has entered and

then backs up through and is discharged

from a sewer, drain, septic system, sump 

pump system or related equipment is the 

applicable Limit of Insurance shown in

the Schedule of this endorsement.

2. The Limit of Insurance described in Paragraph E.1. is not an additional amount

of insurance, and is included in the total 

Limit of Insurance referenced in the Declarations for the Coverages and "premises" indicated in the Schedule of this endorsement. F. Deductible

For the purposes of this endorsement only,

BUILDING AND PERSONAL PROPERTY

COVERAGE FORM, SECTION C. DEDUCTIBLE is amended to include the following:

Water Backup Discharged From Sewers,

Drains, Septic or Sump Pump Systems

1. The deductible indicated in the Schedule

of this endorsement is the only deductible that applies to each direct "loss" caused by water or waterborne material 

that backs up through and is discharged

CIC0118

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Includes copyrighted material of Insurance

FA 223 05 16 Services Office, Inc., with its permission. Page 3 of 3

from a sewer, drain, septic system, sump 

pump or related equipment.

2. We will not pay for "loss" in any one occurrence until the amount of "loss" exceeds the deductible shown in the Declarations or the Schedule of this endorsement, whichever is greater. We will

then pay the amount of "loss" in excess

of the deductible, up to the applicable

Limit of Insurance in the Schedule of this 

endorsement.

G. Other Insurance

For the purposes of this endorsement only,

BUILDING AND PERSONAL PROPERTY

COVERAGE FORM, SECTION D. LOSS 

CONDITIONS, 4. Loss Payment is amended 

to include the following:

The Coverage provided by this endorsement

is excess over any other valid insurance, whether you can collect from it or not.

CIC0119

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FA 244 05 11 Page 1 of 3

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EQUIPMENT BREAKDOWN COVERAGE

(Excluding Production Machinery)

This endorsement modifies insurance provided under the following:

COMMERCIAL PROPERTY COVERAGE FORM

A. COVERAGE

1. BUILDING AND PERSONAL PROPERTY COVERAGE FORM, SECTION A. COVERAGE is amended by adding the 

following:

We will pay for direct damage to Covered 

Property caused by or resulting from an "accident" at the "premises". 2. BUILDING AND PERSONAL PROPERTY COVERAGE FORM, SECTION A. COVERAGE, 3. Covered Causes of

Loss, b. Exclusions is amended by:

a. Adding the following to (1)(e) Utility 

Services, (1)(g) Water 1), (2)(a) 

Electrical Current, (2)(d) Miscellaneous Causes of Loss, (2)(j) Exposure to Weather, (3)(a) Weather

Conditions, (3)(b) Acts or Decisions, and (3)(c) Defects, Errors,

and Omissions:

However, this exclusion does not apply if these causes of loss are caused 

by, or result from, an "accident" to

Covered Property at the "premises". b. Deleting in its entirety (2)(e) Explosion of Steam Apparatus.

3. BUILDING AND PERSONAL PROPERTY COVERAGE FORM, SECTION A. COVERAGE, 3. Covered Causes of

Loss, c. Limitations is amended:

a. By deleting in its entirety:

(1) (1)(a) Steam Apparatus; and

(2) (1)(b) Hot Water Boilers, b. And by adding the following:

The following limitations apply only to "loss" covered by this endorsement.

The sublimits provided in Paragraphs

(1), (2) and (3) below are included 

within, and are not in addition to, the 

Limit of Insurance shown in the Declarations as applicable to the Covered 

Property. These limits, or the applicable Limit of Insurance shown in the 

Declarations as applicable to the 

Covered Property, whichever is less, 

apply. These limits apply to direct 

damage only.

(1) Ammonia Contamination Limitation

If Covered Property is contaminated by ammonia as a result of

an "accident" to Covered Property at the "premises", the most 

we will pay for this kind of damage, including salvage expense, 

is $50,000 per location.

(2) Data, Media and Software Restoration

If "electronic data" is destroyed 

or corrupted as a result of an

"accident" to covered equipment, 

the most we will pay for the expenses incurred by you for the

restoration of that "electronic

data" is $50,000 for all loss sustained in the "coverage term", regardless of the number of "accidents" or the number of "premises" involved.

(3) "Hazardous Substance" Limitation

The following applies despite the

operation of the Ordinance or 

Law Exclusion. 

If Covered Property is damaged, contaminated or polluted by a

"hazardous substance" as a result of an "accident" to Covered 

Property at the "premises", the

most we will pay for any additional expenses incurred by you

for clean up, repair, replacement 

or disposal of that property is

$50,000. As used here, additional expenses mean expenses

incurred beyond those for which

we would be liable if no "hazardous substance" had been involved. B. Additional Coverages

For the purposes of the coverages in this endorsement only, BUILDING AND PERSONAL 

PROPERTY COVERAGE FORM, SECTION 

CIC0120

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FA 244 05 11 Page 2 of 3

A. COVERAGE, 4. Additional Coverages is 

amended as follows:

1. The first paragraph is deleted in its entirety and replaced with the following:

All other terms and conditions of this Coverage Part, including Limits of Insurance 

and deductibles, apply to these Additional 

Coverages. 2. The following is added:

a. Drying Out

If electrical equipment included in 

Covered Property requires "drying

out" as a result of a "flood", the reasonable expense incurred for the "drying out" will be covered. This Additional Coverage is included within

the Limit of Insurance shown in the 

Declarations as applicable to the 

Covered Property. b. Expediting Expenses

With respect to "loss" covered by this 

endorsement, and with respect to 

your damaged Covered Property, we 

will pay the reasonable extra cost to:

(1) Make temporary repairs;

(2) Expedite permanent repairs; and

(3) Expedite permanent replacement.

c. Non-Owned Utility Service Equipment

We will pay for indirect loss resulting

from an "accident" to non-owned utility equipment described in E. Definitions, 1.a.(6) but we will not pay for 

any expense to repair or replace direct damage to non-owned utility 

equipment that:

(1) You do not own, lease or rent, or

(2) That is not in your care custody 

and control. This Additional Coverage is included

within the Limit of Insurance shown in the 

Declarations as applicable to the Covered 

Property.

C. Deductible

For the purposes of the coverages in this endorsement only, BUILDING AND PERSONAL 

PROPERTY COVERAGE FORM, SECTION 

C. DEDUCTIBLE is amended by adding the 

following:

The deductible applicable to "loss" covered by 

this endorsement is $500, or the deductible indicated in the Declarations as being applicable

to the lost or damaged Covered Property, 

whichever is greater.

D. Conditions

For the purposes of the coverages in this endorsement only, BUILDING AND PERSONAL 

PROPERTY COVERAGE FORM, SECTION 

E. ADDITIONAL CONDITIONS is amended by

adding the following:

1. Suspension

Whenever any covered equipment is

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

may immediately suspend the insurance 

against "loss" from an "accident" to that 

covered equipment. This can be done by 

delivering or mailing a written notice of 

suspension to:

a. Your last known address; or

b. The address where the covered 

equipment is located.

Once suspended in this way, your insurance can be reinstated only by written notice from us.

If we suspend your insurance, you will get 

a pro rata refund of premium for that covered equipment. However, the suspension 

will be effective even if we have not yet 

made or offered a refund. 2. Inspection

If any Covered Property requires inspection to comply with state or municipal 

boiler and pressure vessel regulations, we 

agree to perform such inspection on your 

behalf. E. Definitions

For the purposes of the coverages in this endorsement only, BUILDING AND PERSONAL 

PROPERTY COVERAGE FORM, SECTION 

G. DEFINITIONS is amended by adding the

following:

1. a."Accident" means a sudden and accidental breakdown of the following covered 

equipment:

(1) Any boiler;

(2) Any fired or unfired pressure vessel 

subject to vacuum or internal pressure other than the static pressure of

its contents;

(3) Any piping and its accessory equipment;

(4) Any refrigeration or air conditioning 

system; or

CIC0121

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FA 244 05 11 Page 3 of 3

(5) Any mechanical or electrical machine 

or apparatus used for the generation, 

transmission or utilization of mechanical or electrical power.

(6) Equipment of a type described in 

definition a.(1) through (5) above 

which you do not own, lease or rent

and is not in your care, custody or 

control that is on or within one mile of

a covered "location", and is supplying

you with electricity, gas, water, 

steam, heat, refrigeration, air conditioning or communication services.

At the time the breakdown occurs, it must 

become apparent by physical damage 

that requires repair or replacement of the 

covered equipment or part thereof. b. None of the following is an "accident":

(1) Depletion, deterioration, corrosion or 

erosion, wear and tear;

(2) Leakage at any valve, fitting, shaft

seal, gland packing, joint or connection;

(3) The functioning of any safety or protective device; or

(4) The breakdown of any structure or 

foundation.

c. None of the following are covered equipment:

(1) Any sewer piping, underground gas

piping, or piping forming a part of a 

sprinkler system;

(2) Water piping other than boiler feed 

water piping, boiler condensate return

piping or water piping forming a part 

of a refrigeration or air conditioning 

system;

(3) Insulating or refractory material;

(4) Vehicle, elevator, escalator, conveyor, hoist or crane;

(5) Felt, wire, screen, die, extrusion 

plate, swing hammer, grinding disc, cutting blade, non-electrical cable,

chain, belt, rope, clutch plate, brake 

pad, nonmetallic part, or any part or 

tool subject to periodic replacement; 

or

(6) "Production Machinery". d. If a strike, riot, civil commotion, act of 

sabotage or vandalism results in an "accident", this insurance applies. However, 

the War and Military Action Exclusion and 

the conditions of this Coverage Part still 

apply.

2. "Drying out" means restoration of electrical 

equipment to service following a "flood" by removal of excess moisture from that equipment 

including:

a. Application of heat or controlled electrical 

current, circulation of air, or use of dehumidification equipment, after rinsing the 

electrical equipment with clean fresh water if necessary to flush away "flood" debris;

b. "Drying out" can be done in place or 

equipment can be disconnected and removed to a repair facility for drying if necessary.

c. "Drying out" does not include or apply to:

(1) Replacement or repair of any electrical equipment or parts thereof; or

(2) Any expense related to deconstruction, demolition, or reconstruction of

any building component, structure or 

part thereof to gain access to electrical equipment.

3. "Flood" means a general and temporary condition of partial or complete inundation of normally dry land areas due to:

a. The overflow of inland or tidal waters;

b. The unusual or rapid accumulation or 

runoff of surface waters from any source;

or

c. Mudslides or mudflows, which are caused 

by flooding as defined above in Paragraph 

3.b. For the purpose of this Covered 

Cause of Loss, a mudslide or mudflow involves a river of liquid and flowing mud on 

the surface of normally dry land areas as

when earth is carried by a current of water 

and deposited along the path of the current.

All flooding in a continuous or protracted 

event will constitute a single "flood".

4. "Hazardous Substance" means a substance

declared to be hazardous to health by a governmental agency.

5. "Production Machinery" means:

a. Production or process machine or apparatus that processes, forms, cuts, shapes

grinds or conveys raw material, material in 

process or finished products, and the 

computers and their peripherals that control or operate such a machine or apparatus. b. Machine or apparatus used for research, 

medical, diagnostic, surgical, dental or 

pathological purposes, and computers

and their peripherals that control or operate such a machine or apparatus.

CIC0122

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Includes copyrighted material of Insurance

FA 213 IL 05 16 Services Office, Inc., with its permission. Page 1 of 9

BUSINESS INCOME (AND EXTRA EXPENSE)

COVERAGE FORM - ILLINOIS

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

and what is and is not covered. Throughout this policy the words "you" and "your" refer to the Named Insured shown in the Declarations. The 

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

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

SECTION A. COVERAGE

Coverage is provided as described and limited below for one or more of the following options for

which a Limit of Insurance is shown in the Declarations:

a. "Business Income" including "Rental Value". b. "Business Income" other than "Rental Value". c. "Rental Value".

If option a. above is selected, the term "Business

Income" will include "Rental Value". If option c.

above is selected, the term "Business Income" will

mean "Rental Value" only.

If Limits of Insurance are shown under more than

one of the above options, the provisions of this

Coverage Part apply separately to each. 1. Business Income

a. We will pay for the actual loss of "Business Income" you sustain due to the necessary "suspension" of your "operations" during the "period of restoration". The "suspension" must be caused by direct "loss" to property at "premises" which are

described in the Declarations and for 

which a "Business Income" Limit of Insurance is shown in the Declarations. The "loss" must be caused by or result from a 

Covered Cause of Loss. With respect to "loss" to personal property in the open (or

personal property in a vehicle or portable 

storage unit), the "premises" include the 

area within 1,000 feet of the building or 

1,000 feet of the "premises", whichever 

distance is greater. b. With respect to the requirements set forth 

in the preceding paragraph, if you are a

tenant and occupy only part of the site at 

which the "premises" are located, for the

purposes of this Coverage Part only, your "premises" is the portion of the building

which you rent, lease or occupy, including:

(1) Any area within the building or on the

site at which the "premises" are located if that area services or is used 

to gain access to the described

"premises".

(2) Your personal property in the open 

(or in a vehicle or portable storage

unit) within 1,000 feet of the building 

or 1,000 feet of the "premises", whichever distance is greater.

2. Extra Expense

a. Extra Expense coverage is provided at 

the "premises" described in the Declarations only if the Declarations show that "Business Income" coverage applies at

that "premises". b. Extra Expense means necessary expenses you sustain (as described in Paragraphs 2.c., d. and e.) during the "period 

of restoration" that you would not have 

sustained if there had been no direct "loss" to property caused by or resulting

from a Covered Cause of Loss. c. If these expenses reduce the otherwise 

payable "Business Income" loss, we will

pay expenses (other than the expense to

repair or replace property as described in

Paragraph 2.d.) to:

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

(a) At the "premises"; or

(b) At replacement "premises" or 

temporary locations, including

relocation expenses and costs to

equip and operate the replacement location or temporary location; or

(2) Minimize the "suspension" of business if you cannot continue "operations". d. We will also pay expenses to:

(1) Repair or replace property; or 

CIC0123

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FA 213 IL 05 16 Services Office, Inc., with its permission. Page 2 of 9

(2) Research, replace or restore the lost

information on damaged "valuable

papers and records";

but only to the extent this payment reduces the otherwise payable "Business Income" loss. If any property obtained for 

temporary use during the "period of restoration" remains after the resumption of

normal "operations", the amount we will 

pay under this Coverage Form will be reduced by the salvage value of that property.

e. Extra Expense as described in Paragraphs 2.a. thru 2.d. does not apply to

"loss" to Covered Property as described

in the BUILDING AND PERSONAL

PROPERTY COVERAGE FORM. 3. Covered Causes of Loss

See BUILDING AND PERSONAL PROPERTY COVERAGE FORM, SECTION A. COVERAGE, 3. Covered Causes of Loss.

4. Limitation for Electronic Data

a. Coverage for "Business Income" does not 

apply when a "suspension" of "operations" is caused by destruction or corruption of "electronic data", or any "loss" to

"electronic data", except as provided under SECTION A. COVERAGE, 5. Additional Coverages, d. Interruption of 

Computer Operations. b. Coverage for Extra Expense does not apply when action is taken to avoid or minimize a "suspension" of "operations" caused by destruction or corruption of "electronic data", or any "loss" to "electronic data", except as provided under

SECTION A. COVERAGE, 5. Additional 

Coverages, d. Interruption of Computer Operations. c. This Limitation does not apply when "loss" to "electronic data" involves only

"electronic data" which is integrated in 

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

conditioning or security system.

5. Additional Coverages

The Additional Coverages in Paragraphs 5.a.

through 5.e. are included within and not additional "Business Income" and Extra Expense 

Limits of Insurance.

a. Alterations and New Buildings

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

Extra Expense you sustain due to direct "loss" at the "premises" caused by or resulting from any Covered Cause of Loss 

to:

(1) New buildings or structures, whether

complete or under construction;

(2) Alterations or additions to existing

buildings or structures; and

(3) Machinery, equipment, supplies or 

building materials located on or within 1,000 feet of the "premises" and:

(a) Used in the construction, alterations or additions; or

(b) Incidental to the occupancy of

new buildings.

If such direct "loss" delays the start of "operations", the "period of restoration"

for "Business Income" coverage will begin

on the date "operations" would have begun if the direct "loss" had not occurred. b. Civil Authority

When a Covered Cause of Loss causes

direct damage to property other than 

Covered Property at the "premises", we

will pay for the actual loss of "Business

Income" you sustain and necessary Extra

Expense you sustain caused by action of

civil authority that prohibits access to the "premises", provided that both of the following apply:

(1) Access to the area immediately surrounding the damaged property is

prohibited by civil authority as a result of the damage; and

(2) The action of civil authority is taken in 

response to dangerous physical conditions resulting from the damage or 

continuation of the Covered Cause of

Loss that caused the damage, or the

action is taken to enable a civil authority to have unimpeded access to 

the damaged property.

Civil Authority coverage for "Business Income" will begin immediately after the

time of the first action of civil authority that 

prohibits access to the "premises" and will 

apply for a period of up to 30 consecutive 

days from the date on which such coverage began. Civil Authority coverage for Extra Expense will begin immediately after the

time of the first action of civil authority that 

prohibits access to the "premises" and will 

end 30 consecutive days after the date of

that action; or when your Civil Authority 

coverage for "Business income" coverage

ends, whichever is later.

CIC0124

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c. Extended Business Income

(1) "Business Income" Other Than

"Rental Value"

If the necessary "suspension" of your "operations" produces a "Business

Income" loss payable under this

Coverage Part, we will pay for the actual loss of "Business Income" you

sustain during the period that:

(a) Begins on the date property (except "finished stock") is actually

repaired, rebuilt or replaced and

"operations" are resumed; and

(b) Ends on the earlier of:

(i) The date you could restore

your "operations", with reasonable speed, to the level

which would generate the

"Business Income" amount 

that would have existed if no 

direct "loss" had occurred; or

(ii) 60 consecutive days after

the date determined in

c.(1)(a) above.

However, Extended Business Income

does not apply to loss of "Business

Income" sustained as a result of unfavorable business conditions caused

by the impact of the Covered Cause

of Loss in the area where the "premises" are located.

Loss of "Business Income" must be

caused by direct "loss" at the "premises" caused by or resulting from any 

Covered Cause of Loss.

(2) "Rental Value"

If the necessary "suspension" of your "operations" produces a "Rental Value" loss payable under this Coverage

Part, we will pay for the actual loss of "Rental Value" you sustain during the

period that:

(a) Begins on the date property is

actually repaired, rebuilt or replaced and tenantability is restored; and

(b) Ends on the earlier of:

(i) The date you could restore

tenant occupancy, with reasonable speed, to the level

which would generate the

"Rental Value" that would

have existed if no direct "loss" had occurred; or

(ii) 60 consecutive days after

the date determined in

c.(2)(a) above.

However, Extended Business Income 

does not apply to loss of "Rental Value" sustained as a result of unfavorable business conditions caused by the impact of 

the Covered Cause of Loss in the area

where the "premises" are located.

Loss of "Rental Value" must be caused by 

direct "loss" at the described "premises" caused by or resulting from any Covered

Cause of Loss.

d. Interruption of Computer Operations

(1) Subject to all provisions of this Additional Coverage - Interruption of 

Computer Operations, you may extend the insurance that applies to

"Business Income" and Extra Expense to apply to a "suspension" of "operations" caused by an interruption in computer operations due to

destruction or corruption of "electronic data" due to a Covered Cause of 

Loss. This Additional Coverage - Interruption of Computer Operations

does not apply when loss to "electronic data" only involves loss to

"electronic data" which is integrated 

in and operates or controls a building's elevator, lighting, heating, ventilation, air conditioning or security 

system.

(2) The Covered Causes of Loss include 

a virus, harmful code or similar instruction introduced into or enacted

on a computer system (including "electronic data") or a network to 

which it is connected, designed to

damage or destroy any part of the 

system or disrupt its normal operation. But there is no coverage for an 

interruption related to manipulation of

a computer system (including "electronic data") by any employee, including a temporary or leased employee, or by an entity retained by 

you or for you to inspect, design, install, maintain, repair or replace that 

system.

(3) The most we will pay under this Additional Coverage - Interruption of 

Computer Operations is $2,500 for 

all loss sustained and expense sustained in any "coverage term", regardless of the number of interruptions or the number of "premises", locations or computer systems involved. If loss payment relating to the

first interruption does not exhaust this

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amount, then the balance is available 

for loss or expense sustained as a 

result of subsequent interruptions in

that "coverage term". A balance remaining at the end of a "coverage

term" does not increase the amount 

of insurance in the next "coverage

term". With respect to any interruption which begins in one "coverage

term" and continues or results in additional loss or expense in that subsequent "coverage term", all loss and

expense is deemed to be sustained

in the "coverage term" in which the

interruption began.

(4) This Additional Coverage - Interruption in Computer Operations does

not apply to loss sustained or expense sustained after the end of the

"period of restoration", even if the 

amount of insurance stated in Paragraph d.(3) of this Additional Coverage has not been exhausted.

e. Ingress and Egress

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

Extra Expense you sustain caused by the

prevention of existing ingress or egress at 

a "premises" shown in the Declarations

due to direct "loss" by a Covered Cause

of Loss at a location contiguous to such

"premises". However, coverage does not 

apply if ingress or egress from the "premises" is prohibited by civil authority. 

Ingress and egress coverage for "Business Income" will begin immediately after 

the time of the direct "loss" and will continue for a period up to 30 consecutive

days.

Ingress and egress coverage for Extra 

Expense will begin at time of the direct "loss" and will continue for 30 consecutive

days or whenever your Ingress and 

Egress "business income" coverage 

ends, whichever occurs first.

6. Coverage Extension

The limit applicable to the Coverage Extension 

is in addition to the Limit of Insurance. SECTION D. ADDITIONAL CONDITION, 1. Coinsurance does not apply to this Coverage Extension. Newly Purchased or Leased Locations

a. You may extend your "Business Income" and Extra Expense coverages to apply to

property located at:

(1) New buildings or additions while being built on a "premises";

(2) Buildings you newly purchase or become required to insure by written 

contract; or

(3) Leased buildings or space therein

that you are not required to insure.

Such lease must be for a period of 12

consecutive months or longer.

This does not apply to property situated at 

trade shows, fairs or exhibitions. b. The most we will pay in total for "Business

Income" and Extra Expense loss under 

this Coverage Extension is $100,000 at 

each location described in Paragraph 6.a.

c. Insurance under this Coverage Extension 

will end when any of the following first occurs:

(1) This policy expires;

(2) 90 days pass from the date you

begin construction on that part of the 

building that would qualify as Covered Property; 

(3) 90 days pass from the date you purchase, lease, or become contractually required to insure property described in Paragraphs 6.a.(2) and (3); 

or 

(4) You report values to us when you

acquire your new building or business personal property. We will charge you additional premium for

values reported from the date you purchase or 

lease the property or begin construction on 

that part of the building that would qualify as 

Covered Property. SECTION B. LIMITS OF INSURANCE

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

the Declarations.

SECTION C. LOSS CONDITIONS

The following conditions apply in addition to the

COMMON POLICY CONDITIONS and the COMMERCIAL PROPERTY CONDITIONS.

1. Appraisal

If we and you disagree on the amount of "Business Income" or Extra Expense loss, either may make written demand for an appraisal of the loss. In this event, each party will

select a competent and impartial appraiser.

The two appraisers will select an umpire. If 

they cannot agree, either may request that selection be made by a judge of a court having 

jurisdiction. The appraisers will state separately the amount of "Business Income" or Extra 

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Expense loss. If they fail to agree, they will

submit their differences to the umpire. A decision agreed to by any two will be binding, however you retain the right to file suit against 

us. Each party will:

a. Pay its chosen appraiser; and

b. Bear the other expenses of the appraisal 

and umpire equally.

If there is an appraisal, we will still retain our 

right to deny the claim.

2. Duties in the Event of Loss

a. You must see that the following are done

in the event you have a "Business Income" or Extra Expense loss:

(1) Notify the police if a law may have

been broken.

(2) Give us prompt notice of the direct "loss". Include a description of the

property involved.

(3) As soon as possible, give us a description of how, when, and where

the direct "loss" occurred.

(4) Take all reasonable steps to protect

the Covered Property from further 

damage, and keep a record of your 

expenses necessary to protect the 

Covered Property, for consideration 

in the settlement of the claim. This 

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

any subsequent loss resulting from a 

cause of loss that is not a Covered

Cause of Loss. Also, if feasible, set

the damaged property aside and in

the best possible order for examination.

(5) As often as may be reasonably required, permit us to inspect the property proving the loss and examine 

your books and records. Also permit us to take samples of 

damaged and undamaged property 

for inspection, testing and analysis,

and permit us to make copies from 

your books and records.

(6) Send us a signed, sworn proof of

loss containing the information we 

request to investigate the claim. You 

must do this within 60 days after our 

request. We will supply you with the

necessary forms.

(7) Cooperate with us in the investigation

or settlement of the claim.

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

your "operations" as quickly as possible. b. We may examine any insured under oath, while not in the presence of any other insured and at such times as may be reasonably required, about any matter relating to this insurance or the claim, including an insured's books and records. In the 

event of an examination, an insured's answers must be signed. 3. Loss Determination

a. The amount of "Business Income" loss

will be determined based on:

(1) The Net Income of the business before the direct "loss" occurred;

(2) The likely Net Income of the business

if no direct "loss" had occurred, but 

not including any Net Income that 

would likely have been earned as a 

result of an increase in the volume of 

business due to favorable business

conditions caused by the impact of 

the Covered Cause of Loss on customers or on other businesses;

(3) The operating expenses, including

payroll expenses, necessary to resume "operations" with the same 

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

(4) Other relevant sources of information, including:

(a) Your financial records and accounting procedures;

(b) Bills, invoices and other vouchers; and

(c) Deeds, liens or contracts.

b. The amount of Extra Expense will be determined based on:

(1) All expenses that exceed the normal 

operating expenses that would have

been sustained by "operations" during the "period of restoration" if no direct "loss" had occurred. We will deduct from the total of such expenses:

(a) The salvage value that remains

of any property bought for temporary use during the "period of

restoration", once "operations" are resumed; and

(b) Any Extra Expense that is paid 

for by other insurance, except 

for insurance that is written subject to the same plan, terms, conditions and provisions as this

insurance; and

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(2) Necessary expenses that reduce the

"Business Income" loss that otherwise would have been incurred.

c. Resumption of Operations

We will reduce the amount of your:

(1) "Business Income" loss, other than

Extra Expense to the extent you can

resume your "operations", in whole or 

in part, by using damaged or undamaged property (including merchandise or stock) at the "premises" or 

elsewhere.

(2) Extra Expense loss to the extent you

can return "operations" to normal and

discontinue such Extra Expense. d. If you do not resume "operations", or do 

not resume "operations" as quickly as

possible, we will pay based on the length

of time it would have taken to resume "operations" as quickly as possible. 4. Loss Payment

We will pay for insured loss within 30 days after we receive the sworn proof of loss, if you 

have complied with all of the terms of this 

Coverage Part and:

a. We have reached agreement with you on 

the amount of "loss"; or

b. An appraisal award has been made.

SECTION D. ADDITIONAL CONDITION

1. Coinsurance

If a Coinsurance percentage is shown in the 

Declarations, the following condition applies in 

addition to the COMMON POLICY CONDITIONS and the COMMERCIAL PROPERTY 

CONDITIONS.

We will not pay the full amount of any "Business Income" loss if the Limit of Insurance for "Business Income" is less than:

a. The Coinsurance percentage shown for "Business Income" in the Declarations; 

times

b. The sum of:

(1) The Net Income (Net Profit or Loss

before income taxes), and

(2) Operating expenses, including payroll expenses,

that would have been earned or incurred

(had no direct "loss" occurred) by your "operations" at the "premises" for the 12

months following the inception, or last 

previous anniversary date, of this Coverage Part (whichever is later).

Instead, we will determine the most we will 

pay using the following steps:

1. Multiply the Net Income and operating

expense for the 12 months following the

inception, or last previous anniversary 

date, of this Coverage Part by the Coinsurance percentage;

2. Divide the Limit of Insurance for the described "premises" by the figure determined in Step 1.; and

3. Multiply the total amount of loss by the 

figure determined in Step 2.

We will pay the amount determined in Step 3.

or the limit of insurance, whichever is less. For

the remainder, you will either have to rely on 

other insurance or absorb the loss yourself.

In determining operating expenses for the 

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

shall be deducted from the total of all operating expenses:

1. Prepaid freight - outgoing;

2. Returns and allowances;

3. Discounts;

4. Bad debts;

5. Collection expenses;

6. Cost of raw stock and factory supplies

consumed (including transportation

charges);

7. Cost of merchandise sold (including 

transportation charges);

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

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

continue under contract;

10. Power, heat and refrigeration expenses

that do not continue under contract (if 

Form CP 15 11 is attached);

11. All payroll expenses or the amount of 

payroll expense excluded (if Form FA 465

is attached); and

12. Special deductions for mining properties

(royalties unless specifically included in

coverage; actual depletion commonly 

known as unit or cost depletion - not percentage depletion; welfare and retirement 

fund charges based on tonnage; hired

trucks).

Example No. 1 (Underinsurance):

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ing the inception, or last previous

anniversary date of this Coverage

Part at "premises" would have 

been $400,000. The Coinsurance percentage is 50%

The Limit of Insurance Is $150,000

"Business Income" loss is $80,000

Step 1: $400,000 X 50% = $200,000

(the minimum amount of insurance 

to meet your Coinsurance requirements)

Step 2: $150,000 ÷ $200,000 = .75

Step 3: $ 80,000 X .75 = $60,000

We will pay no more than $60,000. The remaining $20,000 is not covered.

Example No. 2 (Adequate Insurance):

When: The Net Income and operating expenses for the 12 months following 

the inception, or last previous anniversary date of this Coverage Part at

the "premises" would have been 

$400,000.

The Coinsurance percentage is 50%

The Limit of Insurance Is $200,000

"Business Income" loss is $80,000

The minimum amount of insurance to meet 

your Coinsurance requirement is $200,000 

($400,000 x 50%). Therefore, the Limit of Insurance in this example is adequate and no

penalty applies. We will pay no more than 

$80,000 (amount of "loss").

This condition does not apply to Extra Expense. SECTION E. OPTIONAL COVERAGES

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

each item.

1. Maximum Period of Indemnity

a. SECTION D. ADDITIONAL CONDITIONS, 1. Coinsurance does not apply 

to this Coverage Part at the "premises" to

which this Optional Coverage applies. b. The most we will pay in total for "Business

Income" and Extra Expense loss is the

lesser of:

(1) The amount of "Business Income" and Extra Expense loss sustained 

during the 120 days immediately following the beginning of the "period of

restoration"; or

(2) The Limit of Insurance shown in the

Declarations. 2. Monthly Limit of Indemnity

a. SECTION D. ADDITIONAL CONDITIONS, 1. Coinsurance does not apply 

to this Coverage Part at the "premises" to

which this Optional Coverage applies. b. The most we will pay for "Business Income" loss in each period of 30 consecutive days after the beginning of the "period of restoration" is:

(1) The Limit of Insurance; multiplied by

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

Example:

When: The "Business Income" Limit of Insurance is $120,000

The fraction shown in the Declarations for this Optional Coverage is

1/4

The most we will pay for loss in each 

period of 30 consecutive days is:

$120,000 X 1/4 = $30,000.

If, in this example, the actual amount of "Business Income" loss is:

Days 1-30 $40,000

Days 31-60 20,000

Days 61-90 30,000

$90,000

We will pay:

Days 1-30 $30,000

Days 31-60 20,000

Days 61-90 30,000

$80,000

The remaining $10,000 is not covered. 3. Business Income Agreed Value

a. To activate this Optional Coverage:

(1) A Business Income Report/Work 

Sheet must be on file with the Company and must show financial data

for your "operations":

(a) During the 12 months prior to

the date of the Work Sheet; and

(b) Estimated for the 12 months

immediately following the inception of this Optional Coverage.

(2) The Declarations must indicate that 

the Business Income Agreed Value

Optional Coverage applies. The "Business Income" Limit of Insurance

indicated on the Declarations should

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be at least equal to the Agreed Value, which is determined by:

(a) The Coinsurance percentage

shown in the Declarations; multiplied by

(b) The amount of Net Income and

Operating Expenses for the following 12 months you report on

the Work Sheet.

b. Except as noted in c. below, the ADDITIONAL CONDITION Coinsurance is

suspended until the expiration date of this

Coverage Part.

c. We will reinstate the ADDITIONAL CONDITION Coinsurance automatically if you

do not submit a new Work Sheet and 

Agreed Value:

(1) When you request a change in your "Business Income" Limit of Insurance; or

(2) When you request the coinsurance 

percentage be changed on the Work

Sheet.

d. If the "Business Income" Limit of Insurance is less than the Agreed Value, we 

will not pay more of any loss than the

amount of loss multiplied by:

(1) The "Business Income" Limit of Insurance; divided by

(2) The Agreed Value.

Example:

When: The Limit of Insurance is $100,000

The Agreed Value is $200,000

"Business Income" loss is $80,000

Step (a): $100,000 ÷ $200,000 = .50

Step (b): .50 X $80,000 = $40,000

We will pay $40,000. The remaining $40,000

is not covered.

4. Extended Period of Indemnity

In SECTION A. COVERAGE, 5. Additional 

Coverages, c. Extended Business Income, 

the number "60" in Subparagraphs (1)(b) and

(2)(b) is replaced by the number shown in the

Declarations for this Optional Coverage. SECTION F. DEFINITIONS

1. "Business Income" means the:

a. Net income (Net Profit or Loss before income taxes) that would have been

earned or incurred; and

b. Continuing normal operating expenses

sustained, including payroll. 

2. "Computer programs" means a set of related

electronic instructions which direct the operations and functions of a computer or device 

connected to it, which enable the computer or 

device to receive, process, store, retrieve or

send data.

3. "Coverage term" means the following individual increment, or if a multi-year policy period,

increments, of time, which comprise the policy 

period of this Coverage Part: 

a. The year commencing on the Effective 

Date of this Coverage Part at 12:01 A.M. standard time at your mailing address

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

any period is for a period of less than 12

months, constitute individual "coverage

terms". The last "coverage term" ends at 

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

address shown in the Declarations on the

earlier of:

(1) The day the policy period shown in

the Declarations ends; or

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

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

Coverage Part, any "coverage term" is

extended for an additional period of less

than 12 months, that additional period of 

time will be deemed to be part of the last 

preceding "coverage term". 4. "Electronic data" means information, facts or "computer programs" stored as or on, created

or used on, or transmitted to or from computer

software (including systems and applications

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

tapes, drives, cells, data processing devices

or any other repositories of computer software 

which are used with electronically controlled 

equipment.

5. "Finished stock" means stock you have 

manufactured.

"Finished stock" also includes whiskey and alcoholic products being aged, unless there is a 

coinsurance percentage shown for "Business

Income" in the Declarations.

"Finished stock" does not include stock you

have manufactured that is held for sale on the "premises" of any retail outlet insured under 

this Coverage Part.

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

7. "Operations" means:

a. Your business activities occurring at the

"premises"; and

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

"Rental Value" or "Rental Value" applies. 8. "Period of restoration" means the period of

time that:

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

(1) The date when the property at the

"premises" should be repaired, rebuilt

or replaced with reasonable speed 

and similar quality; or

(2) The date when business is resumed 

at a new permanent location.

c. "Period of restoration" does not include

any increased period required due to the

enforcement of or compliance with any 

ordinance or law that:

(1) Regulates the construction, use or 

repair, or requires the tearing down

of any property; or

(2) Requires any insured or others to

test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to or assess 

the effects of "pollutants". d. The expiration date of the Coverage Part 

will not cut short the "period of restoration". 9. "Pollutants" means any solid, liquid, gaseous

or thermal irritant or contaminant, including 

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

products and petroleum by-products, and

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

include but are not limited to substances 

which are generally recognized in industry or 

government to be harmful or toxic to persons, 

property, or the environment regardless of 

whether injury or damage is caused directly or 

indirectly by the "pollutants" and whether:

a. You are regularly or otherwise engaged in

activities which taint or degrade the environment; or

b. You use, generate or produce the "pollutant". 10. "Premises" means the Locations and Buildings described in the Declarations. 11. "Rental Value" means "Business Income" that 

consists of:

a. Net income (Net Profit or Loss before income taxes) that would have been earned

or incurred as rental income from tenant 

occupancy of the "premises" described in

the Declarations as furnished and

equipped by you, including fair rental value of any portion of the "premises" which 

is occupied by you; and

b. Continuing normal operating expenses

incurred in connection with that "premises", including:

(1) Payroll; and

(2) The amount of charges, which are

the legal obligation of the tenant(s)

but would otherwise be your obligations. 12. "Suspension" means:

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

b. That a part or all of the "premises" is rendered untenantable if coverage for "Business Income" including "Rental Value" or "Rental Value" applies. 13. "Valuable papers and records" means inscribed, printed or written documents, manuscripts or records, including abstracts, books, card index systems, deeds, drawings, films, maps, mortgages, or proprietary information. 

But "valuable papers and records" does not

mean "money" or "securities" or "electronic

data", including the materials on which the

"electronic data" is recorded.

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THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY

EARTHQUAKE AND VOLCANIC ERUPTION

ENDORSEMENT

This endorsement modifies insurance provided under the following:

COMMERCIAL PROPERTY COVERAGE PART

A. Application of Earthquake Coverage

1. This endorsement applies to the Covered 

Property and Coverages for which a Limit 

of Insurance is shown in the Declarations

and Earthquake is indicated as a Covered

Cause of Loss. 2. To the extent that the Earth Movement 

Exclusion of any other form attached to

this Coverage Part might conflict with

coverage provided under this endorsement, that Earth Movement Exclusion

does not apply.

B. Additional Covered Causes of Loss - Earthquake and Volcanic Eruption

For the purposes of this endorsement only, 

the following are added as Covered Causes of

Loss to any other Coverage Form endorsed to 

this Coverage Part:

1. Earthquake, including tremors and aftershocks and any earth sinking, rising or 

shifting related to such event. 2. Volcanic Eruption, meaning the eruption, explosion or effusion of a volcano.

All Earthquake shocks or Volcanic Eruptions 

that occur within any 168-hour period will constitute a single Earthquake or Volcanic Eruption. The expiration of this Coverage Part will

not reduce the 168-hour period.

C. Additional Covered Causes of Loss - Earthquake and Volcanic Eruption - Sprinkler Leakage Only

If the Declarations indicate that this endorsement covers Earthquake - Sprinkler Leakage

Only, then Section B. of this endorsement is 

deleted and replaced by the following:

The following are added as Covered Causes 

of Loss to any other Coverage Form endorsed 

to this Coverage Part:

1. Sprinkler Leakage resulting from Earthquake.

2. Sprinkler Leakage resulting from Volcanic

Eruption. Volcanic Eruption means the

eruption, explosion or effusion of a volcano.

All Earthquake shocks or Volcanic Eruptions 

that occur within any 168-hour period will constitute a single Earthquake or Volcanic Eruption. The expiration of this Coverage Part will 

not reduce the 168-hour period. D. Amended Exclusions and Provisions

For the purposes of this endorsement only:

1. The following provisions:

a. SECTION A. COVERAGE, 3. Covered Causes of Loss, b. Exclusions and c. Limitations of the 

BUILDING AND PERSONAL

PROPERTY COVERAGE FORM;

and

b. SECTION E. EXCLUSIONS of the

MORTGAGE INTEREST COVERAGE FORM;

apply to coverage provided under this endorsement, except as provided in Section

D.2. and D.3. below. 2. The following exclusions:

a. SECTION A. COVERAGE, 3. Covered Causes of Loss, b. Exclusions, (2)(k) Collapse of the BUILDING AND PERSONAL PROPERTY 

COVERAGE FORM; and

b. SECTION E. EXCLUSIONS, 4.a. Collapse of the MORTGAGE INTEREST COVERAGE FORM;

do not apply to collapse caused by Earthquake or Volcanic Eruption. 3. The following provisions:

a. SECTION A. COVERAGE, 5. Coverage Extensions, c. Collapse of

the BUILDING AND PERSONAL

PROPERTY COVERAGE FORM;

and

b. SECTION H. ADDITIONAL COVERAGE - COLLAPSE of the 

MORTGAGE INTEREST COVERAGE FORM;

do not apply to the coverage provided

under this endorsement. This endorsement includes coverage for collapse 

caused by Earthquake or Volcanic Eruption.

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4. Any Ordinance or Law Exclusion in this

Coverage Part continues to apply with respect to any direct "loss" under this Coverage Part including any direct "loss" under this endorsement, unless Ordinance

or Law Coverage is added by endorsement.

E. Additional Exclusions

1. Pre-Existing Earthquake

We will not pay for direct "loss" caused by 

or resulting from any Earthquake or Volcanic Eruption that begins before the inception of this insurance. 2. Tidal Wave or Tsunami

We will not pay for direct "loss" caused directly or indirectly by tidal wave or tsunami, even if attributable to an Earthquake 

or Volcanic Eruption. 3. Exterior Masonry Veneer

We will not pay for direct "loss" to exterior 

masonry veneer (except stucco) on wood

frame walls caused by or resulting from 

the Earthquake or Volcanic Eruption. The 

value of such veneer will not be included

in the value of Covered Property or the

amount of "loss" when applying the

Property Damage Deductible applicable

to this endorsement.

This Exclusion E.3. does not apply if:

a. The Declarations indicate that the "Including Masonry Veneer" option

applies or the "premises" description

in the Declarations specifically states

"Including Masonry Veneer"; or

b. Less than 10% of the total outside 

wall area is faced with masonry veneer (excluding stucco).

4. Cost of Restoring Land

Coverage under this endorsement does

not include the cost of restoring or remediating land or the cost of excavations, grading, backfilling or filling. F. Earthquake Property Damage Deductible

1. The provisions of Section F.3. of this endorsement are applicable to all Coverage

Forms except:

a. BUSINESS INCOME (AND EXTRA 

EXPENSE) COVERAGE FORM;

b. BUSINESS INCOME (WITHOUT 

EXTRA EXPENSE) COVERAGE 

FORM;

c. EXTRA EXPENSE COVERAGE 

FORM;

d. BUILDING AND PERSONAL

PROPERTY COVERAGE FORM, 

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

2. If the Declarations indicate that this endorsement covers Earthquake - Sprinkler 

Leakage Only, then the Deductible set 

forth in Section F.3. of this endorsement 

does not apply to such coverage. The applicable Deductible for such coverage is

the same Deductible that applies to Fire.

3. The Deductible, if any, in this Coverage

Part is replaced by the following with respect to Earthquake and Volcanic Eruption:

a. All Policies

(1) The Deductible provisions apply

to each Earthquake or Volcanic

Eruption.

(2) Separate Deductibles are calculated for, and apply to, each

building and business personal

property at each building and

business personal property in

the open. Deductibles are separately calculated and applied

even if:

(a) Two or more buildings sustain direct "loss";

(b) Business personal property

at two or more buildings

sustains direct "loss"; or

(c) A building and the business

personal property in that

building sustain direct "loss".

(3) We will not pay for direct "loss" until the amount of "loss" exceeds the applicable Deductible. We will then pay the amount of "loss" in excess of that Deductible, up to the applicable Limit of 

Insurance, after any reduction

required by any of the following:

Coinsurance Condition, Agreed

Value Optional Coverage, Additional Condition - Need for Adequate Insurance, or Additional

Condition - Need for Full Reports.

(4) When property is covered under

the Coverage Extension for 

Newly Purchased, Leased or

Constructed Property, in determining the amount, if any, that

we will pay for direct "loss", we 

will deduct an amount equal to a 

percentage of the value of the

property at time of "loss". The 

applicable percentage for Newly

Purchased, Leased or Constructed Property is the highest

percentage shown in the Declarations for any "premises".

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(5) If there is direct "loss" caused by

Earthquake or Volcanic Eruption, and direct "loss" caused by

a Cause of Loss (e.g., fire) that

is covered by means of an exception to the Earth Movement 

Exclusion, then the only applicable Deductible provisions are

those stated in this endorsement.

b. Calculation of the Deductible - Specific Insurance Other Than 

Builders Risk

(1) Property Not Subject to Value

Reporting Forms

In determining the amount, if

any, that we will pay for direct "loss", we will deduct an amount 

equal to a percentage (as shown

in the Declarations, concerning

the Earthquake - Volcanic Eruption Deductible) of the Limit of 

Insurance applicable to the

property that has sustained direct "loss".

(2) Property Subject to Value Reporting Forms

In determining the amount, if

any, that we will pay for direct "loss", we will deduct an amount 

equal to a percentage (as shown

in the Declarations, concerning

the Earthquake - Volcanic Eruption Deductible) of the value of

the property that has sustained

direct "loss". The value to be

used is the latest value shown in

the most recent Report of Values on file with us.

However:

(a) If the most recent Report of

Values shows less than the

full value of the property on

the report dates, we will determine the deductible 

amount as a percentage of

the full value as of the report dates.

(b) If the first Report of Values

is not filed with us prior to

direct "loss", we will determine the deductible amount

as a percentage of the applicable Limit of Insurance. c. Calculation of the Deductible - Blanket Insurance Other Than 

Builders Risk

(1) Property Not Subject to Value

Reporting Forms

In determining the amount, if

any, that we will pay for direct "loss", we will deduct an amount 

equal to a percentage (as shown

in the Declarations, concerning

the Earthquake - Volcanic Eruption Deductible) of the value of

the property that has sustained

direct "loss". The value to be

used is that shown in the most 

recent Statement of Values on

file with us.

(2) Property Subject to Value Reporting Forms

In determining the amount, if

any, that we will pay for property

that has sustained direct "loss", we will deduct an amount equal

to a percentage (as shown in the

Declarations, concerning the

Earthquake - Volcanic Eruption 

Deductible) of the value of that 

property as of the time of direct "loss". G. Examples - Application of Deductible in 

F.3.:

Example #1 - Specific Insurance (F.3.b.(1))

The amount of direct "loss" to the damaged

building is $60,000.

The value of the damaged building at time of "loss" is $100,000. The Coinsurance percentage shown in the Declarations is 80%; the 

minimum Limit of Insurance needed to meet 

the coinsurance requirement is $80,000 (80%

of $100,000).

The actual Limit of Insurance on the damaged

building is $70,000.

The Deductible is 5%. Step (1): $70,000 ÷ $80,000 = .875

Step (2): $60,000 x .875 = $52,500

Step (3): $70,000 x 5% = $3,500

Step (4): $52,500 - $3,500 = $49,000

The most we will pay is $49,000. The remainder of the "loss", $11,000, is not covered due

to the Coinsurance penalty for inadequate insurance (Steps (1) and (2)) and the application of the Deductible (Steps (3) and (4)). Example #2 - Specific Insurance (F.3.b.(1))

The amounts of direct "loss" to the damaged

property are $60,000 (building) and $40,000 

(business personal property in building).

The value of the damaged building at time of "loss" is $100,000. The value of the business 

personal property in that building is $80,000. The Coinsurance percentage shown in the 

Declarations is 80%; the minimum Limits of 

Insurance needed to meet the coinsurance 

requirement are $80,000 (80% of $100,000) 

for the building and $64,000 (80% of $80,000) 

for the business personal property.

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The actual Limits of Insurance on the damaged property are $80,000 on the building and 

$64,000 on the business personal property 

(therefore no Coinsurance penalty).

The Deductible is 10%. Building

Step (1): $80,000 x 10% = $8,000

Step (2): $60,000 - $8,000 = $52,000

Business Personal Property

Step (1): $64,000 x 10% = $6,400

Step (2): $40,000 - $6,400 = $33,600

The most we will pay is $85,600. That portion 

of the total "loss" not covered due to application of the Deductible is $14,400. Example #3 - Blanket Insurance (F.3.c.(1))

The sum of the values of Building #1 

($500,000), Building #2 ($500,000) and Building #3 ($1,000,000), as shown in the most recent Statement of Values on file with us, is 

$2,000,000.

The Coinsurance percentage shown in the 

Declarations is 90%; the minimum Blanket 

Limit of Insurance needed to meet the coinsurance requirement is $1,800,000 (90% of

$2,000,000).

The actual Blanket Limit of Insurance covering Buildings #1, #2, and #3, shown in the 

Declarations, is $1,800,000 (therefore no Coinsurance penalty). Buildings #1 and #2 have sustained damage; 

the amounts of direct "loss" to these buildings

are $40,000 (Building #1) and $60,000 (Building #2).

The Deductible is 5%. Building #1

Step (1): $500,000 x 5% = $25,000

Step (2): $40,000 - $25,000 = $15,000

Building #2

Step (1): $500,000 x 5% = $25,000

Step (2): $60,000 - $25,000 = $35,000

The most we will pay is $50,000. That portion 

of the total "loss" not covered due to application of the Deductible is $50,000. Example #4 - Blanket Insurance (F.3.c.(1))

The sum of the values of Building #1 

($500,000), Building #2 ($500,000), Business

Personal Property at Building #1 ($250,000) 

and Business Personal Property at Building #2 

($250,000), as shown in the most recent 

Statement of Values on file with us, is 

$1,500,000.

The Coinsurance percentage shown in the 

Declarations is 90%; the minimum Blanket 

Limit of Insurance needed to meet the coinsurance requirement is $1,350,000 (90% of 

$1,500,000).

The actual Blanket Limit of Insurance covering Buildings #1 and #2 and Business Personal Property at Buildings #1 and #2, shown 

in the Declarations, is $1,350,000. Therefore 

there is no Coinsurance penalty.

Building #1 and Business Personal Property at 

Building #1 have sustained damage; the 

amounts of direct "loss" are $95,000 (Building) 

and $5,000 (Business Personal Property).

The Deductible is 10%.

Building

Step (1): $500,000 x 10% = $50,000

Step (2): $95,000 - $50,000 = $45,000

Business Personal Property

Step (1): $250,000 x 10% = $25,000

The "loss", $5,000, does not exceed the deductible.

The most we will pay is $45,000. The remainder of the building "loss", $50,000, is not covered due to application of the Deductible. There is no "loss" payment for the business

personal property.

H. Business Income and Extra Expense Period of Restoration

This Section H. is applicable only to the Coverage Forms specified below:

1. BUSINESS INCOME (AND EXTRA EXPENSE) COVERAGE FORM;

2. BUSINESS INCOME (WITHOUT EXTRA

EXPENSE) COVERAGE FORM;

3. EXTRA EXPENSE COVERAGE FORM;

and

4. BUILDING AND PERSONAL PROPERTY COVERAGE FORM, SECTION A. 

COVERAGE, 5. Coverage Extensions, b. Business Income and Extra Expense. The "period of restoration" definition stated in 

the Coverage Form, or in any endorsement 

amending the beginning of the "period of restoration", applies to each Earthquake or Volcanic Eruption. A single Earthquake or Volcanic Eruption is defined in Sections B. and C. 

of this endorsement.

CIC0135

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THE CINCINNATI INSURANCE COMPANY

CINCINNATI, OHIO

BUSINESS AUTO COVERAGE PART DECLARATIONS

ITEM ONE

Attached to and forming part of POLICY NUMBER:

Named Insured is the same as it appears in the Common Policy Declarations.

ITEM TWO SCHEDULE OF COVERAGES AND COVERED AUTOS

This coverage part provides only those coverages where a premium or "incl" is shown in the premium column below. 

The limit of Insurance for each coverage listed is subject to all applicable policy provisions. Each of these coverages 

will apply only to those "autos" shown as covered "autos". "Autos" are shown as covered "autos" for a particular

coverage by the entry of one or more of the symbols from the COVERED AUTO Section of the Business Auto

Coverage Form next to the name of the coverage.

COVERAGES

COVERED AUTOS

(Entry of one or more 

of the symbols from the

COVERED AUTOS 

Section of the Business

Auto Coverage Form

shows which autos are

covered autos)

LIMIT

THE MOST WE WILL PAY FOR ANY ONE

ACCIDENT OR LOSS

 PREMIUM

LIABILITY $

PERSONAL INJURYPROTECTION

(or equivalent No-fault coverage)

Separately stated in each P.I.P.

endorsement minus $ Ded. ADDED PERSONAL INJURY

PROTECTION (or equivalent

added No-fault coverage)

Separately stated in each added P.I.P.

endorsement

PROPERTY PROTECTION

INSURANCE (Michigan only)

Separately stated in each P. P.I.

endorsement minus $ Ded

for each accident

AUTO. MEDICAL PAYMENTS

$

UNINSURED MOTORISTS

$

UNDERINSURED MOTORISTS

(When not included in

Uninsured Motorists Coverage)

$

PHYSICAL DAMAGE

COMPREHENSIVE COVERAGE

Actual cash value or cost of repair, Whichever is less minus $

Ded. For each covered auto. But no

Deductible applies to loss caused by

Fire or lightning. See Item Three for hired or

borrowed "autos"

PHYSICAL DAMAGE SPECIFIED

CAUSES OF LOSS COVERAGE

Actual cash value or cost of repair, Whichever is less minus $ Ded. For

Each covered auto. For loss caused by mischief 

or vandalism. See Item Three for hired or

borrowed "autos"

PHYSICAL DAMAGE

COLLISION COVERAGE

Actual cash value or cost of repair, Whichever is less minus $

Ded for each covered auto. See Item

Three for hired or borrowed "autos". PHYSICAL DAMAGEINSURANCE

TOWING AND LABOR $ for each disablement of a

private passenger auto

PREMIUM FOR ENDORSEMENTS

*ESTIMATED TOTAL PREMIUM

ETA 051 52 30

1 1,000,000 INCL

2

5,000 INCL

2, 8, 9

1,000,000 INCL

2, 8, 9

SEE AA4183 INCL

7, 8

SEE AA4183

 INCL

7, 8 SEE AA4183 INCL

 INCL

FORMS AND ENDORSEMENTS CONTAINED IN THIS COVERAGE PART AT ITS INCEPTION:

AA4183 02/06 AUTOMOBILE SCHEDULE

AA101 03/06 BUSINESS AUTO COVERAGE FORM

AA2009 01/17 CHANGES - TOWING AND LABOR

AA296 07/12 CHANGES - AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT COVERAGE

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FORMS AND ENDORSEMENTS CONTAINED IN THIS COVERAGE PART AT ITS INCEPTION:

AA4044IL 01/15 ILLINOIS UNINSURED MOTORISTS COVERAGE

AA4045IL 11/08 ILLINOIS UNDERINSURED MOTORISTS COVERAGE

IMPORTANT NOTICE TO ILLINOIS INSUREDS DEFENSIVE DRIVING COURSE 

DISCOUNT FOR SENIOR CITIZENS

AA4047IL 03/98

AA4136IL 01/15 ILLINOIS CHANGES

UNINSURED/UNDERINSURED MOTORISTS PROTECTION OPTION SELECTION FORM 

- ILLINOIS

AA4168IL 01/15

AA4263IL 04/10 OFFICE OF FOREIGN ASSETS CONTROL (OFAC) COMPLIANCE ENDORSEMENT

CA0270 08/94 ILLINOIS CHANGES - CANCELLATION AND NONRENEWAL

CA2402 12/93 PUBLIC TRANSPORTATION AUTOS

AA261 07/14 AUTO MEDICAL PAYMENTS COVERAGE

AA265 01/16 CINCIPLUS® BUSINESS AUTO XC® (EXPANDED COVERAGE) ENDORSEMENT

* This policy may be subject to final audit

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CIC0137

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QUICK REFERENCE

COMMERCIAL AUTO COVERAGE PART

BUSINESS AUTO COVERAGE FORM

READ YOUR POLICY CAREFULLY

DECLARATIONS PAGES

Named Insured and Mailing Address

Policy Period

Description of Business

Coverages and Limits of Insurance

SECTION I - COVERED AUTOS Beginning on Page

Description of Covered Auto Designation Symbols.............................................................................1

Owned Autos You Acquire After the Policy Begins .............................................................................1

Certain Trailers, Mobile Equipment and

Temporary Substitute Autos............................................................................................................... 2

SECTION II- LIABILITY COVERAGE

Coverage............................................................................................................................................ 2

Who is an Insured .............................................................................................................................. 2

Coverage Extensions

Supplementary Payments........................................................................................................... 2

Out of State................................................................................................................................. 3

Exclusions.......................................................................................................................................... 3

Limit of Insurance............................................................................................................................... 5

SECTION III - PHYSICAL DAMAGE COVERAGE

Coverage............................................................................................................................................ 7

Exclusions.......................................................................................................................................... 7

Limit of Insurance............................................................................................................................... 8

Deductible............................................................................................................................................8

SECTION IV - BUSINESS AUTO CONDITIONS

Loss Conditions

Appraisal for Physical Damage Loss.......................................................................................... 9

Duties in the Event of Accident, Claim, Suit or Loss................................................................... 9

Legal Action Against Us..............................................................................................................9

Loss Payment - Physical Damage Coverages............................................................................ 9

Transfer of Rights of Recovery Against Others to Us............................................................... 10

General Conditions

Bankruptcy................................................................................................................................ 10

Concealment, Misrepresentation or Fraud................................................................................ 10

Liberalization ............................................................................................................................. 10

No Benefit to Bailee - Physical Damage Coverages................................................................. 10

Other Insurance ........................................................................................................................ 10

Premium Audit........................................................................................................................... 10

Policy Period, Coverage Territory ............................................................................................. 10

Two or More Coverage Forms or Policies Issued by Us........................................................... 11

SECTION V - DEFINITIONS ................................................................................................................... 11

COMMON POLICY CONDITIONS

Cancellation

Changes

Examination of Your Books and Records

Inspections and Surveys

Premiums

Transfer of Your Rights and Duties under this Policy

ENDORSEMENTS (If Any)

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CIC0138

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AUTOMOBILE SCHEDULE

ITEM

Attached to and forming a part of Policy Number , effective

The insurance afforded for any automobile is only with respects to such and so many of the coverages as are

indicated by specific premium charge or charges indicated.

POLICY LIMITS

State: 

Bodily Injury: Property Damage:

THREE

ETA 051 52 30 12-12-2018

IL

1,000,000 CSL INCLUDED

UM/UIM: 1,000,000

Med Pay 5,000

Veh.

No. Vehicle Information

Class: Territory

Coll Ded:

BI PD MP OTC COLL UM

1 2018 FORD TRANSIT S/N 1FBZX2CM0JKB22543 5852 119

OTC-COMP DED: 1,000 1,000

COST NEW: 41,550 ZIP CODE: 61244

1,283 INCL 46 126 379 63

TOTAL

1,897

Class: Territory

Coll Ded:

BI PD MP OTC COLL UM

BUSINESS AUTO EXPANDED ENDORSEMENT

OTC-COMP DED: N/A N/A

100

TOTAL

100

Class: Territory

Coll Ded:

BI PD MP OTC COLL UM

HIRED AND NON-OWNED

OTC-COMP DED: N/A N/A

541 INCL N/A 256

TOTAL

797

SYMBOLS:

BI -- Bodily Injury SPEC -- Specified Perils

PD -- Property Damage COLL -- Collision

MP -- Medical Payments UM -- Uninsured Motorists

OTC -- Other Than Collision (ACV Coverage applies UIM -- Underinsured Motorists

unless Stated Amount Value is indicated) PIP -- Personal Injury Protection

CAC -- Combined Additional Coverage T&L -- Towing and Labor Costs

FT&S -- Fire, Theft, and Supplemental RR -- Rental Reimbursement

AA 4183 02 06 Page 1 of 1

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BUSINESS AUTO COVERAGE FORM

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

and what is and is not covered.

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

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

Other words and phrases that appear in quotation marks have special meaning. Refer to SECTION V - DEFINITIONS. SECTION I - COVERED AUTOS

ITEM TWO of the Declarations shows the "autos"

that are covered "autos" for each of your cover- ages. The following numerical symbols describe

the "autos" that may be covered "autos". The

symbols entered next to a coverage on the Declarations designate the only "autos" that are covered

"autos".

A. Description of Covered Auto Designation

Symbols

SYMBOL DESCRIPTION

1 = ANY "AUTO".

2 = OWNED "AUTOS" ONLY. Only those

"autos" you own (and for Liability Cover- age any "trailers" you don't own while attached to power units you own). This in- cludes those "autos" you acquire owner- ship of after the policy begins.

3 = OWNED PRIVATE PASSENGER

"AUTOS" ONLY. Only the private pas- senger "autos" you own. This includes

those private passenger "autos" you ac- quire ownership of after the policy begins.

4 = OWNED "AUTOS" OTHER THAN PRI- VATE PASSENGER "AUTOS" ONLY.

Only those "autos" you own that are not

of the private passenger type (and for Li- ability Coverage any "trailers" you don't

own while attached to power units you

own). This includes those "autos" not of

the private passenger type you acquire

ownership of after the policy begins.

5 = OWNED "AUTOS" SUBJECT TO NOFAULT. Only those "autos" you own that

are required to have No-Fault benefits in

the state where they are licensed or prin- cipally garaged. This includes those

"autos" you acquire ownership of after

the policy begins provided they are re- quired to have No-Fault benefits in the

state where they are licensed or princi- pally garaged.

6 = OWNED "AUTOS" SUBJECT TO A

COMPULSORY UNINSURED MOTORISTS LAW. Only those "autos" you own

that because of the law in the state where

they are licensed or principally garaged

are required to have and cannot reject

Uninsured Motorists Coverage. This in- cludes those "autos" you acquire owner- ship of after the policy begins provided

they are subject to the same state unin- sured motorists requirement.

7 = SPECIFICALLY DESCRIBED "AUTOS".

Only those "autos" described in ITEM

THREE of the Declarations for which a

premium charge is shown (and for Liability Coverage any "trailers" you don't own

while attached to a power unit described

in ITEM THREE).

8 = HIRED "AUTOS" ONLY. Only those

"autos" you lease, hire, rent or borrow.

This does not include any "auto" you

lease, hire, rent, or borrow from any of

your "employees" or partners (if you are a

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

households.

9 = NONOWNED "AUTOS" ONLY. Only

those "autos" you do not own, lease, hire,

rent or borrow that are used in connection with your business. This includes

"autos" owned by your "employees",

partners (if you are a partnership), mem- bers (if you are a limited liability com- pany), or members of their households

but only while used in your business or

your personal affairs.

B. Owned Autos You Acquire After the Policy

Begins

1. If Symbols 1, 2, 3, 4, 5, or 6 are entered

next to a coverage in ITEM TWO of the

Declarations, then you have coverage for

"autos" that you acquire of the type de- scribed for the remainder of the policy period.

2. But, if Symbol 7 is entered next to a cov- erage in ITEM TWO of the Declarations,

an "auto" you acquire will be a covered

"auto" for that coverage only if:

a. We already cover all "autos" that you

own for that coverage or it replaces

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an "auto" you previously owned that

had that coverage; and

b. You tell us within 30 days after you

acquire it that you want us to cover it

for that coverage.

C. Certain Trailers, Mobile Equipment and

Temporary Substitute Autos

If Liability Coverage is provided by this Cov- erage Form, the following types of vehicles

are also covered "autos" for Liability Cover- age:

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

pounds or less designed primarily for

travel on public roads.

2. "Mobile equipment" while being carried or

towed by a covered "auto".

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

with the permission of its owner as a

temporary substitute for a covered "auto"

you own that is out of service because of

its:

a. Breakdown;

b. Repair;

c. Servicing;

d. "Loss"; or

e. Destruction.

SECTION II - LIABILITY COVERAGE

A. Coverage

We will pay all sums an "insured" legally must

pay as damages because of "bodily injury" or

"property damage" to which this insurance

applies, caused by an "accident" and resulting

from the ownership, maintenance or use of a

covered "auto".

We will also pay all sums an "insured" legally

must pay as a "covered pollution cost or ex- pense" to which this insurance applies,

caused by an "accident" and resulting from

the ownership, maintenance or use of cov- ered "autos". However, we will only pay for the

"covered pollution cost or expense" if there is

either "bodily injury" or "property damage" to

which this insurance applies that is caused by

the same "accident".

We have the right and duty to defend any "in- sured" against a "suit" asking for such dam- ages or a "covered pollution cost or expense".

However, we have no duty to defend any "in- sured" against a "suit" seeking damages for

"bodily injury" or "property damage" or a "cov- ered pollution cost or expense" to which this

insurance does not apply. We may investigate

and settle any claim or "suit" as we consider

appropriate. Our duty to defend or settle ends

when the Liability Coverage Limit of Insurance

has been exhausted by payment of judg- ments or settlements.

1. Who is an Insured

The following are "insureds":

a. You for any covered "auto".

b. Anyone else while using with your

permission a covered "auto" you

own, hire or borrow except:

(1) The owner or anyone else from

whom you hire or borrow a covered "auto". This exception does

not apply if the covered "auto" is

a "trailer" connected to a cov- ered "auto" you own.

(2) Your "employee" if the covered

"auto" is owned by that "em- ployee" or a member of his or

her household.

(3) Someone using a covered

"auto" while he or she is working

in a business of selling, servicing, repairing, parking or storing

"autos" unless that business is

yours.

(4) Anyone other than your "em- ployees", partners (if you are a

partnership), members (if you

are a limited liability company),

or a lessee or borrower or any of

their "employees", while moving

property to or from a covered

"auto".

(5) A partner (if you are a partner- ship), or a member (if you are a

limited liability company), for a

covered "auto" owned by him or

her or a member of his or her

household.

c. Anyone liable for the conduct of an

"insured" described above but only

to the extent of that liability.

2. Coverage Extensions

a. Supplementary Payments

We will pay for the "insured":

(1) All expenses we incur.

(2) Up to $2,000 for the cost of bail

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quired because of an "accident"

we cover. We do not have to

furnish these bonds.

(3) The cost of bonds to release

attachments in any "suit" against

the "insured" we defend, but

only for bond amounts within our

Limit of Insurance.

(4) All reasonable expenses in- curred by the "insured" at our

request, including actual loss of

earnings up to $250 a day be- cause of time off from work.

(5) All costs taxed against the "in- sured" in any "suit" against the

"insured" we defend.

(6) All interest on the full amount of

any judgment that accrues after

entry of the judgment in any

"suit" against the "insured" we

defend, but our duty to pay interest ends when we have paid,

offered to pay or deposited in

court the part of the judgment

that is within our Limit of Insur- ance.

These payments will not reduce the

Limit of Insurance.

b. Out-of-State Coverage Extensions

While a covered "auto" is away from

the state where it is licensed we will:

(1) Increase the Limit of Insurance

for Liability Coverage to meet

the limits specified by a compul- sory or financial responsibility

law of the jurisdiction where the

covered "auto" is being used.

This extension does not apply to

the limit or limits specified by

any law governing motor carri- ers of passengers or property.

(2) Provide the minimum amounts

and types of other coverages,

such as no-fault, required of outof-state vehicles by the jurisdiction where the covered "auto" is

being used.

We will not pay anyone more than

once for the same elements of loss

because of these extensions.

B. Exclusions

This insurance does not apply to any of the

following:

1. Expected or Intended Injury

"Bodily injury" or "property damage"

which may reasonably be expected to re- sult from the intentional or criminal acts of

the "insured" or which is in fact expected

or intended by the "insured", even if the

injury or damage is of a different degree

or type than actually expected or intended. This exclusion does not apply to

"bodily injury" resulting from the use of

reasonable force to protect persons or

property.

2. Contractual

Liability assumed under any contract or

agreement.

But this exclusion does not apply to liability for damages:

a. Assumed in a contract or agreement

that is an "insured contract" provided

the "bodily injury" or "property dam- age" occurs subsequent to the exe- cution of the contract or agreement;

or

b. That the "insured" would have in the

absence of the contract or agree- ment.

3. Workers' Compensation

Any obligation for which the "insured" or

the "insured's" insurer may be held liable

under any workers' compensation, dis- ability benefits or unemployment com- pensation law or any similar law.

4. Employee Indemnification and Em- ployer's Liability

"Bodily injury" to:

a. An "employee" of the "insured" sustained in the "workplace";

b. An "employee" of the "insured" arising out of the performance of duties

related to the conduct of the "in- sured's" business; or

c. The spouse, child, parent, brother or

sister of that "employee" as a conse- quence of Paragraph a. or b. above.

This Exclusion applies:

(1) Whether the "insured" may be

liable as an employer or in any

other capacity; and

(2) To any obligation to share dam- ages with or repay someone

else who must pay damages

because of the injury.

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But this exclusion does not apply to "bodily injury" to domestic "employees" not

entitled to workers' compensation benefits or to liability assumed by the "insured"

under an "insured contract" other than a

contract or agreement with a labor leasing firm. For the purposes of the Cover- age Form, a domestic "employee" is a

person engaged in household or domestic work performed principally in connection with a residence premises.

5. Fellow Employee

"Bodily injury" to any fellow "employee" of

the "insured" arising out of and in the

course of the fellow "employee's" em- ployment or while performing duties related to the conduct of your business.

6. Care, Custody or Control

"Property damage" to or "covered pollution cost or expense" involving property

owned or transported by the "insured" or

in the "insured's" care, custody or control.

But this exclusion does not apply to liability assumed under a sidetrack agree- ment.

7. Handling of Property

"Bodily injury" or "property damage" re- sulting from the handling of property:

a. Before it is moved from the place

where it is accepted by the "insured"

for movement into or onto the cov- ered "auto"; or

b. After it is moved from the covered

"auto" to the place where it is finally

delivered by the "insured".

8. Movement of Property by Mechanical

Device

"Bodily injury" or "property damage" re- sulting from the movement of property by

a mechanical device (other than a hand

truck) unless the device is attached to the

covered "auto".

9. Operations

"Bodily injury" or "property damage" arising out of the operation of:

a. Any equipment listed in Paragraphs

6.b. and 6.c. of the definition of "mo- bile equipment"; or

b. Machinery or equipment that is on,

attached to, or part of, a land vehicle

that would qualify under the definition

of "mobile equipment" if it were not

subject to a compulsory or financial

responsibility law or other motor vehicle insurance law where it is li- censed or principally garaged.

10. Completed Operations

"Bodily injury" or "property damage" arising out of your work after that work has

been completed or abandoned.

In this exclusion, your work means:

a. Work or operations performed by

you or on your behalf; and

b. Materials, parts or equipment fur- nished in connection with such work

or operations.

Your work includes warranties or repre- sentations made at any time with respect

to the fitness, quality, durability or performance of any of the items included in

Paragraphs a. or b. above.

Your work will be deemed completed at

the earliest of the following times:

(1) When all of the work called for in

your contract has been com- pleted.

(2) When all of the work to be done

at the site has been completed if

your contract calls for work at

more than one site.

(3) When that part of the work done

at a job site has been put to its

intended use by any person or

organization other than another

contractor or subcontractor

working on the same project.

Work that may need service, mainte- nance, correction, repair or replacement,

but which is otherwise complete, will be

treated as completed.

11. Pollutant

"Bodily injury" or "property damage" arising out of the actual, alleged or threat- ened discharge, dispersal, seepage, mi- gration, release, escape or emission of

"pollutants":

a. That are, or that are contained in any

property that is:

(1) Being transported or towed by,

handled, or handled for move- ment into, onto or from, the cov- ered "auto";

(2) Otherwise in the course of tran- sit by or on behalf of the "in- sured"; or

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(3) Being stored, disposed of,

treated or processed in or upon

the covered "auto";

b. Before the "pollutants" or any prop- erty in which the "pollutants" are

contained are moved from the place

where they are accepted by the "in- sured" for movement into or onto the

covered "auto"; or

c. After the "pollutants" or any property

in which the "pollutants" are contained are moved from the covered

"auto" to the place where they are fi- nally delivered, disposed of or aban- doned by the "insured".

Paragraph a. of this exclusion does not

apply to fuels, lubricants, fluids, exhaust

gases or other similar "pollutants" that are

needed for or result from the normal

electrical, hydraulic or mechanical functioning of the covered "auto" or its parts,

if:

(1) The "pollutants" escape, seep,

migrate, or are discharged, dis- persed or released directly from

an "auto" part designed by its

manufacturer to hold, store, re- ceive or dispose of such "pollut- ants"; and

(2) The "bodily injury", "property

damage" or "covered pollution

cost or expense" does not arise

out of the operation of any

equipment listed in Paragraphs

6.b. and 6.c. of the definition of

"mobile equipment".

However, this exception to Paragraph a.

does not apply if the fuels, lubricants, fluids, exhaust gases or other similar "pollutants" are intentionally discharged, dis- persed or released.

Paragraphs b. and c. of this exclusion do

not apply to "accidents" that occur away

from premises owned by or rented to an

"insured" with respect to "pollutants" not

in or upon a covered "auto" if:

(1) The "pollutants" or any property

in which the "pollutants" are

contained are upset, overturned

or damaged as a result of the

maintenance or use of a cov- ered "auto"; and

(2) The discharge, dispersal, seep- age, migration, release, emis- sion or escape of the "pollut- ants" is caused directly by such

upset, overturn or damage.

d. At or from any premises, site or location on which any insured or any

contractors or subcontractors working directly or indirectly on any in- sured's behalf are performing operations:

(1) If the "pollutants" are brought on

or to the premises, site or location in connection with such op- erations by such "insured", contractor or subcontractor; or

(2) If the operations are to test for,

monitor, clean up, remove,

contain, treat, detoxify or neutralize, or in any way respond to,

or assess the effects of "pollut- ants".

Subparagraph d.(1) does not apply to

"bodily injury" or "property damage" arising out of the escape of fuels, lubricants

or other operating fluids which are

needed to perform the normal electrical,

hydraulic or mechanical functions neces- sary for the operation of "mobile equip- ment" or its parts, if such fuels, lubricants

or other operating fluids escape from a

vehicle part designed to hold, store or re- ceive them. This exception does not ap- ply if the fuels, lubricants or other operating fluids are intentionally discharged,

dispersed or released, or if such fuels, lu- bricants or other operating fluids are

brought on or to the premises, site or lo- cation with the intent to be discharged,

dispersed or released as part of the op- erations being performed by such "in- sured", contractor or subcontractor. 12. War

"Bodily injury" or "property damage" arising directly or indirectly out of:

a. War, including undeclared or civil

war;

b. Warlike action by a military force, in- cluding action in hindering or defending against an actual or ex- pected attack, by any government,

sovereign or other authority using

military personnel or other agents; or

c. Insurrection, rebellion, revolution,

usurped power, or action taken by

governmental authority in hindering

or defending against any of these.

13. Racing

Covered "autos" while used in any professional or organized racing or demolition contest or stunting activity, or while

practicing for such contest or activity. This

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insurance also does not apply while that

covered "auto" is being prepared for such

a contest or activity.

C. Limit of Insurance

Regardless of the number of covered "autos",

"insureds", premiums paid, claims made or

vehicles involved in the "accident", the most

we will pay for the total of all damages and

"covered pollution cost or expense" com- bined, resulting from any one "accident" is the

Limit of Insurance for Liability Coverage

shown in the Declarations.

All "bodily injury", "property damage" and

"covered pollution cost or expense" resulting

from continuous or repeated exposure to sub- stantially the same conditions will be consid- ered as resulting from one "accident".

No one will be entitled to receive duplicate

payments for the same elements of "loss" un- der this Coverage Form and any Medical

Payments Coverage endorsement, Uninsured

Motorists Coverage endorsement or Underin- sured Motorists Coverage endorsement attached to this Coverage Part.

D. Mobile Equipment Subject to Motor Vehicle

Insurance Laws

As respects SECTION II - LIABILITY COV- ERAGE any land vehicle, which would qualify

as "mobile equipment", except that it is subject to a compulsory or financial responsibility

law or other motor vehicle insurance law

where it is licensed or principally garaged, is

considered a covered "auto" under SECTION

II - LIABILITY COVERAGE, irrespective of the

Auto Designation Symbols shown for SEC- TION II - LIABILITY COVERAGE in the Declarations.

SECTION III - PHYSICAL DAMAGE COVERAGE

A. Coverage

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

or its equipment under:

a. Comprehensive Coverage

From any cause except:

(1) The covered "auto's" collision

with another object; or

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

b. Specified Causes of Loss Cover- age

Caused by:

(1) Fire, lightning or explosion;

(2) Theft;

(3) Windstorm, hail or earthquake;

(4) Flood;

(5) Mischief or vandalism; or

(6) The sinking, burning, collision or

derailment of any conveyance

transporting the covered "auto".

c. Collision Coverage

Caused by:

(1) The covered "auto's" collision

with another object; or

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

2. Towing

We will pay up to the limit shown in the

Declarations for towing and labor costs

incurred each time a covered "auto" of

the private passenger type is disabled.

However, the labor must be performed at

the place of disablement.

3. Glass Breakage - Hitting a Bird or

Animal - Falling Objects or Missiles

If you carry Comprehensive Coverage for

the damaged covered "auto", we will pay

for the following under Comprehensive

Coverage:

a. Glass breakage;

b. "Loss" caused by hitting a bird or

animal; and

c. "Loss" caused by falling objects or

missiles.

However, you have the option of having

glass breakage caused by a covered

"auto's" collision or overturn considered a

"loss" under Collision Coverage.

4. Coverage Extensions

a. Transportation Expenses

We will also pay up to $20 per day to

a maximum of $600 for temporary

transportation expense incurred by

you because of the total theft of a

covered "auto" of the private pas- senger type. We will pay only for

those covered "autos" for which you

carry either Comprehensive or

Specified Causes of Loss Coverage.

We will pay for temporary transportation expenses incurred during the

period beginning 48 hours after the

theft and ending, regardless of the

policy's expiration, when the covered

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"auto" is returned to use or we pay

for its "loss".

b. Loss of Use Expenses

For Hired Auto Physical Damage, we

will pay expenses for which an "in- sured" becomes legally responsible

to pay for loss of use of a vehicle

rented or hired without a driver, un- der a written rental contract or

agreement. We will pay for loss of

use expenses if caused by:

(1) Other than collision only if the

Declarations indicate that Com- prehensive Coverage is pro- vided for any covered "auto";

(2) Specified Causes of Loss only if

the Declarations indicate that

Specified Causes of Loss Cov- erage is provided for any cov- ered "auto"; or

(3) Collision only if the Declarations

indicate that Collision Coverage

is provided for any covered

"auto".

However, the most we will pay for

any expenses for loss of use is $20

per day, to a maximum of $600.

B. Exclusions

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

resulting from any of the following. Such

"loss" is excluded regardless of any other

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

a. Nuclear Hazard

(1) The explosion of any weapon

employing atomic fission or fu- sion; or

(2) Nuclear reaction or radiation, or

radioactive contamination, how- ever caused.

b. War or Military Action

(1) War, including undeclared or

civil war;

(2) Warlike action by a military

force, including action in hin- dering or defending against an

actual or expected attack, by

any government, sovereign or

other authority using military

personnel or other agents; or

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

taken by governmental authority

in hindering or defending

against any of these.

2. We will not pay for "loss" to any covered

"auto" while used in any professional or

organized racing or demolition contest or

stunting activity, or while practicing for

such contest or activity. We will also not

pay for "loss" to any covered "auto" while

that covered "auto" is being prepared for

such a contest or activity.

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

resulting from any of the following unless

caused by other "loss" that is covered by

this insurance:

a. Wear and tear, freezing, mechanical

or electrical breakdown; or

b. Blowouts, punctures or other road

damage to tires.

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

following:

a. Tapes, records, discs or other similar

audio, visual or data electronic de- vices designed for use with audio,

visual or data electronic equipment.

b. Any device designed or used to detect speed measuring equipment

such as radar or laser detectors and

any jamming apparatus intended to

elude or disrupt speed measurement

equipment.

c. Any electronic equipment, without

regard to whether this equipment is

permanently installed, that receives

or transmits audio, visual or data

signals and that is not designed

solely for the reproduction of sound.

d. Any accessories used with the electronic equipment described in Para- graph c. above.

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

a. Equipment designed solely for the

reproduction of sound and accessories used with such equipment, pro- vided such equipment is perma- nently installed in the covered "auto"

at the time of the "loss" or such

equipment is removable from a

housing unit which is permanently

installed in the covered "auto" at the

time of the "loss", and such equip- ment is designed to be solely oper- ated by use of the power from the

"auto's" electrical system, in or upon

the covered "auto"; or

b. Any other electronic equipment that

is:

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(1) Necessary for the normal op- eration of the covered "auto" or

the monitoring of the covered

"auto's" operating system; or

(2) An integral part of the same unit

housing any sound reproducing

equipment described in Para- graph a. above and permanently

installed in the opening of the

dash or console of the covered

"auto" normally used by the

manufacturer for installation of a

radio.

5. We will not pay for "loss" to a covered

"auto" due to "diminution in value".

C. Limit of Insurance

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

"accident" is the lesser of:

a. The actual cash value of the dam- aged or stolen property as of the

time of the "loss"; or

b. The cost of repairing or replacing the

damaged or stolen property with

other property of like kind and quality.

2. An adjustment for depreciation and

physical condition will be made in deter- mining actual cash value in the event of a

total "loss".

3. If a repair or replacement results in better

than like kind or quality, we will not pay

for the amount of the betterment.

D. Deductible

For each covered "auto", our obligation to pay

for, repair, return or replace damaged or stolen property will be reduced by the applicable

deductible shown in the Declarations. Any

Comprehensive Coverage deductible shown

in the Declarations does not apply to "loss"

caused by fire or lightning.

SECTION IV - BUSINESS AUTO CONDITIONS

The following conditions apply in addition to the

Common Policy Conditions:

A. Loss Conditions

1. Appraisal for Physical Damage Loss

If you and we disagree on the amount of

"loss", either may demand an appraisal of

the "loss". In this event, each party will

select a competent appraiser. The two

appraisers will select a competent and

impartial umpire. The appraisers will state

separately the actual cash value and

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

will submit their differences to the umpire.

A decision agreed to by any two will be

binding. Each party will:

a. Pay its chosen appraiser; and

b. Bear the other expenses of the ap- praisal and umpire equally.

If we submit to an appraisal, we will still

retain our right to deny the claim.

2. Duties in the Event of Accident, Claim,

Suit or Loss

We have no duty to provide coverage

under this policy unless there has been

full compliance with the following duties:

a. In the event of "accident", claim,

"suit" or "loss", you must give us or

our authorized representative prompt

notice of the "accident" or "loss". In- clude:

(1) How, when and where the "ac- cident" or "loss" occurred;

(2) The "insured's" name and ad- dress; and

(3) To the extent possible, the

names and addresses of any

injured persons and witnesses.

b. Additionally, you and any other in- volved "insured" must:

(1) Assume no obligation, make no

payment or incur no expense

without our consent, except at

the "insured's" own cost.

(2) Immediately send us copies of

any request, demand, order, notice, summons or legal paper

received concerning the claim or

"suit".

(3) Cooperate with us in the investi- gation or settlement of the claim

or defense against the "suit".

(4) Authorize us to obtain medical

records or other pertinent infor- mation.

(5) Submit to examination, at our

expense, by physicians of our

choice, as often as we reasona- bly require.

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

or its equipment you must also do

the following:

(1) Promptly notify the police if the

covered "auto" or any of its

equipment is stolen.

(2) Take all reasonable steps to

protect the covered "auto" from

further damage. Also keep a re- cord of your expenses for con- sideration in the settlement of

the claim.

(3) Permit us to inspect the covered

"auto" and records proving the

"loss" before its repair or dispo- sition.

(4) Agree to examinations under

oath at our request and give us

a signed statement of your an- swers.

3. Legal Action Against Us

No one may bring a legal action against

us under this Coverage Form until:

a. There has been full compliance with

all the terms of this Coverage Form;

and

b. Under Liability Coverage, we agree

in writing that the "insured" has an

obligation to pay or until the amount

of that obligation has finally been

determined by judgment after trial.

No one has the right under this policy to bring us into an action to determine the "insured's" liability.

4. Loss Payment - Physical Damage

Coverages

At our option we may:

a. Pay for, repair or replace damaged

or stolen property;

b. Return the stolen property, at our

expense. We will pay for any dam- age that results to the "auto" from the

theft; or

c. Take all or any part of the damaged

or stolen property at an agreed or

appraised value.

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

include the applicable sales tax for the

damaged or stolen property.

5. Transfer of Rights of Recovery Against

Others to Us

If any person or organization to or for

whom we make payment under this Coverage Form has rights to recover dam- ages from another, those rights are

transferred to us. That person or organi- zation must do everything necessary to

secure our rights and must do nothing

after "accident" or "loss" to impair them.

B. General Conditions

1. Bankruptcy

Bankruptcy or insolvency of the "insured"

or the "insured's" estate will not relieve us

of any obligations under this Coverage

Form.

2. Concealment, Misrepresentation or

Fraud

This Coverage Form is void in any case

of fraud by you at any time as it relates to

this Coverage Form. It is also void if you

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

a. This Coverage Form;

b. The covered "auto";

c. Your interest in the covered "auto";

or

d. A claim under this Coverage Form.

3. Liberalization

If within 60 days prior to the beginning of

this Coverage Part or during the policy

period, we make any changes to any

forms or endorsements of this Coverage

Part for which there is currently no separate premium charge, and that change

provides more coverage than this Cover- age Part, the change will automatically

apply to this Coverage Part as of the latter of:

a. The date we implemented the

change in your state; or

b. The date this Coverage Part became

effective; and

will be considered as included until the

end of the current policy period. We will

make no additional premium charge for

this additional coverage during the interim.

4. No Benefit to Bailee - Physical Damage

Coverages

We will not recognize any assignment or

grant any coverage for the benefit of any

person or organization holding, storing or

transporting property for a fee regardless

of any other provision of this Coverage

Form.

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5. Other Insurance

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

Coverage Form provides primary in- surance. For any covered "auto" you

don't own, the insurance provided by

this Coverage Form is excess over

any other collectible insurance.

However, while a covered "auto"

which is a "trailer" is connected to

another vehicle, the Liability Cover- age this Coverage Form provides for

the "trailer" is:

(1) Excess while it is connected to a

motor vehicle you do not own.

(2) Primary while it is connected to

a covered "auto" you own.

b. For Hired Auto Physical Damage

Coverage, any covered "auto" you

lease, hire, rent or borrow is deemed

to be a covered "auto" you own.

However, any "auto" that is leased,

hired, rented or borrowed with a

driver is not a covered "auto".

c. Regardless of the provisions of

Paragraph a. above, this Coverage

Form's Liability Coverage is primary

for any liability assumed under an

"insured contract".

d. When this Coverage Form and any

other Coverage Form or policy cov- ers on the same basis, either excess

or primary, we will pay only our

share. Our share is the proportion

that the Limit of Insurance of our

Coverage Form bears to the total of

the limits of all the Coverage Forms

and policies covering on the same

basis.

6. Premium Audit

a. The estimated premium for this Cov- erage Form is based on the expo- sures you told us you would have

when this policy began. We will

compute the final premium due when

we determine your actual exposures.

The estimated total premium will be

credited against the final premium

due and the first Named Insured will

be billed for the balance, if any. The

due date for the final premium or retrospective premium is the date

shown as the due date on the bill. If

the estimated total premium exceeds

the final premium due, the first

Named Insured will get a refund.

b. If this policy is issued for more than

one year, the premium for this Cov- erage Form will be computed annu- ally based on our rates or premiums

in effect at the beginning of each

year of the policy.

7. Policy Period, Coverage Territory

Under this Coverage Form, we cover

"accidents" and "losses" occurring:

a. During the Policy Period shown in

the Declarations; and

b. Within the coverage territory.

The coverage territory is:

a. The United States of America;

b. The territories and possessions of

the United States of America;

c. Puerto Rico;

d. Canada; and

e. Anywhere in the world if:

(1) A covered "auto" of the private

passenger type is leased, hired,

rented or borrowed without a

driver for a period of 30 days or

less; and

(2) The "insured's" responsibility to

pay damages is determined in a

"suit" on the merits, in the United

States of America, the territories

and possessions of the United

States of America, Puerto Rico,

or Canada or in a settlement we

agree to.

We also cover "loss" to, or "accidents" in- volving, a covered "auto" while being

transported between any of these places.

8. Two or More Coverage Forms or Poli- cies Issued by Us

If this Coverage Form and any other

Coverage Form or policy issued to you by

us or any company affiliated with us apply

to the same "accident", the aggregate

maximum Limit of Insurance under all the

Coverage Forms or policies shall not ex- ceed the highest applicable Limit of In- surance under any one Coverage Form

or policy. This condition does not apply to

any Coverage Form or policy issued by

us or an affiliated company specifically to

apply as excess insurance over this Cov- erage Form.

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SECTION V - DEFINITIONS

A. "Accident" includes continuous or repeated

exposure to the same conditions resulting in

"bodily injury" or "property damage".

B. "Auto" means:

1. A land motor vehicle, "trailer" or semitrailer designed for travel on public roads;

or

2. Any other land vehicle that is subject to a

compulsory or financial responsibility law

or other motor vehicle insurance law

where it is licensed or principally garaged.

However, "auto" does not include "mobile

equipment".

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

disease sustained by a person including

death resulting from any of these.

D. "Covered pollution cost or expense" means

any cost or expense arising out of:

1. Any request, demand, order or statutory

or regulatory requirement that the "in- sured" or others test for, monitor, clean

up, remove, contain, treat, detoxify or

neutralize, or in any way respond to, or

assess the effects of "pollutants"; or

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

governmental authority for damages be- cause of testing for, monitoring, cleaning

up, removing, containing, treating, detoxifying or neutralizing, or in any way re- sponding to, or assessing the effects of

"pollutants".

"Covered pollution cost or expense" does not

include any cost or expense arising out of the

actual, alleged or threatened discharge, dis- persal, seepage, migration, release, escape

or emission of "pollutants":

a. That are, or that are contained in any

property that is:

(1) Being transported or towed by,

handled, or handled for move- ment into, onto or from the cov- ered "auto";

(2) Otherwise in the course of tran- sit by or on behalf of the "in- sured";

(3) Being stored, disposed of,

treated or processed in or upon

the covered "auto"; or

b. Before the "pollutants" or any prop- erty in which the "pollutants" are

contained are moved from the place

where they are accepted by the "in- sured" for movement into or onto the

covered "auto"; or

c. After the "pollutants" or any property

in which the "pollutants" are contained are moved from the covered

"auto" to the place where they are fi- nally delivered, disposed of or aban- doned by the "insured".

Paragraph a. above does not apply to fu- els, lubricants, fluids, exhaust gases or

other similar "pollutants" that are needed

for or result from the normal electrical,

hydraulic or mechanical functioning of the

covered "auto" or its parts, if:

(1) The "pollutants" escape, seep,

migrate, or are discharged, dis- persed or released directly from

an "auto" part designed by its

manufacturer to hold, store, re- ceive or dispose of such "pollut- ants"; and

(2) The "bodily injury", "property

damage" or "covered pollution

cost or expense" does not arise

out of the operation of any

equipment listed in Paragraphs

6.b. or 6.c. of the definition of

"mobile equipment".

Paragraphs b. and c. above do not apply

to "accidents" that occur away from

premises owned by or rented to an "in- sured" with respect to "pollutants" not in

or upon a covered "auto" if:

(1) The "pollutants" or any property

in which the "pollutants" are

contained are upset, overturned

or damaged as a result of the

maintenance or use of a cov- ered "auto"; and

(2) The discharge, dispersal, seep- age, migration, release, escape

or emission of the "pollutants" is

caused directly by such upset,

overturn or damage.

E. "Diminution in value" means the actual or per- ceived loss in market value or resale value

which results from a direct and accidental

"loss".

F. "Employee" includes a "leased worker". "Em- ployee" does not include a "temporary

worker".

G. "Insured" means any person or organization

qualifying as an insured in the Who is an In- sured provision of the applicable coverage.

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Except with respect to the Limit of Insurance,

the coverage afforded applies separately to

each insured who is seeking coverage or

against whom a claim or "suit" is brought.

H. "Insured contract":

1. Means:

a. A lease of premises;

b. A sidetrack agreement;

c. An easement or license agreement,

except in connection with construction or demolition operations on or

within 50 feet of a railroad;

d. An obligation, as required by ordi- nance, to indemnify a municipality,

except in connection with work for a

municipality;

e. That part of any other contract or

agreement pertaining to your busi- ness (including an indemnification of

a municipality in connection with

work performed for a municipality)

under which you assume the tort li- ability of another to pay for "bodily

injury" or "property damage" to a

third party or organization. Tort liability means a liability that would be im- posed by law in the absence of any

contract or agreement;

f. That part of any other contract or

agreement entered into, as part of

your business, pertaining to the

rental or lease, by you or any of your

"employees", of any "auto". How- ever, such contract or agreement

shall not be considered an "insured

contract" to the extent that it obli- gates you or any of your "employ- ees" to pay for "property damage" to

any "auto" rented or leased by you

or any of your "employees".

2. Does not include that part of any contract

or agreement:

a. That indemnifies a railroad for "bodily

injury" or "property damage" arising

out of construction or demolition op- erations, within 50 feet of any railroad property and affecting any railroad bridge or trestle, tracks, road

beds, tunnel, underpass or crossing;

or

b. That pertains to the loan, lease or

rental of an "auto" to you or any of

your "employees", if the "auto" is

loaned, leased or rented with a

driver; or

c. That holds a person or organization

engaged in the business of trans- porting property by "auto" for hire

harmless for your use of a covered

"auto" over a route or territory that

person or organization is authorized

to serve by public authority.

I. "Leased worker" means a person leased to

you by a labor leasing firm under an agree- ment between you and the labor leasing firm,

to perform duties related to the conduct of

your business. "Leased worker" includes su- pervisors furnished to you by the labor leasing

firm. "Leased worker" does not include a

"temporary worker".

J. "Loss" means direct and accidental loss or

damage.

K. "Mobile equipment" means any of the following types of land vehicles, including any attached machinery or equipment:

1. Bulldozers, farm machinery, forklifts and

other vehicles designed for use princi- pally off public roads;

2. Vehicles maintained for use solely on or

next to premises you own or rent;

3. Vehicles that travel on crawler treads;

4. Vehicles, whether self-propelled or not,

maintained primarily to provide mobility to

permanently mounted:

a. Power cranes, shovels, loaders, dig- gers or drills; or

b. Road construction or resurfacing

equipment such as graders, scrap- ers or rollers.

5. Vehicles not described in Paragraphs 1.,

2., 3., or 4. above that are not selfpropelled and are maintained primarily to

provide mobility to permanently attached

equipment of the following types:

a. Air compressors, pumps and gen- erators, including spraying, welding,

building cleaning, geophysical exploration, lighting and well servicing

equipment; or

b. Cherry pickers and similar devices

used to raise or lower workers.

6. Vehicles not described in Paragraphs 1.,

2., 3., or 4. above maintained primarily for

purposes other than the transportation of

persons or cargo. However, selfpropelled vehicles with the following

types of permanently attached equipment

are not "mobile equipment" but will be

considered "autos":

a. Equipment designed primarily for:

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(1) Snow removal;

(2) Road maintenance, but not con- struction or resurfacing; or

(3) Street cleaning;

b. Cherry pickers and similar devices

mounted on automobile or truck

chassis and used to raise or lower

workers; and

c. Air compressors, pumps and gen- erators, including spraying, welding,

building cleaning, geophysical exploration, lighting or well servicing

equipment.

However, "mobile equipment" does not in- clude land vehicles that are subject to a com- pulsory or financial responsibility law or other

motor vehicle insurance law where it is li- censed or principally garaged. Land vehicles

subject to a compulsory or financial responsi- bility law or other motor vehicle insurance law

are considered "autos".

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

or thermal irritant or contaminant, including

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

chemicals, petroleum, petroleum products

and their by-products, and waste. Waste in- cludes materials to be recycled, reconditioned

or reclaimed. "Pollutants" include but are not

limited to substances which are generally rec- ognized in industry or government to be

harmful or toxic to persons, property or the

environment regardless of whether injury or

damage is caused directly or indirectly by the

"pollutants" and whether:

1. The "insured" is regularly or otherwise

engaged in activities which taint or de- grade the environment; or

2. The "insured" uses, generates or pro- duces the "pollutant".

M. "Property damage" means damage to or loss

of use of tangible property.

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

1. Damages because of "bodily injury" or

"property damage"; or

2. A "covered pollution cost or expense",

to which this insurance applies, are alleged.

"Suit" includes:

a. An arbitration proceeding in which

such damages or "covered pollution

costs or expenses" are claimed and

to which the "insured" must submit or

does submit with our consent; or

b. Any other alternative dispute resolution proceeding in which such dam- ages or "covered pollution costs or

expenses" are claimed and to which

the insured submits with our con- sent.

O. "Temporary worker" means a person who is

furnished to you to substitute for a permanent

"employee" on leave or to meet seasonal or

short-term workload conditions.

P. "Trailer" includes semitrailer.

Q. "Workplace" means that place and during

such hours to which the "employee" sustaining "bodily injury" was assigned by you, or

any other person or entity acting on your be- half, to work on the date of the "accident".

NUCLEAR ENERGY LIABILITY EXCLUSION ENDORSEMENT

(Broad Form)

1. The insurance does not apply:

A. Under any Liability Coverage, to "bodily

injury" or "property damage":

(1) With respect to which an "insured"

under the policy is also an "insured"

under a nuclear energy liability policy

issued by Nuclear Energy Liability

Insurance Association, Mutual

Atomic Energy Liability Underwriters

or Nuclear Insurance Association of

Canada, or would be an "insured"

under any such policy but for its ter- mination upon exhaustion of its limit

of liability; or

(2) Resulting from the "hazardous prop- erties" of "nuclear material" and with

respect to which (a) any person or

organization is required to maintain

financial protection pursuant to the

Atomic Energy Act of 1954, or any

law amendatory thereof, or (b) the

"insured" is, or had this policy not

been issued would be, entitled to in- demnity from the United States of

America, or any agency thereof, un- der any agreement entered into by

the United States of America, or any

agency thereof, with any person or

organization.

B. Under any Medical Payments coverage,

to expenses incurred with respect to

"bodily injury" resulting from the "hazardCIC0152

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ous properties" of "nuclear facility" by any

person or organization.

C. Under any Liability Coverage, to "bodily

injury" or "property damage" resulting

from the "hazardous properties" of "nu- clear material", if:

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

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

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

(2) The "nuclear material" is contained in

"spent fuel" or "waste" at any time

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

(3) The "bodily injury" or "property dam- age" arises out of the furnishing by

an "insured" of services, materials,

parts or equipment in connection

with the planning, construction,

maintenance, operation or use of

any "nuclear facility", but if such fa- cility is located within the United

States of America, its territories or

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

damage" to such "nuclear facility"

and any property thereat.

2. As used in this endorsement:

"Hazardous properties" include radioactive,

toxic or explosive properties;

"Nuclear material" means "source material",

"special nuclear material" or "byproduct material";

"Source material", "special nuclear material",

and "byproduct material" have the meanings

given them in the Atomic Energy Act of 1954

or in any law amendatory thereof;

"Spent fuel" means any fuel element or fuel

component, solid or liquid, which has been

used or exposed to radiation in a "nuclear re- actor";

"Waste" means any waste material (a) containing "byproduct material" other than the

tailings or wastes produced by the extraction

or concentration of uranium or thorium from

any ore processed primarily for its "source

material" content, and (b) resulting from the

operation by any person or organization of

any "nuclear facility" included under the first

two paragraphs of the definition of "nuclear

facility".

"Nuclear facility" means:

(a) Any "nuclear reactor";

(b) Any equipment or device designed or

used for (1) separating the isotopes of

uranium or plutonium, (2) processing or

utilizing "spent fuel", or (3) handling,

processing or packaging "waste";

(c) Any equipment or device used for the

processing, fabricating or alloying of

"special nuclear material" if at any time

the total amount of such material in the

custody of the "insured" at the premises

where such equipment or device is lo- cated consists of or contains more than

25 grams of plutonium or uranium 233 or

any combination thereof, or more than

250 grams of uranium 235;

(d) Any structure, basin, excavation, premises or place prepared or used for the

storage or disposal of "waste";

and includes the site on which any of the foregoing

is located, all operations conducted on such site

and all premises used for such operations:

"Nuclear reactor" means any apparatus designed

or used to sustain nuclear fission in a selfsupporting chain reaction or to contain a critical

mass of fissionable material;

"Property damage" includes all forms of radioactive contamination of property.

CIC0153

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AA 2009 01 17

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

CHANGES - TOWING AND LABOR

This endorsement modifies insurance provided by the following:

BUSINESS AUTO COVERAGE FORM

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

modified by this endorsement.

1. SECTION III - PHYSICAL DAMAGE COVERAGE, A. Coverage, 2. Towing is deleted

in its entirety and replaced with:

2. Towing

We will pay up to the limit shown in the

Declarations for towing and labor costs

incurred each time a covered "auto" is

disabled. However, the labor must be performed at the place of disablement.

CIC0154

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AA 296 07 12

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CHANGES - AUDIO, VISUAL AND DATA ELECTRONIC

EQUIPMENT COVERAGE

This endorsement modifies insurance provided by the following:

BUSINESS AUTO COVERAGE FORM

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

modified by this endorsement.

1. SECTION III - PHYSICAL DAMAGE COVERAGE, B. Exclusions, 4. is deleted in its entirety and replaced with:

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

a. Tapes, records, discs or similar audio, visual or data electronic devices

designed for use with audio, visual or 

data electronic equipment. b. Any device designed or used to detect speed-measuring equipment, 

such as radar or laser detectors, and 

any jamming apparatus intended to 

elude or disrupt speed-measuring 

equipment.

c. Any electronic equipment, without regard to whether this equipment is

permanently installed, that reproduces, receives or transmits audio, visual or data signals. d. Any accessories used with the electronic equipment described in Paragraph c. above. Exclusions 4.c. and 4.d. do not apply to

equipment designed to be operated solely

by use of the power from the "auto's" electrical system that, at the time of "loss", is:

a. Permanently installed in or upon the

covered "auto";

b. Removable from a housing unit which 

is permanently installed in or upon 

the covered "auto";

c. An integral part of the same unit 

housing any electronic equipment 

described in Paragraphs a. and b.

above; or

d. Necessary for the normal operation 

of the covered "auto" or the monitoring of the covered "auto's" operating 

system.

2. SECTION III - PHYSICAL DAMAGE COVERAGE, C. Limits of Insurance, 1. is deleted in

its entirety and replaced with:

1. The most we will pay for:

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

lesser of;

(1) The actual cash value of the

damaged or stolen property as of

the time of the "loss"; or

(2) The cost of repairing or replacing

the damaged or stolen property 

with other property of like kind or

quality.

b. All electronic equipment that reproduces, receives or transmits audio, visual or data signals in any one "loss", is up to $1,000, if, at the time 

of "loss", such electronic equipment 

is:

(1) Permanently installed in or upon

the covered "auto" in a housing, 

opening or other location that is

not normally used by the "auto" 

manufacturer for the installation

of such equipment;

(2) Removable from a permanently 

installed housing unit as described in Paragraph b.1. above; 

or

(3) An integral part of such equipment as described in Paragraphs b.(1) and b.(2) above. 3. AUDIO, VISUAL AND DATA ELECTRONIC 

EQUIPMENT COVERAGE ADDED LIMITS

The sub-limit in Paragraph 1.b. above is in addition to the Limit of Insurance shown in the 

Schedule of the Audio, Visual and Data 

Equipment Coverage endorsement, if purchased.

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THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

ILLINOIS UNINSURED MOTORISTS COVERAGE

Throughout this endorsement "you" and "your" refer to the organization(s) and a natural person(s) shown as a

Named Insured on this endorsement. "You" and "your" do not refer to any other person(s) or organization(s), 

including but not limited to agents, employees, servants, members, shareholders or independent contractors of 

any person or organization shown as a Named Insured on this endorsement.

For a covered "auto" licensed or principally garaged in, or "garage operations" conducted in Illinois, this endorsement modifies insurance provided under the following:

BUSINESS AUTO COVERAGE FORM

GARAGE COVERAGE FORM

MOTOR CARRIER COVERAGE FORM

TRUCKERS COVERAGE FORM

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

modified by this endorsement.

This endorsement changes the Coverage Form effective on the effective date of the Coverage Form unless

another date is indicated below.

Endorsement Effective: Policy Number:

Named Insured:

SCHEDULE

Limit of Insurance

$ Each "Accident"

(If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement).

A. Coverage

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

entitled to recover as compensatory damages from the owner or operator of:

a. An "uninsured motor vehicle" as defined in Paragraph F.4.a. and b. because of "bodily injury":

(1) Sustained by the "insured"; and

(2) Cause by an "accident".

b. An "uninsured motor vehicle" as defined in Paragraph F.4.c. because of "bodily injury" sustained by the "insured". The owner's or operator's liability for these 

damages must result from the ownership, 

maintenance or use of the "uninsured motor 

vehicle". The "insured" shall be required to 

prove all elements of the "insured's" claim

that are necessary to recover from the owner or operator of the "uninsured motor vehicle".

2. We will pay under this endorsement only if 

the limits of insurance under all applicable 

liability bonds or policies have been partially 

or fully exhausted by payment of judgments 

or settlements. 3. Any judgment for damages arising out of a "suit" brought without our written consent to 

both the "suit" and the judgment is not binding on us. B. Who is an Insured

The following are "insureds":

1. If any natural persons are specifically listed 

as a Named Insured on this endorsement, 

the following persons are "insureds":

12-12-2018 ETA 051 52 30

THE BEND HOTEL DEVELOPMENT COMPANY LLC

REFER TO AA4183

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a. Natural persons specifically listed as a 

Named Insured on this endorsement;

b. "Family members" of natural persons

specifically listed as a Named Insured 

on this endorsement;

c. Any natural person, but only for injuries

that occur while "occupying" an "auto"

for which coverage is provided in the 

Coverage Form or a temporary substitute for such covered "auto". In such 

case, the covered "auto" must be out of

service because of its break down, repair, servicing, "loss" or destruction; 

and

d. Any natural person, but only for damages he or she is entitled to recover 

because of "bodily injury" sustained by

an "insured" described in Paragraphs

B.1.a., b. or c.

2. If an entity other than a natural person is 

listed as a Named Insured on this endorsement, and no natural persons are listed as a 

Named Insured in the endorsement, the following persons are "insureds":

a. Any natural person, but only for injuries 

that occur while "occupying" an "auto"

for which coverage is provided in the 

Coverage Form or a temporary substitute for such covered "auto". In such 

case, the covered "auto" must be out of 

service because of its break down, repair, servicing, "loss" or destruction. b. Any natural person is an "insured", but 

only for damages he or she is entitled 

to recover because of "bodily injury"

sustained by an "insured" described in 

Paragraph B.2.a. C. Exclusions

This insurance does not apply to any of the following:

1. Any claim settled with the person(s) or organization(s) legally responsible for the "accident" or the insurer or legal representative 

of such person(s) or organization(s) without 

our consent.

2. The direct or indirect benefit of any insurer 

or self-insurer under any personal injury protection benefits, workers' compensation, 

disability benefits, pension statutes or similar laws. 3. "Bodily injury" sustained by an "insured" while the "insured" is operating, or "occupying" a "motor vehicle" owned by, furnished

to, or available for the regular use of a 

Named Insured or, if the Named Insured is 

a natural person, a spouse, or a resident 

relative of such Named Insured, if the "motor vehicle" is not specifically identified in the 

Coverage Form or is not a newly acquired 

or replacement "motor vehicle" covered under the terms of the Coverage Form. 4. "Bodily injury" suffered by any person while 

operating or "occupying" a "motor vehicle" without reasonable belief that he or she is 

entitled to do so. 

5. Punitive or exemplary damages. D. Limit of Insurance

1. Regardless of the number of policies, covered "autos", "insureds", premiums paid, 

claims-made or vehicles involved in the "accident", the most we will pay for all damages, including, but not as a separate claim, 

damages claimed by any person or organization for care, loss of services, or death 

due to and arising out of any one "accident"

is the limit of Uninsured Motorists Coverage shown in the Schedule or the Declarations. We will apply the limit shown in the schedule or the Declarations to first provide the 

separate limits required by the Illinois Safety

Responsibility Law as follows:

a. $25,000 for "bodily injury" to any one 

person due to and arising out of any

one "accident", and

b. $50,000 for "bodily injury" to two or 

more persons due to and arising out of 

any one "accident". This provision will not change our total limit 

of insurance. 2. No one will be entitled to receive duplicate 

payments for the same elements of "loss" under this endorsement and any Liability 

Coverage Form. We will not make a duplicate payment under

this endorsement for any element of "loss"

for which payment has been made by or for 

anyone who is legally liable. We will not pay for any element of "loss" if a 

person is entitled to receive payment for the

same element of "loss" under any personal 

injury protection benefits, workers' compensation, disability benefits, pension statutes 

or similar laws, including medical payments 

made under any statute. 3. The limit of insurance provided in this endorsement shall be reduced by all sums 

available for payment to the "insured" for "bodily injury" under all liability bonds or policies covering persons or organizations legally liable for the "accident".

CIC0157

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E. Changes in Conditions

The Conditions for Illinois Uninsured Motorists Coverage are changed as follows:

1. With respect to an "uninsured motor vehicle", the Other Insurance Condition in the

Business Auto and Garage Coverage 

Forms and Other Insurance Primary and

Excess Insurance Provisions in the Truck- ers and Motor Carrier Coverage Forms are 

replaced by the following:

If there is other applicable insurance available under one or more policies or provisions

of coverage:

a. The maximum recovery under all coverage forms or policies combined may

equal but not exceed the highest applicable limit for any one vehicle under 

any coverage form or policy providing 

coverage on either a primary or excess

basis. b. Any insurance we provide with respect 

to a vehicle you do not own shall be excess over any other collectible uninsured motorists insurance. We will pay

only the amount by which the limit of insurance for this coverage exceeds the 

limits of such other insurance.

c. If the coverage under this endorsement 

is provided:

(1) On a primary basis, we will pay only our share of the "loss" that must 

be paid under insurance providing

coverage on a primary basis. Our 

share is the proportion that our limit of insurance bears to the total of

all applicable limits of insurance for 

coverage on a primary basis.

(2) On an excess basis, we will pay 

only our share of the "loss" that 

must be paid under insurance 

providing coverage on an excess

basis. Our share is the proportion 

that our limit of insurance bears to 

the total of all applicable limits of

insurance for coverage on an excess basis. 2. Duties in the Event of Accident, Claim, 

Suit or Loss is changed by adding the following:

a. You or any other involved "insured" must promptly notify the police if a hit- and-run driver is involved;

b. You or any other involved "insured" 

must promptly send us copies of the legal papers if a "suit" is brought; and

c. You and any other involved "insured" 

must cooperate with us in the investigation, settlement or defense of the claim

or "suit". Cooperation includes, but is

not limited to, identifying all parties who 

may be responsible for the "accident" 

and all insurers who may be obligated

to provide coverage. 3. Transfer of Rights of Recovery Against 

Others to Us does not apply.

4. The following Condition is added:

Reimbursement And Trust

If we make any payment and the "insured"

recovers from another party, the "insured" shall hold the proceeds in trust for us and 

pay us back the amount we have paid. 5. Legal Action Against Us is replaced by the 

following:

No lawsuit or action whatsoever or any proceeding in arbitration shall be brought 

against us for the recovery of any claim under the provisions of the Uninsured Motorists Coverage of this Coverage Form unless

the "insured" has satisfied all of the things 

that "insured" is required to do under the 

terms and conditions of this endorsement. 

Any claim or "suit" for Uninsured Motorists 

Coverage must be brought within two (2) 

years of the date of the "accident" causing 

the "bodily injury" or one (1) year after the 

date the liability insurer of the "uninsured

motor vehicle" becomes insolvent, whichever is later. Our subrogation rights also must 

not be prejudiced.

6. The following Condition is added:

Arbitration

a. If we and an "insured" do not agree:

(1) Whether that person is legally entitled to recover damages from a 

party responsible for the "accident"; or

(2) As to the amount of damages that 

may be recovered;

the matter may be settled by arbitration. However, disputes concerning coverage under this endorsement may not 

be arbitrated.

The "insured" and we must mutually

agree to arbitrate the disagreements. If 

the "insured" and we do not agree to 

arbitrate, then the disagreement will be 

resolved in a court having competent 

jurisdiction.

If arbitration is used, each party will select an arbitrator. The two arbitrators

CIC0158

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will select a third. If they cannot agree 

within 45 days as to the third arbitrator, 

either may request that selection be 

made by a judge of a court having jurisdiction. Each party will:

(1) Pay the expenses it incurs; and

(2) Bear the expenses of the third arbitrator equally.

b. Unless both parties agree otherwise, 

arbitration will take place in the county

in which the "insured" lives. If arbitration

is submitted to the American Arbitration

Association, then the American Arbitration Association rules shall apply to all 

matters except medical opinions. As to 

medical opinions, if the amount of 

damages being sought:

(1) Is equal to or less than the minimum limit for "bodily injury" liability 

specified by the Illinois Safety Responsibility Law, then the American

Arbitration Association rules shall 

apply.

(2) Exceeds the minimum limit for "bodily injury" liability specified by 

the Illinois Safety Responsibility 

Law, then the rules of evidence 

that apply in the circuit court for

placing medical opinions into evidence shall apply.

In all other arbitration proceedings, local rules of law as to arbitration procedure and evidence will apply. A decision 

agreed to by two of the arbitrators will 

be binding as to the amount of damages not exceeding the lesser of either:

(1) $75,000 for "bodily injury" to any 

one person/$150,000 for "bodily injury" to two or more persons

caused by any one "accident"; or

(2) The Limit of Uninsured Motorists

Insurance shown in the Schedule 

or Declarations. F. Additional Definitions

As used in this endorsement:

1. "Family member" means a natural person 

who is related to and is a resident of the 

same household as a natural person shown 

as a Named Insured on this endorsement. 

Such relation may be by blood, marriage or 

adoption and may include a ward or foster 

child. 2. "Motor vehicle" means a self-propelled vehicle designed for use and principally used on 

public roads, including an automobile, truck, semi-tractor, motorcycle and bus. "Motor 

vehicle" also includes a motor home, provided the motor home is not stationary and 

is not being used as a temporary or permanent residence or office. "Motor vehicle" does not include a trolley, streetcar, "trailer", railroad engine, railroad car, motorized bicy- cle, golf cart, off-road recreational vehicle, snowmobile, fork lift, aircraft, watercraft, 

construction equipment, farm tractor or other vehicle designed and principally used for 

agricultural purposes, mobile home, vehicle

traveling on treads or rails or any similar vehicle.

3. "Occupying" means in, upon, getting in, on, 

out or off.

4. "Uninsured motor vehicle" means a land "motor vehicle" or "trailer":

a. For which no liability bond or policy applies at the time of an "accident". b. For which an insuring or bonding company denies coverage or is or becomes 

insolvent.

c. That is a hit-and-run vehicle and neither 

the operator nor owner can be identified. The vehicle must either:

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

or a vehicle an "insured" is "occupying"; or

(2) Cause "bodily injury" to an "insured" without hitting an "insured", 

a covered "auto" or a vehicle an "insured" is "occupying". 

We will only accept competent evidence which may include the testimony, under oath, of a person making claim 

under this or similar coverage.

However, "uninsured motor vehicle" does 

not include any "motor vehicle":

a. Owned or operated by a self-insurer 

under any applicable motor vehicle law, 

except a self-insurer who is or becomes insolvent and cannot provide the 

amounts required by that motor vehicle

law.

b. Owned by any governmental unit or 

agency.

c. Designed for use mainly off public

roads while not on public roads. d. Owned by or furnished or available for 

your regular use or that of any "family

member" or any other "insured". e. For which liability coverage is afforded

under this Coverage Form.

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THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

ILLINOIS UNDERINSURED MOTORISTS COVERAGE

Throughout this endorsement "you" and "your" refer to the organization(s) and a natural person(s) shown as a

Named Insured on this endorsement. "You" and "your" do not refer to any other person(s) or organization(s), 

including but not limited to agents, employees, servants, members, shareholders or independent contractors of 

any person or organization shown as a Named insured on this endorsement.

For a covered "auto" licensed or principally garaged in, or "garage operations" conducted in Illinois, this endorsement modifies insurance provided under the following:

BUSINESS AUTO COVERAGE FORM

GARAGE COVERAGE FORM

MOTOR CARRIER COVERAGE FORM

TRUCKERS COVERAGE FORM

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

modified by this endorsement.

This endorsement changes the Coverage Form effective on the effective date of the Coverage Form unless

another date is indicated below.

Endorsement Effective: Policy Number:

Named Insured:

SCHEDULE

Limit of Liability

$ Each Accident

(If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.)

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

unless modified by the endorsement.

A. Coverage

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

entitled to recover as compensatory damages from the owner or operator of an "underinsured motor vehicle". The damages 

must result from "bodily injury" sustained by 

the "insured" caused by an "accident". The 

owner's or operator's liability for these damages must result from the ownership, maintenance or use of the "underinsured motor 

vehicle". The "insured" shall be required to 

prove all elements of the "insured's" claim 

that are necessary to recover from the 

owner or operator of the "underinsured" motor vehicle". 

2. We will pay under this endorsement only if 

a. or b. below applies:

a. The limits of insurance under all applicable liability bonds or policies have 

been partially or fully exhausted by

payment of judgments or settlements; 

or

b. A "tentative settlement" has been made 

between an "insured" and a person(s) 

or organization(s) who may be legally

responsible for the "accident", or the insurer and legal representative of such

person(s) or organization(s) and we:

(1) Have been given a prompt written 

notice of such settlement and advance payment to the "insured" 

equal to the "tentative settlement" 

within 30 days after receipt of notification; or

(2) We and an "insured" have reached 

a "settlement agreement".

3. Any judgment for damages arising out of a "suit" brought without our written consent to 

both the "suit" and the judgment is not binding on us.

12-12-2018 ETA 051 52 30

THE BEND HOTEL DEVELOPMENT COMPANY LLC

REFER TO AA4183

CIC0160

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B. Who is an Insured

The following are "insureds":

1. If any natural persons are specifically listed 

as a Named Insured on this endorsement, 

the following persons are "insureds":

a. Natural persons specifically listed as a 

Named Insured on this endorsement;

b. "Family members" of natural persons

specifically listed as a Named Insured

on this endorsement;

c. Any natural person, but only for injuries

that occur while "occupying" an "auto"

for which coverage is provided in the 

Coverage Form or a temporary substitute for such covered "auto". In such 

case, the covered "auto" must be out of

service because of its break down, repair, servicing, "loss" or destruction; 

and

d. Any natural person, but only for damages he or she is entitled to recover 

because of "bodily injury" sustained by

an "insured" described in Paragraphs

B.1.a., b. or c.

2. If an entity other than a natural person is 

listed as the Named Insured on this endorsement, and no natural persons are 

listed as Named Insureds in the Declarations, the following persons are "insureds":

a. Any natural person, but only for injuries

that occur while "occupying" an "auto"

for which coverage is provided in the 

Coverage Form or a temporary substitute for such covered "auto". In such 

case, the covered "auto" must be out of 

service because of its break down, repair, servicing, "loss" or destruction. b. Any natural person is an "insured", but 

only for damages he or she is entitled 

to recover because of "bodily injury"

sustained by an "insured" described in 

Paragraph B.2.a. C. Exclusions

This insurance does not apply to any of the following:

1. Any claim settled with the person(s) or organization(s) legally responsible for the "accident" or the insurer or legal representative 

of such person(s) or organization(s) without 

our consent.

2. The direct or indirect benefit of any insurer 

under any personal injury protection, work- ers' compensation, disability benefits, pension statutes or similar law.

3. "Bodily injury" sustained by an "insured" while the "insured" is operating or "occupying" a "motor vehicle" owned by, furnished 

to, or available for the regular use of a 

Named Insured or, if the Named Insured is 

a natural person, a spouse or a resident 

relative of such Named Insured, if the "motor vehicle" is not specifically identified in the 

Coverage Form or is not a newly acquired

or replacement "motor vehicle" covered under the terms of the Coverage Form. 4. "Bodily injury" suffered by any person while 

operating or "occupying" a "motor vehicle" without reasonable belief that he or she is 

entitled to do so.

5. Punitive or exemplary damages. D. Limit of Insurance

1. Regardless of the number of policies, covered "autos", "insureds", premiums paid, 

claims-made or vehicles involved in the "accident", the most we will pay for all damages, including, but not as a separate claim, 

damages claimed by any person or organization for care, loss of services, or death 

due to and arising out of any one "accident"

is the limit of Underinsured Motorists 

Coverage shown in the Schedule or the

Declarations. 2. Except in the event of a "settlement agreement", the limit of insurance provided in this 

endorsement shall be reduced by all sums 

available for payment:

a. To the "insured" for "bodily injury" under

all liability bonds or policies covering 

persons or organizations legally liable 

for the "accident". b. Under any automobile medical pay- ments coverage. However, the limit of 

insurance provided in this endorsement 

shall not be reduced by any sums paid 

or payable under Social Security disability benefits. No one will be entitled to receive duplicate 

payments for the same elements of "loss" 

under this endorsement and any Liability

Coverage Form. We will not make duplicate payment under 

this endorsement for element of "loss" for 

which payment has been made by or for 

anyone who is legally liable. We will not pay for any element of "loss" if a

person is entitled to receive payment for the 

same element of "loss" under any personal 

injury protection, workers' compensation, 

disability benefits, pension statutes or similar law, including medical payments made 

under any statute

CIC0161

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3. In the event of a "settlement agreement", 

the maximum limit of insurance provided in 

this endorsement shall be the amount by

which the limit of insurance provided in this 

endorsement exceeds the limits of bodily injury liability bonds or policies applicable to 

the owner or operator of the "underinsured 

motor vehicle".

E. Changes in Conditions

The Conditions for Illinois Underinsured Motorists Coverage are changed as follows:

1. With respect to an "underinsured motor vehicle", the Other Insurance Condition in 

the Business Auto and Garage Coverage 

Forms and Other Insurance Primary and

Excess Insurance Provisions in the Truck- ers and Motor Carrier Coverage Forms are 

replaced by the following:

If there is other applicable insurance available under one or more policies or provisions of coverage:

a. The maximum recovery under all coverage forms or policies combined may

equal but not exceed the highest applicable limit for any one vehicle under 

any coverage form or policy providing 

coverage on either a primary or excess

basis.

b. Any insurance we provide with respect 

to a vehicle you do not own shall be excess over any other collectible underinsured motorists insurance. We will pay

only the amount by which the limit of insurance for this coverage exceeds the 

limits of such other insurance. c. If the coverage under this endorsement 

is provided:

(1) On a primary basis, we will pay 

only our share of the "loss" that 

must be paid under insurance providing coverage on a primary basis. Our share is the proportion that

our limit of insurance bears to the 

total of all applicable limits of insurance for coverage on a primary 

basis.

(2) On an excess basis, we will pay 

only our share of the "loss" that 

must be paid under insurance providing coverage on an excess basis. Our share is the proportion that 

our limit of insurance bears to the 

total of all applicable limits of insurance for coverage on an excess

basis.

2. Duties in the Event of Accident, Claim, 

Suit or Loss is changed by adding the following:

a. A person seeking Underinsured Motorists Coverage must promptly notify us

in writing of a "tentative settlement" between the "insured" and a person(s) or 

organization(s) who may be legally responsible for the "accident", or the insurer or legal representative of such 

person(s) or organization(s) and allow

us 30 days to advance payment to that "insured" in an amount equal to the "tentative settlement" to preserve our 

rights against the person(s) or organization(s) who may be legally responsible for the "accident", or the insurer or 

legal representative of such person(s) 

or organization(s).

b. File "suit" against the person(s) or organization(s) who may be legally responsible for the "accident" or the insurer or legal representative of such 

person(s) or organization(s), prior to the

conclusion of a "settlement agreement". 

Such "suit" cannot be abandoned or

settled without giving us notice in writing of a "tentative settlement" between 

the "insured" and a person(s) or organization(s) who may be legally responsible for the "accident", or the insurer or 

legal representative of such person(s) 

or organization(s) and allowing us 30 

days to advance payment to that "insured" in an amount equal to that settlement to preserve our rights against 

the person(s) or organization(s) who 

may be legally responsible for the "accident", or the insurer or legal representative of such person(s) or organization(s);

c. You or any other involved "insured" must promptly send us copies of the legal papers if a "suit" is brought; and

d. You and any other involved "insured" 

must cooperate with us in the investigation, settlement or defense of the claim 

or "suit". Cooperation includes, but is

not limited to, identifying all parties who 

may be responsible for the "accident" and all insurers who may be obligated

to provide coverage. 3. The following is added to Transfer of 

Rights of Recovery Against Others to Us:

Transfer of Rights of Recovery Against 

Others to Us does not apply to damages

caused by an "accident" with an "underinsured motor vehicle" if we:

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a. Have been given prompt written notice 

of a "tentative settlement" between an "insured" and a person(s) or organization(s) who may be legally responsible 

for the "accident", or the insurer or legal

representative of such person(s) or organization(s); and

b. Fail to advance payment to the "insured" in an amount equal to the "tentative settlement" within 30 days after receipt of notification.

If we advance payment to the "insured" in 

an amount equal to the "tentative settlement" within 30 days after receipt of notification:

a. That payment will be separate from any

amount the "insured" is entitled to recover under the provisions of Underinsured Motorists Coverage; and

b. We also have a right to recover the advanced payment.

However, in the event of a "settlement 

agreement", we shall be entitled to recover 

only for amounts which exceed the limit of 

bodily injury liability bonds or policies applicable to the owner or operator of the "underinsured motor vehicle".

4. The following Condition is added:

Reimbursement And Trust

If we make any payment and the "insured"

recovers from another party, the "insured" shall hold the proceeds in trust for us and 

pay us back the amount we have paid. However, in the event of a "settlement 

agreement", we shall be entitled to recover 

only for amounts which exceed the limit of 

bodily injury liability bonds or policies applicable to the owner or operator of the "underinsured motor vehicle".

5. Legal Action Against Us is replaced by the 

following:

No lawsuit or action whatsoever or any proceeding in arbitration shall be brought 

against us for the recovery of any claim under the provisions of the Underinsured Motorists Coverage of this Coverage Form 

unless the "insured" has satisfied all of the 

things that "insured" is required to do under 

the terms and conditions of this endorsement. Any claim or "suit" for Underinsured 

Motorists Coverage must be brought within 

two (2) years of the date of the "accident"

causing the "bodily injury" or one (1) year after the date the liability insurer of the "uninsured motor vehicle" becomes insolvent, 

whichever is later. Our subrogation rights 

also must not be prejudiced.

6. The following Condition is added:

Arbitration

a. If we and an "insured" do not agree:

(1) Whether that person is legally entitled to recover damages from a

party responsible for the "accident"; or

(2) As to the amount of damages that 

may be recovered;

the matter may be settled by arbitration. However, disputes concerning coverage under this endorsement may not 

be arbitrated. The "insured" and we must mutually 

agree to arbitrate the disagreements. If 

the "insured" and we do not agree to 

arbitrate, then the disagreement will be 

resolved in a court having competent 

jurisdiction.

If arbitration is used, each party will select an arbitrator. The two arbitrators 

will select a third. If they cannot aggress within 45 days as to the third arbitrator, either may request that selection 

be made by a judge of a court having 

jurisdiction. Each party will:

(1) Pay the expenses it incurs; and

(2) Bear the expenses of the third arbitrator equally.

b. Unless both parties agree otherwise, 

arbitration will take place in the county

in which the "insured" lives. Local rules

of law as to arbitration procedures and 

evidence will apply. A decision agreed 

to by two of the arbitrators will be binding as to:

(1) Whether the "insured" is legally entitled to recover damages from a 

party responsible for the "accident"; and

(2) The amount of damages. F. Additional Definitions

As used in this endorsement:

1. "Family member" means a natural person 

who is related to and is a resident of the 

same household as a natural person shown 

as a Named Insured on this endorsement. 

Such relation may be by blood, marriage or 

adoption, and may include a ward or foster 

child. 2. "Motor vehicle" means a self-propelled vehicle designed for use and principally used on 

public roads, including an automobile, truck, 

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semi-tractor, motorcycle and bus. "Motor 

vehicle" also includes a motor home, provided the motor home is not stationary and 

is not being used as a temporary or permanent residence or office. "Motor vehicle" 

does not include a trolley, streetcar, "trailer", railroad engine, railroad car, motorized bicy- cle, golf cart, off-road recreational vehicle, snowmobile, fork lift, aircraft, watercraft, 

construction equipment, farm tractor or 

other vehicle designed and principally used 

for agricultural purposes, mobile home, vehicle traveling on treads or rails or any similar vehicle. 3. "Occupying" means in, upon, getting in, on, 

out or off.

4. "Settlement agreement" means we and an "insured" agree that the "insured" is legally

entitled to recover, from the person(s) or organization(s) who may be legally responsible for the "accident", or the legal representative of such person(s) or organization(s), 

damages for "bodily injury" and, without arbitration, agree also as to the amount of

damages. Such agreement is final and binding regardless of any subsequent judgment 

or settlement reached by the "insured" with 

the person(s) or organization(s) who may be 

legally responsible for the "accident", or the 

legal representative of such person(s) or organization(s),.

5. "Tentative settlement" means an offer from 

the person(s) or organization(s) who may be 

legally responsible for the "accident", or the 

legal representative of such person(s) or organization(s), to compensate an "insured"

for damages incurred because of "bodily injury" sustained in an "accident" involving an

"underinsured motor vehicle".

6. "Underinsured motor vehicle" means a land "motor vehicle" or "trailer" of any type for 

which the sum of the limits of coverage 

available for payment to the "insured" under 

all liability bonds or policies covering person(s) or organization(s) liable to the "insured" at the time of an "accident" are less 

than the Limit of Insurance for this coverage

or reduced by payments to others injured in 

the accident to an amount which is less than 

the Limit of Insurance for this coverage. 

However, "underinsured motor vehicle" does not include any "motor vehicle":

a. Owned or operated by any self-insurer 

under any applicable motor vehicle law, 

except a self-insurer who is or becomes insolvent and cannot provide the 

amount required by that motor vehicle 

law.

b. Owned by any governmental unit or 

agency.

c. Designed for use mainly off public

roads while not on public roads. d. Which is an "uninsured motor vehicle".

e. Owned by, furnished or available for the 

regular use of any "insured", other than 

the named insured, or a "family member" of a named insured.

f. For which liability coverage is afforded 

under this Coverage Form.

CIC0164

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IMPORTANT NOTICE TO ILLINOIS INSUREDS

DEFENSIVE DRIVING COURSE DISCOUNT

FOR SENIOR CITIZENS

In accordance with Illinois law, the Secretary of State will provide documentation to those people over age 55

who have successfully completed a defensive driving course. A discount of 5% will apply to the premiums for

Bodily Injury Liability, Property Damage Liability, Medical Payments, and Collision coverages of the vehicle

principally operated by any senior citizen who presents such documentation.

AA 4047 IL 03 98

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THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

ILLINOIS CHANGES

For a covered "auto" licensed or principally garaged in Illinois, this endorsement modifies insurance provided

under the following:

BUSINESS AUTO COVERAGE FORM

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

modified by the endorsement.

A. Changes in Liability Coverage

1. Paragraph A.1.b.(3) of the Who is an Insured provision does not apply.

2. Our Limit of Insurance applies except 

that we will apply the limit shown in the 

Declarations to first provide the separate 

limits required by the Illinois Safety Responsibility Law as follows:

a. $25,000 for "bodily injury" to any one

person caused by any one "accident",

b. $50,000 for "bodily injury" to two or

more persons caused by any one "accident", and

c. $20,000 for "property damage" 

caused by any one "accident".

This provision will not change our total Limit 

of Insurance.

B. Changes in Physical Damage Coverage

The following is added to the Limit of Insurance provision with respect to repair or replacement resulting in better than like kind or 

quality and supercedes any provision to the 

contrary:

3. We may deduct for betterment if:

a. The deductions reflect a measurable 

decrease in market value attributable 

to the poorer condition of, or prior 

damage to, the vehicle.

b. The deductions are for prior wear and 

tear, missing parts and rust damages

that is reflective of the general overall 

condition of the vehicle considering 

its age. In this event, deductions may 

not exceed $500.

C. Changes in Conditions

The Other Insurance condition is changed by 

the addition of the following:

Liability Coverage provided by this Coverage 

Form for any "auto" you do not own is primary

if:

1. The "auto" is owned or held for sale or 

lease by a new or used vehicle dealership;

2. The "auto" is operated by an "insured" with the permission of the dealership described in Paragraph 1. while your "auto"

is being repaired or evaluated; and

3. The Limit of Insurance for Liability Coverage under this policy is at least:

a. $100,000 for "bodily injury" to any one 

person caused by any one "accident",

b. $300,000 for "bodily injury" to two or 

more persons caused by any one "accident", and

c. $50,000 for "property damage" 

caused by any one "accident".

CIC0166

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AA 4168 IL 01 15

UNINSURED/UNDERINSURED MOTORISTS

PROTECTION OPTION SELECTION FORM - ILLINOIS

The laws of Illinois require that automobile liability insurance policies offer Uninsured/Underinsured Motorists 

Coverage limits equal to the Bodily Injury Limits of the policy to which the coverage attaches. You may, 

however, select coverage at a lower limit. YOU ARE ELECTING TO PURCHASE UNINSURED MOTORISTS LIMITS LESS THAN YOUR BODILY

INJURY LIABILITY LIMITS WHEN YOU SIGN THIS FORM.

Uninsured Motorists Coverage provides for payment of certain benefits for damages caused by owners or 

operators of uninsured motor vehicles because of bodily injury or death resulting therefrom.

Underinsured Motorists Coverage provides for payment of certain benefits for damages caused by owners or

operators of underinsured motor vehicles because of bodily injury or death resulting therefrom. An Underinsured motor vehicle is a vehicle to which a bodily injury policy or bond applies at the time of the

accident but its limit for bodily injury liability is less than the limit of liability for this coverage.

Such benefits may include payments for certain medical expenses, lost wages and pain and suffering, subject

to limitations and conditions in the policy.

Uninsured/Underinsured Motorist options are available for a modest premium: PLEASE CONTACT YOUR 

AGENT for the exact cost.

PLEASE SELECT ONE OF THE FOLLOWING:

I select Uninsured/Underinsured Motorists Coverage at the following limits which are lower than the

Bodily Injury Liability Limits of my policy.

Thousand Dollars

Split Limit Single Limit

LIMITS OF LIABILITY  ̈ *25/50  ̈ 50*  ̈ 50/100  ̈ 100

 ̈ 100/300  ̈ 300

 ̈ Other  ̈ Other

Attached to and forming a part of Policy Number and any subsequent renewals, reinstatements, reissuance, replacements, substitutions or amendments of my policy unless I request 

otherwise in writing

I intend that my selection will apply to me and all other persons or organizations that may be eligible for

coverage under this policy.

DATE

INSURED'S SIGNATURE

NOTE: A. *Underinsured Motorist Coverage does not apply unless Uninsured Motorist Coverage limits

exceed the minimum Financial Responsibility Limits of $25,000 each person/$50,000 each 

occurrence or $50,000 Single Limit Liability.

B. Please refer to form AA 4046 IL for information regarding "Uninsured Motorist Property Damage".

ETA 051 52 30

CIC0167

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AA 4263 IL 04 10

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. OFFICE OF FOREIGN ASSETS CONTROL (OFAC)

COMPLIANCE ENDORSEMENT

This endorsement modifies insurance provided under the following:

BUSINESS AUTO COVERAGE FORM

GARAGE COVERAGE FORM

SECTION IV - BUSINESS AUTO CONDITIONS, B. General Conditions of the BUSINESS AUTO

COVERAGE FORM and SECTION V - GARAGE CONDITIONS, B. General Conditions of the GARAGE

COVERAGE FORM are amended to include the following:

Office of Foreign Assets Control (OFAC) Compliance

Whenever insurance coverage provided by this policy would be in violation of any United States economic or 

trade sanctions, such insurance coverage will not be provided under this policy.

CIC0168

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THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

ILLINOIS CHANGES - CANCELLATION AND NONRENEWAL

This endorsement modifies insurance provided under the following:

BUSINESS AUTO COVERAGE FORM

BUSINESS AUTO PHYSICAL DAMAGE COVERAGE FORM

GARAGE COVERAGE FORM

MOTOR CARRIER COVERAGE FORM

TRUCKERS COVERAGE FORM

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

modified by the endorsement.

A. The Cancellation Common Policy Condition is

replaced by the following:

CANCELLATION

a. The first Named Insured shown in the Declarations may cancel this policy by mailing

us advance written notice of cancellation.

b. When this policy is in effect 61 days or more

or is a renewal or continuation policy, we

may cancel only for one or more of the following reasons by mailing you written notice

of cancellation stating the reasons for cancellation.

(1) Nonpayment of premium.

(2) The policy was obtained through a material misrepresentation.

(3) Any "insured" has violated any of the

terms and conditions of the policy.

(4) The risk originally accepted has

measurably increased.

(5) Certification to the Director of Insurance of the loss of reinsurance by the

insurer which provided coverage to us

for all or a substantial part of the

underlying risk insured.

(6) A determination by the Director of Insurance that the continuation of the

policy could place us in violation of the

Illinois insurance laws.

c. If we cancel for nonpayment of premium,

we will mail you at least 10 days written notice.

d. If this policy is cancelled for other than nonpayment of premium and the policy is in effect:

(1) 60 days or less, we will mail you at

least 30 days written notice.

(2) 61 days or more, we will mail you at

least 60 days written notice.

e. If this policy in cancelled, we will send you

any premium refund due. If we cancel, the

refund will be pro rata. If you cancel, the refund may be less than pro rata. The cancellation will be effective even if we have not

made or offered a refund.

f. The effective date of cancellation stated in

the notice shall become the end of the policy period.

g. Our notice of cancellation will state the reason for cancellation.

h. A copy of the notice will also be sent to your

agent or broker and the loss payee.

B. The following is added and supersedes any provision to the contrary:

NONRENEWAL

If we decide not to renew or continue this policy,

we will mail you, your agent or broker and the

loss payee written notice, stating the reason for

nonrenewal, at least 60 days before the end of

the policy period. If we offer to renew or continue and you do not accept, this policy will terminate at the end of the current policy period.

Failure to pay the required renewal or continuation premium when due shall mean that you

have not accepted our offer.

If we fail to mail proper written notice of nonrenewal and you obtain other insurance, this

policy will end on the effective date of that insurance.

C. Mailing of Notices

We will mail cancellation and nonrenewal notices to the last addresses known to us. Proof

of mailing will be sufficient proof of notice.

CA 02 70 08 94 Copyright, Insurance Services Office, Inc., 1994

CIC0169

Case: 1:20-cv-04636 Document #: 9-1 Filed: 10/09/20 Page 170 of 327 PageID #:215
CA 24 02 12 93 Copyright, Insurance Services Office, Inc., 1993

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

PUBLIC TRANSPORTATION AUTOS

This endorsement modifies insurance provided under the following:

BUSINESS AUTO COVERAGE FORM

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

modified by the endorsement.

LIABILITY COVERAGE for a covered "auto" licensed or used to transport the public is changed as follows:

The CARE CUSTODY OR CONTROL exclusion does not apply to "property damage" to or "covered pollution cost or expense" involving property of the "insured's" passengers while such property is carried by

the covered "auto."

CIC0170

Case: 1:20-cv-04636 Document #: 9-1 Filed: 10/09/20 Page 171 of 327 PageID #:216
Includes copyrighted material of Insurance

AA 261 07 14 Services Office, Inc., with its permission. Page 1 of 2

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AUTO MEDICAL PAYMENTS COVERAGE

Throughout this Coverage Form "you" and "your" refer to the organization and any specifically named natural

persons shown as the Named Insured in the Business Auto or Garage Coverage Part Declarations. "You" and "Your" do not refer to any other persons or organizations, including but not limited to agents, employees, servants, members, shareholders or independent contractors of any person or organization shown as the Named 

Insured in the Business Auto or Garage Coverage Part Declarations. This endorsement modifies insurance provided under the following:

BUSINESS AUTO COVERAGE FORM

GARAGE COVERAGE FORM

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

modified by the endorsement. A. Coverage

We will pay reasonable expenses incurred for

necessary medical and funeral services to or for

an "insured" who sustains "bodily injury" caused

by "accident". We will pay only those expenses

incurred and reported to us, for services rendered within three years from the date of the

"accident".

B. Who is an Insured

1. You while "occupying" or, while a pedestrian, when struck by any "auto".

2. "Family members" of natural persons shown 

as Named Insureds in the Business Auto or 

Garage Coverage Part Declarations while "occupying" or, while a pedestrian, when 

struck by any "auto".

3. Anyone for injuries while "occupying" a covered "auto".

4. Anyone for injuries while "occupying" a temporary substitute for a covered "auto". The 

covered "auto" must be out of service because of its breakdown, repair, servicing, 

loss or destruction.

C. Exclusions

This insurance does not apply to any of the following:

1. "Bodily injury" sustained by an "insured" while "occupying" a vehicle located for use 

as a premises. 2. "Bodily injury" sustained by you or any "family member" while "occupying" or struck by

any vehicle (other than a covered "auto") 

owned by or furnished or available for your 

regular use. 3. "Bodily injury" sustained by any "family

member" while "occupying" or struck by any

vehicle (other than a covered "auto") owned 

by or furnished or available for the regular 

use of any "family member". 4. "Bodily injury" to your "employee" arising out 

of and in the course of employment by you.

However, we will cover "bodily injury"to your 

domestic "employees" if not entitled to 

workers' compensation benefits. For the 

purposes of this endorsement, a domestic "employee" is a person engaged in household or domestic work performed principally 

in connection with a residence premises. 5. "Bodily injury" to an "insured" while working 

in a business of selling, servicing, repairing 

or parking "autos" unless that business is 

yours. 6. "Bodily injury" arising directly or indirectly out 

of: 

a. War, including undeclared or civil war;

b. Warlike action by a military force, including action in hindering or defending

against an actual or expected attack, by

any government, sovereign or other authority using military personnel or other 

agents; or

c. Insurrection, rebellion, revolution, 

usurped power, or action taken by governmental authority in hindering or defending against any of these. 7. "Bodily injury" to anyone using a vehicle 

without a reasonable belief that the person

is entitled to do so.

8. "Bodily injury" sustained by an "insured" while "occupying" any covered "auto" while 

used in any professional racing or demolition contest or stunting activity, or while 

practicing for such contest or activity. This 

insurance also does not apply to any "bodily 

injury" sustained by an "insured" while the "auto" is being prepared for such a contest 

or activity.

CIC0171

Case: 1:20-cv-04636 Document #: 9-1 Filed: 10/09/20 Page 172 of 327 PageID #:217
Includes copyrighted material of Insurance

AA 261 07 14 Services Office, Inc., with its permission. Page 2 of 2

D. Limit of Insurance

Regardless of the number of covered "autos", "insureds", premiums paid, claims made or vehicles involved in the "accident", the most we will

pay for "bodily injury" for each "insured" injured

in any one "accident" is the Limit of Insurance for 

Auto Medical Payments Coverage shown in the

Declarations. No one will be entitled to receive duplicate pay- ments for the same elements of "loss" under this

coverage and any Liability Coverage Form, Uninsured Motorists Coverage endorsement or Underinsured Motorists Coverage Endorsement attached to this Coverage Part. E. Changes in Conditions

The Conditions are changed for Auto Medical 

Payments Coverage as follows:

1. The Transfer of Rights of Recovery 

Against Others to Us Condition does not

apply.

2. The reference in Other Insurance in the 

Business Auto and Garage Coverage 

Forms to "other collectible insurance" applies only to other collectible auto medical 

payments insurance.

F. Additional Definitions

As used in this endorsement:

1. "Family member" means a person related to 

you by blood, marriage or adoption who is a 

resident of your household, including a ward 

or foster child.

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

out or off.

SEE AA4183

CIC0172

Case: 1:20-cv-04636 Document #: 9-1 Filed: 10/09/20 Page 173 of 327 PageID #:218
Includes copyrighted material of ISO

AA 265 01 16 Properties, Inc., with its permission. Page 1 of 3

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

CinciPlus

®

BUSINESS AUTO XC®

(EXPANDED COVERAGE)

ENDORSEMENT

This endorsement modifies insurance provided by the following:

BUSINESS AUTO COVERAGE FORM

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

modified by this endorsement.

A. Who is an Insured - Amended

SECTION II - LIABILITY COVERAGE, A. Coverage, 1. Who is an Insured is amended

by adding the following:

The following are "insureds":

1. Any subsidiary which is a legally incorporated entity of which you own a financial 

interest of more than 50% of the voting

stock on the effective date of this coverage form. However, the insurance afforded by this

provision does not apply to any subsidiary 

that is an "insured" under any other automobile liability policy, or would be an

"insured" under such policy but for termination of such policy or the exhaustion of 

such policy's limits of insurance.

2. Any organization that is newly acquired or

formed by you and over which you maintain majority ownership.

The insurance provided by this provision:

a. Is effective on the date of acquisition 

or formation, and is afforded for 180 

days after such date;

b. Does not apply to "bodily injury" or "property damage" resulting from an "accident" that occurred before you

acquired or formed the organization;

c. Does not apply to any newly acquired 

or formed organization that is a joint 

venture or partnership; and

d. Does not apply to an insured under 

any other automobile liability policy,

or would be an insured under such a 

policy but for the termination of such 

policy or the exhaustion of such policy's limits of insurance. 3. Any of your "employees" while using a

covered "auto" in your business or your 

personal affairs, provided you do not own,

hire or borrow that "auto".

B. Liability Coverage Extensions - Supplementary Payments - Higher Limits

SECTION II - LIABILITY COVERAGE, A. Coverage, 2. Coverage Extensions, a. Supplementary Payments is amended by:

1. Replacing the $2,000 Limit of Insurance 

for bail bonds with $4,000 in (2); and

2. Replacing the $250 Limit of Insurance for 

reasonable expenses with $500 in (4). C. Amended Fellow Employee Exclusion

SECTION II - LIABILITY COVERAGE, B. Exclusions, 5. Fellow Employee is modified as

follows:

Exclusion 5. Fellow Employee is deleted. D. Hired Auto - Physical Damage

If hired "autos" are covered "autos" for Liability

Coverage, then Comprehensive and Collision 

Physical Damage Coverages as provided under SECTION III - PHYSICAL DAMAGE 

COVERAGE of this Coverage Part are extended to "autos" you hire, subject to the following:

1. The most we will pay for "loss" to any 

hired "auto" is $35,000 or the actual cash 

value or cost to repair or replace, whichever is the least, minus a deductible.

2. The deductible will be equal to the largest 

deductible applicable to any owned "auto" 

CIC0173

Case: 1:20-cv-04636 Document #: 9-1 Filed: 10/09/20 Page 174 of 327 PageID #:219
Includes copyrighted material of ISO

AA 265 01 16 Properties, Inc., with its permission. Page 2 of 3

for that coverage, or $1,000, whichever is

less. 3. Hired Auto - Physical Damage coverage

is excess over any other collectible insurance. 4. Subject to the above limit, deductible, and

excess provisions we will provide coverage equal to the broadest coverage applicable to any covered "auto" you insured

under this policy.

Coverage includes loss of use of that hired auto, provided it results from an "accident" for 

which you are legally liable and as a result of 

which a monetary loss is sustained by the 

leasing or rental concern. The most we will 

pay for any one "accident" is $1,000.

If a limit for Hired Auto - Physical Damage is

shown in the Schedule, then that limit replaces, and is not added to, the $35,000 limit indicated above. E. Rental Reimbursement

SECTION III - PHYSICAL DAMAGE is

amended by adding the following:

1. We will pay for rental reimbursement expenses incurred by you for the rental of 

an "auto" because of a "loss" to a covered "auto". Payment applies in addition to the

otherwise applicable amount of each coverage you have on a covered "auto". No

deductible applies to this coverage.

2. We will pay only for those expenses incurred during the policy period beginning

24 hours after the "loss" and ending, regardless of the policy's expiration, with

the lesser of the following number of 

days:

a. The number of days reasonably required to repair the covered "auto". If "loss" is caused by theft, this number

of days is added to the number of 

days it takes to locate the covered

"auto" and return it to you; or

b. 30 days. 3. Our payment is limited to the lesser of the

following amounts:

a. Necessary and actual expenses incurred; or

b. $40 per day.

4. This coverage does not apply while there

are spare or reserve "autos" available to

you for your operations.

5. We will pay under this coverage only that 

amount of your rental reimbursement expenses which is not already provided for

under SECTION III - PHYSICAL DAMAGE COVERAGE, A. Coverage, 4. Coverage Extensions. F. Transportation Expense - Higher Limits

SECTION III - PHYSICAL DAMAGE COVERAGE, A. Coverage, 4. Coverage Extensions is amended by replacing $20 per day 

with $50 per day, and $600 maximum with 

$1,500 maximum in Extension a. Transportation Expenses. G. Airbag Coverage

SECTION III - PHYSICAL DAMAGE COVERAGE, B. Exclusions, 3.a. is amended by

adding the following:

However, the mechanical and electrical 

breakdown portion of this exclusion does not 

apply to the accidental discharge of an airbag. This coverage for airbags is excess over any 

other collectible insurance or warranty.

H. Loan or Lease Gap Coverage

1. SECTION III - PHYSICAL DAMAGE

COVERAGE, C. Limit of Insurance is

deleted in its entirety and replaced by the 

following, but only for private passenger 

type "autos" with an original loan or lease, and only in the event of a "total loss" to 

such a private passenger type "auto":

a. The most we will pay for "loss" in any 

one "accident" is the greater of:

(1) The amount due under the terms

of the lease or loan to which

your covered private passenger

type "auto" is subject, but will not

include:

(a) Overdue lease or loan payments;

(b) Financial penalties imposed 

under the lease due to high

mileage, excessive use or

abnormal wear and tear;

(c) Security deposits not refunded by the lessor; 

(d) Costs for extended warranties, Credit Life Insurance, 

Health, Accident or Disability Insurance purchased

with the loan or lease; and

(e) Carry-over balances from 

previous loans or leases, or

(2) Actual cash value of the stolen

or damaged property.

b. An adjustment for depreciation and

physical condition will be made in deCIC0174

Case: 1:20-cv-04636 Document #: 9-1 Filed: 10/09/20 Page 175 of 327 PageID #:220
Includes copyrighted material of ISO

AA 265 01 16 Properties, Inc., with its permission. Page 3 of 3

termining actual cash value at the

time of "loss".

2. SECTION V - DEFINITIONS is amended

by adding the following, but only for the

purposes of this Loan or Lease Gap 

Coverage:

"Total loss" means a "loss" in which the 

cost of repairs plus the salvage value exceeds the actual cash value.

I. Glass Repair - Waiver of Deductible

SECTION III - PHYSICAL DAMAGE COVERAGE, D. Deductible is amended by adding

the following:

No deductible applies to glass damage if the 

glass is repaired in a manner acceptable to us

rather than replaced. J. Duties in the Event of an Accident, Claim, Suit or Loss - Amended

SECTION IV - BUSINESS AUTO CONDITIONS, A. Loss Conditions, 2. Duties in the 

Event of Accident, Claim, Suit or Loss, a. is

amended by adding the following:

This condition applies only when the "accident" or "loss" is known to:

1. You, if you are an individual;

2. A partner, if you are a partnership;

3. An executive officer or insurance manager, if you are a corporation; or

4. A member or manager, if you are a limited liability company.

K. Unintentional Failure to Disclose Hazards

SECTION IV - BUSINESS AUTO CONDITIONS, B. General Conditions is amended

by adding the following:

If you unintentionally fail to disclose any hazards existing on the effective date of this Coverage Form, we will not deny coverage under 

this Coverage Form because of such failure. L. Mental Anguish Resulting from Bodily Injury

SECTION V - DEFINITIONS, C. "Bodily injury" is deleted in its entirety and replaced by 

the following:

"Bodily injury" means bodily injury, sickness or 

disease sustained by a person, including mental anguish and death sustained by the same 

person that results from such bodily injury, 

sickness or disease. "Bodily injury" does not 

include mental anguish or death that does not 

result from bodily injury, sickness or disease.

CIC0175

Case: 1:20-cv-04636 Document #: 9-1 Filed: 10/09/20 Page 176 of 327 PageID #:221
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XSC504 05 10 ETD 051 52 30 Page 1 of 2

CIC0176

Case: 1:20-cv-04636 Document #: 9-1 Filed: 10/09/20 Page 177 of 327 PageID #:222
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$ Aggregate

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$

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f) $

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$

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g) Liquor Liability

Other

h)

FORMS AND / OR ENDORSEMENTS APPLICABLE TO THIS COVERAGE PART:

XS101UM 12/04 EXCESS LIABILITY - TABLE OF CONTENTS

XS306 09/02 EMPLOYMENT - RELATED PRACTICES EXCLUSION

EXCLUSION - ACCESS OR DISCLOSURE OF CONFIDENTIAL OR PERSONAL 

INFORMATION

XS345 05/14

XS431IL 09/02 ILLINOIS CHANGES - KNOWN INJURY OR DAMAGE

XSC504 05 10 ETD 051 52 30 Page 2 of 2

CIC0177

Case: 1:20-cv-04636 Document #: 9-1 Filed: 10/09/20 Page 178 of 327 PageID #:223
Includes copyrighted material of Insurance

XS 101 UM 12 04 Services Office, Inc. with its permission. Page 1 of 12

EXCESS LIABILITY - TABLE OF CONTENTS

Coverage Part Provision: Begins on Page:

Preamble ........................................................................................................................................................... 2

SECTION I - COVERAGE.................................................................................................................................. 2

A. Insuring Agreement............................................................................................................................ 2

B. Exclusions:.......................................................................................................................................... 2

1. Asbestos......................................................................................................................................... 2

2. Distribution of Material in Violation of Statutes ............................................................................. 3

3. Electronic Data............................................................................................................................... 3

4. Pollutant - Auto............................................................................................................................... 3

5. Pollutant - Other Than Auto........................................................................................................... 4

6. Underlying Insurance..................................................................................................................... 5

7. Uninsured or Underinsured Motorists ........................................................................................... 5

8. War ................................................................................................................................................. 5

C. Defense and Supplementary Payments .......................................................................................... 5

SECTION II - LIMITS OF INSURANCE............................................................................................................. 6

SECTION III - CONDITIONS: ............................................................................................................................ 7

1. Appeals........................................................................................................................................... 7

2. Audit................................................................................................................................................ 7

3. Bankruptcy ..................................................................................................................................... 7

4. Duties in the Event of Occurrence, Claim or Suit ......................................................................... 7

5. First Named Insured ...................................................................................................................... 7

6. Liberalization .................................................................................................................................. 7

7. Loss Payments............................................................................................................................... 8

8. Maintenance of Underlying Insurance .......................................................................................... 8

9. Other Insurance ............................................................................................................................. 8

10. Premium ......................................................................................................................................... 8

11. Representations............................................................................................................................. 8

12. Transfer of Rights of Recovery Against Others to Us .................................................................. 8

13. When We Do Not Renew............................................................................................................... 9

SECTION IV - DEFINITIONS:............................................................................................................................ 9

1. "Authorized representative"........................................................................................................... 9

2. "Coverage term"............................................................................................................................. 9

3. "Electronic data"............................................................................................................................. 9

4. "Hostile fire".................................................................................................................................... 9

5. "Insured"......................................................................................................................................... 9

6. "Loss".............................................................................................................................................. 10

7. "Pollutants"..................................................................................................................................... 10

8. "Underlying insurance" .................................................................................................................. 10

NUCLEAR ENERGY LIABILITY EXCLUSION ENDORSEMENT................................................................... 11

CIC0178

Case: 1:20-cv-04636 Document #: 9-1 Filed: 10/09/20 Page 179 of 327 PageID #:224
Includes copyrighted material of Insurance

XS 101 UM 12 04 Services Office, Inc. with its permission. Page 2 of 12

EXCESS LIABILITY COVERAGE FORM

Various provisions in this Coverage Part restrict

this insurance. Read the entire Coverage Part

carefully to determine rights, duties, and what is

and is not covered.

Throughout this Coverage Part the words "you"

and "your" refer to the Named Insured shown in

the Declarations. 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

IV - DEFINITIONS. SECTION I - COVERAGE

A. Insuring Agreement

1. We will pay those sums the "insured" is

legally obligated to pay as damages for

that part of "loss" to which this insurance

applies in excess of "underlying insur- ance".

2. This insurance applies to injury or offense

only if:

a. The injury or offense takes place

during the policy period shown in the

Declarations; and

b. Prior to the "coverage term" in which

the injury or offense takes place, you

did not know, per Paragraph 4. below, that the injury or offense had

taken place or begun to take place,

in whole or in part.

3. Injury or offense which:

a. Takes place during the "coverage

term"; and

b. Was not, prior to the "coverage

term", known by you, per Paragraph

4. below, to have taken place;

includes any continuation, change or re- sumption of that injury or offense after the

end of the "coverage term" in which it first

became known by you.

4. You will be deemed to know that injury or

offense has taken place at the earliest

time when any "authorized representative":

a. Reports all, or any part of the injury

or offense to us or any other insurer;

b. Receives a written or verbal demand

or claim for damages because of the

injury or offense;

c. First observes, or reasonably should

have first observed, the injury or offense;

d. Becomes aware, or reasonably

should have become aware, by any

means, other than as described in c.

above, that injury or offense has

taken place or begun to take place;

or

e. Becomes aware, or reasonably

should have become aware, of a

condition from which injury or offense

is substantially certain to take place.

5. The terms, definitions, conditions, limitations and exclusions of the "underlying

insurance" are made a part of this Cover- age Part, except for:

a. Any term or condition relating to:

(1) Any duty to investigate or defend;

(2) The limits of insurance;

(3) The payment of expenses;

(4) The premium;

(5) Cancellation or non-renewal;

(6) Any renewal agreement;

(7) The policy period; or

b. Any other provision that is not con- sistent with this Coverage Part;

in which case the terms, definitions, con- ditions, limitations and exclusions of this

Coverage Part will apply.

6. The amount we will pay is limited as de- scribed in SECTION II - LIMITS OF IN- SURANCE. No other obligation or liability to pay sums or

perform acts or services is covered unless

expressly provided for under SECTION I - COVERAGE, C. Defense and Supplementary Payments. B. Exclusions

This insurance does not apply to:

1. Asbestos

Any liability arising out of, attributable to

or any way related to asbestos in any

form or transmitted in any manner.

CIC0179

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2. Distribution of Material in Violation of

Statutes

Any liability arising directly or indirectly

out of any action or omission that violates

or is alleged to violate:

a. The Telephone Consumer Protection

Act (TCPA), including any amend- ment of or addition to such law;

b. The CAN-SPAM Act of 2003, including any amendment of or addition to

such law; or

c. Any statute, ordinance or regulation,

other than the TCPA or CAN-SPAM

Act of 2003, that prohibits or limits

the sending, transmitting, communi- cating or distribution of material or

information.

3. Electronic Data

Damages arising out of the loss of, loss

of use of, damage to, corruption of, in- ability to access, or inability to manipulate

"electronic data".

4. Pollutant - Auto

Any liability arising out of the actual, alleged or threatened discharge, dispersal,

seepage, migration, release, emission or

escape of "pollutants":

a. That are, or that are contained in any

property that is:

(1) Being transported or towed by,

handled, or handled for move- ment into, onto or from, an auto

that an "insured" owns, hires,

borrows, rents, leases, or that is

operated on their behalf in any

other fashion;

(2) Otherwise in the course of tran- sit by or on behalf of the "in- sured"; or

(3) Being stored, disposed of,

treated or processed in or upon

an auto that an "insured" owns,

hires, borrows, rents, leases, or

that is operated on their behalf

in any other fashion;

b. Before the "pollutants" or any prop- erty in which the "pollutants" are

contained are moved from the place

where they are accepted by the "in- sured" for movement into or onto an

auto that an "insured" owns, hires,

borrows, rents, leases, or that is op- erated on their behalf in any other

fashion; or

c. After the "pollutants" or any property

in which the "pollutants" are contained are moved from an auto that

an "insured" owns, hires, borrows,

rents, leases, or that is operated on

their behalf in any other fashion to

the place where they are finally delivered, disposed of or abandoned by

the "insured".

Paragraph a. above does not apply

to bodily injury or property damage

arising from fuels, lubricants, or other

operating fluids, exhaust gases or

other similar "pollutants" that are

needed for or result from the normal

electrical, hydraulic or mechanical

functioning of an auto that an "in- sured" owns, hires, borrows, rents,

leases, or that is operated on their

behalf in any other fashion or its

parts, if:

(1) The "pollutants" escape, seep,

migrate, or are discharged, dis- persed or released directly from

an auto part designed by its

manufacturer to hold, store, re- ceive or dispose of such "pollut- ants"; and

(2) The bodily injury or property

damage does not arise out of

the operation of:

(a) Cherry pickers and similar

devices mounted on auto- mobile or truck chassis and

used to raise or lower work- ers; or

(b) Air compressors, pumps

and generators, including

spraying, welding, building

cleaning, geophysical ex- ploration, lighting and wellservicing equipment.

However, this exception to Para- graph (a) does not apply if the fuels,

lubricants, or other operating fluids,

exhaust gases or other similar "pollutants" are intentionally discharged,

dispersed, emitted or released.

Paragraphs b. and c. above do not

apply to an occurrence that occurs

away from premises owned by or

rented to an "insured" with respect to

"pollutants" not in or upon an auto

that an "insured" owns, hires, borrows, rents, leases, or that is oper- ated on their behalf in any other

fashion if:

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(1) The "pollutants" or any property

in which the "pollutants" are

contained are upset, overturned

or damaged as a result of the

maintenance or use of an auto

that an "insured" owns, hires,

borrows, rents, leases, or that is

operated on their behalf in any

other fashion; and

(2) The discharge, dispersal, seep- age, migration, release, emis- sion or escape of the "pollut- ants" is caused directly by such

upset, overturn or damage.

5. Pollutant - Other Than Auto

a. Any liability arising out of the actual,

alleged or threatened discharge,

dispersal, seepage, migration, release, emission or escape of "pollut- ants":

(1) 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 "in- sured".

However, Paragraph a.(1) of this

exclusion does not apply to the

following if such liability is cov- ered by "underlying insurance"

listed in the Schedule of Underlying Insurance, and subject to

all its terms, limitations and con- ditions:

(a) Bodily injury, if sustained

within a building and

caused by smoke, fumes,

vapor or soot produced by

or originating from equip- ment 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;

(b) 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 "underlying

insurance" 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

(c) Bodily injury or property

damage arising out of heat,

smoke or fumes from a

"hostile fire";

(2) At or from any premises, site or

location which is or was at any

time used by or for any "insured"

or others for the handling, stor- age, disposal, processing or

treatment of waste;

(3) Which are or were at any time

transported, handled, stored,

treated, disposed of, or proc- essed as waste by or for any

"insured" or any person or or- ganization for whom you may be

legally responsible;

(4) 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, Paragraph a.(4) of this

exclusion does not apply to the

following if such liability is cov- ered by "underlying insurance"

listed in the Schedule of Underlying Insurance, and subject to

all its terms, limitations and con- ditions:

(a) 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 equip- ment or its parts, if such fu- els, lubricants or other op- erating 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

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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 "in- sured", contractor or sub- contractor;

(b) 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

(c) Bodily injury or property

damage arising out of heat,

smoke or fumes from a

"hostile fire"; or

(5) At or from any premises, site or

location on which any "insured"

or any contractors or subcontractors working directly or indirectly on any "insured's" behalf

are performing operations, if the

operations are to test for, monitor, clean up, remove, contain,

treat, detoxify or neutralize, or in

any way respond to or assess

the effects of, "pollutants".

b. Any loss, cost or expense arising out

of any:

(1) Request, demand, order or

statutory or regulatory require- ment that any "insured" or oth- ers test for, monitor, clean up,

remove, contain, treat, detoxify

or neutralize, or in any way re- spond to, or assess the effects

of, "pollutants"; or

(2) Claim or suit by or on behalf of a

governmental authority for dam- ages because of testing for,

monitoring, cleaning up, removing, containing, treating, detoxifying or neutralizing, or in any

way responding to, or assessing

the effects of, "pollutants".

However, this Paragraph b. does not

apply to liability for damages be- cause 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.

6. Underlying Insurance

Any liability not covered by "underlying

insurance" for any reason other than the

exhaustion of an aggregate limit of insur- ance by payment of claims.

7. Uninsured or Underinsured Motorists

Any liability or obligation to any "insured"

or anyone else under any uninsured

motorist, underinsured motorist, automo- bile no-fault or first party personal injury

law.

8. War

Any liability, however caused, arising directly or indirectly, out of:

a. War, including undeclared or civil

war;

b. Warlike action by a military force, in- cluding action in hindering or defending against an actual or ex- pected attack by any government,

sovereign or authority using military

personnel or other agents; or

c. Insurrection, rebellion, revolution,

usurped power or action taken by

governmental authority in hindering

or defending against any of these.

C. Defense and Supplementary Payments

1. We will have the right and duty to defend

the "insured" against any suit seeking

damages because of injury or damage to

which this insurance applies when the

applicable limits of "underlying insurance"

and any other insurance have been ex- hausted by payment of claims. We will

have no duty to defend the "insured"

against any suit seeking damages for injury or damage to which this insurance

does not apply. We may, at our discretion, investigate any occurrence and settle any claim or suit that may result.

Our right and duty to defend ends when

the applicable Limits of Insurance, as

stated in the Declarations, has been ex- hausted by payment of claims.

2. We have no duty to investigate, settle or

defend any claim or suit other than those

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circumstances described in Paragraph

C.1. However, we do have the right to

participate in the investigation, settlement

or defense of any claim or suit to which

this insurance applies. If we exercise this

right, we will do so at our expense.

3. If there is no underlying insurer or other

insurance obligated to do so, we will pay

the following when we provide a defense:

a. All expenses we incur.

b. The cost of bail bonds up to $3,000.

We do not have to furnish these

bonds.

c. The cost of bonds to appeal a judg- ment or award in any claim or suit we

defend and the cost of bonds to release attachments, but only for bond

amounts within the applicable Limits

of Insurance. We do not have to fur- nish these bonds.

d. Reasonable expenses incurred by

the "insured" at our request to assist

us in the investigation or defense of

the claim or suit, including the actual

loss of earnings.

e. All costs taxed against the "insured"

in the suit.

4. If there is no underlying insurer obligated

to do so, we will pay the following ex- penses for a "loss" to which this insur- ance applies:

a. Prejudgment interest awarded

against the "insured" on that part of

the judgment we become obligated

to pay and which falls within the ap- plicable Limit of Insurance. If we

make an offer to pay the applicable

Limits of Insurance, we will not pay

any prejudgment interest based on

that period of time after the offer.

b. All interest awarded against the "in- sured" on the full amount of any

judgment that accrues:

(1) After entry of the judgment; and

(2) Before we have paid, offered to

pay or deposited in court the

part of the judgment that is

within the applicable Limit of In- surance.

5. If we are prevented by law or otherwise

from carrying out any of the provisions of

SECTION I - COVERAGE, C. Defense

and Supplementary Payments, we will

pay any expense incurred with our written

consent.

These payments will not reduce the Limits of

Insurance provided by this Coverage Part

when defense or supplementary payments

provided by the "underlying insurance" do not

reduce their Limits of Insurance. However,

when defense or supplementary payments

provided by the "underlying insurance" reduce

their Limits of Insurance then such expense

payments paid by us will reduce the Limits of

Insurance provided by this Coverage Part.

SECTION II - LIMITS OF INSURANCE

1. The Limits of Insurance shown in the Declarations and the rules below fix the most we will

pay regardless of the number of:

a. "Insureds";

b. Claims made or suits brought;

c. Persons or organizations making claims

or bringing suits; or

d. Coverages provided under this Coverage

Part.

2. The Limits of Insurance of this Coverage Part

apply in excess of the "underlying insurance"

limits specified in the Schedule of Underlying

Insurance.

3. The Aggregate Limit specified in the Declarations is the most we will pay for "loss" to which

this insurance applies. The Aggregate Limit

of this Coverage Part applies to "loss" in the

same manner as the aggregate limit in the

"underlying insurance" applies to "loss".

When the "underlying insurance" does not

apply an aggregate limit of "loss", the Aggre- gate Limit of this Coverage Part will not apply

to "loss". When the "underlying insurance"

does apply an aggregate limit to "loss", the

Aggregate Limit of this Coverage Part will ap- ply to "loss".

4. Subject to 3. above, the Each Occurrence

Limit specified in the Declarations is the most

we will pay for "loss" arising out of any one

occurrence.

We will not pay more than the Limit of Insur- ance shown in this Coverage Part's Declarations for Each Occurrence because any Per- sonal Umbrella Liability Policy(ies) is / are attached to this policy.

5. The following provision applies only if this

Coverage Part contains an Aggregate Limit of

Insurance which applies to the "loss".

If the Each Occurrence Limit of Insurance of

the "underlying insurance" is less than as

stated in the Schedule of Underlying Insur- ance because the aggregate limits of the "un- derlying insurance" have been reduced, this

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duced limit of insurance if such reduction is

solely the result of injury or damage occurring

after the inception date of this Coverage Part

and not before. This provision does not in- crease the Limits of Insurance of this Cover- age Part.

The Limits of Insurance of this Coverage Part ap- ply separately to each "coverage term".

SECTION III - CONDITIONS

1. Appeals

We may elect to appeal a judgment against

any "insured" if the judgment exceeds the un- derlying limits of insurance. If we appeal, we

will do so at our own expense, but in no event

shall this provision increase our liability be- yond:

a. Our applicable Limits of Insurance as

shown in the Declarations;

b. Our applicable Defense and Supple- mentary Payments as described in SEC- TION I - COVERAGE, C. Defense and

Supplementary Payments; and

c. The expense of such appeal.

2. Audit

If this Coverage Part is subject to Audit, as in- dicated in the Declarations, then the following

Condition applies:

a. The premium shown in the Declarations

as Advance Premium is a deposit pre- mium. At the close of each audit period,

we will compute the earned premium for

that period. If:

(1) The earned premium is less than the

deposit premium, we will return the

excess to the first Named Insured; or

(2) The earned premium is greater than

the deposit premium, the difference

will be due and payable to us by the

first Named Insured upon notice from

us. The due date for audit and retro- spective premiums is the date shown

as the due date on the bill.

However, in no event will the earned

premium be less than the Minimum Pre- mium stated in the Declarations.

b. The first Named Insured must keep rec- ords of the information we need for pre- mium computation, and send us copies at

such times as we may request.

3. Bankruptcy

Bankruptcy or insolvency of the "insured" or

the "insured's" estate shall not relieve us of

any obligations under this Coverage Part.

4. Duties in the Event of Occurrence, Claim or

Suit

a. You must see to it that we and your un- derlying insurers are notified as soon as

practicable of any occurrence which may

result in a claim if the claim may involve

this Coverage Part or any "underlying in- surance". Notice should include:

(1) How, when and where the occurrence took place;

(2) The names and addresses of injured

persons and witnesses; and

(3) The nature and location of any injury

or damage arising out of the occurrence.

b. If a claim is made or suit is brought

against any "insured" that is likely to in- volve this Coverage Part or any "underlying insurance", you must notify us and

your underlying insurers as soon as

practicable.

c. You must see to it that we and your un- derlying insurers:

(1) Are assisted, upon our request, in

the enforcement of any right against

any person or organization which

may be liable to any "insured" be- cause of injury or damage to which

this insurance may apply; and

(2) Receive the "insured's" cooperation

in the investigation, settlement or

defense of the claim or suit.

d. No "insured", except at their own ex- pense, will voluntarily make a payment,

assume any obligation, or incur any ex- pense, other than first aid, without our

consent.

5. First Named Insured

The person or organization first named in the

Declarations will act on behalf of all other "in- sureds" where indicated in this Coverage

Part.

6. Liberalization

If, within 60 days prior to the beginning of this

Coverage Part or during the policy period, we

make any changes to any forms or endorse- ments of this Coverage Part for which there is

currently no separate premium charge, and

that change provides more coverage than this

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Coverage Part, the change will automatically

apply to this Coverage Part at the latter of:

a. The date we implemented the change in

your state; or

b. The date this Coverage Part became effective; and

Will be considered as included until the end of

the current policy period. We will make no

additional premium charge for this additional

coverage during the interim.

7. Loss Payments

Coverage under this Coverage Part will only

apply after you and your underlying insurers

are obligated to pay the full amount of the

"underlying insurance" limits of insurance.

When the amount of the "loss" has finally

been determined, we will promptly pay on

your behalf the amount of "loss" covered un- der the terms and conditions of this Coverage

Part after the full amount of "underlying insur- ance" has been paid.

8. Maintenance of Underlying Insurance

While this Coverage Part is in effect, you shall

maintain in full force "underlying insurance".

This means:

a. The terms, conditions and endorsements

of "underlying insurance" will not materi- ally change;

b. Renewals or replacements of "underlying

insurance" will not be more restrictive in

coverage;

c. "Underlying insurance" may not be can- celed or nonrenewed without notifying us;

and

d. Limits of "underlying insurance" will not

be reduced, except for any reduction or

exhaustion in the aggregate limits due to

payment of "loss" for injury or offense that

takes place during the corresponding

"coverage term" of this Coverage Part.

The limits of "underlying insurance" shall be

deemed applicable, regardless of any defense which the insurer who provides the "un- derlying insurance" may assert because of

the "insured's" failure to comply with any Con- dition of the policy or the inability of the insurer

to pay by reason of bankruptcy or insolvency.

Failure to comply with this condition will not

invalidate this Coverage Part, but in the event

of such failure, we will only be liable to the

same extent as if there had been compliance

with this condition.

You must see to it that we are notified

promptly if any "underlying insurance" is can- celed or not renewed.

9. Other Insurance

This insurance is excess over, and shall not

contribute with any other insurance, whether

primary, excess, contingent or on any other

basis. This condition will not apply to insur- ance specifically written as excess over this

Coverage Part.

10. Premium

The premium for this Coverage Part shall be

as stated in the Declarations. The advance

and anniversary premiums are not subject to

adjustment, except as stated in the Declarations, or as stated in an endorsement issued

by us to form a part of this Coverage Part.

You shall maintain records of such information

as is necessary for premium computation, and

shall, if requested by us, send copies of such

records to us at the end of the "coverage

term" and at such times during the policy period as we may direct.

Any change in the premium for "underlying in- surance" shall be promptly reported to us.

We may adjust the premium in accordance

with our rules and rates.

11. Representations

a. By acceptance of this Coverage Part, you

agree that the statements in the Declarations are your agreements and repre- sentations, that this Coverage Part is is- sued in reliance upon the truth of such

representations and that this Coverage

Part embodies all agreements existing

between you and us or any of our agents

relating to this insurance.

b. However, to the extent that the following

applies in the "underlying insurance", it

will also apply to this Coverage Part:

Based on our dependence upon your

representations as to existing hazards, if

unintentionally you should fail to disclose

all such hazards at the inception date of

this Coverage Part, we will not reject cov- erage under this Coverage Part based

solely on such failure.

12. Transfer of Rights of Recovery Against

Others to Us

a. If the "insured" has rights to recover all or

part of any payment we have made un- der this Coverage Part, those rights are

transferred to us. The "insured" must do

nothing after loss to impair them. At our

request, the "insured" will bring suit or

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transfer those rights to us and help us

enforce them.

b. Any recoveries shall be applied as follows:

(1) First, we will reimburse anyone, in- cluding the "insured", the amounts

actually paid by them that were in

excess of our payments;

(2) Next, we will be reimbursed to the

extent of our actual payment; and

(3) Lastly, any amounts left after meeting the obligations outlined in (1) and

(2) above will be distributed to any- one else known to us at the time a

recovery is made and who is legally

entitled to such recovery.

Expenses incurred in the recovery shall

be apportioned among all interests in the

ratio of their respective recoveries as fi- nally settled. If there is no recovery as a

result of our attempts, we shall bear all of

the recovery expenses.

c. If prior to injury or damage taking place to

which this Coverage Part would apply,

you and the issuer of your applicable

"underlying insurance" waive any right of

recovery against a person or organization

for injury or damage, we will also waive

any rights we may have against such

person or organization.

13. When We Do Not Renew

If we decide not to renew this Coverage Part,

we will mail or deliver to the first Named In- sured shown in the Declarations written notice

of the nonrenewal not less than 30 days before the expiration date.

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

SECTION IV - DEFINITIONS

1. "Authorized representative" means:

a. If you are:

(1) An individual, you and your spouse

are "authorized representatives".

(2) A partnership or joint venture, your

members, your partners, and their

spouses are "authorized representatives".

(3) A limited liability company, your

members and your managers are

"authorized representatives".

(4) An organization other than a part- nership, joint venture or limited liability company, your executive officers

and directors are "authorized repre- sentatives". Provided you are not a

publicly traded organization, your

stockholders are also "authorized

representatives".

(5) A trust, your trustees are "authorized

representatives".

b. Your employees assigned to manage

your insurance program, or assigned to

give or receive notice of an occurrence,

offense, claim or suit are also "authorized

representatives".

2. "Coverage term" means the following individ- ual increment, or if a multi-year policy period,

increments, of time, which comprise the policy

period of this Coverage Part:

a. The year commencing on the Effective

Date of this Coverage Part at 12:01 AM

standard time at your mailing address

shown in the Declarations, and if a multiyear policy period, each consecutive an- nual period thereafter, or portion thereof if

any period is for a period of less than 12

months, constitute individual "coverage

terms". The last "coverage term" ends at

12:00 AM standard time at your mailing

address shown in the Declarations on the

earlier of:

(1) The day the policy period shown in

the Declarations ends; or

(2) The day the policy to which this Cov- erage Part is attached is terminated

or cancelled.

b. However, if after the issuance of this

Coverage Part, any "coverage term" is

extended for an additional period of less

than 12 months, that additional period of

time will be deemed to be part of the last

preceding "coverage term".

3. "Electronic data" means information, facts or

programs stored as or on, created or used on,

or transmitted to or from computer software,

including systems and applications software,

hard or floppy disks, CD-ROMS, tapes, drives,

cells, data processing devices or any other

media which are used with electronically controlled equipment.

4. "Hostile fire" means one that becomes un- controllable or breaks out from where it was

intended to be.

5. "Insured" means the Named Insured shown in

the Declarations and any person or organization qualifying as such in the "underlying in- surance".

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6. "Loss" means those sums paid as damages

in the settlement or satisfaction of a claim to

which this insurance applies for which the "in- sured" is legally liable, after making deductions for all recoveries, salvages and other in- surance, whether collectible or not, other than

the "underlying insurance" and excess insur- ance written specifically to be excess over this

insurance. "Loss" does not include investigation, adjustment, defense or appeal costs and

expenses, even though "underlying insur- ance" may provide insurance for such costs

and expenses.

7. "Pollutants" mean any solid, liquid, gaseous,

or thermal irritant or contaminant, including

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

chemicals, petroleum, petroleum products

and petroleum by-products, and waste.

Waste includes materials to be recycled, re- conditioned or reclaimed. Pollutants include,

but are not limited to, substances which are

generally recognized in industry or govern- ment to be harmful or toxic to persons, prop- erty or the environment regardless of whether

the injury or damage is caused directly or indirectly by the "pollutants" and whether:

a. The insured is regularly or otherwise en- gaged in activities which taint or degrade

the environment; or

b. The insured uses, generates or produces

the "pollutant".

8. "Underlying insurance" means the policy(ies)

and limits of insurance shown in the Schedule

of Underlying Insurance, including any re- newal or replacement of such policy(ies),

which provide the layer of coverage, whether

primary or excess, immediately preceding the

layer of coverage provided by this Coverage

Part.

CIC0187

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Includes copyrighted material of Insurance

XS 101 UM 12 04 Services Office, Inc. with its permission. Page 11 of 12

NUCLEAR ENERGY LIABILITY EXCLUSION ENDORSEMENT

This endorsement modifies insurance provided under the following:

EXCESS LIABILITY COVERAGE PART

A. SECTION I - COVERAGE, B. Exclusions is

modified to add the following:

This insurance does not apply to:

1. Any liability:

a. With respect to which an "insured"

under the Coverage Part is also an

insured under a nuclear energy li- ability policy issued by Nuclear En- ergy Liability Insurance Association,

Mutual Atomic Energy Liability Un- derwriters or Nuclear Insurance As- sociation of Canada, or any of their

successors, or would be an insured

under any such policy but for its ter- mination upon exhaustion of its limit

of liability; or

b. Resulting from the "hazardous prop- erties" of "nuclear material" and with

respect to which (1) any person or

organization is required to maintain

financial protection pursuant to the

Atomic Energy Act of 1954, or any

law amendatory thereof, or (2) the

"insured" is, or had this Coverage

Part not been issued would be, entitled to indemnity from the United

States of America, or any agency

thereof, under any agreement entered into by the United States of

America, or any agency thereof, with

any person or organization.

2. Any liability resulting from the "hazardous

properties" of "nuclear material", if

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

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

or (2) has been discharged or dis- persed therefrom,

b. The "nuclear material" is contained in

"spent fuel" or "waste" at any time

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

c. The injury or damage arises out of

the furnishing by an "insured" of

services, materials, parts or equip- ment 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 c. applies only to property

damage to such "nuclear facility" and

any property thereat.

B. SECTION IV - DEFINITIONS is hereby modified to add the following definitions:

1. "Hazardous properties" include radioactive, toxic or explosive properties;

2. "Nuclear material" means "source material", "special nuclear material" or "byproduct material";

3. "Source material", "special nuclear material" and "by-product material" have the

meanings given them in the Atomic En- ergy Act of 1954 or in any law amendatory thereof;

4. "Spent fuel" means any fuel element or

fuel component, solid or liquid, which has

been used or exposed to radiation in a

"nuclear reactor";

5. "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 pri- marily for its "source material" content,

and (b) resulting from the operation by

any person or organization of any "nu- clear facility" included under the first two

paragraphs of the definition of "nuclear

facility".

6. "Nuclear facility" means:

a. Any "nuclear reactor";

b. Any equipment or device designed

or used for (1) separating the isotopes of uranium or plutonium, (2)

processing or utilizing "spent fuel",

(3) or handling, processing or pack- aging "waste";

c. Any equipment or device used for

the processing, fabricating or alloying of "special nuclear materials", if

at any time the total amount of such

material in the custody of the "in- sured" at the premises where such

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

grams of plutonium or uranium 233

CIC0188

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Includes copyrighted material of Insurance

XS 101 UM 12 04 Services Office, Inc. with its permission. Page 12 of 12

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;

7. "Nuclear reactor" means any apparatus

designed or used to sustain nuclear fis- sion in a self-supporting chain reaction or

to contain a critical mass of fissionable

material;

8. "Property damage" includes all forms of

radioactive contamination of property.

CIC0189

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XS 306 09 02

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

EMPLOYMENT - RELATED PRACTICES EXCLUSION

This endorsement modifies insurance provided under the following

EXCESS LIABILITY COVERAGE PART

CLAIMS-MADE EXCESS LIABILITY COVERAGE PART

SECTION I - COVERAGE, B. Exclusions is modified to add the following:

This insurance does not apply to any liability to:

a. A person arising out of any:

(1) Refusal to employ that person;

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

(3) Other employment-related practices, policies, acts or omissions including but not limited to coercion,

criticism, demotion, evaluation, failure to promote, reassignment, discipline, defamation, harassment,

humiliation or discrimination directed at that person; or

b. The spouse, child, parent, brother or sister of that person as a consequence of any of the employmentrelated practices described in Paragraphs (1), (2), or (3) above directed at that person.

This exclusion applies:

a. Whether the insured may be liable as an employer or in any other capacity; and

b. To any obligation to share damages with or repay someone else who must pay damages because of the

injury.

CIC0190

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Includes copyrighted material of Insurance

XS 345 05 14 Services Office, Inc., with its permission.

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION - ACCESS OR DISCLOSURE OF CONFIDENTIAL

OR PERSONAL INFORMATION

This endorsement modifies insurance provided under the following:

CLAIMS-MADE EXCESS LIABILITY COVERAGE PART

EXCESS LIABILITY COVERAGE PART

SECTION I - COVERAGE, B. Exclusions is modified to add the following:

This insurance does not apply to:

Access or Disclosure of Confidential or Personal Information

Any liability 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.

CIC0191

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Includes copyrighted material of Insurance

XS 431 IL 09 02 Services Office, Inc., with its permission.

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

ILLINOIS CHANGES - KNOWN INJURY OR DAMAGE

This endorsement modifies insurance provided under the following:

EXCESS LIABILITY COVERAGE FORM

Paragraph 4. of SECTION I - COVERAGE, A. Insuring Agreement is deleted in its entirety and

replaced by the following:

4. You will be deemed to know that injury or offense has taken place at the earliest time

when any "authorized representative":

a. Reports all, or any part of the injury or

offense to us or any other insurer;

b. Receives a written or verbal demand or

claim for damages because of the injury

or offense;

c. First observes the injury or offense;

d. Becomes aware by any means, other

than as described in c. above, that injury

or offense has taken place or begun to

take place; or

e. Becomes aware of a condition from which

injury or offense is substantially certain to

take place.

CIC0192

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THIS COVERAGE PART PROVIDES CLAIMS-MADE COVERAGE, WHICH APPLIES 

ONLY TO "CLAIMS" FIRST MADE DURING THE "POLICY PERIOD" OR ANY 

APPLICABLE EXTENDED REPORTING PERIOD. THE LIMIT OF INSURANCE TO PAY 

DAMAGES OR SETTLEMENTS WILL BE REDUCED AND MAY BE EXHAUSTED BY

"DEFENSE COSTS", AND "DEFENSE COSTS" WILL BE APPLIED AGAINST THE

DEDUCTIBLE. IN NO EVENT WILL WE BE LIABLE FOR "DEFENSE COSTS" OR THE 

AMOUNT OF ANY JUDGMENT OR SETTLEMENT IN EXCESS OF THE LIMIT OF

INSURANCE. READ THE ENTIRE POLICY CAREFULLY.

Attached to and forming part of POLICY NUMBER: Effective Date

A Stock Insurance Company

CINCINNATI DATA DEFENDERTM COVERAGE PART

DECLARATIONS

THE CINCINNATI INSURANCE COMPANY

ETD 051 52 30 12-12-2018

Named Insured is the same as it appears in the Common Policy Declarations unless another entry is made 

here. 

Retroactive Date:

Limits of Insurance and Deductible

Insuring Agreement

Annual

Aggregate Sublimit Deductible

A Response Expenses $ $

Forensic IT Review $

Legal Review $

PR Services $

B Defense and Liability $ $

Regulatory Fines and

Penalties

$

PCI Fines and

Penalties

$

C Identity Recovery $ $

Lost Wages and

Child and Elder Care

$

Mental Health

Counseling

$

Miscellaneous

Unnamed Costs

$

TOTAL ANNUAL PREMIUM $

12-12-2018

50,000 1,000

25,000

25,000

25,000

50,000 1,000

25,000

25,000

25,000 250

5,000

1,000

1,000

143

mi

me

Per um

O nta ded R ng

Pre

ti - :me ten

iod

O l Supple l Ex epor

- plerm:

l Sup t

Period Te

ptiona ntal Extended Repor ing ptiona

1 YEAR 28

2 YEAR 56

3 YEAR 74

4 YEAR 93

5 YEAR 102

6 YEAR 111

FORMS AND/OR ENDORSEMENTS APPLICABLE TO THIS COVERAGE PART:

HC102 01/18 CINCINNATI DATA DEFENDERTM COVERAGE FORM

HC460IL 01/18 ILLINOIS CHANGES - CINCINNATI DATA DEFENDERTM COVERAGE PART

HC 502 01 18 Page of

ETD 051 52 30

 1 2

CIC0193

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HC 502 01 18 Page of

ETD 051 52 30

 2 2

CIC0194

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Includes copyrighted material of Insurance

HC 102 01 18 Services Office, Inc. with its permission. Page 1 of 17

CINCINNATI DATA DEFENDERTM COVERAGE FORM

TABLE OF CONTENTS

Coverage Part Provision: Begins on Page:

Preamble.......................................................................................................................................................3

SECTION I - COVERAGES...........................................................................................................................3

A. Insuring Agreements............................................................................................................................3

1. Insuring Agreement A - Response Expenses ............................................................................3

2. Insuring Agreement B - Defense and Liability...........................................................................5

3. Insuring Agreement C - Identity Recovery .................................................................................5

B. Exclusions ............................................................................................................................................5

1. Applicable to Insuring Agreements A and B...................................................................................5

a. Contractual Liability ..............................................................................................................5

b. Criminal Investigations or Proceedings..............................................................................5

c. Deficiency Correction............................................................................................................5

d. Extortion.................................................................................................................................6

e. Fraudulent, Dishonest or Criminal Acts..............................................................................6

f. Non-monetary Relief..............................................................................................................6

g. Previously Reported Data Compromises............................................................................6

h. Prior Data Compromises.......................................................................................................6

i. Prior or Pending Litigation ...................................................................................................6

j. Reckless Disregard ...............................................................................................................6

k. Uninsurable............................................................................................................................6

l. Willful Complicity...................................................................................................................6

2. Applicable to Insuring Agreement C................................................................................................6

a. Fraudulent, Dishonest or Criminal Acts..............................................................................6

b. Professional or Business Identity........................................................................................6

c. Unreported Identity Theft......................................................................................................6

3. Applicable to Insuring Agreements A, B and C...............................................................................6

a. Nuclear....................................................................................................................................6

b. War..........................................................................................................................................6

SECTION II - LIMITS OF INSURANCE AND DEDUCTIBLE .......................................................................7

SECTION III - DEFENSE AND SETTLEMENT.............................................................................................8

SECTION IV - CONDITIONS ........................................................................................................................8

1. Bankruptcy ....................................................................................................................................8

2. Due Diligence ................................................................................................................................8

3. Duties in the Event of a Claim, Regulatory Proceeding or Loss..............................................9

4. Help Line......................................................................................................................................10

5. Legal Action Against Us.............................................................................................................10

6. Legal Advice................................................................................................................................10

7. Liberalization...............................................................................................................................10

8. Office of Foreign Assets Control (OFAC) Compliance............................................................11

9. Other Insurance...........................................................................................................................11

10. Pre-Notification Consultation ....................................................................................................11

11. Representations..........................................................................................................................11

12. Separation of Insureds...............................................................................................................11

13. Service Providers........................................................................................................................11

14. Services .......................................................................................................................................11

15. Subrogation.................................................................................................................................12

16. Valuation - Settlement ................................................................................................................12

17. When We Do Not Renew ............................................................................................................12

CIC0195

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Includes copyrighted material of Insurance

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TABLE OF CONTENTS (CONT'D)

Coverage Part Provision: Begins on Page:

SECTION V - EXTENDED REPORTING PERIODS...................................................................................12

SECTION VI - DEFINITIONS......................................................................................................................13

1. "Affected individual".......................................................................................................................13

2. "Authorized representative"...........................................................................................................13

3. "Claim"..........................................................................................................................................13

4. "Coverage term"............................................................................................................................13

5. "Coverage territory".......................................................................................................................14

6. "Data compromise liability"............................................................................................................14

7. "Defense costs".............................................................................................................................14

8. "Employee"....................................................................................................................................14

9. "Executive"....................................................................................................................................15

10. "Identity recovery case manager"..................................................................................................15

11. "Identity recovery expenses".........................................................................................................15

12. "Identity recovery insured".............................................................................................................16

13. "Identity theft"................................................................................................................................16

14. "Insured"........................................................................................................................................16

15. "Loss"............................................................................................................................................16

16. "Named insured"...........................................................................................................................16

17. "Personal data compromise".........................................................................................................16

18. "Personally identifying information"...............................................................................................17

19. "Personally sensitive information".................................................................................................17

20. "Policy period"...............................................................................................................................17

21. "Regulatory proceeding"................................................................................................................17

CIC0196

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Includes copyrighted material of Insurance

HC 102 01 18 Services Office, Inc. with its permission. Page 3 of 17

CINCINNATI DATA DEFENDERTM COVERAGE FORM

THIS COVERAGE PART PROVIDES CLAIMS-MADE COVERAGE, WHICH APPLIES ONLY TO "CLAIMS" FIRST MADE DURING THE "POLICY PERIOD" OR ANY APPLICABLE EXTENDED REPORTING PERIOD. 

THE LIMIT OF INSURANCE TO PAY DAMAGES OR SETTLEMENTS WILL BE REDUCED AND MAY BE 

EXHAUSTED BY "DEFENSE COSTS", AND "DEFENSE COSTS" WILL BE APPLIED AGAINST THE DEDUCTIBLE. IN NO EVENT WILL WE BE LIABLE FOR "DEFENSE COSTS" OR THE AMOUNT OF ANY 

JUDGMENT OR SETTLEMENT IN EXCESS OF THE LIMIT OF INSURANCE. READ THE ENTIRE POLICY

CAREFULLY.

Various provisions in this Coverage Part restrict 

coverage. Read the entire Coverage Part carefully 

to determine rights, duties and what is and is not 

covered. Throughout this Coverage Part the words "you" and

"your" refer to the "named insured" shown in the 

Declarations. The words "we", "us" and "our" refer 

to the company providing this insurance. Other words and phrases that appear in quotation

marks have special meaning. Refer to Section VI - Definitions. SECTION I - COVERAGES

A. Insuring Agreements

Coverage is provided under the following Insuring Agreements for which an Aggregate 

Limit of Insurance is shown in the Declarations:

1. Insuring Agreement A - Response Expenses

a. Coverage under Insuring Agreement 

A - Response Expenses applies only 

if all of the following conditions are

met:

(1) There has been a "personal data 

compromise"; and

(2) Such "personal data compromise" is first discovered by you 

during the "coverage term"; and

(3) Such "personal data compromise" took place in the "coverage territory"; and

(4) Such "personal data compromise" is reported to us within 60 

days after the date it is first discovered by you.

b. If the conditions listed in a. above

have been met, then we will provide 

coverage for the following expenses

when they arise directly from the "personal data compromise" described in a. above and are necessary and reasonable. Coverages (4)

and (5) apply only if there has been a 

notification of the "personal data

compromise" to "affected individuals" as covered under coverage (3).

(1) Forensic IT Review

Professional information technologies review if needed to determine, within the constraints of

what is possible and reasonable, 

the nature and extent of the

"personal data compromise" and

the number and identities of the

"affected individuals". This does not include costs to

analyze, research or determine

any of the following:

(a) Vulnerabilities in systems,

procedures or physical security;

(b) Compliance with PCI or other industry security standards; or

(c) The nature or extent of loss

or damage to data that is

not "personally identifying information" or "personally 

sensitive information".

If there is reasonable cause to

suspect that a covered "personal 

data compromise" may have occurred, we will pay for costs covered under Forensic IT Review, 

even if it is eventually determined that there was no covered

"personal data compromise". However, once it is determined

that there was no covered "personal data compromise", we will 

not pay for any further costs.

(2) Legal Review

Professional legal counsel review of the "personal data compromise" and how you should

best respond to it. If there is reasonable cause to suspect that a

covered "personal data compromise" may have occurred, we

will pay for costs covered under 

CIC0197

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Includes copyrighted material of Insurance

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Legal Review, even if it is eventually determined that there was 

no covered "personal data compromise". However, once it is determined that there was no covered "personal data compromise", we will not pay for any further costs.

(3) Notification to Affected Individuals

We will pay your necessary and

reasonable costs to provide notification of the "personal data 

compromise" to "affected individuals".

(4) Services to Affected Individuals

We will pay your necessary and

reasonable costs to provide the

following services to "affected 

individuals":

(a) The following services apply 

to any "personal data compromise". 1) Informational Materials

A packet of loss prevention and customer 

support information.

2) Help Line

A toll-free telephone

line for "affected individuals" with questions

about the "personal data compromise". Where 

applicable, the line can 

also be used to request 

additional services as 

listed in (b)1) and 2)

below.

Note, calls by "affected 

individuals" or their representatives to the Help 

Line do not constitute 

the making of a "claim" under Insuring Agreement B - Defense and

Liability.

(b) The following additional services apply to "personal data compromise" events involving "personally identifying information". 1) Credit Report and 

Monitoring

A credit report and an 

electronic service automatically monitoring 

for activities affecting

an individual's credit 

records. This service is 

subject to the "affected 

individual" enrolling for

this service with the 

designated service provider.

2) Identity Restoration

Case Management

As respects any "affected individual" who is

or appears to be a victim of "identity theft"

that may reasonably

have arisen from the "personal data compromise", the services

of an identity restoration

professional who will 

assist that "affected individual" through the

process of correcting 

credit and other records

and, within the constraints of what is possible and reasonable, 

restoring control over 

his or her personal 

identity.

(5) PR Services

We will pay the necessary and

reasonable fees and expenses

you incur, with our prior written

consent, for a professional public

relations firm review of and response to the potential impact of

the "personal data compromise" on your business relationships. We will only pay for such fees

and expenses when such a public relations firm review and response is reasonably necessary

to avert or mitigate material 

damage to your business relationships from the "personal data

compromise". Such fees and expenses include

costs to implement public relations recommendations of such

public relations firm. However, 

when such recommendations include advertising and special 

promotions designed to retain

your relationship with "affected 

individuals", we will not pay for 

promotions:

CIC0198

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Includes copyrighted material of Insurance

HC 102 01 18 Services Office, Inc. with its permission. Page 5 of 17

(a) Provided to any of your "executives" or "employees"; or

(b) Costing more than $25 per "affected individual". 2. Insuring Agreement B - Defense and

Liability

a. Coverage under Insuring Agreement 

B - Defense and Liability applies only

if all of the following conditions are 

met:

(1) During the "coverage term" or 

any applicable Extended Reporting Period, you first receive notice of a "claim" or "regulatory 

proceeding" which arises from a "personal data compromise"

that:

(a) Took place on or after the

Retroactive Date shown in

the Declarations and before

the end of the "policy period";

(b) Took place in the "coverage 

territory"; and

(c) Was submitted to us and 

covered under Insuring

Agreement A - Response 

Expenses; and

(2) Such "claim" or "regulatory proceeding" is reported to us as 

soon as practicable, but in no

event more than 60 days after 

the date it is first received by 

you.

b. If the conditions listed in a.

above have been met, then we

will pay on behalf of the "insured"

"defense costs" and "data compromise liability" directly arising 

from the "claim" or "regulatory 

proceeding". c. All "claims" or "regulatory proceedings" caused by a single "personal 

data compromise" will be deemed to 

have been made at the time that notice of the first of those "claims" or "regulatory proceedings" is received

by you.

3. Insuring Agreement C - Identity Recovery

a. Coverage under Insuring Agreement 

C - Identity Recovery applies only if

all of the following conditions are met:

(1) There has been an "identity

theft" involving the personal

identity of an "identity recovery 

insured" under this Coverage 

Part; and

(2) Such "identity theft" is first discovered by the "identity recovery

insured" during the "coverage 

term"; and

(3) Such "identity theft" took place in 

the "coverage territory"; and

(4) Such "identity theft" is reported 

to us within 60 days after it is

first discovered by the "identity

recovery insured". b. If the conditions listed in a. above

have been met, then we will provide 

the following to the "identity recovery

insured":

(1) Services of an "identity recovery 

case manager" as needed to respond to the "identity theft"; and

(2) Reimbursement of necessary 

and reasonable "identity recovery expenses" incurred as a direct result of the "identity theft". B. Exclusions

1. Applicable to Insuring Agreements A and

B only:

This insurance does not apply to "loss" or "claims" based upon, attributable to or 

arising out of:

a. Contractual Liability

An "insured's" assumption of liability 

by contract or agreement, whether 

oral or written. However, this exclusion shall not apply to:

(1) Any liability that an "insured" would have incurred in the absence of such contract or 

agreement; or

(2) Any PCI fines or penalties explicitly covered under Insuring

Agreement B – Defense and Liability.

b. Criminal Investigations or Proceedings

Any criminal investigations or proceedings.

c. Deficiency Correction

Costs to research or correct any deficiency. This includes, but is not limited to, any deficiency in your sysCIC0199

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Includes copyrighted material of Insurance

HC 102 01 18 Services Office, Inc. with its permission. Page 6 of 17

tems, procedures or physical security 

that may have contributed to a "personal data compromise". d. Extortion

Any extortion or blackmail. This includes, but is not limited to, ransom 

payments and private security assistance. e. Fraudulent, Dishonest or Criminal 

Acts

Any criminal, fraudulent or dishonest 

act, error or omission, or any intentional or knowing violation of the law

by the "insured".

f. Non-monetary Relief

That part of any "claim" seeking any

non-monetary relief. g. Previously Reported Data Compromises

The same facts alleged or contained 

in any "claim" which has been reported, or in any circumstances of which

notice has been given, under any insurance policy of which this Coverage Part is a renewal or replacement. h. Prior Data Compromises

Any "personal data compromise" first

occurring before the Retroactive Date 

shown in the Declarations, or any "claim" arising from a "personal data 

compromise" that first occurred prior 

to the Retroactive Date shown in the 

Declarations.

i. Prior or Pending Litigation

Any "claim" or other proceeding

against an "insured" which was pending or existed prior to the "coverage 

term", or arising out of the same or

substantially the same facts, circumstances or allegations which are the 

subject of, or the basis for, such "claim" or other proceeding.

j. Reckless Disregard

Your reckless disregard for the security of "personally identifying information" or "personally sensitive information" in your care, custody or

control.

k. Uninsurable

Any amount not insurable under applicable law.

l. Willful Complicity

The "insured's" intentional or willful 

complicity in a "personal data compromise". 2. Applicable to Insuring Agreement C only:

This insurance does not apply to:

a. Fraudulent, Dishonest or Criminal 

Acts

Any fraudulent, dishonest or criminal 

act by an "identity recovery insured" or any person aiding or abetting an "identity recovery insured", or by any "authorized representative" of an "identity recovery insured", whether 

acting alone or in collusion with others. However, this exclusion shall not 

apply to the interests of an "identity

recovery insured" who has no

knowledge of or involvement in such 

fraud, dishonesty or criminal act.

b. Professional or Business Identity

The theft of a professional or business identity.

c. Unreported Identity Theft

An "identity theft" that is not reported

in writing to the police.

3. Applicable to Insuring Agreements A, B

and C:

This insurance does not apply to "loss" or "claims" based upon, attributable to or 

arising out of:

a. Nuclear

Nuclear reaction or radiation or radioactive contamination, however 

caused. b. War

(1) War, including undeclared or civil war or civil unrest;

(2) Warlike action by military force, 

including action hindering or defending against an actual or expected attack, by any government, sovereign or other authority using military personnel or 

other agents; or

(3) Insurrection, rebellion, revolution, usurped power, or action 

taken by government authority in

hindering or defending against 

any of these.

CIC0200

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SECTION II - LIMITS OF INSURANCE AND DEDUCTIBLE

A. Insuring Agreement A - Response Expenses:

1. The most we will pay under Insuring 

Agreement A - Response Expenses is the 

Response Expenses Limit of Insurance 

stated in the Declarations. 2. The Response Expenses Limit of Insurance is an annual aggregate limit. This

amount is the most we will pay for the total of all "loss" covered under Insuring 

Agreement A - Response Expenses arising out of all "personal data compromise" events which are first discovered by you 

during the "coverage term". This limit applies regardless of the number of "personal data compromise" events discovered by you during that period. 3. A "personal data compromise" may be 

first discovered by you in one "coverage 

term" but cause covered "loss" in one or 

more subsequent "coverage terms". If so, all covered "loss" arising from such "personal data compromise" will be subject to

the Response Expenses Limit of Insurance applicable to the "coverage term" when the "personal data compromise" was first discovered by you.

4. The most we will pay under Insuring 

Agreement A - Response Expenses for 

Forensic IT Review, Legal Review and PR 

Services coverages for "loss" arising from

any one "personal data compromise" is

the applicable sublimit for each of those 

coverages stated in the Declarations. These sublimits are part of, and not in addition to, the Aggregate Limit of Insurance 

referenced in Paragraph 2. PR Services

coverage is also subject to a limit per "affected individual" as described in Section 

I., A.1.b.(5) PR Services. 5. Coverage for Services to "affected individuals" is limited to costs to provide such 

services for a period of up to one year 

from the date of the notification to the "affected individuals" or the period required 

by law, whichever is longer. Notwithstanding the foregoing, coverage for Identity

Restoration Case Management services

initiated within such period may continue 

for a period of up to one year from the 

date such Identity Restoration Case Management services are initiated.

6. Response Expenses coverage is subject 

to the Response Expenses Deductible 

stated in the Declarations. You shall be 

responsible for such deductible amount 

as respects each "personal data compromise" covered under this Coverage 

Part. We may, at our option, pay any part

or all of the deductible amount in order to 

respond effectively to a "personal data 

compromise" and, upon notification of the

action taken, you shall promptly reimburse 

us for such part of the deductible amount 

as has been paid by us. B. Insuring Agreement B - Defense and Liability:

1. The most we will pay under Insuring 

Agreement B - Defense and Liability (other than post-judgment interest) is the Limit 

of Insurance stated in the Declarations. 2. The Insuring Agreement B - Defense and 

Liability Limit of Insurance is an annual 

aggregate limit. This amount is the most 

we will pay for all "loss" covered under Insuring Agreement B - Defense and Liability (other than post-judgment interest)

arising out of all "claims". 3. The most we will pay under Insuring 

Agreement B – Defense and Liability for "data compromise liability" and "defense 

costs" related to Regulatory Fines and

Penalties and PCI Fines and Penalties

coverages arising from any one "claim" or "regulatory proceeding" is the applicable 

sublimit for each of those coverages stated in the Declarations. These sublimits

are part of, and not in addition to, the

Aggregate Limit of Insurance referenced 

in Paragraph 2.

4. The Defense and Liability Limit of Insurance for the Extended Reporting Periods

(if applicable) shall be part of, and not in 

addition to, the Defense and Liability Limit 

for the immediately preceding "coverage 

term". 5. The Insuring Agreement B - Defense and 

Liability coverage is subject to the Deductible stated in the Declarations. You shall 

be responsible for such deductible 

amount as respects each "claim" or "regulatory proceeding" covered under this

Coverage Part. We may, at our option, 

pay any part or all of the deductible 

amount to defend or effect settlement of 

any "claim", "loss" or "regulatory proceeding" and, upon notification of the action

taken, you shall promptly reimburse us for 

such part of the deductible amount as has

been paid by us. C. Insuring Agreement C - Identity Recovery:

1. Case Management Service is available as

needed for any one "identity theft" for up 

to 12 consecutive months from the inception of the service. Expenses we incur to 

provide Case Management Service do not 

reduce the Limit of Insurance available for "identity recovery expenses".

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2. Coverage under Insuring Agreement C -

Identity Recovery is subject to the Annual 

Aggregate Limit of Insurance stated in the 

Declarations per "identity recovery insured". Regardless of the number of "identity theft" incidents, this limit is the

most we will pay for the total of all "loss" arising out of all "identity thefts" suffered 

by one "identity recovery insured" which 

are first discovered by the "identity recovery insured" during the "coverage term". If

an "identity theft" is first discovered in one "coverage term" and continues into other "coverage terms", all "loss" arising from 

such "identity theft" will be subject to the

aggregate Limit of Insurance applicable to

the "coverage term" when the "identity

theft" was first discovered.

3. Legal costs as provided under Item d. of

the definition of "identity recovery expenses" are part of, and not in addition to, the 

aggregate limit described in Paragraph 2.

4. Item e. (Lost Wages) and Item f. (Child 

and Elder Care Expenses) of the definition of "identity recovery expenses" are

jointly subject to the sublimit stated in the

Declarations. This sublimit is part of, and 

not in addition to, the aggregate Limit of 

Insurance described in Paragraph 2. Coverage is limited to wages lost and expenses incurred within 12 months after 

the first discovery of the "identity theft" by 

the "identity recovery insured". 5. Item g. (Mental Health Counseling) of the

definition of "identity recovery expenses"

is subject to the sublimit stated in the 

Declarations. This sublimit is part of, and 

not in addition to, the aggregate limit described in Paragraph 2. Coverage is limited to counseling that takes place within 

12 months after the first discovery of the "identity theft" by the "identity recovery insured". 6. Item h. (Miscellaneous Unnamed Costs)

of the definition of "identity recovery expenses" is subject to the sublimit stated in 

the Declarations. This sublimit is part of, and not in addition to, the aggregate Limit 

of Insurance described in Paragraph 2.

Coverage is limited to costs incurred within 12 months after the first discovery of 

the "identity theft" by the "identity recovery 

insured". 7. Coverage under Insuring Agreement C -

Identity Recovery is subject to the Identity

Recovery Deductible stated in the Declarations. Each "identity recovery insured" shall be responsible for such deductible 

amount only once during each "coverage 

term". This deductible applies only to

"identity recovery expenses".

The Limits of Insurance apply separately to each

"coverage term". SECTION III - DEFENSE AND SETTLEMENT

The provisions contained within this Section apply 

only to Insuring Agreement B - Defense and Liability.

1. We will have the right and duty to select counsel and defend the "insured" against any "claim" or "regulatory proceeding" covered by 

Insuring Agreement B - Defense and Liability, regardless of whether the allegations of such "claim" or "regulatory proceeding" are groundless, false or fraudulent. However, we shall 

have no duty to defend the "insured" against 

any "claim" or "regulatory proceeding" seeking 

damages or other relief not insured by Insuring 

Agreement B - Defense and Liability. 2. We may, with your written consent, make any

settlement of a "claim" or "regulatory proceeding" which we deem reasonable. If you withhold consent to such settlement, our liability for

all "loss" resulting from such "claim" will not

exceed the amount for which we could have 

settled such "claim" or "regulatory proceeding" plus "defense costs" incurred as of the date

we proposed such settlement in writing to you.

3. We shall not be obligated to pay any "loss", or 

to defend or continue to defend any "claim" or "regulatory proceeding", after the Insuring

Agreement B - Defense and Liability Limit of

Insurance has been exhausted.

4. We shall pay all interest on that amount of any

judgment within the Insuring Agreement B - Defense and Liability Limit of Insurance which 

accrues:

a. After entry of judgment; and

b. Before we pay, offer to pay or deposit in 

court that part of the judgment within the 

Insuring Agreement B - Defense and Liability Limit of Insurance or, in any case, 

before we pay or offer to pay the entire Insuring Agreement B - Defense and Liability Limit of Insurance. These interest payments shall be in addition to 

and not part of the Defense and Liability Limit.

SECTION IV – CONDITIONS

1. Bankruptcy 

Your bankruptcy, or the bankruptcy of your estate if you are a sole proprietor, will not relieve 

us of our obligations under this Coverage Part.

2. Due Diligence

You agree to use due diligence to prevent and 

mitigate "loss" covered under this Coverage

Part. This includes, but is not limited to, complying with, and requiring your vendors to 

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comply with, reasonable and industry- accepted protocols for:

a. Providing and maintaining appropriate 

physical security for your premises, computer systems and hard copy files;

b. Providing and maintaining appropriate 

computer and Internet security;

c. Maintaining and updating at appropriate 

intervals backups of computer data;

d. Protecting transactions, such as processing credit card, debit card and check

payments; and

e. Appropriate disposal of files containing "personally identifying information" or "personally sensitive information", including shredding hard copy files and destroying physical media used to store electronic data.

3. Duties in the Event of a Claim, Regulatory 

Proceeding or Loss

a. If, during the "coverage term", the "insured" first becomes aware of any circumstance that could reasonably be expected to give rise to a "claim" or "regulatory proceeding", the "insured" may give 

written notice to us. The notice must be 

made as soon as practicable, but in no

event more than 60 days after the date 

the circumstance is first discovered by the

"insured", must be made during the "coverage term" and must include:

(1) The specific details, including the 

date, of the circumstance;

(2) The alleged injuries or damage sustained or which may be sustained;

(3) The names of potential claimants; 

and

(4) The manner in which the "insured"

first became aware of the circumstance. Any subsequent "claim" or "regulatory 

proceeding" arising out of any circumstance which is the subject of such a written notice will be deemed to have been 

made at the time written notice in compliance with these requirements was first received by us. b. If a "claim" or "regulatory proceeding" is

brought against any "insured", you must:

(1) Immediately record the specifics of

the "claim" or "regulatory proceeding" and the date received; and

(2) Provide us with written notice, as

soon as practicable, but in no event 

more than 60 days after the date the "claim" or "regulatory proceeding" is

first received by you.

(3) Immediately send us copies of any 

demands, notices, summonses or legal papers received in connection 

with the "claim" or "regulatory proceeding";

(4) Authorize us to obtain records and 

other information;

(5) Cooperate with us in the investigation, settlement or defense of the "claim" or "regulatory proceeding";

(6) Assist us, upon our request, in the 

enforcement of any right against any 

person or organization which may be 

liable to you because of "loss" or "defense costs" to which this insurance 

may also apply; and

(7) Not take any action, or fail to take any 

required action, that prejudices your 

rights or our rights with respect to 

such "claim" or "regulatory proceeding". c. In the event of a "personal data compromise" covered under Insuring Agreement 

A - Response Expenses, you must see 

that the following are done:

(1) Notify the police if a law may have 

been broken.

(2) Notify us as soon as practicable, but

in no event more than 60 days after 

the "personal data compromise". Include a description of any property 

involved.

(3) As soon as possible, give us a description of how, when and where the "personal data compromise" occurred.

(4) As often as may be reasonably required, permit us to:

(a) Inspect the property proving the

"personal data compromise";

(b) Examine your books, records, electronic media and records

and hardware;

(c) Take samples of damaged and

undamaged property for inspection, testing and analysis; and

(d) Make copies from your books, records, electronic media and

records and hardware.

(5) Send us signed, sworn proof of loss

containing the information we request 

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to investigate the "personal data

compromise". You must do this within 

60 days after our request. We will 

supply you with the necessary forms.

(6) Cooperate with us in the investigation 

of the "personal data compromise" or 

settlement of the "loss".

(7) If you intend to continue your business, you must resume all or part of

your operations as quickly as possible.

(8) Make no statement that will assume 

any obligation or admit any liability, 

for any loss for which we may be liable, without our prior written consent.

(9) Promptly send us any legal papers or 

notices received concerning the "personal data compromise" or "loss". d. We may examine any "insured" under 

oath, while not in the presence of any other "insured" and at such times as may be 

reasonably required, about any matter relating to this insurance or the "claim" or "loss", including an "insured's" books and 

records. In the event of an examination, 

an "insured's" answers must be signed.

e. No "insured" may, except at their own

cost, voluntarily make a payment, assume

any obligation, or incur any expense without our prior written consent.

4. Help Line

For assistance, the "identity recovery insured" should call the Identity Recovery Help Line

at 1-866-219-9831. The Identity Recovery 

Help Line can provide the "identity recovery 

insured" with:

a. Information and advice for how to respond 

to a possible "identity theft"; and

b. Instructions for how to submit a service 

request for Case Management Service 

and/or a claim form for Expense Reimbursement Coverage.

In some cases, we may provide Case 

Management services at our expense to 

an "identity recovery insured" prior to a

determination that a covered "identity

theft" has occurred. Our provision of such

services is not an admission of liability

under the policy. We reserve the right to 

deny further coverage or service if, after 

investigation, we determine that a covered "identity theft" has not occurred.

As respects Expense Reimbursement 

Coverage, the "identity recovery insured" must send to us, within 60 days after our 

request, receipts, bills or other records

that support his or her claim for "identity

recovery expenses". 5. Legal Action Against Us

a. No person or organization has a right:

(1) To join us as a party or otherwise 

bring us into a suit asking for damages from an "insured"; or

(2) To sue us under this Coverage Part 

unless all of its terms have been fully 

complied with.

A person or organization may sue us to 

recover on an agreed settlement or on a 

final judgment against an "insured"; but 

we will not be liable for damages that are 

not payable under this Coverage Part, or 

that are in excess of the applicable Aggregate Limit of Insurance. An agreed settlement means a settlement and release 

of liability signed by us, the first "named

insured" and the claimant or the claimant's legal representative.

b. You may not bring any legal action 

against us involving "loss":

(1) Unless you have complied with all the 

terms of this insurance;

(2) Until 90 days after you have filed 

proof of "loss" with us; and

(3) Unless brought within 2 years from 

the date you reported the "claim" or "loss" to us.

If any limitation in this condition is prohibited by 

law, such limitation is amended so as to equal 

the minimum period of limitation provided by

such law. 6. Legal Advice

We are not your legal advisor. Our determination of what is or is not covered under this 

Coverage Part does not represent advice or 

counsel from us about what you should or 

should not do.

7. Liberalization

If, within 60 days prior to the beginning of this

Coverage Part or during the "policy period", we 

make any changes to any forms or endorsements of this Coverage Part for which there is 

currently no separate premium charge, and 

that change provides more coverage than this 

Coverage Part, the change will automatically

apply to this Coverage Part at the latter of:

a. The date we implemented the change in 

your state; or

b. The date this Coverage Part became effective; and

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will be considered as included until the end of

the current "policy period". We will make no 

additional premium charge for this additional 

coverage during the interim. 8. Office of Foreign Assets Control (OFAC) 

Compliance

Whenever insurance coverage provided by

this policy would be in violation of any United 

States economic or trade sanctions, such insurance coverage shall be null and void.

9. Other Insurance

a. If any covered "loss" is covered by any 

other valid policy, then this Coverage Part 

shall apply only in excess of the amount 

of any deductible, retention and limit of insurance under such other policy whether 

such other policy is stated to be primary, 

contributory, excess, contingent or otherwise, unless such other policy is written 

specifically excess of this Coverage Part 

by reference in such other policy to this

policy's policy number.

b. When this insurance is excess, we will 

have no duty to defend the "insured" against any "claim" if any other insurer 

has a duty to defend the "insured" against 

that "claim". But we will have the right to

associate in the defense and control of 

any "claim" that we reasonably believe is 

likely to involve the insurance provided 

under this Coverage Part. If no other insurer defends, we will undertake to do so, 

but we will be entitled to the "insured's"

rights against all those other insurers. 10. Pre-Notification Consultation

You agree to consult with us prior to the issuance of notification to "affected individuals". We assume no responsibility under this Coverage Part for any services promised to "affected individuals" without our prior agreement. If possible, this pre-notification consultation will also include the designated service 

provider(s) as agreed to under Condition 12. Service Providers. You must provide the following at our pre-notification consultation with

you:

a. The exact list of "affected individuals" to 

be notified, including contact information. b. Information about the "personal data

compromise" that may appropriately be 

communicated with "affected individuals". c. The scope of services that you desire for 

the "affected individuals". For example, coverage may be structured to provide 

fewer services in order to make those 

services available to more "affected individuals" without exceeding the available

Response Expenses Limit.

11. Representations

You represent that all information and statements contained in any application or questionnaire submitted in connection with this 

Coverage Part are true, accurate and complete. All such information and statements are 

the basis for our issuing this Coverage Part 

and shall be considered as incorporated into 

and shall constitute a part of this Coverage 

Part. Misrepresentation or omission of any material fact may be grounds for the rescission of 

this Coverage Part.

12. Separation of Insureds

Except with respect to the applicable Limit of 

Insurance, and any rights or duties specifically 

assigned in this Coverage Part or the policy to 

which it is attached, to the first "named insured", this insurance applies separately to

each "insured" against whom a "claim" is

made.

13. Service Providers

a. We will only pay under this Coverage Part 

for services that are provided by service 

providers approved by us. You must obtain our prior approval for any service provider whose expenses you want covered 

under this Coverage Part. We will not unreasonably withhold such approval.

b. Prior to the Pre-Notification Consultation 

described in the Pre-Notification Consultation Condition above, you must come to 

agreement with us regarding the service 

provider(s) to be used for the Notification 

to Affected Individuals and Services to Affected Individuals. We will suggest a service provider. If you prefer to use an alternate service provider, our coverage is

subject to the following limitations:

(1) Such alternate service provider must 

be approved by us;

(2) Such alternate service provider must 

provide services that are reasonably 

equivalent or superior in both kind 

and quality to the services that would 

have been provided by the service 

provider we had suggested; and

(3) Our payment for services provided by 

any alternate service provider will not 

exceed the amount that we would 

have paid using the service provider 

we had suggested.

14. Services

The following conditions apply as respects any

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vidual" or "identity recovery insured" by us, our

designees or any service firm paid for in whole 

or in part under this Coverage Part:

a. The effectiveness of such services depends on the cooperation and assistance 

of you, "affected individuals" and "identity

recovery insureds". b. All services may not be available or applicable to all individuals. For example, "affected individuals" and "identity recovery

insureds" who are minors or foreign nationals may not have credit records that 

can be provided or monitored. Service in 

Canada will be different from service in

the United States and Puerto Rico in accordance with local conditions. c. We do not warrant or guarantee that the 

services will end or eliminate all problems

associated with the covered events. d. Except for the services of an "identity recovery case manager" under Insuring 

Agreement C - Identity Recovery, which

we will provide directly, you will have a direct relationship with the professional service firms paid for in whole or in part under this Coverage Part. Those firms work

for you.

15. Subrogation

With respect to any payment under this Coverage Part on behalf of any "insured", we shall

be subrogated to the "insured's" rights of recovery to the extent of such payment. The "insured" shall execute all papers required and 

shall do everything necessary to secure and 

preserve such rights, including the execution 

of such documents necessary to enable us to 

bring suit in the "insured's" name. Any recoveries, less the cost of obtaining them, will be distributed as follows:

a. To you, until you are reimbursed for any "loss" you sustain that exceeds the sum of 

the applicable Aggregate Limit of Insurance and the Deductible Amount, if any;

b. Then to us, until we are reimbursed for 

the payment under this Coverage Part;

c. Then to you, until you are reimbursed for 

that part of the payment equal to the Deductible Amount, if any. 16. Valuation - Settlement

All premiums, Limits of Insurance, Deductible 

Amounts, "loss" and any other monetary

amounts under this Coverage Part are expressed and payable in the currency of the 

United States of America. If judgment is rendered, settlement is agreed to or another 

component of "loss" under this Coverage Part 

is expressed in any currency other than United 

States of America dollars, payment under this 

Coverage Part shall be made in United States

dollars at the rate of exchange published in 

The Wall Street Journal on the date the final 

judgment is entered, settlement amount is 

agreed upon, or the other component of "loss"

is due, respectively.

17. When We Do Not Renew

If we decide not to renew this Coverage Part, we will mail or deliver to the first "named insured" shown in the Declarations written notice 

of the nonrenewal not less than 30 days before 

the expiration date.

If notice is mailed, proof of mailing will be sufficient proof of notice. SECTION V - EXTENDED REPORTING PERIODS

The provisions contained within this Section apply 

only to Insuring Agreement B - Defense and Liability.

1. You shall have the right to the Extended Reporting Periods described in this section, in the

event that:

a. You or we cancel this Coverage Part;

b. You or we refuse to renew this Coverage 

Part; or

c. We renew this Coverage Part on other 

than a claims-made basis or with a retroactive date later than the Retroactive Date 

shown in the Declarations.

2. If an event as specified in Paragraph 1. has

occurred, you shall have the right to the following:

a. An Automatic Extended Reporting Period 

of 90 days after the effective date of cancellation or nonrenewal at no additional 

premium in which to give to us written notice of a "claim" or "regulatory proceeding" of which you first receive notice during 

said Automatic Extended Reporting Period for any "personal data compromise" occurring on or after the Retroactive Date 

shown on the Declarations and before the

end of the "policy period" and which is

otherwise covered by this Coverage Part; 

and

b. Upon payment of the additional premium 

stated in the Declarations, a Supplemental Extended Reporting Period for the 

term stated in the Supplemental Extended 

Reporting Period Endorsement will be 

provided immediately following the effective date of cancellation or nonrenewal in 

which to give to us written notice of a "claim" or "regulatory proceeding" of

which you first receive notice during said 

Supplemental Extended Reporting Period

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for any "personal data compromise" occurring on or after the Retroactive Date 

shown in the Declarations and before the 

end of the "policy period" and which is

otherwise covered by this Coverage Part. To obtain the Supplemental Extended 

Reporting Period, you must request it in 

writing and pay the additional premium 

due, within 60 days of the effective date of 

cancellation or nonrenewal. The additional 

premium for the Supplemental Extended 

Reporting Period shall be fully earned at 

the inception of the Supplemental Extended Reporting Period. If we do not receive the written request as required, you 

may not exercise this right at a later date.

c. The Defense and Liability Limit of Insurance for the Extended Reporting Periods

shall be part of, and not in addition to, the

Defense and Liability Limit of Insurance 

for the immediately preceding "coverage 

term". SECTION VI - DEFINITIONS

1. "Affected individual" means any person whose "personally identifying information" or "personally sensitive information" is lost, stolen, accidentally released or accidentally published by 

a "personal data compromise" covered under 

this Coverage Part. This definition is subject to 

the following provisions:

a. "Affected individual" does not include any 

business or organization. Only an individual person may be an "affected individual". b. An "affected individual" may reside any- where in the world. 2. "Authorized representative" means a person or 

entity authorized by law or contract to act on 

behalf of an "identity recovery insured". 3. "Claim":

a. Means:

(1) A civil proceeding in which it is alleged that the claimant suffered 

damages arising from:

(a) A "personal data compromise"

that was covered under Insuring

Agreement A - Response Expenses section of this Coverage 

Part and in connection with 

which you submitted a claim to

us and provided notifications and

services to "affected individuals"

in consultation with us pursuant 

to Insuring Agreement A - Response Expenses; or

(b) The violation of a governmental 

statute or regulation arising from 

a "personal data compromise"

that was covered under Insuring

Agreement A - Response Expenses and in connection with

which you submitted a claim to

us and provided notifications and

services to "affected individuals"

in consultation with us pursuant 

to Insuring Agreement A - Response Expenses.

(2) "Claim" includes:

(a) An arbitration proceeding in

which such damages are

claimed and to which the "insured" must submit or does

submit with our consent;

(b) Any other alternative dispute

resolution proceeding in which 

such damages are claimed and

to which the "insured" must 

submit or does submit with our 

consent; or

(c) A written demand for money, 

when such demand could reasonably result in a civil proceeding as described in this definition. b. Does not include any demand or action 

brought by or on behalf of someone who 

is:

(1) Your "executive";

(2) Your owner or part-owner; or

(3) A holder of your securities;

in their capacity as such, whether directly, derivatively, or by class action. "Claim" will 

include proceedings brought by such individuals in their capacity as "affected individuals", but only to the extent that the

damages claimed are the same as would 

apply to any other "affected individual". 4. "Coverage term" means the following individual increment, or if a multi-year "policy period", 

increments, of time, which comprise the "policy period" of this Coverage Part:

a. The year commencing on the Effective 

Date of this Coverage Part at 12:01 AM

standard time at your mailing address

shown in the Declarations, and if a multi- year "policy period", each consecutive annual period thereafter, or portion thereof if

any period is for a period of less than 12 

months, constitute individual "coverage 

terms". The last "coverage term" ends at 

12:00 AM standard time at your mailing 

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address shown in the Declarations on the

earlier of:

(1) The day the "policy period" shown in

the Declarations ends; or

(2) The day the policy to which this Coverage Part is attached is terminated 

or cancelled.

b. However, if after the issuance of this Coverage Part, any "coverage term" is extended for an additional period of less

than 12 months, that additional period of 

time will be deemed to be part of the last 

preceding "coverage term". 5. "Coverage territory" means:

a. With respect to Insuring Agreement A - Response Expenses, anywhere in the

world.

b. With respect to Insuring Agreement B - Defense and Liability, anywhere in the 

world, however, "claims" must be brought 

in the United States (including its territories and possessions), Puerto Rico or 

Canada. c. With respect to Insuring Agreement C -

Identity Recovery, anywhere in the world

6. "Data compromise liability":

a. Means the following, when they arise from 

a "claim" or "regulatory proceeding":

(1) Damages (including punitive and exemplary damages and the multiple 

portion of any multiplied damage 

award), judgments or settlements;

(2) Attorney's fees and other litigation 

costs added to that part of any judgment paid by us, when such fees and 

costs are awarded by law or court order; and

(3) Pre-judgment interest on that part of 

any judgment paid by us. b. Also includes any Payment Card Industry 

(PCI) fine or penalty imposed under a 

contract to which you are a party when 

such fine or penalty arises from a "claim". PCI Fines and Penalties do not include 

any increased transaction costs. c. Also includes any fine or penalty imposed 

by law, to the extent such fine or penalty

is legally insurable under the law of the 

applicable jurisdiction when such fine or 

penalty arises from a "regulatory proceeding". d. Does not include:

(1) Civil or criminal fines or penalties imposed by law, except for civil fines

and penalties expressly covered under paragraphs b. and c. above;

(2) Taxes; or

(3) Matters which may be deemed uninsurable under the applicable law.

e. With respect to fines and penalties and 

punitive, exemplary and multiplied damages, the law of the jurisdiction most favorable to the insurability of those fines, penalties or damages shall control for the 

purpose of resolving any dispute between 

us and any "insured" regarding whether 

the fines, penalties or damages specified 

in this definition above are insurable under this Coverage Part, provided that such 

jurisdiction:

(1) Is where those fines, penalties or 

damages were awarded or imposed;

(2) Is where any "personal data compromise" took place for which such fines,

penalties or damages were awarded 

or imposed;

(3) Is where you are incorporated or you 

have your principal place of business; 

or

(4) Is where we are incorporated or have 

our principal place of business. 7. "Defense costs":

a. Means reasonable and necessary expenses resulting solely from the investigation, defense and appeal of any "claim" or "regulatory proceeding" against an "insured". Such expenses may be incurred 

by us. Such expenses may include premiums for any appeal bond, attachment 

bond or similar bond. However, we have 

no obligation to apply for or furnish such 

bond.

b. Does not include the salaries or wages of

your "employees" or "executives", or your 

loss of earnings. 8. "Employee" means any natural person, other 

than an "executive", who was, now is or will 

be:

a. Employed on a full- or part-time basis by 

you;

b. Furnished temporarily to you to substitute 

for a permanent "employee" on leave or to 

meet seasonal or short-term workload 

conditions;

c. Leased to you by a labor leasing firm under an agreement between you and the 

labor leasing firm to perform duties relatCIC0208

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ed to the conduct of your business, but 

does not mean a temporary employee as

defined in Paragraph 8.b.; or

d. Your volunteer worker, which includes

unpaid interns. 9. "Executive" means any natural person who 

was, now is or will be:

a. The owner of a sole proprietorship that is

a "named insured"; or

b. A duly elected or appointed:

(1) Director;

(2) Officer;

(3) Managing Partner;

(4) General Partner;

(5) Member (if a limited liability company);

(6) Manager (if a limited liability company); or

(7) Trustee, of a "named insured". 10. "Identity recovery case manager" means one 

or more individuals assigned by us to assist an "identity recovery insured" with communications we deem necessary for re-establishing 

the integrity of the personal identity of the "identity recovery insured". This includes, with

the permission and cooperation of the "identity

recovery insured", written and telephone 

communications with law enforcement authorities, governmental agencies, credit agencies 

and individual creditors and businesses. 11. "Identity recovery expenses" means the following when they are reasonable and necessary

expenses that are incurred as a direct result of

an "identity theft" suffered by an "identity recovery insured":

a. Costs for re-filing applications for loans,

grants or other credit instruments that are 

rejected solely as a result of an "identity

theft". b. Costs for notarizing affidavits or other 

similar documents, long distance telephone calls and postage solely as a result 

of your efforts to report an "identity theft" or amend or rectify records as to your true 

name or identity as a result of an "identity

theft". c. Costs for credit reports from established 

credit bureaus. d. Fees and expenses for an attorney approved by us for the following:

(1) The defense of any civil suit brought 

against an "identity recovery insured".

(2) The removal of any civil judgment 

wrongfully entered against an "identity recovery insured".

(3) Legal assistance for an "identity recovery insured" at an audit or hearing 

by a governmental agency.

(4) Legal assistance in challenging the 

accuracy of the "identity recovery insured's" consumer credit report.

(5) The defense of any criminal charges

brought against an "identity recovery 

insured" arising from the actions of a

third party using the personal identity 

of the "identity recovery insured". e. Actual lost wages of the "identity recovery

insured" for time reasonably and necessarily taken away from work and away

from the work premises. Time away from 

work includes partial or whole work days. Actual lost wages may include payment 

for vacation days, discretionary days, 

floating holidays and paid personal days. Actual lost wages does not include sick

days or any loss arising from time taken 

away from self-employment. Necessary 

time off does not include time off to do 

tasks that could reasonably have been 

done during non-working hours.

f. Actual costs for supervision of children or 

elderly or infirm relatives or dependents of

the "identity recovery insured" during time 

reasonably and necessarily taken away

from such supervision. Such care must be 

provided by a professional care provider 

who is not a relative of the "identity recovery insured". g. Actual costs for counseling from a licensed mental health professional. Such 

care must be provided by a professional 

care provider who is not a relative of the "identity recovery insured". h. Any other reasonable costs necessarily 

incurred by an "identity recovery insured" as a direct result of the "identity theft".

(1) Such costs include:

(a) Costs by the "identity recovery 

insured" to recover control over 

his or her personal identity.

(b) Deductibles or service fees from

financial institutions.

(2) Such costs do not include:

(a) Costs to avoid, prevent or detect "identity theft" or other loss.

CIC0209

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(b) Money lost or stolen.

(c) Costs that are restricted or excluded elsewhere in this Coverage Part or policy.

12. "Identity recovery insured" means the following:

a. When the entity insured under this Coverage Part is a sole proprietorship, the "identity recovery insured" is the individual 

person who is the sole proprietor of the "named insured". b. When the "named insured" under this

Coverage Part is a partnership, the "identity recovery insureds" are the current 

partners. c. When the "named insured" under this

Coverage Part is a corporation or other 

form of organization, other than those described in a. or b. above, the "identity recovery insureds" are all individuals having

an ownership position of 20% or more of 

the insured entity. However, if and only if 

there is no one who has such an ownership position, then the "identity recovery

insured" shall be:

(1) The chief executive of the insured entity; or

(2) As respects a religious institution, the 

senior ministerial employee.

d. The legally recognized spouse of any individual described in a., b. or c. above. An "identity recovery insured" must always be

an individual person. The "named insured" under this Coverage Part is not an "identity recovery insured". 13. "Identity theft" means the fraudulent use of "personally identifying information". This includes fraudulently using such information to 

establish credit accounts, secure loans, enter

into contracts or commit crimes. 

"Identity theft" does not include the fraudulent 

use of a business name, d/b/a or any other 

method of identifying a business activity. 14. "Insured" means:

a. With respect to Insuring Agreement A - Response Expenses any "named insured". b. With respect to Insuring Agreement B - Defense and Liability:

(1) Any "named insured"; and

(2) Any "employee" or "executive" of a "named insured", but:

(a) Only for the conduct of the

"named insured's" business within the scope of his or her employment or duties as an "executive"; and

(b) Such "employee" or "executive" shall not be an "insured" to the

extent his or her actions or 

omissions are criminal, fraudulent, dishonest or constitute an

intentional or knowing violation of

the law.

c. With respect to Insuring Agreement C -

Identity Recovery any "named insured". 15. "Loss" means:

a. With respect to Insuring Agreement A - Response Expenses:

Those expenses enumerated in Section I, A., Paragraph 1.b. b. With respect to Insuring Agreement B - Defense and Liability:

(1) "Defense costs"; and

(2) "Data compromise liability". c. With respect to Insuring Agreement C -

Identity Recovery, "identity recovery expenses". 16. "Named insured" means the entity or entities

shown in the Declarations as a Named Insured. 17. "Personal data compromise" means the loss, 

theft, accidental release or accidental publication of "personally identifying information" or "personally sensitive information" as respects

one or more "affected individuals". If the loss, 

theft, accidental release or accidental publication involves "personally identifying information", such loss, theft, accidental release or

accidental publication must result in or have 

the reasonable possibility of resulting in the 

fraudulent use of such information. This definition is subject to the following provisions:

a. At the time of the loss, theft, accidental release or accidental publication, the "personally identifying information" or "personally sensitive information" need not be 

at the insured premises but must be in the 

direct care, custody or control of:

(1) You; or

(2) A professional entity with which you 

have a direct relationship and to 

which you (or an "affected individual" at your direction) have turned over 

(directly or via a professional transmission or transportation provider) 

such information for storage, proCIC0210

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cessing, transmission or transportation of such information. b. "Personal data compromise" includes disposal or abandonment of "personally identifying information" or "personally sensitive 

information" without appropriate safeguards such as shredding or destruction, subject to the following provisions:

(1) The failure to use appropriate safeguards must be accidental and not 

reckless or deliberate; and

(2) Such disposal or abandonment must 

take place during the time period for 

which this Coverage Part is effective. c. "Personal data compromise" includes situations where there is a reasonable 

cause to suspect that such "personally 

identifying information" or "personally

sensitive information" has been lost, stolen, accidentally released or accidentally

published, even if there is no firm proof. d. All incidents of "personal data compromise" that are discovered at the same

time or arise from the same cause will be 

considered one "personal data compromise". 18. "Personally identifying information" means information, including health information, that 

could be used to commit fraud or other illegal 

activity involving the credit, access to health 

care or identity of an "affected individual" or "identity recovery insured". This includes, but 

is not limited to, Social Security numbers or 

account numbers.

"Personally identifying information" does not

mean or include information that is otherwise 

available to the public, such as names and 

addresses. 19. "Personally sensitive information" means private information specific to an individual the 

release of which requires notification of "affected individuals" under any applicable law.

"Personally sensitive information" does not 

mean or include "personally identifying

information". 20. "Policy period" means the cumulative total of

each individual "coverage term" comprising

the period of time from the inception date of 

this Coverage Part shown in the Declarations 

to the expiration date shown in the Declarations, or its earlier cancellation or termination 

date.

21. "Regulatory proceeding" means an investigation, demand or proceeding alleging a violation 

of law or regulation brought by, or on behalf of, 

the Federal Trade Commission, Federal 

Communications Commission or other administrative or regulatory agency, or any federal, 

state, local or foreign governmental entity in 

such entity's regulatory or official capacity.

CIC0211

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THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

ILLINOIS CHANGES - CINCINNATI DATA

DEFENDER

TM COVERAGE PART

This endorsement modifies insurance provided under the following:

CINCINNATI DATA DEFENDERTM COVERAGE PART

A. SECTION II - LIMITS OF INSURANCE AND 

DEDUCTIBLE is amended to delete in their 

entirety subparagraphs 1. and 2. of Paragraph 

B. and replace them with the following:

1. The most we will pay under Insuring 

Agreement B - Defense and Liability (other than pre and post-judgment interest) is

the Limit of Insurance stated in the Declarations. 2. The Insuring Agreement B - Defense and

Liability Limit of Insurance is an annual 

aggregate limit. This amount is the most 

we will pay for all "loss" covered under Insuring Agreement B - Defense and Liability (other than pre and post-judgment interest) arising out of all "claims". B. SECTION III - DEFENSE AND SETTLEMENT

is amended to delete in its entirety Paragraph

4. and replace it with the following:

4. We shall pay all interest on that amount of

any judgment within the Insuring Agreement B - Defense and Liability Limit of Insurance which accrues:

a. Before entry of judgment; or

b. After entry of judgment, but before 

we pay, offer to pay or deposit in 

court that part of the judgment within 

the Insuring Agreement B - Defense

and Liability Limit of Insurance or, in 

any case, before we pay or offer to 

pay the entire Insuring Agreement B - Defense and Liability Limit of Insurance. These interest payments shall be in addition to and not part of the Defense and Liability Limit.

C. The following is added to SECTION IV - CONDITIONS, 5. Legal Action Against Us:

The 2 year period for legal action against us is 

extended by the number of days between the 

date the proof of "loss" is filed with us and the 

date we deny the "claim" in whole or in part.

D. SECTION IV - CONDITIONS is amended to

delete in its entirety Condition 8. and replace it 

with the following:

8. Office of Foreign Assets Control 

(OFAC) Compliance

Whenever insurance coverage provided 

by this policy would be in violation of any 

United States economic or trade sanctions, such insurance coverage will not be 

provided.

E. SECTION IV - CONDITIONS is amended to

delete in its entirety Condition 9. and replace it 

with the following:

9. Other Insurance

If any "loss" resulting from any "claim" is

insured by any other valid policy, we shall 

not be liable under this policy for a greater 

proportion of such "loss" than the applicable Limit of Insurance stated in the Declarations bears to the total applicable limit of 

liability of all valid and collectible insurance against such "loss", unless such

other insurance is purchased specifically

to apply in excess of the Limit of Liability

stated in the Declarations of this policy. F. SECTION IV - CONDITIONS is amended to 

delete in its entirety Condition 11. and replace 

it with the following:

11. Representations

You represent that all information and 

statements contained in any application or 

questionnaire submitted in connection 

with this Coverage Part are true, accurate 

and complete. All such information and

statements are the basis for our issuing 

this Coverage Part and shall be considered as incorporated into and shall constitute a part of this Coverage Part. Misrepresentation or omission of any material 

fact may be grounds for the rescission of 

the policy if such misrepresentation is

made with actual intent to deceive or materially affects either the acceptance of the

risk or the hazard assumed by the company.

CIC0212

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G. The following is added to SECTION V - EXTENDED REPORTING PERIODS 2.b.:

You shall have the option to purchase a 12

month Extended Reporting Period to replace 

the 90 day Automatic Extended Reporting Period for an additional premium equal to 75% of 

the expiring annual premium for the applicable 

Coverage Part.

H. SECTION VI - DEFINITIONS is amended to 

delete definition 6. "Data compromise liability"

in its entirety and replace it with the following:

6. "Data compromise liability":

a. Means the following, when they arise 

from a "claim" or "regulatory proceeding":

(1) Damages (including punitive and

exemplary damages and the

multiple portion of any multiplied

damage award), judgments or 

settlements; and

(2) Attorney's fees and other litigation costs added to that part of

any judgment paid by us, when

such fees and costs are awarded by law or court order.

b. Also includes any Payment Card Industry (PCI) fine or penalty imposed 

under a contract to which you are a 

party when such fine or penalty arises from a "claim". PCI Fines and

Penalties do not include any increased transaction costs. c. Also includes any fine or penalty imposed by law, to the extent such fine 

or penalty is legally insurable under 

the law of the applicable jurisdiction 

when such fine or penalty arises from 

a "regulatory proceeding". d. Does not include:

(1) Civil or criminal fines or penalties

imposed by law, except for civil 

fines and penalties expressly 

covered under paragraphs b. 

and c. above;

(2) Taxes; or

(3) Matters which may be deemed

uninsurable under the applicable

law.

e. With respect to fines and penalties 

and punitive, exemplary and multiplied damages, the law of the jurisdiction most favorable to the insurability of those fines, penalties or damages shall control for the purpose of

resolving any dispute between us and 

any "insured" regarding whether the 

fines, penalties or damages specified 

in this definition above are insurable 

under this Coverage Part, provided 

that such jurisdiction:

(1) Is where those fines, penalties or 

damages were awarded or imposed; 

(2) Is where any "personal data 

compromise" took place for

which such fines, penalties or 

damages were awarded or imposed; 

(3) Is where you are incorporated or 

you have your principal place of

business; or 

(4) Is where we are incorporated or 

have our principal place of business. However, in no event will the punitive,

exemplary damages or the multiplied 

portion of any multiplied damages be 

insurable under this contract of insurance with respect to a "claim" brought

against an Illinois domiciled insured 

in an Illinois state court, except to the

extent such damages are insurable 

under Illinois law. Illinois law dictates

that an insurer may not reimburse an 

insured for punitive damages assessed as a result of the insured's

own misconduct.

I. The following is added to definition 7. "Defense costs"in SECTION VI - DEFINITIONS:

"Defense costs": 

c. Does not include the salaries of our employees or the salaries of your staff attorneys. J. The term spouse is replaced by the following:

Spouse or party to a civil union recognized under Illinois law.

CIC0213

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THIS COVERAGE PART PROVIDES CLAIMS-MADE COVERAGE, WHICH APPLIES

ONLY TO "CLAIMS" FIRST MADE DURING THE "POLICY PERIOD" OR ANY

APPLICABLE EXTENDED REPORTING PERIOD. THE LIMIT OF INSURANCE TO PAY

DAMAGES OR SETTLEMENTS WILL BE REDUCED AND MAY BE EXHAUSTED BY

"DEFENSE COSTS", AND "DEFENSE COSTS" WILL BE APPLIED AGAINST THE

DEDUCTIBLE. IN NO EVENT WILL WE BE LIABLE FOR "DEFENSE COSTS" OR THE 

AMOUNT OF ANY JUDGMENT OR SETTLEMENT IN EXCESS OF THE LIMIT OF 

INSURANCE. READ THE ENTIRE POLICY CAREFULLY. Attached to and forming part of POLICY NUMBER: Effective Date

A Stock Insurance Company

CINCINNATI NETWORK DEFENDERTM COVERAGE PART

DECLARATIONS

THE CINCINNATI INSURANCE COMPANY

ETD 051 52 30 12-12-2018

Named Insured is the same as it appears in the Common Policy Declarations unless another entry is made 

here. 

Retroactive Date:

Limits of Insurance and Deductible

Insuring Agreement

Annual

Aggregate Sublimit Deductible

A Computer Attack $ $

1 Cyber Extortion $ $

2

Loss of Business $

Public Relations $

B Network Security and

Electronic Media Liability

$ $

TOTAL ANNUAL PREMIUM $

12-12-2018

50,000 1,000

10,000 1,000

25,000

25,000

50,000 1,000

187

iod Te Per Premium

ded e ti

iod

nal Supple ntal Exten R

Per

O ptio por ng

- ptional Supple ntal Extended Reporting me:

me O

rm: - 1 YEAR 60

2 YEAR 120

3 YEAR 160

4 YEAR 200

5 YEAR 220

6 YEAR 240

FORMS AND/OR ENDORSEMENTS APPLICABLE TO THIS COVERAGE PART:

HC103 01/18 CINCINNATI NETWORK DEFENDERTM COVERAGE FORM

HC461IL 01/18 ILLINOIS CHANGES - CINCINNATI NETWORK DEFENDERTM COVERAGE PART

1 Computer Attack Deductible other than Cyber Extortion

2 Cyber Extortion Deductible

HC 503 01 18 Page of

ETD 051 52 30

 1 1

CIC0214

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CINCINNATI NETWORK DEFENDERTM COVERAGE FORM

TABLE OF CONTENTS

Coverage Part Provision: Begins on Page:

Preamble.......................................................................................................................................................3

SECTION I - COVERAGES...........................................................................................................................3

A. Insuring Agreements............................................................................................................................3

1. Insuring Agreement A - Computer Attack...................................................................................3

2. Insuring Agreement B - Network Security and Electronic Media Liability..............................3

B. Exclusions ............................................................................................................................................4

1. Contractual Liability......................................................................................................................4

2. Criminal Investigations or Proceedings .....................................................................................4

3. Deficiency Correction...................................................................................................................4

4. Extortion ........................................................................................................................................4

5. Fines or Penalties .........................................................................................................................4

6. Fraudulent, Dishonest or Criminal Acts .....................................................................................4

7. Information Technology Products ..............................................................................................4

8. Infrastructure Failure....................................................................................................................4

9. Knowledge of Falsity....................................................................................................................4

10. Non-monetary Relief.....................................................................................................................4

11. Nuclear...........................................................................................................................................4

12. Patent or Trade Secret Infringement...........................................................................................4

13. Previously Reported Claims ........................................................................................................4

14. Prior Wrongful Acts......................................................................................................................5

15. Prior or Pending Litigation...........................................................................................................5

16. Property Damage or Bodily Injury...............................................................................................5

17. War.................................................................................................................................................5

18. Willful Complicity..........................................................................................................................5

SECTION II - LIMITS OF INSURANCE AND DEDUCTIBLE .......................................................................5

SECTION III - DEFENSE AND SETTLEMENT.............................................................................................6

SECTION IV - CONDITIONS ........................................................................................................................6

1. Bankruptcy ....................................................................................................................................6

2. Due Diligence ................................................................................................................................6

3. Duties in the Event of a Claim or Loss .......................................................................................6

4. Legal Action Against Us...............................................................................................................7

5. Liberalization.................................................................................................................................8

6. Office of Foreign Assets Control (OFAC) Compliance..............................................................8

7. Other Insurance.............................................................................................................................8

8. Representations............................................................................................................................8

9. Separation of Insureds.................................................................................................................8

10. Services .........................................................................................................................................8

11. Subrogation...................................................................................................................................8

12. Valuation - Settlement ..................................................................................................................9

13. When We Do Not Renew ..............................................................................................................9

SECTION V - EXTENDED REPORTING PERIODS.....................................................................................9

SECTION VI - DEFINITIONS........................................................................................................................9

1. "Actual cash value" .........................................................................................................................9

2. "Bodily injury"...................................................................................................................................9

3. "Business income loss"...................................................................................................................9

4. "Claim"..........................................................................................................................................10

5. "Computer attack".........................................................................................................................10

6. "Computer system".......................................................................................................................10

7. "Coverage term"............................................................................................................................10

CIC0215

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TABLE OF CONTENTS (CONT'D)

Coverage Part Provision: Begins on Page:

SECTION VI – DEFINITIONS (Cont'd).......................................................................................................10

8. "Coverage territory".......................................................................................................................10

9. "Cyber extortion expenses"...........................................................................................................10

10. "Cyber extortion threat".................................................................................................................11

11. "Data re-creation costs"................................................................................................................11

12. "Data restoration costs".................................................................................................................11

13. "Defense costs".............................................................................................................................11

14. "Denial of service attack"..............................................................................................................11

15. "Electronic media incident"............................................................................................................11

16. "Employee"....................................................................................................................................12

17. "Executive"....................................................................................................................................12

18. "Extra expense".............................................................................................................................12

19. "Insured"........................................................................................................................................12

20. "Interrelated"..................................................................................................................................12

21. "Loss"............................................................................................................................................12

22. "Malware attack"...........................................................................................................................12

23. "Named insured"...........................................................................................................................12

24. "Network security incident"............................................................................................................12

25. "Period of restoration"...................................................................................................................13

26. "Personally identifying information"...............................................................................................13

27. "Personally sensitive information".................................................................................................13

28. "Policy period"...............................................................................................................................13

29. "Property damage"........................................................................................................................13

30. "Ransomware"..............................................................................................................................13

31. "Settlement costs".........................................................................................................................13

32. "System restoration costs"............................................................................................................13

33. "Third party corporate data"..........................................................................................................14

34. "Unauthorized access incident".....................................................................................................14

35. "Wrongful act"...............................................................................................................................14

CIC0216

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CINCINNATI NETWORK DEFENDERTM COVERAGE FORM

THIS COVERAGE PART PROVIDES CLAIMS-MADE COVERAGE, WHICH APPLIES ONLY TO "CLAIMS" FIRST MADE DURING THE "POLICY PERIOD" OR ANY APPLICABLE EXTENDED REPORTING PERIOD. 

THE LIMIT OF INSURANCE TO PAY DAMAGES OR SETTLEMENTS WILL BE REDUCED AND MAY BE 

EXHAUSTED BY "DEFENSE COSTS", AND "DEFENSE COSTS" WILL BE APPLIED AGAINST THE DEDUCTIBLE. IN NO EVENT WILL WE BE LIABLE FOR "DEFENSE COSTS" OR THE AMOUNT OF ANY 

JUDGMENT OR SETTLEMENT IN EXCESS OF THE LIMIT OF INSURANCE. READ THE ENTIRE POLICY

CAREFULLY.

Various provisions in this Coverage Part restrict

coverage. Read the entire Coverage Part carefully 

to determine rights, duties and what is and is not 

covered.

Throughout this Coverage Part the words "you" and

"your" refer to the "named insured" shown in the 

Declarations. The words "we", "us" and "our" refer 

to the company providing this insurance.

Other words and phrases that appear in quotation 

marks have special meaning. Refer to Section VI - Definitions. SECTION I - COVERAGES

A. Insuring Agreements

Coverage is provided under the following Insuring Agreements for which an Aggregate 

Limit of Insurance is shown in the Declarations:

1. Insuring Agreement A - Computer Attack

a. Coverage under Insuring Agreement 

A - Computer Attack applies only if all 

of the following conditions are met:

(1) There has been a "computer attack"; and

(2) Such "computer attack" is first 

discovered by you during the "policy period"; and

(3) Such "computer attack" occurred 

in the "coverage territory"; and

(4) Such "computer attack" is reported to us as soon as practicable, but in no event more than

60 days after the date it is first 

discovered by you. b. If all of the conditions in a. above

have been met, then we will provide 

you the following coverages for "loss" directly arising from such "computer 

attack".

(1) Cyber Extortion

We will pay your necessary and

reasonable "cyber extortion expenses".

(2) Data Restoration

We will pay your necessary and

reasonable "data restoration 

costs".

(3) Data Re-creation

We will pay your necessary and

reasonable "data re-creation

costs".

(4) System Restoration

We will pay your necessary and

reasonable "system restoration 

costs".

(5) Loss of Business

We will pay your actual "business income loss" and your necessary and reasonable "extra

expenses".

(6) Public Relations

If you suffer covered "business

income loss", we will pay the

necessary and reasonable fees

and expenses you incur, with our

prior written consent, for a professional public relations firm review of and response to the potential impact of the "computer 

attack" on your business relationships. We will only pay for 

such fees and expenses when

such a public relations firm review and response is reasonably 

necessary to avert or mitigate

material damage to your business relationships from the

"computer attack". 2. Insuring Agreement B - Network Security and Electronic Media Liability

a. Coverage under Insuring Agreement 

B - Network Security and Electronic

Media Liability applies only if all of the 

following conditions are met:

(1) During the "coverage term" or 

any applicable Extended Reporting Period, you first receive noCIC0217

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tice of a "claim" which arises

from a "wrongful act" that:

(a) Took place on or after the

Retroactive Date shown in

the Declarations and before

the end of the "policy period"; and

(b) Took place in the "coverage 

territory"; and

(2) Such "claim" is reported to us as 

soon as practicable, but in no

event more than 60 days after 

the date it is first received by 

you.

b. If the conditions listed in a. above

have been met, then we will pay on 

behalf of the "insured" the "insured's" necessary and reasonable "defense 

costs" and "settlement costs" directly 

arising from the "claim". c. All "claims" caused by a single "wrongful act" or series of "interrelated" "wrongful acts" will be deemed to 

have been made at the time that notice of the first of those "claims" is received by you.

B. Exclusions

This insurance does not apply to "loss" or "claims" based upon, attributable to or arising 

out of:

1. Contractual Liability

An "insured's" assumption of liability by

contract or agreement, whether oral or 

written. However, this exclusion shall not 

apply to any liability that an "insured" would have incurred in the absence of 

such contract or agreement.

2. Criminal Investigations or Proceedings

Any criminal investigations or proceedings.

3. Deficiency Correction

Costs to research or correct any deficiency.

4. Extortion

Any threat, extortion or blackmail. This includes, but is not limited to, ransom pay- ments and private security assistance. This exclusion does not apply to the extent that insurance coverage is provided 

under SECTION I - COVERAGES, Paragraph A.1.b.(1) Cyber Extortion.

5. Fines or Penalties

Any fines or penalties. 6. Fraudulent, Dishonest or Criminal Acts

Any criminal, fraudulent or dishonest act, 

error or omission, or any intentional or 

knowing violation of the law by the "insured". 7. Information Technology Products

The propagation or forwarding of malware, including viruses, worms, Trojans, spyware and keyloggers in connection 

with hardware or software created, produced or modified by you for sale, lease 

or license to third parties. 8. Infrastructure Failure

Failure or interruption of or damage to any 

electrical power supply network or telecommunication network not owned and 

operated by the "insured" including, but

not limited to, the internet, internet service 

providers, DNS service providers, cable 

and wireless providers, internet exchange 

providers, search engine providers, tier 1 

internet protocol networks and other providers of telecommunications or internet 

infrastructure.

9. Knowledge of Falsity

Any oral or written publication of material, 

if done by the "insured" or at the "insured's" direction with knowledge of its

falsity.

10. Non-monetary Relief

That part of any "claim" seeking any non- monetary relief. 11. Nuclear

Nuclear reaction or radiation or radioactive contamination, however caused.

12. Patent or Trade Secret Infringement

Any actual or alleged patent or trade secret violation including any actual or alleged violation of the Patent Act, the Economic Espionage Act of 1996, or the Uniform Trade Secrets Act and their amendments. 13. Previously Reported Claims

The same facts alleged or contained in

any "claim" which has been reported, or in

any circumstances of which notice has

been given, under any insurance policy of 

which this Coverage Part is a renewal or 

replacement.

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14. Prior Wrongful Acts

Any "wrongful act" first occurring before

the Retroactive Date shown in the Declarations or any "claim" arising from a "wrongful act" that first occurred prior to 

the Retroactive Date shown in the Declarations. 15. Prior or Pending Litigation

Any "claim" or other proceeding against 

an "insured" which was pending or existed 

prior to the "coverage term", or arising out 

of the same or substantially the same 

facts, circumstances or allegations which 

are the subject of, or the basis for, such "claim" or other proceeding. 16. Property Damage or Bodily Injury

"Property damage" or "bodily injury" other 

than "bodily injury" arising from an "electronic media incident". 17. War

a. War, including undeclared or civil war 

or civil unrest;

b. Warlike action by military force, including action hindering or defending 

against an actual or expected attack, by any government, sovereign or 

other authority using military personnel or other agents; or

c. Insurrection, rebellion, revolution, usurped power, or action taken by 

government authority in hindering or 

defending against any of these.

18. Willful Complicity

The "insured's" intentional or willful complicity in a covered "loss" event or your 

reckless disregard for the security of your "computer system" or data. SECTION II - LIMITS OF INSURANCE AND DEDUCTIBLE

A. Insuring Agreement A - Computer Attack

1. The most we will pay under Insuring 

Agreement A - Computer Attack for Cyber 

Extortion coverage for "loss" arising from 

any one "computer attack" is the Cyber

Extortion Sublimit stated in the Declarations. This Limit of Insurance is part of, and not in addition to, the Computer Attack Aggregate Limit of Insurance stated 

in Paragraph 4. below. 2. The most we will pay under Insuring 

Agreement A - Computer Attack for Loss

of Business coverage for "loss" arising 

from any one "computer attack" is the 

Loss of Business Sublimit stated in the

Declarations. This sublimit is part of, and

not in addition to, the Computer Attack

Aggregate Limit of Insurance stated in 

Paragraph 4. below.

3. The most we will pay under Insuring 

Agreement A - Computer Attack for Public

Relations coverage for "loss" arising from

any one "computer attack" is the Public

Relations Sublimit stated in the Declarations. This sublimit is part of, and not in 

addition to, the Computer Attack Aggregate Limit of Insurance stated in Paragraph 4. below.

4. The Computer Attack Aggregate Limit of 

Insurance is an annual aggregate limit. 

This amount is the most we will pay for 

the total of all "loss" covered under Insuring Agreement A - Computer Attack arising out of all "computer attack" events

which are first discovered by you during 

the "coverage term". This limit applies regardless of the number of "computer attack" events first discovered during the "coverage term". 5. A "computer attack" may be first discovered by you in one "coverage term" but it 

may cause covered "loss" in one or more

subsequent "coverage terms". If so, all 

covered "loss" arising from such "computer attack" will be subject to the Computer 

Attack Aggregate Limit of Insurance applicable to the "coverage term" when the "computer attack" was first discovered by 

you.

6. The Computer Attack coverage is subject 

to the:

a. Computer Attack other than Cyber 

Extortion; and

b. Cyber Extortion;

deductibles stated in the Declarations. In 

the event that elements of "loss" from the 

same "computer attack" include "cyber 

extortion expenses" as well as other insured expenses or costs, then only the 

single highest deductible will apply. You 

shall be responsible for the applicable deductible amount as respects "loss" arising 

from each "computer attack" covered under this Coverage Part.

B. Insuring Agreement B - Network Security 

and Electronic Media Liability

1. Except for post-judgment interest, the

most we will pay under Insuring Agreement B - Network Security and Electronic

Media Liability is the Network Securityand

Electronic Media Liability Aggregate Limit 

of Insurance stated in the Declarations.

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2. The Network Security and Electronic Media Liability Aggregate Limit of Insurance

is an annual aggregate limit. This amount 

is the most we will pay for the total of all "loss" covered under Insuring Agreement 

B - Network Security and Electronic Media Liability (other than post-judgment interest) arising out of all "claims". 3. The Network Security and Electronic Media Liability Aggregate Limit of Insurance

for the Extended Reporting Periods (if applicable) shall be part of, and not in addition to, the Network Security and Electronic Media Liability Aggregate Limit of Insurance for the immediately preceding "coverage term". 4. The Insuring Agreement B - Network Security and Electronic Media Liability coverage is subject to the Network Security

and Electronic Media Liability Deductible 

stated in the Declarations. You shall be 

responsible for the applicable deductible 

amount as respects "loss" arising from

each "claim" covered under this Coverage

Part. We may, at our option, pay any part

or all of the deductible amount to defend 

or effect settlement of any "claim" or "loss" and, upon notification of the action 

taken, you shall promptly reimburse us for 

such part of the deductible amount as has

been paid by us.

The Limits of Insurance apply separately to each

"coverage term". SECTION III - DEFENSE AND SETTLEMENT

The provisions contained within this Section apply 

only to Insuring Agreement B - Network Security

and Electronic Media Liability. 1. We will have the right and duty to select counsel and defend the "insured" against any "claim" covered by Insuring Agreement B - Network Security and Electronic Media Liability, regardless of whether the allegations of 

such "claim" are groundless, false or fraudulent. However, we shall have no duty to defend 

the "insured" against any "claim" seeking 

damages or other relief not insured by Insuring 

Agreement B - Network Security and Electronic Media Liability. 2. We may, with your written consent, make any

settlement of a "claim" which we deem reasonable. If you withhold consent to such settlement, our liability for all "loss" resulting from 

such "claim" will not exceed the amount for 

which we could have settled such "claim" plus "defense costs" incurred as of the date we 

proposed such settlement in writing to you.

3. We shall not be obligated to pay any "loss", or 

to defend or continue to defend any "claim", after the Insuring Agreement B - Network Security and Electronic Media Liability Limit of Insurance has been exhausted.

4. We shall pay all interest on that amount of any

judgment within the Insuring Agreement B - Network Security and Electronic Media Liability

Limit of Insurance which accrues:

a. After entry of judgment; and

b. Before we pay, offer to pay or deposit in 

court that part of the judgment within the 

Insuring Agreement B - Network Security

and Electronic Media Liability Limit of Insurance or, in any case, before we pay or 

offer to pay the entire Insuring Agreement

B - Network Security and Electronic Media Liability Limit of Insurance. These interest payments shall be in addition to 

and not part of the Network Security and Electronic Media Liability Limit of Insurance. SECTION IV - CONDITIONS

1. Bankruptcy 

Your bankruptcy, or the bankruptcy of your estate if you are a sole proprietor, will not relieve 

us of our obligations under this Coverage Part.

2. Due Diligence

You agree to use due diligence to prevent and 

mitigate "loss" covered under this Coverage

Part. This includes, but is not limited to, complying with, and requiring your vendors to 

comply with, reasonable and industry- accepted protocols for:

a. Providing and maintaining appropriate 

physical security for your premises, "computer systems" and hard copy files;

b. Providing and maintaining appropriate 

computer and Internet security; and

c. Maintaining and updating at appropriate 

intervals backups of computer data. 3. Duties in the Event of a Claim or Loss

a. If, during the "coverage term", the "insured" first becomes aware of any circumstance that could reasonably be expected to give rise to a "claim", the "insured" may give written notice to us. The 

notice must be made as soon as practicable, but in no event more than 60 days

after the date the circumstance is first discovered by the "insured", must be made 

during the "coverage term" and must include:

(1) The specific details, including the 

date, of the circumstance;

(2) The alleged injuries or damage sustained or which may be sustained;

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(3) The names of potential claimants; 

and

(4) The manner in which the "insured"

first became aware of the circumstance. Any subsequent "claim" arising out of any 

circumstance which is the subject of such 

a written notice will be deemed to have

been made at the time written notice in 

compliance with these requirements was

first received by us. b. If a "claim" is brought against any "insured", you must:

(1) Immediately record the specifics of

the "claim" and the date received;

and

(2) Provide us with written notice, as

soon as practicable, but in no event 

more than 60 days after the date the "claim" is first received by you.

(3) Immediately send us copies of any 

demands, notices, summonses or legal papers received in connection 

with the "claim";

(4) Authorize us to obtain records and 

other information;

(5) Cooperate with us in the investigation, settlement or defense of the "claim";

(6) Assist us, upon our request, in the 

enforcement of any right against any 

person or organization which may be

liable to you because of "loss" to 

which this insurance may also apply; 

and

(7) Not take any action, or fail to take any 

required action, that prejudices your 

rights or our rights with respect to 

such "claim". c. In the event of a "computer attack" covered under Insuring Agreement A - Computer Attack, you must see that the following are done:

(1) Notify the police if a law may have 

been broken.

(2) Notify us as soon as practicable, but

in no event more than 60 days after 

the "computer attack". Include a description of any property involved.

(3) As soon as possible, give us a description of how, when and where the "computer attack" occurred.

(4) As often as may be reasonably required, permit us to:

(a) Inspect the property proving the

"computer attack";

(b) Examine your books, records, electronic media and records

and hardware;

(c) Take samples of damaged and

undamaged property for inspection, testing and analysis; and

(d) Make copies from your books, records, electronic media and

records and hardware.

(5) Send us signed, sworn proof of loss

containing the information we request 

to investigate the "computer attack". You must do this within 60 days after 

our request. We will supply you with 

the necessary forms.

(6) Cooperate with us in the investigation 

or settlement of the "computer attack".

(7) If you intend to continue your business, you must resume all or part of

your operations as quickly as possible.

(8) Make no statement that will assume 

any obligation or admit any liability, 

for any "loss" for which we may be liable, without our prior written consent.

(9) Promptly send us any legal papers or 

notices received concerning the "computer attack" or "loss". d. We may examine any "insured" under 

oath, while not in the presence of any other "insured" and at such times as may be 

reasonably required, about any matter relating to this insurance or the "claim" or "loss", including an "insured's" books and 

records. In the event of an examination, 

an "insured's" answers must be signed.

e. No "insured" may, except at their own

cost, voluntarily make a payment, assume 

any obligation, or incur any expense without our prior written consent.

4. Legal Action Against Us

a. No person or organization has a right:

(1) To join us as a party or otherwise 

bring us into a suit asking for damages from an "insured"; or

(2) To sue us under this Coverage Part 

unless all of its terms have been fully 

complied with.

A person or organization may sue us to 

recover on an agreed settlement or on a 

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final judgment against an "insured"; but 

we will not be liable for damages that are 

not payable under this Coverage Part, or 

that are in excess of the applicable Aggregate Limit of Insurance. An agreed settlement means a settlement and release 

of liability signed by us, the first "named

insured" and the claimant or the claimant's legal representative. b. You may not bring any legal action 

against us involving "loss":

(1) Unless you have complied with all the 

terms of this insurance;

(2) Until 90 days after you have filed 

proof of "loss" with us; and

(3) Unless brought within 2 years from 

the date you reported the "claim" or "loss" to us.

If any limitation in this condition is prohibited by

law, such limitation is amended so as to equal 

the minimum period of limitation provided by

such law. 5. Liberalization

If, within 60 days prior to the beginning of this 

Coverage Part or during the "policy period", we 

make any changes to any forms or endorsements of this Coverage Part for which there is 

currently no separate premium charge, and 

that change provides more coverage than this

Coverage Part, the change will automatically

apply to this Coverage Part at the latter of:

a. The date we implemented the change in 

your state; or

b. The date this Coverage Part became effective; and

will be considered as included until the end of

the current "policy period". We will make no 

additional premium charge for this additional 

coverage during the interim. 6. Office of Foreign Assets Control (OFAC) 

Compliance

Whenever insurance coverage provided by

this policy would be in violation of any United 

States economic or trade sanctions, such insurance coverage shall be null and void.

7. Other Insurance

a. If any covered "loss" is covered by any 

other valid policy, then this Coverage Part 

shall apply only in excess of the amount 

of any deductible, retention and limit of insurance under such other policy whether 

such other policy is stated to be primary, 

contributory, excess, contingent or otherwise, unless such other policy is written 

specifically excess of this Coverage Part 

by reference in such other policy to this

policy's policy number. b. When this insurance is excess, we will 

have no duty to defend the "insured" against any "claim" if any other insurer 

has a duty to defend the "insured" against 

that "claim". But we will have the right to 

associate in the defense and control of 

any "claim" that we reasonably believe is 

likely to involve the insurance provided 

under this Coverage Part. If no other insurer defends, we will undertake to do so, 

but we will be entitled to the "insured's"

rights against all those other insurers. 8. Representations

You represent that all information and statements contained in any application or questionnaire submitted in connection with this 

Coverage Part are true, accurate and complete. All such information and statements are 

the basis for our issuing this Coverage Part 

and shall be considered as incorporated into 

and shall constitute a part of this Coverage 

Part. Misrepresentation or omission of any material fact may be grounds for the rescission of 

this Coverage Part.

9. Separation of Insureds

Except with respect to the applicable Limit of 

Insurance, and any rights or duties specifically

assigned in this Coverage Part or the policy to 

which it is attached, to the first "named insured", this insurance applies separately to

each "insured" against whom "claim" is made.

10. Services

The following conditions apply as respects any

services provided to you by any service firm 

provided or paid for in whole or in part under 

this Coverage Part:

a. The effectiveness of such services depends on your cooperation and assistance. b. We do not warrant or guarantee that the 

services will end or eliminate all problems

associated with the covered events. 11. Subrogation

With respect to any payment under this Coverage Part on behalf of any "insured", we shall

be subrogated to the "insured's" rights of recovery to the extent of such payment. The "insured" shall execute all papers required and 

shall do everything necessary to secure and 

preserve such rights, including the execution

of such documents necessary to enable us to

bring suit in the "insured's" name. Any recoveries, less the cost of obtaining them, will be distributed as follows:

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a. To you, until you are reimbursed for any

"loss" you sustain that exceeds the sum of 

the applicable Aggregate Limit of Insurance and the Deductible Amount, if any;

b. Then to us, until we are reimbursed for 

the payment under this Coverage Part;

c. Then to you, until you are reimbursed for 

that part of the payment equal to the Deductible Amount, if any.

12. Valuation - Settlement

All premiums, Limits of Insurance, Deductible 

Amounts, "loss" and any other monetary

amounts under this Coverage Part are expressed and payable in the currency of the 

United States of America. If judgment is rendered, settlement is agreed to or another 

component of "loss" under this Coverage Part 

is expressed in any currency other than United

States of America dollars, payment under this 

Coverage Part shall be made in United States 

dollars at the rate of exchange published in

The Wall Street Journal on the date the final 

judgment is entered, settlement amount is 

agreed upon, or the other component of "loss"

is due, respectively. 13. When We Do Not Renew

If we decide not to renew this Coverage Part, 

we will mail or deliver to the first "named insured" shown in the Declarations written notice 

of the nonrenewal not less than 30 days before 

the expiration date.

If notice is mailed, proof of mailing will be sufficient proof of notice.

SECTION V - EXTENDED REPORTING PERIODS

The provisions contained within this Section apply

only to Insuring Agreement B - Network Security

and Electronic Media Liability. 1. You shall have the right to the Extended Reporting Periods described in this section, in the

event that:

a. You or we cancel this Coverage Part;

b. You or we refuse to renew this Coverage 

Part; or

c. We renew this Coverage Part on other 

than a claims-made basis or with a retroactive date later than the Retroactive Date 

shown in the Declarations. 2. If an event as specified in Paragraph 1. has

occurred, you shall have the right to the following:

a. An Automatic Extended Reporting Period 

of 90 days after the effective date of cancellation or nonrenewal at no additional 

premium in which to give to us written notice of a "claim" of which you first receive

notice during said Automatic Extended 

Reporting Period for any "wrongful act" occurring on or after the Retroactive Date 

shown in the Declarations and before the 

end of the "policy period" and which is

otherwise covered by this Coverage Part; 

and

b. Upon payment of the additional premium 

stated in the Declarations, a Supplemental Extended Reporting Period for the 

term stated in the Supplemental Extended 

Reporting Period Endorsement will be 

provided immediately following the effective date of cancellation or nonrenewal in

which to give to us written notice of a "claim" of which you first receive notice 

during said Supplemental Extended Reporting Period for any "wrongful act" occurring on or after the Retroactive Date 

shown in the Declarations and before the

end of the "policy period" and which is

otherwise covered by this Coverage Part.

To obtain the Supplemental Extended 

Reporting Period, you must request it in 

writing and pay the additional premium 

due, within 60 days of the effective date of

cancellation or nonrenewal. The additional

premium for the Supplemental Extended 

Reporting Period shall be fully earned at 

the inception of the Supplemental Extended Reporting Period. If we do not receive the written request as required, you 

may not exercise this right at a later date.

c. The Network Security and Electronic Media Liability Limit for the Extended Reporting Periods shall be part of, and not in addition to, the Network Security and Electronic Media Liability Limit for the immediately preceding "coverage term". SECTION VI - DEFINITIONS

1. "Actual cash value" means replacement cost 

less a deduction that reflects depreciation, 

age, condition and obsolescence. 2. "Bodily injury" means bodily harm or injury, sickness, disease, disability, humiliation, 

shock, fright, mental anguish or mental injury, 

including care, loss of services or death resulting from any of these at any time. 3. "Business income loss" means the sum of the:

a. Net income (net profit or loss before income taxes) that would have been earned 

or incurred; and

b. Continuing normal and necessary operating expenses incurred, including "employ- ee" and "executive" payroll,

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actually lost by you during the "period of restoration". 4. "Claim":

a. Means a civil proceeding against an "insured" in which damages are alleged arising from a "wrongful act" or a series of "interrelated" "wrongful acts" allegedly committed by an "insured", including any appeal therefrom. b. "Claim" includes:

(1) An arbitration or alternative dispute 

resolution proceeding that the "insured" is required to submit to or 

does submit to with our consent; or

(2) A written demand for money, when 

such demand could reasonably result 

in a civil proceeding as described in 

this definition. c. Does not include any demand or action

brought by or on behalf of someone who 

is:

(1) Your "executive";

(2) Your owner or part-owner; or

(3) A holder of your securities;

in their capacity as such, whether directly, derivatively, or by class action. 5. "Computer attack" means one of the following

involving the "computer system":

a. An "unauthorized access incident";

b. A "malware attack";

c. A "denial of service attack" against a "computer system"; or

d. A "cyber extortion threat". 6. "Computer system" means a computer or other electronic hardware that:

a. Is owned or leased by you and operated 

under your control; or

b. Is operated by a third party service provider and used for the purpose of providing hosted computer application services

to you or for processing, maintaining, 

hosting or storing your electronic data, 

pursuant to a written contract with you for 

such services, but such computer or other 

electronic hardware operated by such 

third party shall only be considered to be a "computer system" with respect to the 

specific services provided by such third 

party to you under such contract.

7. "Coverage term" means the following individual increment, or if a multi-year "policy period", 

increments, of time, which comprise the "policy period" of this Coverage Part:

a. The year commencing on the Effective 

Date of this Coverage Part at 12:01 AM

standard time at your mailing address

shown in the Declarations, and if a multi- year "policy period", each consecutive annual period thereafter, or portion thereof if 

any period is for a period of less than 12 

months, constitute individual "coverage 

terms". The last "coverage term" ends at 

12:00 AM standard time at your mailing 

address shown in the Declarations on the 

earlier of:

(1) The day the "policy period" shown in

the Declarations ends; or

(2) The day the policy to which this Coverage Part is attached is terminated 

or cancelled.

b. However, if after the issuance of this Coverage Part, any "coverage term" is extended for an additional period of less

than 12 months, that additional period of 

time will be deemed to be part of the last 

preceding "coverage term". 8. "Coverage territory" means:

a. With respect to Insuring Agreement A - Computer Attack:

Anywhere in the world, but "loss" must involve a "computer system" within the 

United States (including its territories and 

possessions), Puerto Rico or Canada.

b. With respect to Insuring Agreement B - Network Security and Electronic Media Liability:

Anywhere in the world, however, "claims" must be brought in the United States (including its territories and possessions), 

Puerto Rico or Canada. 9. "Cyber extortion expenses" means:

a. The cost of a negotiator or investigator retained by you in connection with a "cyber 

extortion threat"; and

b. Any amount paid by you in response to a "cyber extortion threat" to the party that 

made the "cyber extortion threat" for the 

purposes of eliminating the "cyber extortion threat";

when such expenses are necessary and reasonable and arise directly from a "cyber extortion threat". The payment of "cyber extortion

expenses" must be approved in advance by

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vance by us. We will not unreasonably withhold our approval.

10. "Cyber extortion threat" means a demand for 

money from you based on a credible threat, or 

series of related credible threats, to:

a. Launch a "denial of service attack" against the "computer system";

b. Gain access to a "computer system" and

use that access to steal, release or publish "personally identifying information", "personally sensitive information" or "third 

party corporate data";

c. Alter, damage or destroy electronic data 

or software while such electronic data or 

software is stored within a "computer system";

d. Launch a "computer attack" against a "computer system" in order to alter, damage or destroy electronic data or software 

while such electronic data or software is

stored within a "computer system";

e. Cause the "insured" to transfer, pay or deliver any funds or property using a "computer system" without your authorization;

or

f. Inflict "ransomware" on a "computer system".

"Cyber extortion threat" does not include any 

threat made in connection with a legitimate 

commercial dispute. 11. "Data re-creation costs":

a. "Data re-creation costs" means the costs 

of an outside professional firm hired by 

you to research, re-create and replace data that has been lost or corrupted and for 

which there is no electronic source available or where the electronic source does

not have the same or similar functionality

to the data that has been lost or corrupted.

b. "Data re-creation costs" also means your 

actual "business income loss" and your 

necessary and reasonable "extra expenses" arising from the lack of the lost or corrupted data during the time required to research, re-create and replace such data. c. "Data re-creation costs" does not mean 

costs to research, re-create or replace:

(1) Software programs or operating systems that are not commercially available; or

(2) Data that is obsolete, unnecessary or 

useless to you.

12. "Data restoration costs":

a. Means the costs of an outside professional firm hired by you to replace electronic data that has been lost or corrupted. In order to be considered "data restoration costs", such replacement must be 

from one or more electronic sources with 

the same or similar functionality to the data that has been lost or corrupted.

b. Does not include costs to research, restore or replace:

(1) Software programs or operating systems that are not commercially available; or

(2) Data that is obsolete, unnecessary or 

useless to you. 13. "Defense costs":

a. Means reasonable and necessary expenses resulting solely from the investigation, defense and appeal of any "claim" against an "insured". Such expenses may 

be incurred by us. Such expenses may

include premiums for any appeal bond, attachment bond or similar bond. However, 

we have no obligation to apply for or furnish such bond. b. Does not include the salaries or wages of

your "employees" or "executives", or your 

loss of earnings.

14. "Denial of service attack" means an intentional 

attack against a target computer or network of 

computers designed to overwhelm the capacity of the target computer or network in order to 

deny or impede authorized users from gaining 

access to the target computer or network

through the internet.

15. "Electronic media incident" means the display

of information in electronic form by you on a 

website or in an "insured's" email that resulted

in an allegation of:

a. Infringement of another's copyright, title, slogan, trademark, trade name, trade 

dress, service mark or service name;

b. Defamation against a person or organization that is unintended;

c. A violation of a person's right of privacy, 

including false light and public disclosure 

of private facts; or

d. Interference with a person's right of publicity.

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16. "Employee" means any natural person, other 

than an "executive", who was, now is or will 

be:

a. Employed on a full- or part-time basis by 

you;

b. Furnished temporarily to you to substitute 

for a permanent "employee" on leave or to 

meet seasonal or short-term workload 

conditions;

c. Leased to you by a labor leasing firm under an agreement between you and the 

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.; or

d. Your volunteer worker, which includes 

unpaid interns. 17. "Executive" means any natural person who 

was, now is or will be:

a. The owner of a sole proprietorship that is

a "named insured"; or

b. A duly elected or appointed:

(1) Director;

(2) Officer;

(3) Managing Partner;

(4) General Partner; 

(5) Member (if a limited liability company);

(6) Manager (if a limited liability company); or

(7) Trustee, of a "named insured". 18. "Extra expense" means the additional cost you 

incur to operate your business during the "period of restoration" over and above the cost 

that you normally would have incurred to operate your business during the same period had 

no "computer attack" occurred.

19. "Insured" means:

a. With respect to Insuring Agreement A - Computer Attack any "named insured". b. With respect to Insuring Agreement B - Network Security and Electronic Media Liability:

(1) Any "named insured"; and

(2) Any "employee" or "executive" of a "named insured", but:

(a) Only for the conduct of the

"named insured's" business within the scope of his or her employment or duties as an "executive"; and

(b) Such "employee" or "executive" shall not be an "insured" to the

extent his or her actions or 

omissions are criminal, fraudulent, dishonest or constitute an

intentional or knowing violation of

the law.

20. "Interrelated" means all events or incidents

that have as a common nexus any:

a. Fact, circumstance, situation, event, 

transaction, cause; or 

b. Series of causally connected facts, circumstances, situations, events, transactions or causes. 21. "Loss" means:

a. With respect to Insuring Agreement A - Computer Attack:

Those expenses enumerated in Section I, A., Paragraph 1.b. b. With respect to Insuring Agreement B - Network Security and Electronic Media Liability:

(1) "Defense costs"; and

(2) "Settlement costs". 22. "Malware attack" means an attack that damages a "computer system" or data contained 

therein arising from malicious code, including 

viruses, worms, Trojans, spyware and keyloggers. This does not mean damage from shortcomings or mistakes in legitimate electronic 

code or damage from code installed on your "computer system" during the manufacturing

process or normal maintenance.

23. "Named insured" means the entity or entities

shown in the Declarations as a Named Insured. 24. "Network security incident" means a negligent 

security failure or weakness with respect to a "computer system" which allowed one or more

of the following to happen:

a. The unintended propagation or forwarding 

of malware, including viruses, worms, Trojans, spyware and keyloggers. Malware does not include shortcomings or 

mistakes in legitimate electronic code.

b. The unintended abetting of a "denial of

service attack" against one or more other 

systems.

c. The unintended loss, release or disclosure of "third party corporate data".

CIC0226

Case: 1:20-cv-04636 Document #: 9-1 Filed: 10/09/20 Page 227 of 327 PageID #:272
Includes copyrighted material of Insurance

HC 103 01 18 Services Office, Inc., with its permission. Page 13 of 14

25. "Period of restoration" means the period of

time that begins at the time that the "computer 

attack" is discovered by you and continues until the earlier of:

a. The date that all data restoration, data re- creation and system restoration directly 

related to the "computer attack" has been 

completed; or

b. The date on which such data restoration, 

data re-creation and system restoration

could have been completed with the exercise of due diligence and dispatch.

26. "Personally identifying information" means information, including health information, that 

could be used to commit fraud or other illegal 

activity involving the credit, access to health 

care or identity of an individual. This includes, but is not limited to, Social Security numbers

or account numbers.

"Personally identifying information" does not

mean or include information that is otherwise 

available to the public, such as names and 

addresses. 27. "Personally sensitive information" means private information specific to an individual the 

release of which requires notification of affected individuals under any applicable law.

"Personally sensitive information" does not 

mean or include "personally identifying information". 28. "Policy period" means the cumulative total of 

each individual "coverage term" comprising

the period of time from the inception date of 

this Coverage Part shown in the Declarations 

to the expiration date shown in the Declarations, or its earlier cancellation or termination 

date.

29. "Property damage" means:

a. Physical injury to or destruction of tangible 

property including all resulting loss of use; 

or

b. Loss of use of tangible property that is not 

physically injured. 30. "Ransomware" means any software that is

used to demand a ransom payment by:

a. Restricting access to a "computer system"; or

b. Encrypting data held within a "computer 

system". 31. "Settlement costs":

a. Means the following, when they arise from 

a "claim":

(1) Damages (including punitive and exemplary damages and the multiple 

portion of any multiplied damage

award), judgments or settlements;

(2) Attorney's fees and other litigation 

costs added to that part of any judgment paid by us, when such fees and 

costs are awarded by law or court order; and

(3) Pre-judgment interest on that part of 

any judgment paid by us. b. Does not include:

(1) Civil or criminal fines or penalties imposed by law;

(2) Taxes; or

(3) Matters which may be deemed uninsurable under the applicable law.

c. With respect to punitive, exemplary and 

multiplied damages, the law of the jurisdiction most favorable to the insurability of 

those fines, penalties or damages shall 

control for the purpose of resolving any

dispute between us and any "insured" regarding whether the fines, penalties or 

damages specified in this definition above 

are insurable under this Coverage Part, 

provided that such jurisdiction:

(1) Is where those fines, penalties or 

damages were awarded or imposed;

(2) Is where any "personal data compromise" took place for which such fines,

penalties or damages were awarded

or imposed;

(3) Is where you are incorporated or you 

have your principal place of business; 

or

(4) Is where we are incorporated or have 

our principal place of business. 32. "System restoration costs":

a. Means the costs of an outside professional firm hired by you to do any of the 

following in order to restore your "computer system" to its pre- "computer attack"

level of functionality:

(1) Replace or reinstall computer software programs;

(2) Remove any malicious code; and

(3) Configure or correct the configuration 

of your "computer system". b. Does not include:

(1) Costs to increase the speed, capacity 

or utility of your "computer system";

CIC0227

Case: 1:20-cv-04636 Document #: 9-1 Filed: 10/09/20 Page 228 of 327 PageID #:273
Includes copyrighted material of Insurance

HC 103 01 18 Services Office, Inc., with its permission. Page 14 of 14

(2) Labor of your "employees" or "executives";

(3) Any costs in excess of the "actual 

cash value" of your "computer system"; or

(4) Costs to repair or replace hardware.

33. "Third party corporate data" means any trade

secret, data, design, interpretation, forecast, 

formula, method, practice, credit or debit card 

magnetic strip information, process, record, 

report or other item of information of a third 

party not an "insured" under this Coverage

Part which is not available to the general public and is provided to the "named insured" subject to a mutually executed written confidentiality agreement or which the "named insured" is

legally required to maintain in confidence; 

however, "third party corporate data" shall not 

include "personally identifiable information" or "personally sensitive information". 34. "Unauthorized access incident" means the 

gaining of access to a "computer system" by:

a. An unauthorized person or persons; or

b. An authorized person or persons for unauthorized purposes. 35. "Wrongful act" means:

a. An "electronic media incident"; or

b. A "network security incident".

CIC0228

Case: 1:20-cv-04636 Document #: 9-1 Filed: 10/09/20 Page 229 of 327 PageID #:274
Includes copyrighted material of Insurance

HC 461 IL 01 18 Services Office, Inc., with its permission. Page 1 of 2

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

ILLINOIS CHANGES - CINCINNATI NETWORK

DEFENDER

TM COVERAGE PART

This endorsement modifies insurance provided under the following:

CINCINNATI NETWORK DEFENDERTM COVERAGE PART

A. SECTION II - LIMITS OF INSURANCE AND 

DEDUCTIBLE is amended to delete in its entirety Paragraph B. and replace it with the following:

B. Insuring Agreement B - Network Security and Electronic Media Liability

1. Except for pre and post-judgment interest, the most we will pay under Insuring Agreement B - Network Security and Electronic Media Liability is

the Network Security and Electronic

Media Liability Aggregate Limit of Insurance stated in the Declarations. 2. The Network Security and Electronic

Media Liability Aggregate Limit of Insurance is an annual aggregate limit. 

This amount is the most we will pay 

for the total of all "loss" covered under Insuring Agreement B - Network

Security and Electronic Media Liability (other than pre and post-judgment 

interest) arising out of all "claims". 3. The Network Security and Electronic

Media Liability Aggregate Limit of Insurance for the Extended Reporting 

Periods (if applicable) shall be part 

of, and not in addition to, the Network

Security and Electronic Media Liability Aggregate Limit of Insurance for 

the immediately preceding "coverage 

term". 4. The Insuring Agreement B - Network

Security and Electronic Media Liability coverage is subject to the Network

Security and Electronic Media Liability Deductible stated in the Declarations. You shall be responsible for the 

applicable deductible amount as respects "loss" arising from each

"claim" covered under this Coverage

Part. We may, at our option, pay any 

part or all of the deductible amount to 

defend or effect settlement of any "claim" or "loss" and, upon notification of the action taken, you shall 

promptly reimburse us for such part 

of the deductible amount as has been 

paid by us. B. SECTION III - DEFENSE AND SETTLEMENT

is amended by deleting Paragraph 4. in its entirety and replacing it with the following:

4. We shall pay all interest on that amount of 

any judgment within the Insuring Agreement B - Network Security and Electronic

Media Liability Limit of Insurance which 

accrues:

a. Before entry of judgment; or

b. After entry of judgment but before we

pay, offer to pay or deposit in court 

that part of the judgment within the 

Insuring Agreement B - Network Security and Electronic Media Liability

Limit of Insurance or, in any case, before we pay or offer to pay the entire 

Insuring Agreement B - Network Security and Electronic Media Liability

Limit of Insurance.

These interest payments shall be in addition to and not part of the Network Security and Electronic Media Liability Limit of 

Insurance. C. The following is added to SECTION IV - CONDITIONS, 4. Legal Action Against Us:

The 2 year period for legal action against us is 

extended by the number of days between the 

date the proof of "loss" is filed with us and the 

date we deny the "claim" in whole or in part.

D. SECTION IV - CONDITIONS is amended to 

delete in its entirety Condition 6. and replace it 

with the following:

6. Office of Foreign Assets Control 

(OFAC) Compliance

Whenever insurance coverage provided 

by this policy would be in violation of any

United States economic or trade sanctions, such insurance coverage will not be 

provided.

CIC0229

Case: 1:20-cv-04636 Document #: 9-1 Filed: 10/09/20 Page 230 of 327 PageID #:275
Includes copyrighted material of Insurance

HC 461 IL 01 18 Services Office, Inc., with its permission. Page 2 of 2

E. SECTION IV - CONDITIONS is amended to

delete in its entirety Paragraph 7. and replace

it with the following:

7. Other Insurance

If any "loss" resulting from any "claim" is

insured by any other valid policy, we shall 

not be liable under this policy for a greater 

proportion of such "loss" than the applicable Limit of Insurance stated in the Declarations bears to the total applicable limit of 

liability of all valid and collectible insurance against such "loss", unless such

other insurance is purchased specifically

to apply in excess of the Limit of Liability

stated in the Declarations of this policy. F. SECTION IV - CONDITIONS is amended to

delete in its entirety Condition 8. and replace it 

with the following:

8. Representations

You represent that all information and 

statements contained in any application or 

questionnaire submitted in connection

with this Coverage Part are true, accurate

and complete. All such information and 

statements are the basis for our issuing 

this Coverage Part and shall be considered as incorporated into and shall constitute a part of this Coverage Part. Misrepresentation or omission of any material 

fact may be grounds for the rescission of

the policy if such misrepresentation is

made with actual intent to deceive or materially affects either the acceptance of the 

risk or the hazard assumed by the company. G. The following is added to SECTION V - EXTENDED REPORTING PERIODS 2.b.:

You shall have the option to purchase a 12

month Extended Reporting Period to replace 

the 90 day Automatic Extended Reporting Period for an additional premium equal to 75% of 

the expiring annual premium for the applicable 

Coverage Part.

H. The following is added to definition 10. "Defense costs"in SECTION VI - DEFINITIONS: 

"Defense costs": 

c. Do not include the salaries of our employ- ees or the salaries of your staff attorneys.

I. SECTION VI - DEFINITIONS is amended by

deleting definition 31. "Settlement costs" in its

entirety and replacing it with the following:

31. "Settlement costs":

a. Means the following, when they arise 

from a "claim":

(1) Damages (including punitive and 

exemplary damages and the

multiple portion of any multiplied

damage award), judgments or 

settlements; and

(2) Attorney's fees and other litigation costs added to that part of

any judgment paid by us, when

such defense fees and costs are

awarded by law or court order.

b. Do not include:

(1) Civil or criminal fines or penalties

imposed by law;

(2) Taxes; or

(3) Matters which may be deemed

uninsurable under the applicable 

law.

c. With respect to punitive, exemplary 

and multiplied damages, the law of

the juris- diction most favorable to the 

insurability of those fines, penalties or 

damages shall control for the purpose of resolving any dispute between us and any "insured" regarding

whether the fines, penalties or damages specified in this definition above 

are insurable under this Coverage 

Part, provided that such jurisdiction: 

(1) Is where those fines, penalties or 

damages were awarded or imposed; 

(2) Is where any "personal data 

compromise" took place for

which such fines, penalties or 

damages were awarded or imposed; 

(3) Is where you are incorporated or 

you have your principal place of

business; or 

(4) Is where we are incorporated or 

have our principal place of business. However, in no event will the punitive, exemplary damages or the multiplied 

portion of any multiplied damages be 

insurable under this contract of insurance with respect to a "claim" brought

against an Illinois domiciled insured 

in an Illinois state court, except to the

extent such damages are insurable 

under Illinois law. Illinois law dictates

that an insurer may not reimburse an 

insured for punitive damages assessed as a result of the insured's 

own misconduct. 

CIC0230

Case: 1:20-cv-04636 Document #: 9-1 Filed: 10/09/20 Page 231 of 327 PageID #:276
THE CINCINNATI INSURANCE COMPANY 0244-10677

THE CINCINNATI CASUALTY COMPANY 0244-28665

THE CINCINNATI INDEMNITY COMPANY 0244-23280

AUTOMOBILE LIABILITY I.D. CARD

State Date Processed

Policy No. Effective Date Expiration Date

Insured:

MOTOR VEHICLE INSURED

Year Make

Vehicle Identification No. Signature

IN CASE YOU HAVE AN ACCIDENT. . . CALL YOUR AGENT. . .

The Cincinnati Insurance Company

The Cincinnati Casualty Company

The Cincinnati Indemnity Company

KEEP THIS CARD

IN YOUR MOTOR VEHICLE

WHILE IN OPERATION

We can serve you better if you... 1. Report all claims immediately to the police and to your

agent.

2. Get the names, addresses, and telephone numbers of

all drivers, owners, and occupants of the other cars involved.

3. Get the names, addresses, and telephone numbers of

any witnesses.

4. Do not accept responsibility or discuss the accident with

anyone except a police officer or a representative of this

Company.

SUPPLEMENTARY PAYMENTS

This Company agrees, through its Representative or otherwise, to pay premiums or costs on bonds to release attachments, also, the premium on or cost of bail bonds not

to exceed the limit per bail bond listed in "supplementary

payments" in the policy. The Company has no obligation

to apply for or furnish any such bonds.

CONSULT YOUR POLICY FOR ACTUAL COVERAGE IN

FORCE ON SPECIFIC VEHICLES. EXAMINE POLICY 

EXCLUSIONS CAREFULLY. THIS FORM DOES NOT

CONSTITUTE ANY PART OF YOUR INSURANCE POLICY.

EXCLUDED DRIVERS:

P.O. Box 145496, Cincinnati, OH, 45250-5496

(513) 870-2000 AA 4122 IL (10/06) SERVICE TO YOU IS OUR MAIN CONCERN

(cut along line)

X

IL 01-02-2019

ETA 051 52 30 12-12-2018 12-12-2019

THE BEND HOTEL DEVELOPMENT COMPANY LLC

111 BEND BLVD

EAST MOLINE, IL 61244-5501

2018 FORD TRANSIT

1FBZX2CM0JKB22543

ARTHUR J. GALLAGHER RISK MANAGEMENT SERVICES,

220 EMERSON PL STE 200

DAVENPORT, IA 52801-1699

563-322-3521

CIC0231

Case: 1:20-cv-04636 Document #: 9-1 Filed: 10/09/20 Page 232 of 327 PageID #:277
IA 4443 04 14

The Cincinnati Insurance Company

The Cincinnati Casualty Company

The Cincinnati Indemnity Company

Policy Number:

Effective Date:

Named Insured:

For professional advice and policy questions or changes, please contact your local independent agency:

Dear Policyholder:

Thank you

Thank you for trusting The Cincinnati Insurance Companies with your commercial insurance coverage. We 

recognize that locally based independent agents have the working knowledge to help you choose the right 

insurance company for your needs. Together with your local independent insurance agency, we are committed

to providing you with the highest level of service.

Please review your enclosed policy information to verify your coverage details, as well as deductibles and

coverage amounts. Should your needs change, your agent is available to review and update your policy.

Please promptly report claims

If you experience a policy-related loss, you may report it by contacting your local professional independent

agency representing The Cincinnati Insurance Companies or by directly calling us toll-free at 877-242-2544

and providing your policy number and claim-related information.

Sincerely,

Sean M. Givler

Senior Vice President - Commercial Lines

ETD 051 52 30

12-12-2018

THE BEND HOTEL DEVELOPMENT COMPANY LLC

ARTHUR J. GALLAGHER RISK MANAGEMENT

SERVICES, INC.

220 EMERSON PL STE 200

DAVENPORT, IA 52801-1699

563-322-3521

CIC0232

Case: 1:20-cv-04636 Document #: 9-1 Filed: 10/09/20 Page 233 of 327 PageID #:278
IA4463 (01/16)

The Cincinnati Insurance Company n The Cincinnati Indemnity Company

The Cincinnati Casualty Company

Today's Date:

To:

Policy Number:

Expiration Date:

Agency:

Data breach and identity recovery support and resources included with your insurance policy

Dear Policyholder:

Your policy includes Cincinnati Data DefenderTM coverage for an additional premium, helping to safeguard

your business against the rising costs of a data breach and offering services to assist you in the event of

identity theft. Please save this information so you can access all the tools and resources that come with your 

cyber protection coverage. Refer to Cincinnati Data Defender Coverage Form, HC102, for a complete 

statement of coverages, exclusions and limits of insurance.

Policyholder tools and resources

Data breach portal - You gain access to www.eriskhub.com/cic, a website that provides you with the

comprehensive, on-demand resources you need to:

• Prepare in advance:

- Access online resources when you need them

- Create your breach response plan from the template 

- Learn about breach laws that apply to your business

• Review risk management resources:

- Use the compliance reference guide and notification letter examples

- Locate credit bureau and government agency notification information

- Learn how to contact data risk management experts for more help

• Manage your breach response:

- Call the help line for breach information and assistance

- Arrange assistance with notification letters

- Access public relations resources to help you respond to the media

The first time you visit this website, please complete new user registration using this information:

Access code = 12116-868

Identity theft services – You also receive case management services and reimbursement for covered 

expenses if you, as a business owner, become the victim of identity theft or account takeover. If you suspect 

that you may be an identity theft victim or you have questions, please call our Identity Recovery Help Line, 866-219-9831.

01-02-2019

THE BEND HOTEL DEVELOPMENT COMPANY LLC

ETD 051 52 30

12-12-2021

ARTHUR J. GALLAGHER RISK MANAGEMENT SERVICES, INC. 14-001

CIC0233

Case: 1:20-cv-04636 Document #: 9-1 Filed: 10/09/20 Page 234 of 327 PageID #:279
Page 2 of 2

IA4463 (01/16)

Claims services

If you suspect or know that a data breach may have exposed or compromised your organization's private, customer or personal data, a swift response is critical for your protection. Please note that the Web portal and

help line provide advice and information, and using them does not satisfy any notice of claim requirement. The 

only way to report a claim is to contact your independent agent or call us directly, 877-242-2544. Your agent 

and Cincinnati Insurance will work with you to preserve your company's goodwill, prevent regulatory sanctions

or fines, avoid civil litigation and safeguard your business reputation.

Please contact your agent representing Cincinnati with questions about this valuable coverage.

Thank you for trusting your agent and Cincinnati to protect your business.

Sincerely,

Commercial Lines

COMMERCIAL LINES DEPARTMENT

CIC0234

Case: 1:20-cv-04636 Document #: 9-1 Filed: 10/09/20 Page 235 of 327 PageID #:280
MI1302 06 11

 ̈ The Cincinnati Insurance Company

 ̈ The Cincinnati Casualty Company

 ̈ The Cincinnati Indemnity Company

COMMERCIAL LINES DEPARTMENT SPECIAL REQUEST

Date: 

Insured:

Policy Number:

To Agent:

 ̈ 1. Coverage has been issued subject to satisfactory driver information. Please complete the enclosed

form(s) and return promptly.

 ̈ 2. Please return one signed copy of the enclosed endorsement. 

 ̈ 3. Please countersign the enclosed policy and return to the producer of record in the enclosed envelope.

 ̈ 4. The MVR(s) for has been returned from the state

showing the license number is incorrect. Please forward the correct driver's license number(s) or 

Social Security number (GA, IN, IA, KY, OH, VA).  ̈ 5. The state requires us to report the complete VIN. Please supply us with the entire VIN for every

vehicle.  ̈ 6. Please forward a signed Statement of Values. This is required whenever Blanket Insurance or 

Agreed Valued coverage is written.  ̈ 7. A completed application is required. Please submit as soon as possible.

 ̈ 8. We suggest that you send a letter to the insured making them aware of the endorsement and the 

consequences of its application.  ̈ 9. This policy / endorsement has been issued subject to rate. We have ordered the loss costs, and we 

will endorse the policy when we receive them.  ̈ 10. Please complete and forward the FA-492, Actual Loss Sustained Business Income Worksheet. These are required annually.

 ̈ 11. Please forward a photograph of the building located at .  ̈ 12. The property (Loc. Number Item Number ) doesn't appear to be insured to value.

Please advise how you determined the current limits.  ̈ 13. Please let us know when the following were updated for each building over 25 years old:

Bldg. Yr. built Electrical Heating Plumbing Roof

Bldg. Yr. built Electrical Heating Plumbing Roof

 ̈ 14. Please find enclosed an Excess UM/UIM Selection Form(s) to be completed and signed by the

insured.

Forms attached for Commercial Umbrella and any related Personal Umbrella(s):

Thank you.

Cordially,

X

01-02-2019

THE BEND HOTEL DEVELOPMENT COMPANY LLC

ETD 051 52 30 / ETA 051 52 30

ARTHUR J. GALLAGHER RISK MANAGEMENT SERVICES, INC. 14-001

X IP425

CP1515

COMMERCIAL LINES DEPARTMENT

CIC0235

Case: 1:20-cv-04636 Document #: 9-1 Filed: 10/09/20 Page 236 of 327 PageID #:281
CP 15 15 06 95 Copyright, Insurance Services Office, Inc., 1994 Page 1 of 5

BUSINESS INCOME REPORT/WORK SHEET

Date

Your Name

Location

This work sheet must be completed on an accrual basis.

The beginning and ending inventories in all calculations should be based on the same valuation method.

APPLICABLE WHEN THE AGREED VALUE COVERAGE OPTION APPLIES:

I certify that this is a true and correct report of values as required under this policy for the periods indicated

and that the Agreed Value for the period of coverage is $ ,based on a Co-insurance

percentage of %

Signature

Official Title

APPLICABLE WHEN THE PREMIUM ADJUSTMENT FORM APPLIES:

I certify that this is a true and correct report of values as required under this policy for the 12 months ended

Signature

Official Title

Agent or Broker

Mailing Address

01-02-2019

THE BEND HOTEL DEVELOPMENT COMPANY LLC

CIC0236

Case: 1:20-cv-04636 Document #: 9-1 Filed: 10/09/20 Page 237 of 327 PageID #:282
CP 15 15 06 95 Copyright, Insurance Services Office, Inc., 1994 Page 2 of 5

BUSINESS INCOME REPORT/WORK SHEET

FINANCIAL ANALYSIS

12 Month Period Estimated for 12 Month Period

Ending Beginning

Non- NonIncome and Expenses Manufacturing Manufacturing Manufacturing Manufacturing

A. Gross Sales $ $ $ $

B. DEDUCT:

Finished Stock Inventory (at

sales value) at Beginning - XXXXXX - XXXXXX

XXXXXX XXXXXX

C. ADD:

Finished Stock Inventory (at

sales value) at End + XXXXXX + XXXXXX

D. Gross Sales Value of

Production $ XXXXXX $ XXXXXX

E. DEDUCT:

Prepaid Freight - Outgoing - - - - Returns & Allowances - - - - Discounts - - - - Bad Debts - - - - Collection Expenses - - - - F. Net Sales $ $

Net Sales Value of Production $ $

G. ADD: Other Earnings from

your business operations (not

investment income or rents

from other properties):

Commissions or Rents + + + +

Cash Discounts

Received + + + +

Other + + + +

H. Total Revenues $ $ $ $

CIC0237

Case: 1:20-cv-04636 Document #: 9-1 Filed: 10/09/20 Page 238 of 327 PageID #:283
CP 15 15 06 95 Copyright, Insurance Services Office, Inc., 1994 Page 3 of 5

12 Month Period Estimated for 12 Month Period

Ending Beginning

Non- NonIncome and Expenses Manufacturing Manufacturing Manufacturing Manufacturing

Total Revenues (Line H.

from previous page $ $ $ $

I. DEDUCT:

Cost of goods sold (see next

page for instructions) - - - - Cost of services purchased

from outsiders (not your

employees) to resell, that do

not continue under contract - - - - Power, heat and refrigeration expenses that do not

continue under contract (if

CP 15 11 is attached) - - XXXXXX - - XXXXXX

All ordinary payroll expenses

or the amount of payroll

expense excluded (if

CP 15 10 is attached) - - XXXXXX - - XXXXXX

Special deductions for

mining properties (see next

page for instructions) - - - -

J.1. Business Income exposure

for 12 months $

J.2. Combined (firms engaged in

manufacturing & nonmanufacturing operations) $ $

The figures in J.1. or J.2

represent 100% of your actual

and estimated Business

Income exposure for 12 months

K. Additional Expenses:

1. Extra Expenses - form

CP 00 30 only (expenses

incurred to avoid or minimize

suspension of business & to

continue operations) $ $

2. Extended Business Income

CIC0238

Case: 1:20-cv-04636 Document #: 9-1 Filed: 10/09/20 Page 239 of 327 PageID #:284
CP 15 15 06 95 Copyright, Insurance Services Office, Inc., 1994 Page 4 of 5

and Extended Period of

Indemnity - form CP 00 30 or

CP 00 32 (loss of Business

Income following resumption

of operations, up to 30 days

or the no. of days selected

under Extended Period of

Indemnity option) + +

3. Combined (all amounts in K.1.

and K.2.) $

"Estimated" column

L. Total of J. and K. $

The figure in L. represents 100% of your estimated Business Income exposure for 12 months, and additional

expenses. Using this figure as information, determine the approximate amount of insurance needed based

on your evaluation of the number of months needed (may exceed 12 months) to replace your property, re- sume operations and restore the business to the condition that would have existed if no property damage had

occurred.

Refer to the agent or Company for information on available Coinsurance levels and indemnity options. The

Limit of Insurance you select will be shown in the Declarations of the policy.

Supplementary Information

12 Month Period Estimated for 12 Month Period

Ending Beginning

Non- NonManufacturing Manufacturing Manufacturing Manufacturing

CALCULATION OF COST OF

GOODS SOLD

Inventory at beginning of year

(Including raw material and stock

in process, but not finished

stock, for manufacturing risks) $ $ $ $

Add: The following purchase

costs: Cost of raw stock

(including transportation charges) + XXXXXX + XXXXXX

Cost of factory supplies

consumed + XXXXXX + XXXXXX

Cost of merchandise sold

including transportation charges

(for manufacturing risks, means

cost of merchandise sold but

not manufactured by you) + + + +

Cost of other supplies consumed

(including transportation charges) + + + +

Cost of goods available for sale $ $ $ $

Deduct: Inventory at end of year

(Including raw material and stock

in process, but not finished

stock, for manufacturing risks) - - - - Costs of Goods Sold (Enter this

figure in Item I. on previous page $ $ $ $

CIC0239

Case: 1:20-cv-04636 Document #: 9-1 Filed: 10/09/20 Page 240 of 327 PageID #:285
CP 15 15 06 95 Copyright, Insurance Services Office, Inc., 1994 Page 5 of 5

CALCULATION OF SPECIAL

DEDUCTIONS - MINING PROPERTIES

Royalties, unless specifically

included in coverage $ $

Actual depletion, commonly known

as unit or cost depletion (not

percentage depletion) + +

Welfare and retirement fund

charges based on tonnage + +

Hired trucks + +

Enter this figure in Item I. on

previous page $ $

CIC0240

Case: 1:20-cv-04636 Document #: 9-1 Filed: 10/09/20 Page 241 of 327 PageID #:286
IA 4407 03 13

NOTICE TO POLICYHOLDERS

DIRECT BILL ACCOUNT CREDIT PROCEDURE

This is a notice of how an account credit will be applied to your policy or to all of the policies being billed as

single account. Account Credits

A. If your account is comprised of a single policy and an endorsement or premium audit results in a credit

(return premium), the credit is applied to that policy. If your account does not have a future installment due 

at the time the endorsement or audit is processed, the credit is refunded to the payor listed for your 

account. If you do not wish for credits to be automatically applied to future unpaid installments, please 

contact us to request a refund. Please note that the amount of the refund may vary based upon the date

you contact us and your billing schedule. B. If your account is comprised of more than one policy and an endorsement or premium audit results in a

credit (return premium), the credit is applied in the following manner:

• Payments previously applied to your account are deferred.

• The credit that results from the endorsement or audit is applied to the policy generating the credit.

• The payments that were deferred are then reapplied to the account in order to satisfy the amount

due.

• Any excess payment that results from the credit is applied proportionately to your policies with a

future payment or installment due.

• If you do not wish for credits to be automatically applied to future unpaid installments, please contact 

us to request a refund. Please note that the amount of the refund may vary based upon the date you

contact us and your billing schedule.

• If your account does not have a future installment or payment due at the time the endorsement or 

audit is processed, the credit is refunded to the payor listed for your account.

(Does not apply to audit return premium for payors located in New York; Does not apply to premiums due 

more than 30 days from the date of processing for payors located in New Hampshire. These credits are

automatically refunded to the payor)

To request a refund, contact us at:

Mailing Address Toll free phone number Electronic mail

The Cincinnati Insurance Company 877-942-2455 CinciBill@cinfin.com

PO Box 14529

Cincinnati, OH 45250-0529

CIC0241

Case: 1:20-cv-04636 Document #: 9-1 Filed: 10/09/20 Page 242 of 327 PageID #:287
IA 4421 03 13

DISCLOSURE OF DIRECT BILL FEES AND CHARGES

NO COVERAGE IS PROVIDED BY THIS DISCLOSURE, nor can it be construed to replace any provision of

your policy. YOU SHOULD READ YOUR POLICY AND REVIEW YOUR DECLARATIONS PAGE CAREFULLY 

for complete information on the coverages provided. Your insurance premium is being paid directly to us rather than to your insurance agency. We appreciate your 

prompt payment of the premium. Please note that these fees apply only in the event your payment is late, is

returned to us for insufficient funds, or if your policy was previously canceled for nonpayment of premium and 

has been reinstated at either your or your agents request. We are not required to reinstate a policy once

cancellation for nonpayment of premium has become effective. The decision to reinstate coverage is solely at

the discretion of the company.

Not all fees are applicable in all states. The types of fees are listed below. Following the description of each 

fee, we list the states where the fee applies and the amount of the fee. Fees are not levied in KY, MD, MT and 

NC.

Non-Sufficient Funds (NSF) Charge: The first time a premium payment is returned due to Non-Sufficient 

Funds (NSF), the premium due is the installment amount. For each succeeding return of payment while 

continuously insured with The Cincinnati Insurance Companies, a charge is added to your next account

statement. The amount of the charge is determined by the fees filed with and approved by the state where the

payor of your account is located. $10 AK, FL, NJ, RI, and SC;

$15 MA;

$20 NY; and

$25 AL, AZ, AR, CA, CO, CT, DE, DC, GA, HI, ID, IL, IN, IA, KS, LA, ME, MI, MN, MS, MO, NE, NV, NH, NM, 

ND, OH, OK, OR, PA, SD, TN, TX, UT, VT, VA, WA, WI, WV and WY. Reinstatement Charge: The first time your account is reinstated for nonpayment of premium, the premium

due is the installment amount. For each succeeding reinstatement due to nonpayment of premium while

continuously insured with The Cincinnati Insurance Companies, a charge is added to your next account

statement. The amount of the charge is determined by the fees filed with and approved by the state where the 

payor of your account is located. $10 AK, RI, and SC;

$15 MA;

$20 NY; and

$25 AL, AZ, AR, CA, CO, CT, DE, DC, GA, HI, ID, IL, IN, IA, KS, LA, ME, MI, MN, MS, MO, NE, NV, NH, NM, ND, OH, OK, OR, PA, SD, TN, TX, UT, VT, VA, WA and WY. Late Charge: A charge is added to your next account statement each time your payment is received and

processed after the due date as shown on the account statement. This fee will not apply to Electronic Funds 

Transfer (EFT). The amount of the charge is determined by the fees filed with and approved by the state where

the payor of your account is located. $10 AK, FL, RI, and SC;

$15 MA; and

$25 AL, AZ, AR, CA, CO, CT, DE, DC, GA, HI, ID, IL, IN, IA, KS, LA, ME, MI, MN, MS, MO, NE, NV, NH, NM, 

ND, OH, OK, OR, PA, SD, TN, TX, UT, VT, VA, WA, WI and WY.

CIC0242

Case: 1:20-cv-04636 Document #: 9-1 Filed: 10/09/20 Page 243 of 327 PageID #:288
MI-1356DB (6/09)

THE CINCINNATI INSURANCE COMPANIES

TO

INSURED

AGENCY CODE: POLICY NO. (MOD) DATE:

Company Use Only

IR IN UN

NP OT

CANCELLATION CREDIT MEMO

 ̈ CORRECTED

 ̈ FLAT EFFECTIVE DATE

 ̈ PRO RATA OF CANCELLATION

RETURN PREMIUMS:

CAP BOILER

CPP UMBRELLA

AUTO OTHER

AUDIT-AP/RP

(circle one)

TOTAL RETURN / ADDITIONAL PREMIUM DUE NOW $

(SUBSEQUENT INSTALLMENTS, IF ANY, ARE VOID)

CANCELLATION CALCULATION:

 ̈ REPORTER AUDITABLE FIGURES ARE SUBTRACTED FROM THE CAP / CPP LINE.

 ̈ GENERAL LIABILITY AUDIT HAS BEEN WAIVED.

 ̈ GL AUDITABLE FIGURES ARE SUBTRACTED FROM THE CAP / CPP LINE.

 ̈ PREMIUMS AS STATED ABOVE ARE IN AGREEMENT WITH YOUR CALCULATIONS.

 ̈ AS YOU HAVE NOT CALCULATED A RETURN PREMIUM, OUR FIGURES WILL APPEAR IN OUR ACCOUNT

CURRENT.

 ̈ WE NOTE THAT OUR FIGURES DO NOT AGREE WITH YOURS. PLEASE CHECK OUR CALCULATIONS 

AGAINST YOURS AND ADVISE IF YOU STILL DO NOT AGREE.

COMMERCIAL LINES DEPARTMENT

TRANSACTION #

ARTHUR J. GALLAGHER RISK MANAGEMENT SERVICES, INC. 14-001

DAVENPORT, IA

THE BEND HOTEL DEVELOPMENT COMPANY LLC

14-001 ETD 051 52 30 / ETA 051 52 30 05-04-2020

9

X 05-01-2020

DIRECT BILL POLICY - REFER TO CINCIBILL

05-04-2020 13:50

CIC0243

Case: 1:20-cv-04636 Document #: 9-1 Filed: 10/09/20 Page 244 of 327 PageID #:289
THE CINCINNATI INSURANCE COMPANY 0244-10677

THE CINCINNATI CASUALTY COMPANY 0244-28665

THE CINCINNATI INDEMNITY COMPANY 0244-23280

AUTOMOBILE LIABILITY I.D. CARD

State Date Processed

Policy No. Effective Date Expiration Date

Insured:

MOTOR VEHICLE INSURED

Year Make

Vehicle Identification No. Signature

IN CASE YOU HAVE AN ACCIDENT. . . CALL YOUR AGENT. . .

The Cincinnati Insurance Company

The Cincinnati Casualty Company

The Cincinnati Indemnity Company

KEEP THIS CARD

IN YOUR MOTOR VEHICLE

WHILE IN OPERATION

We can serve you better if you... 1. Report all claims immediately to the police and to your

agent.

2. Get the names, addresses, and telephone numbers of

all drivers, owners, and occupants of the other cars involved.

3. Get the names, addresses, and telephone numbers of

any witnesses.

4. Do not accept responsibility or discuss the accident with

anyone except a police officer or a representative of this

Company.

SUPPLEMENTARY PAYMENTS

This Company agrees, through its Representative or otherwise, to pay premiums or costs on bonds to release attachments, also, the premium on or cost of bail bonds not

to exceed the limit per bail bond listed in "supplementary

payments" in the policy. The Company has no obligation

to apply for or furnish any such bonds.

CONSULT YOUR POLICY FOR ACTUAL COVERAGE IN

FORCE ON SPECIFIC VEHICLES. EXAMINE POLICY 

EXCLUSIONS CAREFULLY. THIS FORM DOES NOT

CONSTITUTE ANY PART OF YOUR INSURANCE POLICY.

EXCLUDED DRIVERS:

P.O. Box 145496, Cincinnati, OH, 45250-5496

(513) 870-2000 AA 4122 IL (10/06) SERVICE TO YOU IS OUR MAIN CONCERN

(cut along line)

X

IL 09-17-2019

ETA 051 52 30 12-12-2019 12-12-2020

THE BEND HOTEL DEVELOPMENT COMPANY LLC

111 BEND BLVD

EAST MOLINE, IL 61244-5501

2018 FORD TRANSIT

1FBZX2CM0JKB22543

ARTHUR J. GALLAGHER RISK MANAGEMENT SERVICES,

220 EMERSON PL STE 200

DAVENPORT, IA 52801-1625

563-322-3521

CIC0244

Case: 1:20-cv-04636 Document #: 9-1 Filed: 10/09/20 Page 245 of 327 PageID #:290
THE

CINCINNATI INSURANCE COMPANIES

THE CINCINNATI INSURANCE COMPANY THE CINCINNATI INDEMNITY COMPANY

THE CINCINNATI CASUALTY COMPANY

Named Insured:

Policy Number:

Policy Period: to 

Effective Date of Change:

Endorsement Number:

Agency Name:

Explanation of Billing

A change was recently made to your policy with The Cincinnati Insurance Companies. Attached to this

summary is the endorsement that amends your policy.

X

THE BEND HOTEL DEVELOPMENT COMPANY LLC

ETD 051 52 30 / ETA 051 52 30

12-12-2018 12-12-2021

12-12-2019

8

ARTHUR J. GALLAGHER RISK MANAGEMENT SERVICES, INC. 14-001

DAVENPORT, IA

The additional premium for this endorsement is $ 296

This is for the time period of to You will receive a statement based on

the payment option you have selected.

Please contact your agency if you have any questions concerning your policy or statement:

This is not a bill. No payment is necessary at this time.

premium 12-12-2019 12-12-2020.

ARTHUR J. GALLAGHER RISK MANAGEMENT SERVICES, INC.

220 EMERSON PL STE 200

DAVENPORT, IA 52801-1625

563-322-3521

IA 4319 08 07

CIC0245

Case: 1:20-cv-04636 Document #: 9-1 Filed: 10/09/20 Page 246 of 327 PageID #:291
THE CINCINNATI INSURANCE COMPANY

P.O. BOX 145496, CINCINNATI, OHIO 45250-5496

513-870-2000

A STOCK INSURANCE COMPANY

AUTOMOBILE / GARAGE

RENEWAL CERTIFICATE

ATTACH THIS CERTIFICATE TO YOUR POLICY

POLICY NUMBER RENEWAL DATE EXPIRATION DATE

NAMED INSURED

AGENCY

IN RETURN FOR THE PAYMENT OF THE PREMIUM, AND SUBJECT TO ALL THE TERMS OF THIS POLICY UNLESS OTHERWISE SPECIFIED, THE ABOVE NUMBERED POLICY IS RENEWED FOR THE TERM SHOWN ABOVE. COVERAGE PROVIDED

AUTOMOBILE - SEE SCHEDULE PREMIUM

$ 

FORMS APPLICABLE AT RENEWAL

ETA 051 52 30 12-12-2019 12-12-2020

THE BEND HOTEL DEVELOPMENT COMPANY LLC

ATTN: RAY STODDARD

111 BEND BLVD

EAST MOLINE, IL 61244-5501

ARTHUR J. GALLAGHER RISK MANAGEMENT SERVICES, INC. 14-001

DAVENPORT, IA

REFER TO IA102A

IA528 12/11 HOSPITALITY PROGRAM COMMON POLICY DECLARATIONS

IA102A 09/08 SUMMARY OF PREMIUMS CHARGED

AA505 03/06 BUSINESS AUTO COVERAGE PART DECLARATIONS

Countersigned By

(Date) (Authorized Representative)

09-17-2019 10:37

Includes copyrighted material of Insurance

AA 602 05 09 Services Office, Inc., with its permission. ETA 051 52 30 Page 1 of 2

CIC0246

Case: 1:20-cv-04636 Document #: 9-1 Filed: 10/09/20 Page 247 of 327 PageID #:292
Includes copyrighted material of Insurance

AA 602 05 09 Services Office, Inc., with its permission.

COMMON POLICY CONDITIONS

All Coverage Parts included in this policy are subject 

to the following conditions.

A. CANCELLATION

1. The first Named Insured shown in the Declarations may cancel this policy by mailing or 

delivering to us advance written notice of 

cancellation.

2. We may cancel this policy by mailing or delivering to the first Named Insured written 

notice of cancellation at least:

a. 10 days before the effective date of 

cancellation if we cancel for nonpay- ment of premium; or

b. 30 days before the effective date of 

cancellation if we cancel for any other 

reason.

3. We will mail or deliver our notice to the first 

Named Insured's last mailing address 

known to us. 4. Notice of cancellation will state the effective 

date of cancellation. The policy period will 

end on that date. 5. If this policy is cancelled, we will send the

first Named Insured any premium refund 

due. The refund will be pro rata. The cancellation will be effective even if we have not 

made or offered a refund. 6. If notice is mailed, proof of mailing will be 

sufficient proof of notice.

B. CHANGES

This policy contains all the agreements between

you and us concerning the insurance afforded.

The first Named Insured shown in the Declarations is authorized to make changes in the terms

of this policy with our consent. This policy's 

terms can be amended or waived only by endorsement issued by us and made a part of this

policy. C. EXAMINATION OF YOUR BOOKS AND RECORDS

We may examine and audit your books and records as they relate to this policy at any time during the policy period and up to three years afterward.

D. INSPECTIONS AND SURVEYS

1. We have the right to:

a. Make inspections and surveys at any

time;

b. Give you reports on the conditions we 

find; and

c. Recommend changes. 2. We are not obligated to make any inspections, surveys, reports or recommendations 

and any such actions we do undertake relate only to insurability and the premiums to 

be charged. We do not make safety inspections. We do not undertake to perform the 

duty of any person or organization to provide for the health or safety of workers or 

the public. And we do not warrant that conditions:

a. Are safe or healthful; or

b. Comply with laws, regulations, codes or 

standards. 3. Paragraphs 1. and 2. of this condition apply 

not only to us, but also to any rating, advisory, rate service or similar organization

which makes insurance inspections, surveys, reports or recommendations. 4. Paragraph 2. of this condition does not apply to any inspections, surveys, reports or 

recommendations we may make relative to 

certification, under state or municipal statutes, ordinances or regulations, of boilers, pressure vessels or elevators. E. PREMIUMS

The first Named Insured shown in the Declarations:

1. Is responsible for the payment of all premiums; and

2. Will be the payee for any return premiums

we pay. F. TRANSFER OF YOUR RIGHTS AND DUTIES 

UNDER THIS POLICY

Your rights and duties under this policy may not

be transferred without our written consent except 

in the case of death of an individual named insured.

If you die, your rights and duties will be transferred to your legal representative but only while

acting within the scope of duties as your legal

representative. Until your legal representative is

appointed, anyone having proper temporary custody of your property will have your rights and

duties but only with respect to that property.

ETA 051 52 30 Page 2 of 2

CIC0247

Case: 1:20-cv-04636 Document #: 9-1 Filed: 10/09/20 Page 248 of 327 PageID #:293
ALL OTHER TERMS AND CONDITIONS REMAIN UNCHANGED

IA 102 A 09 08

SUMMARY OF PREMIUMS CHARGED

Attached to and forming part of

POLICY NUMBER: Effective Date:

Named Insured:

THIS POLICY CONSISTS OF THE FOLLOWING COVERAGE

PARTS FOR WHICH A PREMIUM CHARGE IS INDICATED

Commercial Property Coverage Part $

Commercial General Liability Coverage Part $

Commercial Auto Coverage Part $

Commercial Umbrella / Excess Liability Coverage Part $

$

$

$

$

$

$

$

$

$

$

$

$

$

$

$

$

$

$

$

Terrorism Coverage $

Installment Charge $

$

PAYMENTS

First Remaining

Installment Installment(s)

Automobile Coverages, Employers Liability, Employment Practices Liability Coverage, Professional Liability Coverage, Terrorism Coverage and / or Wrongful Acts Coverage, if included in the policy, are subject to Annual 

Adjustment of rates and premium on each anniversary of the policy. Commercial Umbrella and Excess Liability, if included in the policy, may be subject to Annual Adjustment of 

premium on each anniversary. Refer to the Commercial Umbrella or Excess Liability Coverage Part

Declarations form to see if this is applicable.

ETD 051 52 30 / ETA 051 52 30 12-12-2019

THE BEND HOTEL DEVELOPMENT COMPANY LLC

W/EBC 23,326

3,140

2,500

DATA DEFENDER COVERAGE PART 143

NETWORK DEFENDER COVERAGE PART 187

196

ANNUAL TOTAL 29,492

MONTHLY * *

*SEE BILLING STATEMENT MAILED SEPARATELY

CIC0248

Case: 1:20-cv-04636 Document #: 9-1 Filed: 10/09/20 Page 249 of 327 PageID #:294
THE CINCINNATI INSURANCE COMPANY

CINCINNATI, OHIO

BUSINESS AUTO COVERAGE PART DECLARATIONS

ITEM ONE

Attached to and forming part of POLICY NUMBER:

Named Insured is the same as it appears in the Common Policy Declarations.

ITEM TWO SCHEDULE OF COVERAGES AND COVERED AUTOS

This coverage part provides only those coverages where a premium or "incl" is shown in the premium column below. 

The limit of Insurance for each coverage listed is subject to all applicable policy provisions. Each of these coverages 

will apply only to those "autos" shown as covered "autos". "Autos" are shown as covered "autos" for a particular

coverage by the entry of one or more of the symbols from the COVERED AUTO Section of the Business Auto

Coverage Form next to the name of the coverage.

COVERAGES

COVERED AUTOS

(Entry of one or more 

of the symbols from the

COVERED AUTOS 

Section of the Business

Auto Coverage Form

shows which autos are

covered autos)

LIMIT

THE MOST WE WILL PAY FOR ANY ONE

ACCIDENT OR LOSS

 PREMIUM

LIABILITY $

PERSONAL INJURYPROTECTION

(or equivalent No-fault coverage)

Separately stated in each P.I.P.

endorsement minus $ Ded. ADDED PERSONAL INJURY

PROTECTION (or equivalent

added No-fault coverage)

Separately stated in each added P.I.P.

endorsement

PROPERTY PROTECTION

INSURANCE (Michigan only)

Separately stated in each P. P.I.

endorsement minus $ Ded

for each accident

AUTO. MEDICAL PAYMENTS

$

UNINSURED MOTORISTS

$

UNDERINSURED MOTORISTS

(When not included in

Uninsured Motorists Coverage)

$

PHYSICAL DAMAGE

COMPREHENSIVE COVERAGE

Actual cash value or cost of repair, Whichever is less minus $

Ded. For each covered auto. But no

Deductible applies to loss caused by

Fire or lightning. See Item Three for hired or

borrowed "autos"

PHYSICAL DAMAGE SPECIFIED

CAUSES OF LOSS COVERAGE

Actual cash value or cost of repair, Whichever is less minus $ Ded. For

Each covered auto. For loss caused by mischief 

or vandalism. See Item Three for hired or

borrowed "autos"

PHYSICAL DAMAGE

COLLISION COVERAGE

Actual cash value or cost of repair, Whichever is less minus $

Ded for each covered auto. See Item

Three for hired or borrowed "autos". PHYSICAL DAMAGEINSURANCE

TOWING AND LABOR $ for each disablement of a

private passenger auto

PREMIUM FOR ENDORSEMENTS

*ESTIMATED TOTAL PREMIUM

ETA 051 52 30

1 1,000,000 INCL

2

5,000 INCL

2, 8, 9

1,000,000 INCL

2, 8, 9

SEE AA4183 INCL

7

SEE AA4183

 INCL

7 SEE AA4183 INCL

 INCL

FORMS AND ENDORSEMENTS CONTAINED IN THIS COVERAGE PART AT ITS INCEPTION:

AA4183 02/06 AUTOMOBILE SCHEDULE

AA101 03/06 BUSINESS AUTO COVERAGE FORM

AA2009 01/17 CHANGES - TOWING AND LABOR

AA296 07/12 CHANGES - AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT COVERAGE

Inc ludes copyrighted material of Insurance

AA 505 03 06 Services Office, Inc., with its permission. ETA 051 52 30 Page 1 of 3

CIC0249

Case: 1:20-cv-04636 Document #: 9-1 Filed: 10/09/20 Page 250 of 327 PageID #:295
FORMS AND ENDORSEMENTS CONTAINED IN THIS COVERAGE PART AT ITS INCEPTION:

AA4004 03/06 ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION

AA4044IL 01/15 ILLINOIS UNINSURED MOTORISTS COVERAGE

AA4045IL 11/08 ILLINOIS UNDERINSURED MOTORISTS COVERAGE

IMPORTANT NOTICE TO ILLINOIS INSUREDS DEFENSIVE DRIVING COURSE 

DISCOUNT FOR SENIOR CITIZENS

AA4047IL 03/98

AA4136IL 01/15 ILLINOIS CHANGES

UNINSURED/UNDERINSURED MOTORISTS PROTECTION OPTION SELECTION FORM 

- ILLINOIS

AA4168IL 01/15

AA4263IL 04/10 OFFICE OF FOREIGN ASSETS CONTROL (OFAC) COMPLIANCE ENDORSEMENT

CA0270 08/94 ILLINOIS CHANGES - CANCELLATION AND NONRENEWAL

CA2402 12/93 PUBLIC TRANSPORTATION AUTOS

AA261 07/14 AUTO MEDICAL PAYMENTS COVERAGE

AA265 01/16 CINCIPLUS® BUSINESS AUTO XC® (EXPANDED COVERAGE) ENDORSEMENT

* This policy may be subject to final audit

Inc ludes copyrighted material of Insurance

AA 505 03 06 Services Office, Inc., with its permission. ETA 051 52 30 Page 2 of 3

CIC0250

Case: 1:20-cv-04636 Document #: 9-1 Filed: 10/09/20 Page 251 of 327 PageID #:296
QUICK REFERENCE

COMMERCIAL AUTO COVERAGE PART

BUSINESS AUTO COVERAGE FORM

READ YOUR POLICY CAREFULLY

DECLARATIONS PAGES

Named Insured and Mailing Address

Policy Period

Description of Business

Coverages and Limits of Insurance

SECTION I - COVERED AUTOS Beginning on Page

Description of Covered Auto Designation Symbols.............................................................................1

Owned Autos You Acquire After the Policy Begins .............................................................................1

Certain Trailers, Mobile Equipment and

Temporary Substitute Autos............................................................................................................... 2

SECTION II- LIABILITY COVERAGE

Coverage............................................................................................................................................ 2

Who is an Insured .............................................................................................................................. 2

Coverage Extensions

Supplementary Payments........................................................................................................... 2

Out of State................................................................................................................................. 3

Exclusions.......................................................................................................................................... 3

Limit of Insurance............................................................................................................................... 5

SECTION III - PHYSICAL DAMAGE COVERAGE

Coverage............................................................................................................................................ 7

Exclusions.......................................................................................................................................... 7

Limit of Insurance............................................................................................................................... 8

Deductible............................................................................................................................................8

SECTION IV - BUSINESS AUTO CONDITIONS

Loss Conditions

Appraisal for Physical Damage Loss.......................................................................................... 9

Duties in the Event of Accident, Claim, Suit or Loss................................................................... 9

Legal Action Against Us..............................................................................................................9

Loss Payment - Physical Damage Coverages............................................................................ 9

Transfer of Rights of Recovery Against Others to Us............................................................... 10

General Conditions

Bankruptcy................................................................................................................................ 10

Concealment, Misrepresentation or Fraud................................................................................ 10

Liberalization ............................................................................................................................. 10

No Benefit to Bailee - Physical Damage Coverages................................................................. 10

Other Insurance ........................................................................................................................ 10

Premium Audit........................................................................................................................... 10

Policy Period, Coverage Territory ............................................................................................. 10

Two or More Coverage Forms or Policies Issued by Us........................................................... 11

SECTION V - DEFINITIONS ................................................................................................................... 11

COMMON POLICY CONDITIONS

Cancellation

Changes

Examination of Your Books and Records

Inspections and Surveys

Premiums

Transfer of Your Rights and Duties under this Policy

ENDORSEMENTS (If Any)

Inc ludes copyrighted material of Insurance

AA 505 03 06 Services Office, Inc., with its permission. ETA 051 52 30 Page 3 of 3

CIC0251

Case: 1:20-cv-04636 Document #: 9-1 Filed: 10/09/20 Page 252 of 327 PageID #:297
AUTOMOBILE SCHEDULE

ITEM

Attached to and forming a part of Policy Number , effective

The insurance afforded for any automobile is only with respects to such and so many of the coverages as are

indicated by specific premium charge or charges indicated.

POLICY LIMITS

State: 

Bodily Injury: Property Damage:

THREE

ETA 051 52 30 12-12-2019

IL

1,000,000 CSL INCLUDED

UM/UIM: 1,000,000

Med Pay 5,000

Veh.

No. Vehicle Information

Class: Territory

Coll Ded:

BI PD MP OTC COLL UM

1 2018 FORD TRANSIT S/N 1FBZX2CM0JKB22543 5852 119

OTC-COMP DED: 1,000 1,000

COST NEW: 41,550 ZIP CODE: 61244

1,496 INCL 53 145 436 63

TOTAL

2,193

Class: Territory

Coll Ded:

BI PD MP OTC COLL UM

ADDITIONAL INTEREST - DESIGNATED PERSON OR ORGANIZATION

OTC-COMP DED: N/A N/A

50 INCL

TOTAL

50

Class: Territory

Coll Ded:

BI PD MP OTC COLL UM

BUSINESS AUTO EXPANDED ENDORSEMENT

OTC-COMP DED: N/A N/A

100

TOTAL

100

Class: Territory

Coll Ded:

BI PD MP OTC COLL UM

HIRED AND NON-OWNED

OTC-COMP DED: N/A N/A

541 INCL N/A 256

TOTAL

797

SYMBOLS:

BI -- Bodily Injury SPEC -- Specified Perils

PD -- Property Damage COLL -- Collision

MP -- Medical Payments UM -- Uninsured Motorists

OTC -- Other Than Collision (ACV Coverage applies UIM -- Underinsured Motorists

unless Stated Amount Value is indicated) PIP -- Personal Injury Protection

CAC -- Combined Additional Coverage T&L -- Towing and Labor Costs

FT&S -- Fire, Theft, and Supplemental RR -- Rental Reimbursement

AA 4183 02 06 Page 1 of 1

CIC0252

Case: 1:20-cv-04636 Document #: 9-1 Filed: 10/09/20 Page 253 of 327 PageID #:298
Includes copyrighted material of Insurance

AA 101 03 06 Services Office, Inc., with its permission. Page 1 of 14

BUSINESS AUTO COVERAGE FORM

Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights, duties

and what is and is not covered.

Throughout this policy the words "you" and "your" refer to the Named Insured shown in the Declarations. The

words "we", "us" and "our" refer to the Company providing this insurance.

Other words and phrases that appear in quotation marks have special meaning. Refer to SECTION V - DEFINITIONS. SECTION I - COVERED AUTOS

ITEM TWO of the Declarations shows the "autos"

that are covered "autos" for each of your cover- ages. The following numerical symbols describe

the "autos" that may be covered "autos". The

symbols entered next to a coverage on the Declarations designate the only "autos" that are covered

"autos".

A. Description of Covered Auto Designation

Symbols

SYMBOL DESCRIPTION

1 = ANY "AUTO".

2 = OWNED "AUTOS" ONLY. Only those

"autos" you own (and for Liability Cover- age any "trailers" you don't own while attached to power units you own). This in- cludes those "autos" you acquire owner- ship of after the policy begins.

3 = OWNED PRIVATE PASSENGER

"AUTOS" ONLY. Only the private pas- senger "autos" you own. This includes

those private passenger "autos" you ac- quire ownership of after the policy begins.

4 = OWNED "AUTOS" OTHER THAN PRI- VATE PASSENGER "AUTOS" ONLY.

Only those "autos" you own that are not

of the private passenger type (and for Li- ability Coverage any "trailers" you don't

own while attached to power units you

own). This includes those "autos" not of

the private passenger type you acquire

ownership of after the policy begins.

5 = OWNED "AUTOS" SUBJECT TO NOFAULT. Only those "autos" you own that

are required to have No-Fault benefits in

the state where they are licensed or prin- cipally garaged. This includes those

"autos" you acquire ownership of after

the policy begins provided they are re- quired to have No-Fault benefits in the

state where they are licensed or princi- pally garaged.

6 = OWNED "AUTOS" SUBJECT TO A

COMPULSORY UNINSURED MOTORISTS LAW. Only those "autos" you own

that because of the law in the state where

they are licensed or principally garaged

are required to have and cannot reject

Uninsured Motorists Coverage. This in- cludes those "autos" you acquire owner- ship of after the policy begins provided

they are subject to the same state unin- sured motorists requirement.

7 = SPECIFICALLY DESCRIBED "AUTOS".

Only those "autos" described in ITEM

THREE of the Declarations for which a

premium charge is shown (and for Liability Coverage any "trailers" you don't own

while attached to a power unit described

in ITEM THREE).

8 = HIRED "AUTOS" ONLY. Only those

"autos" you lease, hire, rent or borrow.

This does not include any "auto" you

lease, hire, rent, or borrow from any of

your "employees" or partners (if you are a

partnership), members (if you are a limited liability company) or members of their

households.

9 = NONOWNED "AUTOS" ONLY. Only

those "autos" you do not own, lease, hire,

rent or borrow that are used in connection with your business. This includes

"autos" owned by your "employees",

partners (if you are a partnership), mem- bers (if you are a limited liability com- pany), or members of their households

but only while used in your business or

your personal affairs.

B. Owned Autos You Acquire After the Policy

Begins

1. If Symbols 1, 2, 3, 4, 5, or 6 are entered

next to a coverage in ITEM TWO of the

Declarations, then you have coverage for

"autos" that you acquire of the type de- scribed for the remainder of the policy period.

2. But, if Symbol 7 is entered next to a cov- erage in ITEM TWO of the Declarations,

an "auto" you acquire will be a covered

"auto" for that coverage only if:

a. We already cover all "autos" that you

own for that coverage or it replaces

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an "auto" you previously owned that

had that coverage; and

b. You tell us within 30 days after you

acquire it that you want us to cover it

for that coverage.

C. Certain Trailers, Mobile Equipment and

Temporary Substitute Autos

If Liability Coverage is provided by this Cov- erage Form, the following types of vehicles

are also covered "autos" for Liability Cover- age:

1. "Trailers" with a load capacity of 2,000

pounds or less designed primarily for

travel on public roads.

2. "Mobile equipment" while being carried or

towed by a covered "auto".

3. Any "auto" you do not own while used

with the permission of its owner as a

temporary substitute for a covered "auto"

you own that is out of service because of

its:

a. Breakdown;

b. Repair;

c. Servicing;

d. "Loss"; or

e. Destruction.

SECTION II - LIABILITY COVERAGE

A. Coverage

We will pay all sums an "insured" legally must

pay as damages because of "bodily injury" or

"property damage" to which this insurance

applies, caused by an "accident" and resulting

from the ownership, maintenance or use of a

covered "auto".

We will also pay all sums an "insured" legally

must pay as a "covered pollution cost or ex- pense" to which this insurance applies,

caused by an "accident" and resulting from

the ownership, maintenance or use of cov- ered "autos". However, we will only pay for the

"covered pollution cost or expense" if there is

either "bodily injury" or "property damage" to

which this insurance applies that is caused by

the same "accident".

We have the right and duty to defend any "in- sured" against a "suit" asking for such dam- ages or a "covered pollution cost or expense".

However, we have no duty to defend any "in- sured" against a "suit" seeking damages for

"bodily injury" or "property damage" or a "cov- ered pollution cost or expense" to which this

insurance does not apply. We may investigate

and settle any claim or "suit" as we consider

appropriate. Our duty to defend or settle ends

when the Liability Coverage Limit of Insurance

has been exhausted by payment of judg- ments or settlements.

1. Who is an Insured

The following are "insureds":

a. You for any covered "auto".

b. Anyone else while using with your

permission a covered "auto" you

own, hire or borrow except:

(1) The owner or anyone else from

whom you hire or borrow a covered "auto". This exception does

not apply if the covered "auto" is

a "trailer" connected to a cov- ered "auto" you own.

(2) Your "employee" if the covered

"auto" is owned by that "em- ployee" or a member of his or

her household.

(3) Someone using a covered

"auto" while he or she is working

in a business of selling, servicing, repairing, parking or storing

"autos" unless that business is

yours.

(4) Anyone other than your "em- ployees", partners (if you are a

partnership), members (if you

are a limited liability company),

or a lessee or borrower or any of

their "employees", while moving

property to or from a covered

"auto".

(5) A partner (if you are a partner- ship), or a member (if you are a

limited liability company), for a

covered "auto" owned by him or

her or a member of his or her

household.

c. Anyone liable for the conduct of an

"insured" described above but only

to the extent of that liability.

2. Coverage Extensions

a. Supplementary Payments

We will pay for the "insured":

(1) All expenses we incur.

(2) Up to $2,000 for the cost of bail

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quired because of an "accident"

we cover. We do not have to

furnish these bonds.

(3) The cost of bonds to release

attachments in any "suit" against

the "insured" we defend, but

only for bond amounts within our

Limit of Insurance.

(4) All reasonable expenses in- curred by the "insured" at our

request, including actual loss of

earnings up to $250 a day be- cause of time off from work.

(5) All costs taxed against the "in- sured" in any "suit" against the

"insured" we defend.

(6) All interest on the full amount of

any judgment that accrues after

entry of the judgment in any

"suit" against the "insured" we

defend, but our duty to pay interest ends when we have paid,

offered to pay or deposited in

court the part of the judgment

that is within our Limit of Insur- ance.

These payments will not reduce the

Limit of Insurance.

b. Out-of-State Coverage Extensions

While a covered "auto" is away from

the state where it is licensed we will:

(1) Increase the Limit of Insurance

for Liability Coverage to meet

the limits specified by a compul- sory or financial responsibility

law of the jurisdiction where the

covered "auto" is being used.

This extension does not apply to

the limit or limits specified by

any law governing motor carri- ers of passengers or property.

(2) Provide the minimum amounts

and types of other coverages,

such as no-fault, required of outof-state vehicles by the jurisdiction where the covered "auto" is

being used.

We will not pay anyone more than

once for the same elements of loss

because of these extensions.

B. Exclusions

This insurance does not apply to any of the

following:

1. Expected or Intended Injury

"Bodily injury" or "property damage"

which may reasonably be expected to re- sult from the intentional or criminal acts of

the "insured" or which is in fact expected

or intended by the "insured", even if the

injury or damage is of a different degree

or type than actually expected or intended. This exclusion does not apply to

"bodily injury" resulting from the use of

reasonable force to protect persons or

property.

2. Contractual

Liability assumed under any contract or

agreement.

But this exclusion does not apply to liability for damages:

a. Assumed in a contract or agreement

that is an "insured contract" provided

the "bodily injury" or "property dam- age" occurs subsequent to the exe- cution of the contract or agreement;

or

b. That the "insured" would have in the

absence of the contract or agree- ment.

3. Workers' Compensation

Any obligation for which the "insured" or

the "insured's" insurer may be held liable

under any workers' compensation, dis- ability benefits or unemployment com- pensation law or any similar law.

4. Employee Indemnification and Em- ployer's Liability

"Bodily injury" to:

a. An "employee" of the "insured" sustained in the "workplace";

b. An "employee" of the "insured" arising out of the performance of duties

related to the conduct of the "in- sured's" business; or

c. The spouse, child, parent, brother or

sister of that "employee" as a conse- quence of Paragraph a. or b. above.

This Exclusion applies:

(1) Whether the "insured" may be

liable as an employer or in any

other capacity; and

(2) To any obligation to share dam- ages with or repay someone

else who must pay damages

because of the injury.

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But this exclusion does not apply to "bodily injury" to domestic "employees" not

entitled to workers' compensation benefits or to liability assumed by the "insured"

under an "insured contract" other than a

contract or agreement with a labor leasing firm. For the purposes of the Cover- age Form, a domestic "employee" is a

person engaged in household or domestic work performed principally in connection with a residence premises.

5. Fellow Employee

"Bodily injury" to any fellow "employee" of

the "insured" arising out of and in the

course of the fellow "employee's" em- ployment or while performing duties related to the conduct of your business.

6. Care, Custody or Control

"Property damage" to or "covered pollution cost or expense" involving property

owned or transported by the "insured" or

in the "insured's" care, custody or control.

But this exclusion does not apply to liability assumed under a sidetrack agree- ment.

7. Handling of Property

"Bodily injury" or "property damage" re- sulting from the handling of property:

a. Before it is moved from the place

where it is accepted by the "insured"

for movement into or onto the cov- ered "auto"; or

b. After it is moved from the covered

"auto" to the place where it is finally

delivered by the "insured".

8. Movement of Property by Mechanical

Device

"Bodily injury" or "property damage" re- sulting from the movement of property by

a mechanical device (other than a hand

truck) unless the device is attached to the

covered "auto".

9. Operations

"Bodily injury" or "property damage" arising out of the operation of:

a. Any equipment listed in Paragraphs

6.b. and 6.c. of the definition of "mo- bile equipment"; or

b. Machinery or equipment that is on,

attached to, or part of, a land vehicle

that would qualify under the definition

of "mobile equipment" if it were not

subject to a compulsory or financial

responsibility law or other motor vehicle insurance law where it is li- censed or principally garaged.

10. Completed Operations

"Bodily injury" or "property damage" arising out of your work after that work has

been completed or abandoned.

In this exclusion, your work means:

a. Work or operations performed by

you or on your behalf; and

b. Materials, parts or equipment fur- nished in connection with such work

or operations.

Your work includes warranties or repre- sentations made at any time with respect

to the fitness, quality, durability or performance of any of the items included in

Paragraphs a. or b. above.

Your work will be deemed completed at

the earliest of the following times:

(1) When all of the work called for in

your contract has been com- pleted.

(2) When all of the work to be done

at the site has been completed if

your contract calls for work at

more than one site.

(3) When that part of the work done

at a job site has been put to its

intended use by any person or

organization other than another

contractor or subcontractor

working on the same project.

Work that may need service, mainte- nance, correction, repair or replacement,

but which is otherwise complete, will be

treated as completed.

11. Pollutant

"Bodily injury" or "property damage" arising out of the actual, alleged or threat- ened discharge, dispersal, seepage, mi- gration, release, escape or emission of

"pollutants":

a. That are, or that are contained in any

property that is:

(1) Being transported or towed by,

handled, or handled for move- ment into, onto or from, the cov- ered "auto";

(2) Otherwise in the course of tran- sit by or on behalf of the "in- sured"; or

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(3) Being stored, disposed of,

treated or processed in or upon

the covered "auto";

b. Before the "pollutants" or any prop- erty in which the "pollutants" are

contained are moved from the place

where they are accepted by the "in- sured" for movement into or onto the

covered "auto"; or

c. After the "pollutants" or any property

in which the "pollutants" are contained are moved from the covered

"auto" to the place where they are fi- nally delivered, disposed of or aban- doned by the "insured".

Paragraph a. of this exclusion does not

apply to fuels, lubricants, fluids, exhaust

gases or other similar "pollutants" that are

needed for or result from the normal

electrical, hydraulic or mechanical functioning of the covered "auto" or its parts,

if:

(1) The "pollutants" escape, seep,

migrate, or are discharged, dis- persed or released directly from

an "auto" part designed by its

manufacturer to hold, store, re- ceive or dispose of such "pollut- ants"; and

(2) The "bodily injury", "property

damage" or "covered pollution

cost or expense" does not arise

out of the operation of any

equipment listed in Paragraphs

6.b. and 6.c. of the definition of

"mobile equipment".

However, this exception to Paragraph a.

does not apply if the fuels, lubricants, fluids, exhaust gases or other similar "pollutants" are intentionally discharged, dis- persed or released.

Paragraphs b. and c. of this exclusion do

not apply to "accidents" that occur away

from premises owned by or rented to an

"insured" with respect to "pollutants" not

in or upon a covered "auto" if:

(1) The "pollutants" or any property

in which the "pollutants" are

contained are upset, overturned

or damaged as a result of the

maintenance or use of a cov- ered "auto"; and

(2) The discharge, dispersal, seep- age, migration, release, emis- sion or escape of the "pollut- ants" is caused directly by such

upset, overturn or damage.

d. At or from any premises, site or location on which any insured or any

contractors or subcontractors working directly or indirectly on any in- sured's behalf are performing operations:

(1) If the "pollutants" are brought on

or to the premises, site or location in connection with such op- erations by such "insured", contractor or subcontractor; or

(2) If the operations are to test for,

monitor, clean up, remove,

contain, treat, detoxify or neutralize, or in any way respond to,

or assess the effects of "pollut- ants".

Subparagraph d.(1) does not apply to

"bodily injury" or "property damage" arising out of the escape of fuels, lubricants

or other operating fluids which are

needed to perform the normal electrical,

hydraulic or mechanical functions neces- sary for the operation of "mobile equip- ment" or its parts, if such fuels, lubricants

or other operating fluids escape from a

vehicle part designed to hold, store or re- ceive them. This exception does not ap- ply if the fuels, lubricants or other operating fluids are intentionally discharged,

dispersed or released, or if such fuels, lu- bricants or other operating fluids are

brought on or to the premises, site or lo- cation with the intent to be discharged,

dispersed or released as part of the op- erations being performed by such "in- sured", contractor or subcontractor. 12. War

"Bodily injury" or "property damage" arising directly or indirectly out of:

a. War, including undeclared or civil

war;

b. Warlike action by a military force, in- cluding action in hindering or defending against an actual or ex- pected attack, by any government,

sovereign or other authority using

military personnel or other agents; or

c. Insurrection, rebellion, revolution,

usurped power, or action taken by

governmental authority in hindering

or defending against any of these.

13. Racing

Covered "autos" while used in any professional or organized racing or demolition contest or stunting activity, or while

practicing for such contest or activity. This

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insurance also does not apply while that

covered "auto" is being prepared for such

a contest or activity.

C. Limit of Insurance

Regardless of the number of covered "autos",

"insureds", premiums paid, claims made or

vehicles involved in the "accident", the most

we will pay for the total of all damages and

"covered pollution cost or expense" com- bined, resulting from any one "accident" is the

Limit of Insurance for Liability Coverage

shown in the Declarations.

All "bodily injury", "property damage" and

"covered pollution cost or expense" resulting

from continuous or repeated exposure to sub- stantially the same conditions will be consid- ered as resulting from one "accident".

No one will be entitled to receive duplicate

payments for the same elements of "loss" un- der this Coverage Form and any Medical

Payments Coverage endorsement, Uninsured

Motorists Coverage endorsement or Underin- sured Motorists Coverage endorsement attached to this Coverage Part.

D. Mobile Equipment Subject to Motor Vehicle

Insurance Laws

As respects SECTION II - LIABILITY COV- ERAGE any land vehicle, which would qualify

as "mobile equipment", except that it is subject to a compulsory or financial responsibility

law or other motor vehicle insurance law

where it is licensed or principally garaged, is

considered a covered "auto" under SECTION

II - LIABILITY COVERAGE, irrespective of the

Auto Designation Symbols shown for SEC- TION II - LIABILITY COVERAGE in the Declarations.

SECTION III - PHYSICAL DAMAGE COVERAGE

A. Coverage

1. We will pay for "loss" to a covered "auto"

or its equipment under:

a. Comprehensive Coverage

From any cause except:

(1) The covered "auto's" collision

with another object; or

(2) The covered "auto's" overturn.

b. Specified Causes of Loss Cover- age

Caused by:

(1) Fire, lightning or explosion;

(2) Theft;

(3) Windstorm, hail or earthquake;

(4) Flood;

(5) Mischief or vandalism; or

(6) The sinking, burning, collision or

derailment of any conveyance

transporting the covered "auto".

c. Collision Coverage

Caused by:

(1) The covered "auto's" collision

with another object; or

(2) The covered "auto's" overturn.

2. Towing

We will pay up to the limit shown in the

Declarations for towing and labor costs

incurred each time a covered "auto" of

the private passenger type is disabled.

However, the labor must be performed at

the place of disablement.

3. Glass Breakage - Hitting a Bird or

Animal - Falling Objects or Missiles

If you carry Comprehensive Coverage for

the damaged covered "auto", we will pay

for the following under Comprehensive

Coverage:

a. Glass breakage;

b. "Loss" caused by hitting a bird or

animal; and

c. "Loss" caused by falling objects or

missiles.

However, you have the option of having

glass breakage caused by a covered

"auto's" collision or overturn considered a

"loss" under Collision Coverage.

4. Coverage Extensions

a. Transportation Expenses

We will also pay up to $20 per day to

a maximum of $600 for temporary

transportation expense incurred by

you because of the total theft of a

covered "auto" of the private pas- senger type. We will pay only for

those covered "autos" for which you

carry either Comprehensive or

Specified Causes of Loss Coverage.

We will pay for temporary transportation expenses incurred during the

period beginning 48 hours after the

theft and ending, regardless of the

policy's expiration, when the covered

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"auto" is returned to use or we pay

for its "loss".

b. Loss of Use Expenses

For Hired Auto Physical Damage, we

will pay expenses for which an "in- sured" becomes legally responsible

to pay for loss of use of a vehicle

rented or hired without a driver, un- der a written rental contract or

agreement. We will pay for loss of

use expenses if caused by:

(1) Other than collision only if the

Declarations indicate that Com- prehensive Coverage is pro- vided for any covered "auto";

(2) Specified Causes of Loss only if

the Declarations indicate that

Specified Causes of Loss Cov- erage is provided for any cov- ered "auto"; or

(3) Collision only if the Declarations

indicate that Collision Coverage

is provided for any covered

"auto".

However, the most we will pay for

any expenses for loss of use is $20

per day, to a maximum of $600.

B. Exclusions

1. We will not pay for "loss" caused by or

resulting from any of the following. Such

"loss" is excluded regardless of any other

cause or event that contributes concurrently or in any sequence to the "loss".

a. Nuclear Hazard

(1) The explosion of any weapon

employing atomic fission or fu- sion; or

(2) Nuclear reaction or radiation, or

radioactive contamination, how- ever caused.

b. War or Military Action

(1) War, including undeclared or

civil war;

(2) Warlike action by a military

force, including action in hin- dering or defending against an

actual or expected attack, by

any government, sovereign or

other authority using military

personnel or other agents; or

(3) Insurrection, rebellion, revolution, usurped power or action

taken by governmental authority

in hindering or defending

against any of these.

2. We will not pay for "loss" to any covered

"auto" while used in any professional or

organized racing or demolition contest or

stunting activity, or while practicing for

such contest or activity. We will also not

pay for "loss" to any covered "auto" while

that covered "auto" is being prepared for

such a contest or activity.

3. We will not pay for "loss" caused by or

resulting from any of the following unless

caused by other "loss" that is covered by

this insurance:

a. Wear and tear, freezing, mechanical

or electrical breakdown; or

b. Blowouts, punctures or other road

damage to tires.

4. We will not pay for "loss" to any of the

following:

a. Tapes, records, discs or other similar

audio, visual or data electronic de- vices designed for use with audio,

visual or data electronic equipment.

b. Any device designed or used to detect speed measuring equipment

such as radar or laser detectors and

any jamming apparatus intended to

elude or disrupt speed measurement

equipment.

c. Any electronic equipment, without

regard to whether this equipment is

permanently installed, that receives

or transmits audio, visual or data

signals and that is not designed

solely for the reproduction of sound.

d. Any accessories used with the electronic equipment described in Para- graph c. above.

Exclusions 4.c. and 4.d. do not apply to:

a. Equipment designed solely for the

reproduction of sound and accessories used with such equipment, pro- vided such equipment is perma- nently installed in the covered "auto"

at the time of the "loss" or such

equipment is removable from a

housing unit which is permanently

installed in the covered "auto" at the

time of the "loss", and such equip- ment is designed to be solely oper- ated by use of the power from the

"auto's" electrical system, in or upon

the covered "auto"; or

b. Any other electronic equipment that

is:

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(1) Necessary for the normal op- eration of the covered "auto" or

the monitoring of the covered

"auto's" operating system; or

(2) An integral part of the same unit

housing any sound reproducing

equipment described in Para- graph a. above and permanently

installed in the opening of the

dash or console of the covered

"auto" normally used by the

manufacturer for installation of a

radio.

5. We will not pay for "loss" to a covered

"auto" due to "diminution in value".

C. Limit of Insurance

1. The most we will pay for "loss" in any one

"accident" is the lesser of:

a. The actual cash value of the dam- aged or stolen property as of the

time of the "loss"; or

b. The cost of repairing or replacing the

damaged or stolen property with

other property of like kind and quality.

2. An adjustment for depreciation and

physical condition will be made in deter- mining actual cash value in the event of a

total "loss".

3. If a repair or replacement results in better

than like kind or quality, we will not pay

for the amount of the betterment.

D. Deductible

For each covered "auto", our obligation to pay

for, repair, return or replace damaged or stolen property will be reduced by the applicable

deductible shown in the Declarations. Any

Comprehensive Coverage deductible shown

in the Declarations does not apply to "loss"

caused by fire or lightning.

SECTION IV - BUSINESS AUTO CONDITIONS

The following conditions apply in addition to the

Common Policy Conditions:

A. Loss Conditions

1. Appraisal for Physical Damage Loss

If you and we disagree on the amount of

"loss", either may demand an appraisal of

the "loss". In this event, each party will

select a competent appraiser. The two

appraisers will select a competent and

impartial umpire. The appraisers will state

separately the actual cash value and

amount of "loss". If they fail to agree, they

will submit their differences to the umpire.

A decision agreed to by any two will be

binding. Each party will:

a. Pay its chosen appraiser; and

b. Bear the other expenses of the ap- praisal and umpire equally.

If we submit to an appraisal, we will still

retain our right to deny the claim.

2. Duties in the Event of Accident, Claim,

Suit or Loss

We have no duty to provide coverage

under this policy unless there has been

full compliance with the following duties:

a. In the event of "accident", claim,

"suit" or "loss", you must give us or

our authorized representative prompt

notice of the "accident" or "loss". In- clude:

(1) How, when and where the "ac- cident" or "loss" occurred;

(2) The "insured's" name and ad- dress; and

(3) To the extent possible, the

names and addresses of any

injured persons and witnesses.

b. Additionally, you and any other in- volved "insured" must:

(1) Assume no obligation, make no

payment or incur no expense

without our consent, except at

the "insured's" own cost.

(2) Immediately send us copies of

any request, demand, order, notice, summons or legal paper

received concerning the claim or

"suit".

(3) Cooperate with us in the investi- gation or settlement of the claim

or defense against the "suit".

(4) Authorize us to obtain medical

records or other pertinent infor- mation.

(5) Submit to examination, at our

expense, by physicians of our

choice, as often as we reasona- bly require.

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c. If there is "loss" to a covered "auto"

or its equipment you must also do

the following:

(1) Promptly notify the police if the

covered "auto" or any of its

equipment is stolen.

(2) Take all reasonable steps to

protect the covered "auto" from

further damage. Also keep a re- cord of your expenses for con- sideration in the settlement of

the claim.

(3) Permit us to inspect the covered

"auto" and records proving the

"loss" before its repair or dispo- sition.

(4) Agree to examinations under

oath at our request and give us

a signed statement of your an- swers.

3. Legal Action Against Us

No one may bring a legal action against

us under this Coverage Form until:

a. There has been full compliance with

all the terms of this Coverage Form;

and

b. Under Liability Coverage, we agree

in writing that the "insured" has an

obligation to pay or until the amount

of that obligation has finally been

determined by judgment after trial.

No one has the right under this policy to bring us into an action to determine the "insured's" liability.

4. Loss Payment - Physical Damage

Coverages

At our option we may:

a. Pay for, repair or replace damaged

or stolen property;

b. Return the stolen property, at our

expense. We will pay for any dam- age that results to the "auto" from the

theft; or

c. Take all or any part of the damaged

or stolen property at an agreed or

appraised value.

If we pay for the "loss", our payment will

include the applicable sales tax for the

damaged or stolen property.

5. Transfer of Rights of Recovery Against

Others to Us

If any person or organization to or for

whom we make payment under this Coverage Form has rights to recover dam- ages from another, those rights are

transferred to us. That person or organi- zation must do everything necessary to

secure our rights and must do nothing

after "accident" or "loss" to impair them.

B. General Conditions

1. Bankruptcy

Bankruptcy or insolvency of the "insured"

or the "insured's" estate will not relieve us

of any obligations under this Coverage

Form.

2. Concealment, Misrepresentation or

Fraud

This Coverage Form is void in any case

of fraud by you at any time as it relates to

this Coverage Form. It is also void if you

or any other "insured", at any time, intentionally conceal or misrepresent a material fact concerning:

a. This Coverage Form;

b. The covered "auto";

c. Your interest in the covered "auto";

or

d. A claim under this Coverage Form.

3. Liberalization

If within 60 days prior to the beginning of

this Coverage Part or during the policy

period, we make any changes to any

forms or endorsements of this Coverage

Part for which there is currently no separate premium charge, and that change

provides more coverage than this Cover- age Part, the change will automatically

apply to this Coverage Part as of the latter of:

a. The date we implemented the

change in your state; or

b. The date this Coverage Part became

effective; and

will be considered as included until the

end of the current policy period. We will

make no additional premium charge for

this additional coverage during the interim.

4. No Benefit to Bailee - Physical Damage

Coverages

We will not recognize any assignment or

grant any coverage for the benefit of any

person or organization holding, storing or

transporting property for a fee regardless

of any other provision of this Coverage

Form.

CIC0261

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5. Other Insurance

a. For any covered "auto" you own, this

Coverage Form provides primary in- surance. For any covered "auto" you

don't own, the insurance provided by

this Coverage Form is excess over

any other collectible insurance.

However, while a covered "auto"

which is a "trailer" is connected to

another vehicle, the Liability Cover- age this Coverage Form provides for

the "trailer" is:

(1) Excess while it is connected to a

motor vehicle you do not own.

(2) Primary while it is connected to

a covered "auto" you own.

b. For Hired Auto Physical Damage

Coverage, any covered "auto" you

lease, hire, rent or borrow is deemed

to be a covered "auto" you own.

However, any "auto" that is leased,

hired, rented or borrowed with a

driver is not a covered "auto".

c. Regardless of the provisions of

Paragraph a. above, this Coverage

Form's Liability Coverage is primary

for any liability assumed under an

"insured contract".

d. When this Coverage Form and any

other Coverage Form or policy cov- ers on the same basis, either excess

or primary, we will pay only our

share. Our share is the proportion

that the Limit of Insurance of our

Coverage Form bears to the total of

the limits of all the Coverage Forms

and policies covering on the same

basis.

6. Premium Audit

a. The estimated premium for this Cov- erage Form is based on the expo- sures you told us you would have

when this policy began. We will

compute the final premium due when

we determine your actual exposures.

The estimated total premium will be

credited against the final premium

due and the first Named Insured will

be billed for the balance, if any. The

due date for the final premium or retrospective premium is the date

shown as the due date on the bill. If

the estimated total premium exceeds

the final premium due, the first

Named Insured will get a refund.

b. If this policy is issued for more than

one year, the premium for this Cov- erage Form will be computed annu- ally based on our rates or premiums

in effect at the beginning of each

year of the policy.

7. Policy Period, Coverage Territory

Under this Coverage Form, we cover

"accidents" and "losses" occurring:

a. During the Policy Period shown in

the Declarations; and

b. Within the coverage territory.

The coverage territory is:

a. The United States of America;

b. The territories and possessions of

the United States of America;

c. Puerto Rico;

d. Canada; and

e. Anywhere in the world if:

(1) A covered "auto" of the private

passenger type is leased, hired,

rented or borrowed without a

driver for a period of 30 days or

less; and

(2) The "insured's" responsibility to

pay damages is determined in a

"suit" on the merits, in the United

States of America, the territories

and possessions of the United

States of America, Puerto Rico,

or Canada or in a settlement we

agree to.

We also cover "loss" to, or "accidents" in- volving, a covered "auto" while being

transported between any of these places.

8. Two or More Coverage Forms or Poli- cies Issued by Us

If this Coverage Form and any other

Coverage Form or policy issued to you by

us or any company affiliated with us apply

to the same "accident", the aggregate

maximum Limit of Insurance under all the

Coverage Forms or policies shall not ex- ceed the highest applicable Limit of In- surance under any one Coverage Form

or policy. This condition does not apply to

any Coverage Form or policy issued by

us or an affiliated company specifically to

apply as excess insurance over this Cov- erage Form.

CIC0262

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SECTION V - DEFINITIONS

A. "Accident" includes continuous or repeated

exposure to the same conditions resulting in

"bodily injury" or "property damage".

B. "Auto" means:

1. A land motor vehicle, "trailer" or semitrailer designed for travel on public roads;

or

2. Any other land vehicle that is subject to a

compulsory or financial responsibility law

or other motor vehicle insurance law

where it is licensed or principally garaged.

However, "auto" does not include "mobile

equipment".

C. "Bodily injury" means bodily injury, sickness or

disease sustained by a person including

death resulting from any of these.

D. "Covered pollution cost or expense" means

any cost or expense arising out of:

1. Any request, demand, order or statutory

or regulatory requirement that the "in- sured" or others test for, monitor, clean

up, remove, contain, treat, detoxify or

neutralize, or in any way respond to, or

assess the effects of "pollutants"; or

2. Any claim or "suit" by or on behalf of a

governmental authority for damages be- cause of testing for, monitoring, cleaning

up, removing, containing, treating, detoxifying or neutralizing, or in any way re- sponding to, or assessing the effects of

"pollutants".

"Covered pollution cost or expense" does not

include any cost or expense arising out of the

actual, alleged or threatened discharge, dis- persal, seepage, migration, release, escape

or emission of "pollutants":

a. That are, or that are contained in any

property that is:

(1) Being transported or towed by,

handled, or handled for move- ment into, onto or from the cov- ered "auto";

(2) Otherwise in the course of tran- sit by or on behalf of the "in- sured";

(3) Being stored, disposed of,

treated or processed in or upon

the covered "auto"; or

b. Before the "pollutants" or any prop- erty in which the "pollutants" are

contained are moved from the place

where they are accepted by the "in- sured" for movement into or onto the

covered "auto"; or

c. After the "pollutants" or any property

in which the "pollutants" are contained are moved from the covered

"auto" to the place where they are fi- nally delivered, disposed of or aban- doned by the "insured".

Paragraph a. above does not apply to fu- els, lubricants, fluids, exhaust gases or

other similar "pollutants" that are needed

for or result from the normal electrical,

hydraulic or mechanical functioning of the

covered "auto" or its parts, if:

(1) The "pollutants" escape, seep,

migrate, or are discharged, dis- persed or released directly from

an "auto" part designed by its

manufacturer to hold, store, re- ceive or dispose of such "pollut- ants"; and

(2) The "bodily injury", "property

damage" or "covered pollution

cost or expense" does not arise

out of the operation of any

equipment listed in Paragraphs

6.b. or 6.c. of the definition of

"mobile equipment".

Paragraphs b. and c. above do not apply

to "accidents" that occur away from

premises owned by or rented to an "in- sured" with respect to "pollutants" not in

or upon a covered "auto" if:

(1) The "pollutants" or any property

in which the "pollutants" are

contained are upset, overturned

or damaged as a result of the

maintenance or use of a cov- ered "auto"; and

(2) The discharge, dispersal, seep- age, migration, release, escape

or emission of the "pollutants" is

caused directly by such upset,

overturn or damage.

E. "Diminution in value" means the actual or per- ceived loss in market value or resale value

which results from a direct and accidental

"loss".

F. "Employee" includes a "leased worker". "Em- ployee" does not include a "temporary

worker".

G. "Insured" means any person or organization

qualifying as an insured in the Who is an In- sured provision of the applicable coverage.

CIC0263

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Except with respect to the Limit of Insurance,

the coverage afforded applies separately to

each insured who is seeking coverage or

against whom a claim or "suit" is brought.

H. "Insured contract":

1. Means:

a. A lease of premises;

b. A sidetrack agreement;

c. An easement or license agreement,

except in connection with construction or demolition operations on or

within 50 feet of a railroad;

d. An obligation, as required by ordi- nance, to indemnify a municipality,

except in connection with work for a

municipality;

e. That part of any other contract or

agreement pertaining to your busi- ness (including an indemnification of

a municipality in connection with

work performed for a municipality)

under which you assume the tort li- ability of another to pay for "bodily

injury" or "property damage" to a

third party or organization. Tort liability means a liability that would be im- posed by law in the absence of any

contract or agreement;

f. That part of any other contract or

agreement entered into, as part of

your business, pertaining to the

rental or lease, by you or any of your

"employees", of any "auto". How- ever, such contract or agreement

shall not be considered an "insured

contract" to the extent that it obli- gates you or any of your "employ- ees" to pay for "property damage" to

any "auto" rented or leased by you

or any of your "employees".

2. Does not include that part of any contract

or agreement:

a. That indemnifies a railroad for "bodily

injury" or "property damage" arising

out of construction or demolition op- erations, within 50 feet of any railroad property and affecting any railroad bridge or trestle, tracks, road

beds, tunnel, underpass or crossing;

or

b. That pertains to the loan, lease or

rental of an "auto" to you or any of

your "employees", if the "auto" is

loaned, leased or rented with a

driver; or

c. That holds a person or organization

engaged in the business of trans- porting property by "auto" for hire

harmless for your use of a covered

"auto" over a route or territory that

person or organization is authorized

to serve by public authority.

I. "Leased worker" means a person leased to

you by a labor leasing firm under an agree- ment between you and the labor leasing firm,

to perform duties related to the conduct of

your business. "Leased worker" includes su- pervisors furnished to you by the labor leasing

firm. "Leased worker" does not include a

"temporary worker".

J. "Loss" means direct and accidental loss or

damage.

K. "Mobile equipment" means any of the following types of land vehicles, including any attached machinery or equipment:

1. Bulldozers, farm machinery, forklifts and

other vehicles designed for use princi- pally off public roads;

2. Vehicles maintained for use solely on or

next to premises you own or rent;

3. Vehicles that travel on crawler treads;

4. Vehicles, whether self-propelled or not,

maintained primarily to provide mobility to

permanently mounted:

a. Power cranes, shovels, loaders, dig- gers or drills; or

b. Road construction or resurfacing

equipment such as graders, scrap- ers or rollers.

5. Vehicles not described in Paragraphs 1.,

2., 3., or 4. above that are not selfpropelled and are maintained primarily to

provide mobility to permanently attached

equipment of the following types:

a. Air compressors, pumps and gen- erators, including spraying, welding,

building cleaning, geophysical exploration, lighting and well servicing

equipment; or

b. Cherry pickers and similar devices

used to raise or lower workers.

6. Vehicles not described in Paragraphs 1.,

2., 3., or 4. above maintained primarily for

purposes other than the transportation of

persons or cargo. However, selfpropelled vehicles with the following

types of permanently attached equipment

are not "mobile equipment" but will be

considered "autos":

a. Equipment designed primarily for:

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(1) Snow removal;

(2) Road maintenance, but not con- struction or resurfacing; or

(3) Street cleaning;

b. Cherry pickers and similar devices

mounted on automobile or truck

chassis and used to raise or lower

workers; and

c. Air compressors, pumps and gen- erators, including spraying, welding,

building cleaning, geophysical exploration, lighting or well servicing

equipment.

However, "mobile equipment" does not in- clude land vehicles that are subject to a com- pulsory or financial responsibility law or other

motor vehicle insurance law where it is li- censed or principally garaged. Land vehicles

subject to a compulsory or financial responsi- bility law or other motor vehicle insurance law

are considered "autos".

L. "Pollutants" means any solid, liquid, gaseous

or thermal irritant or contaminant, including

smoke, vapor, soot, fumes, acids, alkalis,

chemicals, petroleum, petroleum products

and their by-products, and waste. Waste in- cludes materials to be recycled, reconditioned

or reclaimed. "Pollutants" include but are not

limited to substances which are generally rec- ognized in industry or government to be

harmful or toxic to persons, property or the

environment regardless of whether injury or

damage is caused directly or indirectly by the

"pollutants" and whether:

1. The "insured" is regularly or otherwise

engaged in activities which taint or de- grade the environment; or

2. The "insured" uses, generates or pro- duces the "pollutant".

M. "Property damage" means damage to or loss

of use of tangible property.

N. "Suit" means a civil proceeding in which:

1. Damages because of "bodily injury" or

"property damage"; or

2. A "covered pollution cost or expense",

to which this insurance applies, are alleged.

"Suit" includes:

a. An arbitration proceeding in which

such damages or "covered pollution

costs or expenses" are claimed and

to which the "insured" must submit or

does submit with our consent; or

b. Any other alternative dispute resolution proceeding in which such dam- ages or "covered pollution costs or

expenses" are claimed and to which

the insured submits with our con- sent.

O. "Temporary worker" means a person who is

furnished to you to substitute for a permanent

"employee" on leave or to meet seasonal or

short-term workload conditions.

P. "Trailer" includes semitrailer.

Q. "Workplace" means that place and during

such hours to which the "employee" sustaining "bodily injury" was assigned by you, or

any other person or entity acting on your be- half, to work on the date of the "accident".

NUCLEAR ENERGY LIABILITY EXCLUSION ENDORSEMENT

(Broad Form)

1. The insurance does not apply:

A. Under any Liability Coverage, to "bodily

injury" or "property damage":

(1) With respect to which an "insured"

under the policy is also an "insured"

under a nuclear energy liability policy

issued by Nuclear Energy Liability

Insurance Association, Mutual

Atomic Energy Liability Underwriters

or Nuclear Insurance Association of

Canada, or would be an "insured"

under any such policy but for its ter- mination upon exhaustion of its limit

of liability; or

(2) Resulting from the "hazardous prop- erties" of "nuclear material" and with

respect to which (a) any person or

organization is required to maintain

financial protection pursuant to the

Atomic Energy Act of 1954, or any

law amendatory thereof, or (b) the

"insured" is, or had this policy not

been issued would be, entitled to in- demnity from the United States of

America, or any agency thereof, un- der any agreement entered into by

the United States of America, or any

agency thereof, with any person or

organization.

B. Under any Medical Payments coverage,

to expenses incurred with respect to

"bodily injury" resulting from the "hazardCIC0265

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ous properties" of "nuclear facility" by any

person or organization.

C. Under any Liability Coverage, to "bodily

injury" or "property damage" resulting

from the "hazardous properties" of "nu- clear material", if:

(1) The "nuclear material" (a) is at any

"nuclear facility" owned by, or oper- ated by or on behalf of, an "insured"

or (b) has been discharged or dis- persed therefrom;

(2) The "nuclear material" is contained in

"spent fuel" or "waste" at any time

possessed, handled, used, proc- essed, stored, transported or dis- posed of by or on behalf of an "in- sured"; or

(3) The "bodily injury" or "property dam- age" arises out of the furnishing by

an "insured" of services, materials,

parts or equipment in connection

with the planning, construction,

maintenance, operation or use of

any "nuclear facility", but if such fa- cility is located within the United

States of America, its territories or

possessions or Canada, this Exclu- sion (3) applies only to "property

damage" to such "nuclear facility"

and any property thereat.

2. As used in this endorsement:

"Hazardous properties" include radioactive,

toxic or explosive properties;

"Nuclear material" means "source material",

"special nuclear material" or "byproduct material";

"Source material", "special nuclear material",

and "byproduct material" have the meanings

given them in the Atomic Energy Act of 1954

or in any law amendatory thereof;

"Spent fuel" means any fuel element or fuel

component, solid or liquid, which has been

used or exposed to radiation in a "nuclear re- actor";

"Waste" means any waste material (a) containing "byproduct material" other than the

tailings or wastes produced by the extraction

or concentration of uranium or thorium from

any ore processed primarily for its "source

material" content, and (b) resulting from the

operation by any person or organization of

any "nuclear facility" included under the first

two paragraphs of the definition of "nuclear

facility".

"Nuclear facility" means:

(a) Any "nuclear reactor";

(b) Any equipment or device designed or

used for (1) separating the isotopes of

uranium or plutonium, (2) processing or

utilizing "spent fuel", or (3) handling,

processing or packaging "waste";

(c) Any equipment or device used for the

processing, fabricating or alloying of

"special nuclear material" if at any time

the total amount of such material in the

custody of the "insured" at the premises

where such equipment or device is lo- cated consists of or contains more than

25 grams of plutonium or uranium 233 or

any combination thereof, or more than

250 grams of uranium 235;

(d) Any structure, basin, excavation, premises or place prepared or used for the

storage or disposal of "waste";

and includes the site on which any of the foregoing

is located, all operations conducted on such site

and all premises used for such operations:

"Nuclear reactor" means any apparatus designed

or used to sustain nuclear fission in a selfsupporting chain reaction or to contain a critical

mass of fissionable material;

"Property damage" includes all forms of radioactive contamination of property.

CIC0266

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AA 2009 01 17

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

CHANGES - TOWING AND LABOR

This endorsement modifies insurance provided by the following:

BUSINESS AUTO COVERAGE FORM

With respect to the coverage provided by this endorsement, the provisions of the Coverage Form apply unless 

modified by this endorsement.

1. SECTION III - PHYSICAL DAMAGE COVERAGE, A. Coverage, 2. Towing is deleted

in its entirety and replaced with:

2. Towing

We will pay up to the limit shown in the

Declarations for towing and labor costs

incurred each time a covered "auto" is

disabled. However, the labor must be performed at the place of disablement.

CIC0267

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AA 296 07 12

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CHANGES - AUDIO, VISUAL AND DATA ELECTRONIC

EQUIPMENT COVERAGE

This endorsement modifies insurance provided by the following:

BUSINESS AUTO COVERAGE FORM

With respect to the coverage provided by this endorsement, the provisions of the Coverage Form apply unless

modified by this endorsement.

1. SECTION III - PHYSICAL DAMAGE COVERAGE, B. Exclusions, 4. is deleted in its entirety and replaced with:

4. We will not pay for "loss" to any of the following:

a. Tapes, records, discs or similar audio, visual or data electronic devices

designed for use with audio, visual or 

data electronic equipment. b. Any device designed or used to detect speed-measuring equipment, 

such as radar or laser detectors, and 

any jamming apparatus intended to 

elude or disrupt speed-measuring 

equipment.

c. Any electronic equipment, without regard to whether this equipment is

permanently installed, that reproduces, receives or transmits audio, visual or data signals. d. Any accessories used with the electronic equipment described in Paragraph c. above. Exclusions 4.c. and 4.d. do not apply to

equipment designed to be operated solely

by use of the power from the "auto's" electrical system that, at the time of "loss", is:

a. Permanently installed in or upon the

covered "auto";

b. Removable from a housing unit which 

is permanently installed in or upon 

the covered "auto";

c. An integral part of the same unit 

housing any electronic equipment 

described in Paragraphs a. and b.

above; or

d. Necessary for the normal operation 

of the covered "auto" or the monitoring of the covered "auto's" operating 

system.

2. SECTION III - PHYSICAL DAMAGE COVERAGE, C. Limits of Insurance, 1. is deleted in

its entirety and replaced with:

1. The most we will pay for:

a. "Loss" to any covered "auto" is the 

lesser of;

(1) The actual cash value of the

damaged or stolen property as of

the time of the "loss"; or

(2) The cost of repairing or replacing

the damaged or stolen property 

with other property of like kind or

quality.

b. All electronic equipment that reproduces, receives or transmits audio, visual or data signals in any one "loss", is up to $1,000, if, at the time 

of "loss", such electronic equipment 

is:

(1) Permanently installed in or upon

the covered "auto" in a housing, 

opening or other location that is

not normally used by the "auto" 

manufacturer for the installation

of such equipment;

(2) Removable from a permanently 

installed housing unit as described in Paragraph b.1. above; 

or

(3) An integral part of such equipment as described in Paragraphs b.(1) and b.(2) above. 3. AUDIO, VISUAL AND DATA ELECTRONIC 

EQUIPMENT COVERAGE ADDED LIMITS

The sub-limit in Paragraph 1.b. above is in addition to the Limit of Insurance shown in the 

Schedule of the Audio, Visual and Data 

Equipment Coverage endorsement, if purchased.

CIC0268

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AA 4004 03 06

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - DESIGNATED

PERSON OR ORGANIZATION

This endorsement modifies insurance provided under the following:

BUSINESS AUTO COVERAGE FORM

This endorsement changes the policy effective on the inception date of the policy unless another date is

indicated below.

Endorsement Effective: Policy Number:

Named Insured:

Countersigned by:

(Authorized Representative)

The person or organization named in the following schedule is an "insured" to the extent of their liability for the

conduct of another "insured" as provided in SECTION II - LIABILITY COVERAGE, A. Coverage, 1. Who is an

Insured, Paragraph c.

Schedule

Additional Insured

Address:

12-12-2019 ETA 051 52 30

THE BEND HOTEL DEVELOPMENT COMPANY LLC

THE OLYMPIA COMPANIES INC

PO BOX 508

PORTLAND, ME 04112-0508

CIC0269

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AA 4004 03 06

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - DESIGNATED

PERSON OR ORGANIZATION

This endorsement modifies insurance provided under the following:

BUSINESS AUTO COVERAGE FORM

This endorsement changes the policy effective on the inception date of the policy unless another date is

indicated below.

Endorsement Effective: Policy Number:

Named Insured:

Countersigned by:

(Authorized Representative)

The person or organization named in the following schedule is an "insured" to the extent of their liability for the

conduct of another "insured" as provided in SECTION II - LIABILITY COVERAGE, A. Coverage, 1. Who is an

Insured, Paragraph c.

Schedule

Additional Insured

Address:

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THE BEND HOTEL DEVELOPMENT COMPANY LLC

METROPOLITAN AIRPORT AUTHORITY OF ROCK ISLAND COUNTY IL DBA QUAD CITY

INTERNATIONAL AIRPORT

2200 69TH AVE

MOLINE, IL 61265-8315

CIC0270

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Includes copyrighted material of ISO

AA 4044 IL 01 15 Properties, Inc., with its permission. Page 1 of 4

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

ILLINOIS UNINSURED MOTORISTS COVERAGE

Throughout this endorsement "you" and "your" refer to the organization(s) and a natural person(s) shown as a

Named Insured on this endorsement. "You" and "your" do not refer to any other person(s) or organization(s), 

including but not limited to agents, employees, servants, members, shareholders or independent contractors of 

any person or organization shown as a Named Insured on this endorsement.

For a covered "auto" licensed or principally garaged in, or "garage operations" conducted in Illinois, this endorsement modifies insurance provided under the following:

BUSINESS AUTO COVERAGE FORM

GARAGE COVERAGE FORM

MOTOR CARRIER COVERAGE FORM

TRUCKERS COVERAGE FORM

With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless

modified by this endorsement.

This endorsement changes the Coverage Form effective on the effective date of the Coverage Form unless

another date is indicated below.

Endorsement Effective: Policy Number:

Named Insured:

SCHEDULE

Limit of Insurance

$ Each "Accident"

(If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement).

A. Coverage

1. We will pay all sums the "insured" is legally

entitled to recover as compensatory damages from the owner or operator of:

a. An "uninsured motor vehicle" as defined in Paragraph F.4.a. and b. because of "bodily injury":

(1) Sustained by the "insured"; and

(2) Cause by an "accident".

b. An "uninsured motor vehicle" as defined in Paragraph F.4.c. because of "bodily injury" sustained by the "insured". The owner's or operator's liability for these 

damages must result from the ownership, 

maintenance or use of the "uninsured motor 

vehicle". The "insured" shall be required to 

prove all elements of the "insured's" claim

that are necessary to recover from the owner or operator of the "uninsured motor vehicle".

2. We will pay under this endorsement only if 

the limits of insurance under all applicable 

liability bonds or policies have been partially 

or fully exhausted by payment of judgments 

or settlements. 3. Any judgment for damages arising out of a "suit" brought without our written consent to 

both the "suit" and the judgment is not binding on us. B. Who is an Insured

The following are "insureds":

1. If any natural persons are specifically listed 

as a Named Insured on this endorsement, 

the following persons are "insureds":

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THE BEND HOTEL DEVELOPMENT COMPANY LLC

REFER TO AA4183

CIC0271

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a. Natural persons specifically listed as a 

Named Insured on this endorsement;

b. "Family members" of natural persons

specifically listed as a Named Insured 

on this endorsement;

c. Any natural person, but only for injuries

that occur while "occupying" an "auto"

for which coverage is provided in the 

Coverage Form or a temporary substitute for such covered "auto". In such 

case, the covered "auto" must be out of

service because of its break down, repair, servicing, "loss" or destruction; 

and

d. Any natural person, but only for damages he or she is entitled to recover 

because of "bodily injury" sustained by

an "insured" described in Paragraphs

B.1.a., b. or c.

2. If an entity other than a natural person is 

listed as a Named Insured on this endorsement, and no natural persons are listed as a 

Named Insured in the endorsement, the following persons are "insureds":

a. Any natural person, but only for injuries 

that occur while "occupying" an "auto"

for which coverage is provided in the 

Coverage Form or a temporary substitute for such covered "auto". In such 

case, the covered "auto" must be out of 

service because of its break down, repair, servicing, "loss" or destruction. b. Any natural person is an "insured", but 

only for damages he or she is entitled 

to recover because of "bodily injury"

sustained by an "insured" described in 

Paragraph B.2.a. C. Exclusions

This insurance does not apply to any of the following:

1. Any claim settled with the person(s) or organization(s) legally responsible for the "accident" or the insurer or legal representative 

of such person(s) or organization(s) without 

our consent.

2. The direct or indirect benefit of any insurer 

or self-insurer under any personal injury protection benefits, workers' compensation, 

disability benefits, pension statutes or similar laws. 3. "Bodily injury" sustained by an "insured" while the "insured" is operating, or "occupying" a "motor vehicle" owned by, furnished

to, or available for the regular use of a 

Named Insured or, if the Named Insured is 

a natural person, a spouse, or a resident 

relative of such Named Insured, if the "motor vehicle" is not specifically identified in the 

Coverage Form or is not a newly acquired 

or replacement "motor vehicle" covered under the terms of the Coverage Form. 4. "Bodily injury" suffered by any person while 

operating or "occupying" a "motor vehicle" without reasonable belief that he or she is 

entitled to do so. 

5. Punitive or exemplary damages. D. Limit of Insurance

1. Regardless of the number of policies, covered "autos", "insureds", premiums paid, 

claims-made or vehicles involved in the "accident", the most we will pay for all damages, including, but not as a separate claim, 

damages claimed by any person or organization for care, loss of services, or death 

due to and arising out of any one "accident"

is the limit of Uninsured Motorists Coverage shown in the Schedule or the Declarations. We will apply the limit shown in the schedule or the Declarations to first provide the 

separate limits required by the Illinois Safety

Responsibility Law as follows:

a. $25,000 for "bodily injury" to any one 

person due to and arising out of any

one "accident", and

b. $50,000 for "bodily injury" to two or 

more persons due to and arising out of 

any one "accident". This provision will not change our total limit 

of insurance. 2. No one will be entitled to receive duplicate 

payments for the same elements of "loss" under this endorsement and any Liability 

Coverage Form. We will not make a duplicate payment under

this endorsement for any element of "loss"

for which payment has been made by or for 

anyone who is legally liable. We will not pay for any element of "loss" if a 

person is entitled to receive payment for the

same element of "loss" under any personal 

injury protection benefits, workers' compensation, disability benefits, pension statutes 

or similar laws, including medical payments 

made under any statute. 3. The limit of insurance provided in this endorsement shall be reduced by all sums 

available for payment to the "insured" for "bodily injury" under all liability bonds or policies covering persons or organizations legally liable for the "accident".

CIC0272

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E. Changes in Conditions

The Conditions for Illinois Uninsured Motorists Coverage are changed as follows:

1. With respect to an "uninsured motor vehicle", the Other Insurance Condition in the

Business Auto and Garage Coverage 

Forms and Other Insurance Primary and

Excess Insurance Provisions in the Truck- ers and Motor Carrier Coverage Forms are 

replaced by the following:

If there is other applicable insurance available under one or more policies or provisions

of coverage:

a. The maximum recovery under all coverage forms or policies combined may

equal but not exceed the highest applicable limit for any one vehicle under 

any coverage form or policy providing 

coverage on either a primary or excess

basis. b. Any insurance we provide with respect 

to a vehicle you do not own shall be excess over any other collectible uninsured motorists insurance. We will pay

only the amount by which the limit of insurance for this coverage exceeds the 

limits of such other insurance.

c. If the coverage under this endorsement 

is provided:

(1) On a primary basis, we will pay only our share of the "loss" that must 

be paid under insurance providing

coverage on a primary basis. Our 

share is the proportion that our limit of insurance bears to the total of

all applicable limits of insurance for 

coverage on a primary basis.

(2) On an excess basis, we will pay 

only our share of the "loss" that 

must be paid under insurance 

providing coverage on an excess

basis. Our share is the proportion 

that our limit of insurance bears to 

the total of all applicable limits of

insurance for coverage on an excess basis. 2. Duties in the Event of Accident, Claim, 

Suit or Loss is changed by adding the following:

a. You or any other involved "insured" must promptly notify the police if a hit- and-run driver is involved;

b. You or any other involved "insured" 

must promptly send us copies of the legal papers if a "suit" is brought; and

c. You and any other involved "insured" 

must cooperate with us in the investigation, settlement or defense of the claim

or "suit". Cooperation includes, but is

not limited to, identifying all parties who 

may be responsible for the "accident" 

and all insurers who may be obligated

to provide coverage. 3. Transfer of Rights of Recovery Against 

Others to Us does not apply.

4. The following Condition is added:

Reimbursement And Trust

If we make any payment and the "insured"

recovers from another party, the "insured" shall hold the proceeds in trust for us and 

pay us back the amount we have paid. 5. Legal Action Against Us is replaced by the 

following:

No lawsuit or action whatsoever or any proceeding in arbitration shall be brought 

against us for the recovery of any claim under the provisions of the Uninsured Motorists Coverage of this Coverage Form unless

the "insured" has satisfied all of the things 

that "insured" is required to do under the 

terms and conditions of this endorsement. 

Any claim or "suit" for Uninsured Motorists 

Coverage must be brought within two (2) 

years of the date of the "accident" causing 

the "bodily injury" or one (1) year after the 

date the liability insurer of the "uninsured

motor vehicle" becomes insolvent, whichever is later. Our subrogation rights also must 

not be prejudiced.

6. The following Condition is added:

Arbitration

a. If we and an "insured" do not agree:

(1) Whether that person is legally entitled to recover damages from a 

party responsible for the "accident"; or

(2) As to the amount of damages that 

may be recovered;

the matter may be settled by arbitration. However, disputes concerning coverage under this endorsement may not 

be arbitrated.

The "insured" and we must mutually

agree to arbitrate the disagreements. If 

the "insured" and we do not agree to 

arbitrate, then the disagreement will be 

resolved in a court having competent 

jurisdiction.

If arbitration is used, each party will select an arbitrator. The two arbitrators

CIC0273

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will select a third. If they cannot agree 

within 45 days as to the third arbitrator, 

either may request that selection be 

made by a judge of a court having jurisdiction. Each party will:

(1) Pay the expenses it incurs; and

(2) Bear the expenses of the third arbitrator equally.

b. Unless both parties agree otherwise, 

arbitration will take place in the county

in which the "insured" lives. If arbitration

is submitted to the American Arbitration

Association, then the American Arbitration Association rules shall apply to all 

matters except medical opinions. As to 

medical opinions, if the amount of 

damages being sought:

(1) Is equal to or less than the minimum limit for "bodily injury" liability 

specified by the Illinois Safety Responsibility Law, then the American

Arbitration Association rules shall 

apply.

(2) Exceeds the minimum limit for "bodily injury" liability specified by 

the Illinois Safety Responsibility 

Law, then the rules of evidence 

that apply in the circuit court for

placing medical opinions into evidence shall apply.

In all other arbitration proceedings, local rules of law as to arbitration procedure and evidence will apply. A decision 

agreed to by two of the arbitrators will 

be binding as to the amount of damages not exceeding the lesser of either:

(1) $75,000 for "bodily injury" to any 

one person/$150,000 for "bodily injury" to two or more persons

caused by any one "accident"; or

(2) The Limit of Uninsured Motorists

Insurance shown in the Schedule 

or Declarations. F. Additional Definitions

As used in this endorsement:

1. "Family member" means a natural person 

who is related to and is a resident of the 

same household as a natural person shown 

as a Named Insured on this endorsement. 

Such relation may be by blood, marriage or 

adoption and may include a ward or foster 

child. 2. "Motor vehicle" means a self-propelled vehicle designed for use and principally used on 

public roads, including an automobile, truck, semi-tractor, motorcycle and bus. "Motor 

vehicle" also includes a motor home, provided the motor home is not stationary and 

is not being used as a temporary or permanent residence or office. "Motor vehicle" does not include a trolley, streetcar, "trailer", railroad engine, railroad car, motorized bicy- cle, golf cart, off-road recreational vehicle, snowmobile, fork lift, aircraft, watercraft, 

construction equipment, farm tractor or other vehicle designed and principally used for 

agricultural purposes, mobile home, vehicle

traveling on treads or rails or any similar vehicle.

3. "Occupying" means in, upon, getting in, on, 

out or off.

4. "Uninsured motor vehicle" means a land "motor vehicle" or "trailer":

a. For which no liability bond or policy applies at the time of an "accident". b. For which an insuring or bonding company denies coverage or is or becomes 

insolvent.

c. That is a hit-and-run vehicle and neither 

the operator nor owner can be identified. The vehicle must either:

(1) Hit an "insured", a covered "auto" 

or a vehicle an "insured" is "occupying"; or

(2) Cause "bodily injury" to an "insured" without hitting an "insured", 

a covered "auto" or a vehicle an "insured" is "occupying". 

We will only accept competent evidence which may include the testimony, under oath, of a person making claim 

under this or similar coverage.

However, "uninsured motor vehicle" does 

not include any "motor vehicle":

a. Owned or operated by a self-insurer 

under any applicable motor vehicle law, 

except a self-insurer who is or becomes insolvent and cannot provide the 

amounts required by that motor vehicle

law.

b. Owned by any governmental unit or 

agency.

c. Designed for use mainly off public

roads while not on public roads. d. Owned by or furnished or available for 

your regular use or that of any "family

member" or any other "insured". e. For which liability coverage is afforded

under this Coverage Form.

CIC0274

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Includes copyrighted material of ISO

AA 4045 IL 11 08 Properties, Inc., with its permission. Page 1 of 5

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

ILLINOIS UNDERINSURED MOTORISTS COVERAGE

Throughout this endorsement "you" and "your" refer to the organization(s) and a natural person(s) shown as a

Named Insured on this endorsement. "You" and "your" do not refer to any other person(s) or organization(s), 

including but not limited to agents, employees, servants, members, shareholders or independent contractors of 

any person or organization shown as a Named insured on this endorsement.

For a covered "auto" licensed or principally garaged in, or "garage operations" conducted in Illinois, this endorsement modifies insurance provided under the following:

BUSINESS AUTO COVERAGE FORM

GARAGE COVERAGE FORM

MOTOR CARRIER COVERAGE FORM

TRUCKERS COVERAGE FORM

With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless

modified by this endorsement.

This endorsement changes the Coverage Form effective on the effective date of the Coverage Form unless

another date is indicated below.

Endorsement Effective: Policy Number:

Named Insured:

SCHEDULE

Limit of Liability

$ Each Accident

(If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.)

With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply

unless modified by the endorsement.

A. Coverage

1. We will pay all sums the "insured" is legally

entitled to recover as compensatory damages from the owner or operator of an "underinsured motor vehicle". The damages 

must result from "bodily injury" sustained by 

the "insured" caused by an "accident". The 

owner's or operator's liability for these damages must result from the ownership, maintenance or use of the "underinsured motor 

vehicle". The "insured" shall be required to 

prove all elements of the "insured's" claim 

that are necessary to recover from the 

owner or operator of the "underinsured" motor vehicle". 

2. We will pay under this endorsement only if 

a. or b. below applies:

a. The limits of insurance under all applicable liability bonds or policies have 

been partially or fully exhausted by

payment of judgments or settlements; 

or

b. A "tentative settlement" has been made 

between an "insured" and a person(s) 

or organization(s) who may be legally

responsible for the "accident", or the insurer and legal representative of such

person(s) or organization(s) and we:

(1) Have been given a prompt written 

notice of such settlement and advance payment to the "insured" 

equal to the "tentative settlement" 

within 30 days after receipt of notification; or

(2) We and an "insured" have reached 

a "settlement agreement".

3. Any judgment for damages arising out of a "suit" brought without our written consent to 

both the "suit" and the judgment is not binding on us.

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THE BEND HOTEL DEVELOPMENT COMPANY LLC

REFER TO AA4183

CIC0275

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AA 4045 IL 11 08 Properties, Inc., with its permission. Page 2 of 5

B. Who is an Insured

The following are "insureds":

1. If any natural persons are specifically listed 

as a Named Insured on this endorsement, 

the following persons are "insureds":

a. Natural persons specifically listed as a 

Named Insured on this endorsement;

b. "Family members" of natural persons

specifically listed as a Named Insured

on this endorsement;

c. Any natural person, but only for injuries

that occur while "occupying" an "auto"

for which coverage is provided in the 

Coverage Form or a temporary substitute for such covered "auto". In such 

case, the covered "auto" must be out of

service because of its break down, repair, servicing, "loss" or destruction; 

and

d. Any natural person, but only for damages he or she is entitled to recover 

because of "bodily injury" sustained by

an "insured" described in Paragraphs

B.1.a., b. or c.

2. If an entity other than a natural person is 

listed as the Named Insured on this endorsement, and no natural persons are 

listed as Named Insureds in the Declarations, the following persons are "insureds":

a. Any natural person, but only for injuries

that occur while "occupying" an "auto"

for which coverage is provided in the 

Coverage Form or a temporary substitute for such covered "auto". In such 

case, the covered "auto" must be out of 

service because of its break down, repair, servicing, "loss" or destruction. b. Any natural person is an "insured", but 

only for damages he or she is entitled 

to recover because of "bodily injury"

sustained by an "insured" described in 

Paragraph B.2.a. C. Exclusions

This insurance does not apply to any of the following:

1. Any claim settled with the person(s) or organization(s) legally responsible for the "accident" or the insurer or legal representative 

of such person(s) or organization(s) without 

our consent.

2. The direct or indirect benefit of any insurer 

under any personal injury protection, work- ers' compensation, disability benefits, pension statutes or similar law.

3. "Bodily injury" sustained by an "insured" while the "insured" is operating or "occupying" a "motor vehicle" owned by, furnished 

to, or available for the regular use of a 

Named Insured or, if the Named Insured is 

a natural person, a spouse or a resident 

relative of such Named Insured, if the "motor vehicle" is not specifically identified in the 

Coverage Form or is not a newly acquired

or replacement "motor vehicle" covered under the terms of the Coverage Form. 4. "Bodily injury" suffered by any person while 

operating or "occupying" a "motor vehicle" without reasonable belief that he or she is 

entitled to do so.

5. Punitive or exemplary damages. D. Limit of Insurance

1. Regardless of the number of policies, covered "autos", "insureds", premiums paid, 

claims-made or vehicles involved in the "accident", the most we will pay for all damages, including, but not as a separate claim, 

damages claimed by any person or organization for care, loss of services, or death 

due to and arising out of any one "accident"

is the limit of Underinsured Motorists 

Coverage shown in the Schedule or the

Declarations. 2. Except in the event of a "settlement agreement", the limit of insurance provided in this 

endorsement shall be reduced by all sums 

available for payment:

a. To the "insured" for "bodily injury" under

all liability bonds or policies covering 

persons or organizations legally liable 

for the "accident". b. Under any automobile medical pay- ments coverage. However, the limit of 

insurance provided in this endorsement 

shall not be reduced by any sums paid 

or payable under Social Security disability benefits. No one will be entitled to receive duplicate 

payments for the same elements of "loss" 

under this endorsement and any Liability

Coverage Form. We will not make duplicate payment under 

this endorsement for element of "loss" for 

which payment has been made by or for 

anyone who is legally liable. We will not pay for any element of "loss" if a

person is entitled to receive payment for the 

same element of "loss" under any personal 

injury protection, workers' compensation, 

disability benefits, pension statutes or similar law, including medical payments made 

under any statute

CIC0276

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3. In the event of a "settlement agreement", 

the maximum limit of insurance provided in 

this endorsement shall be the amount by

which the limit of insurance provided in this 

endorsement exceeds the limits of bodily injury liability bonds or policies applicable to 

the owner or operator of the "underinsured 

motor vehicle".

E. Changes in Conditions

The Conditions for Illinois Underinsured Motorists Coverage are changed as follows:

1. With respect to an "underinsured motor vehicle", the Other Insurance Condition in 

the Business Auto and Garage Coverage 

Forms and Other Insurance Primary and

Excess Insurance Provisions in the Truck- ers and Motor Carrier Coverage Forms are 

replaced by the following:

If there is other applicable insurance available under one or more policies or provisions of coverage:

a. The maximum recovery under all coverage forms or policies combined may

equal but not exceed the highest applicable limit for any one vehicle under 

any coverage form or policy providing 

coverage on either a primary or excess

basis.

b. Any insurance we provide with respect 

to a vehicle you do not own shall be excess over any other collectible underinsured motorists insurance. We will pay

only the amount by which the limit of insurance for this coverage exceeds the 

limits of such other insurance. c. If the coverage under this endorsement 

is provided:

(1) On a primary basis, we will pay 

only our share of the "loss" that 

must be paid under insurance providing coverage on a primary basis. Our share is the proportion that

our limit of insurance bears to the 

total of all applicable limits of insurance for coverage on a primary 

basis.

(2) On an excess basis, we will pay 

only our share of the "loss" that 

must be paid under insurance providing coverage on an excess basis. Our share is the proportion that 

our limit of insurance bears to the 

total of all applicable limits of insurance for coverage on an excess

basis.

2. Duties in the Event of Accident, Claim, 

Suit or Loss is changed by adding the following:

a. A person seeking Underinsured Motorists Coverage must promptly notify us

in writing of a "tentative settlement" between the "insured" and a person(s) or 

organization(s) who may be legally responsible for the "accident", or the insurer or legal representative of such 

person(s) or organization(s) and allow

us 30 days to advance payment to that "insured" in an amount equal to the "tentative settlement" to preserve our 

rights against the person(s) or organization(s) who may be legally responsible for the "accident", or the insurer or 

legal representative of such person(s) 

or organization(s).

b. File "suit" against the person(s) or organization(s) who may be legally responsible for the "accident" or the insurer or legal representative of such 

person(s) or organization(s), prior to the

conclusion of a "settlement agreement". 

Such "suit" cannot be abandoned or

settled without giving us notice in writing of a "tentative settlement" between 

the "insured" and a person(s) or organization(s) who may be legally responsible for the "accident", or the insurer or 

legal representative of such person(s) 

or organization(s) and allowing us 30 

days to advance payment to that "insured" in an amount equal to that settlement to preserve our rights against 

the person(s) or organization(s) who 

may be legally responsible for the "accident", or the insurer or legal representative of such person(s) or organization(s);

c. You or any other involved "insured" must promptly send us copies of the legal papers if a "suit" is brought; and

d. You and any other involved "insured" 

must cooperate with us in the investigation, settlement or defense of the claim 

or "suit". Cooperation includes, but is

not limited to, identifying all parties who 

may be responsible for the "accident" and all insurers who may be obligated

to provide coverage. 3. The following is added to Transfer of 

Rights of Recovery Against Others to Us:

Transfer of Rights of Recovery Against 

Others to Us does not apply to damages

caused by an "accident" with an "underinsured motor vehicle" if we:

CIC0277

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a. Have been given prompt written notice 

of a "tentative settlement" between an "insured" and a person(s) or organization(s) who may be legally responsible 

for the "accident", or the insurer or legal

representative of such person(s) or organization(s); and

b. Fail to advance payment to the "insured" in an amount equal to the "tentative settlement" within 30 days after receipt of notification.

If we advance payment to the "insured" in 

an amount equal to the "tentative settlement" within 30 days after receipt of notification:

a. That payment will be separate from any

amount the "insured" is entitled to recover under the provisions of Underinsured Motorists Coverage; and

b. We also have a right to recover the advanced payment.

However, in the event of a "settlement 

agreement", we shall be entitled to recover 

only for amounts which exceed the limit of 

bodily injury liability bonds or policies applicable to the owner or operator of the "underinsured motor vehicle".

4. The following Condition is added:

Reimbursement And Trust

If we make any payment and the "insured"

recovers from another party, the "insured" shall hold the proceeds in trust for us and 

pay us back the amount we have paid. However, in the event of a "settlement 

agreement", we shall be entitled to recover 

only for amounts which exceed the limit of 

bodily injury liability bonds or policies applicable to the owner or operator of the "underinsured motor vehicle".

5. Legal Action Against Us is replaced by the 

following:

No lawsuit or action whatsoever or any proceeding in arbitration shall be brought 

against us for the recovery of any claim under the provisions of the Underinsured Motorists Coverage of this Coverage Form 

unless the "insured" has satisfied all of the 

things that "insured" is required to do under 

the terms and conditions of this endorsement. Any claim or "suit" for Underinsured 

Motorists Coverage must be brought within 

two (2) years of the date of the "accident"

causing the "bodily injury" or one (1) year after the date the liability insurer of the "uninsured motor vehicle" becomes insolvent, 

whichever is later. Our subrogation rights 

also must not be prejudiced.

6. The following Condition is added:

Arbitration

a. If we and an "insured" do not agree:

(1) Whether that person is legally entitled to recover damages from a

party responsible for the "accident"; or

(2) As to the amount of damages that 

may be recovered;

the matter may be settled by arbitration. However, disputes concerning coverage under this endorsement may not 

be arbitrated. The "insured" and we must mutually 

agree to arbitrate the disagreements. If 

the "insured" and we do not agree to 

arbitrate, then the disagreement will be 

resolved in a court having competent 

jurisdiction.

If arbitration is used, each party will select an arbitrator. The two arbitrators 

will select a third. If they cannot aggress within 45 days as to the third arbitrator, either may request that selection 

be made by a judge of a court having 

jurisdiction. Each party will:

(1) Pay the expenses it incurs; and

(2) Bear the expenses of the third arbitrator equally.

b. Unless both parties agree otherwise, 

arbitration will take place in the county

in which the "insured" lives. Local rules

of law as to arbitration procedures and 

evidence will apply. A decision agreed 

to by two of the arbitrators will be binding as to:

(1) Whether the "insured" is legally entitled to recover damages from a 

party responsible for the "accident"; and

(2) The amount of damages. F. Additional Definitions

As used in this endorsement:

1. "Family member" means a natural person 

who is related to and is a resident of the 

same household as a natural person shown 

as a Named Insured on this endorsement. 

Such relation may be by blood, marriage or 

adoption, and may include a ward or foster 

child. 2. "Motor vehicle" means a self-propelled vehicle designed for use and principally used on 

public roads, including an automobile, truck, 

CIC0278

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Includes copyrighted material of ISO

AA 4045 IL 11 08 Properties, Inc., with its permission. Page 5 of 5

semi-tractor, motorcycle and bus. "Motor 

vehicle" also includes a motor home, provided the motor home is not stationary and 

is not being used as a temporary or permanent residence or office. "Motor vehicle" 

does not include a trolley, streetcar, "trailer", railroad engine, railroad car, motorized bicy- cle, golf cart, off-road recreational vehicle, snowmobile, fork lift, aircraft, watercraft, 

construction equipment, farm tractor or 

other vehicle designed and principally used 

for agricultural purposes, mobile home, vehicle traveling on treads or rails or any similar vehicle. 3. "Occupying" means in, upon, getting in, on, 

out or off.

4. "Settlement agreement" means we and an "insured" agree that the "insured" is legally

entitled to recover, from the person(s) or organization(s) who may be legally responsible for the "accident", or the legal representative of such person(s) or organization(s), 

damages for "bodily injury" and, without arbitration, agree also as to the amount of

damages. Such agreement is final and binding regardless of any subsequent judgment 

or settlement reached by the "insured" with 

the person(s) or organization(s) who may be 

legally responsible for the "accident", or the 

legal representative of such person(s) or organization(s),.

5. "Tentative settlement" means an offer from 

the person(s) or organization(s) who may be 

legally responsible for the "accident", or the 

legal representative of such person(s) or organization(s), to compensate an "insured"

for damages incurred because of "bodily injury" sustained in an "accident" involving an

"underinsured motor vehicle".

6. "Underinsured motor vehicle" means a land "motor vehicle" or "trailer" of any type for 

which the sum of the limits of coverage 

available for payment to the "insured" under 

all liability bonds or policies covering person(s) or organization(s) liable to the "insured" at the time of an "accident" are less 

than the Limit of Insurance for this coverage

or reduced by payments to others injured in 

the accident to an amount which is less than 

the Limit of Insurance for this coverage. 

However, "underinsured motor vehicle" does not include any "motor vehicle":

a. Owned or operated by any self-insurer 

under any applicable motor vehicle law, 

except a self-insurer who is or becomes insolvent and cannot provide the 

amount required by that motor vehicle 

law.

b. Owned by any governmental unit or 

agency.

c. Designed for use mainly off public

roads while not on public roads. d. Which is an "uninsured motor vehicle".

e. Owned by, furnished or available for the 

regular use of any "insured", other than 

the named insured, or a "family member" of a named insured.

f. For which liability coverage is afforded 

under this Coverage Form.

CIC0279

Case: 1:20-cv-04636 Document #: 9-1 Filed: 10/09/20 Page 280 of 327 PageID #:325
IMPORTANT NOTICE TO ILLINOIS INSUREDS

DEFENSIVE DRIVING COURSE DISCOUNT

FOR SENIOR CITIZENS

In accordance with Illinois law, the Secretary of State will provide documentation to those people over age 55

who have successfully completed a defensive driving course. A discount of 5% will apply to the premiums for

Bodily Injury Liability, Property Damage Liability, Medical Payments, and Collision coverages of the vehicle

principally operated by any senior citizen who presents such documentation.

AA 4047 IL 03 98

CIC0280

Case: 1:20-cv-04636 Document #: 9-1 Filed: 10/09/20 Page 281 of 327 PageID #:326
Includes copyrighted material of ISO

AA 4136 IL 01 15 Properties, Inc., with its permission.

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

ILLINOIS CHANGES

For a covered "auto" licensed or principally garaged in Illinois, this endorsement modifies insurance provided

under the following:

BUSINESS AUTO COVERAGE FORM

With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless

modified by the endorsement.

A. Changes in Liability Coverage

1. Paragraph A.1.b.(3) of the Who is an Insured provision does not apply.

2. Our Limit of Insurance applies except 

that we will apply the limit shown in the 

Declarations to first provide the separate 

limits required by the Illinois Safety Responsibility Law as follows:

a. $25,000 for "bodily injury" to any one

person caused by any one "accident",

b. $50,000 for "bodily injury" to two or

more persons caused by any one "accident", and

c. $20,000 for "property damage" 

caused by any one "accident".

This provision will not change our total Limit 

of Insurance.

B. Changes in Physical Damage Coverage

The following is added to the Limit of Insurance provision with respect to repair or replacement resulting in better than like kind or 

quality and supercedes any provision to the 

contrary:

3. We may deduct for betterment if:

a. The deductions reflect a measurable 

decrease in market value attributable 

to the poorer condition of, or prior 

damage to, the vehicle.

b. The deductions are for prior wear and 

tear, missing parts and rust damages

that is reflective of the general overall 

condition of the vehicle considering 

its age. In this event, deductions may 

not exceed $500.

C. Changes in Conditions

The Other Insurance condition is changed by 

the addition of the following:

Liability Coverage provided by this Coverage 

Form for any "auto" you do not own is primary

if:

1. The "auto" is owned or held for sale or 

lease by a new or used vehicle dealership;

2. The "auto" is operated by an "insured" with the permission of the dealership described in Paragraph 1. while your "auto"

is being repaired or evaluated; and

3. The Limit of Insurance for Liability Coverage under this policy is at least:

a. $100,000 for "bodily injury" to any one 

person caused by any one "accident",

b. $300,000 for "bodily injury" to two or 

more persons caused by any one "accident", and

c. $50,000 for "property damage" 

caused by any one "accident".

CIC0281

Case: 1:20-cv-04636 Document #: 9-1 Filed: 10/09/20 Page 282 of 327 PageID #:327
AA 4168 IL 01 15

UNINSURED/UNDERINSURED MOTORISTS

PROTECTION OPTION SELECTION FORM - ILLINOIS

The laws of Illinois require that automobile liability insurance policies offer Uninsured/Underinsured Motorists 

Coverage limits equal to the Bodily Injury Limits of the policy to which the coverage attaches. You may, 

however, select coverage at a lower limit. YOU ARE ELECTING TO PURCHASE UNINSURED MOTORISTS LIMITS LESS THAN YOUR BODILY

INJURY LIABILITY LIMITS WHEN YOU SIGN THIS FORM.

Uninsured Motorists Coverage provides for payment of certain benefits for damages caused by owners or 

operators of uninsured motor vehicles because of bodily injury or death resulting therefrom.

Underinsured Motorists Coverage provides for payment of certain benefits for damages caused by owners or

operators of underinsured motor vehicles because of bodily injury or death resulting therefrom. An Underinsured motor vehicle is a vehicle to which a bodily injury policy or bond applies at the time of the

accident but its limit for bodily injury liability is less than the limit of liability for this coverage.

Such benefits may include payments for certain medical expenses, lost wages and pain and suffering, subject

to limitations and conditions in the policy.

Uninsured/Underinsured Motorist options are available for a modest premium: PLEASE CONTACT YOUR 

AGENT for the exact cost.

PLEASE SELECT ONE OF THE FOLLOWING:

I select Uninsured/Underinsured Motorists Coverage at the following limits which are lower than the

Bodily Injury Liability Limits of my policy.

Thousand Dollars

Split Limit Single Limit

LIMITS OF LIABILITY  ̈ *25/50  ̈ 50*  ̈ 50/100  ̈ 100

 ̈ 100/300  ̈ 300

 ̈ Other  ̈ Other

Attached to and forming a part of Policy Number and any subsequent renewals, reinstatements, reissuance, replacements, substitutions or amendments of my policy unless I request 

otherwise in writing

I intend that my selection will apply to me and all other persons or organizations that may be eligible for

coverage under this policy.

DATE

INSURED'S SIGNATURE

NOTE: A. *Underinsured Motorist Coverage does not apply unless Uninsured Motorist Coverage limits

exceed the minimum Financial Responsibility Limits of $25,000 each person/$50,000 each 

occurrence or $50,000 Single Limit Liability.

B. Please refer to form AA 4046 IL for information regarding "Uninsured Motorist Property Damage".

ETA 051 52 30

CIC0282

Case: 1:20-cv-04636 Document #: 9-1 Filed: 10/09/20 Page 283 of 327 PageID #:328
AA 4263 IL 04 10

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. OFFICE OF FOREIGN ASSETS CONTROL (OFAC)

COMPLIANCE ENDORSEMENT

This endorsement modifies insurance provided under the following:

BUSINESS AUTO COVERAGE FORM

GARAGE COVERAGE FORM

SECTION IV - BUSINESS AUTO CONDITIONS, B. General Conditions of the BUSINESS AUTO

COVERAGE FORM and SECTION V - GARAGE CONDITIONS, B. General Conditions of the GARAGE

COVERAGE FORM are amended to include the following:

Office of Foreign Assets Control (OFAC) Compliance

Whenever insurance coverage provided by this policy would be in violation of any United States economic or 

trade sanctions, such insurance coverage will not be provided under this policy.

CIC0283

Case: 1:20-cv-04636 Document #: 9-1 Filed: 10/09/20 Page 284 of 327 PageID #:329
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

ILLINOIS CHANGES - CANCELLATION AND NONRENEWAL

This endorsement modifies insurance provided under the following:

BUSINESS AUTO COVERAGE FORM

BUSINESS AUTO PHYSICAL DAMAGE COVERAGE FORM

GARAGE COVERAGE FORM

MOTOR CARRIER COVERAGE FORM

TRUCKERS COVERAGE FORM

With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless

modified by the endorsement.

A. The Cancellation Common Policy Condition is

replaced by the following:

CANCELLATION

a. The first Named Insured shown in the Declarations may cancel this policy by mailing

us advance written notice of cancellation.

b. When this policy is in effect 61 days or more

or is a renewal or continuation policy, we

may cancel only for one or more of the following reasons by mailing you written notice

of cancellation stating the reasons for cancellation.

(1) Nonpayment of premium.

(2) The policy was obtained through a material misrepresentation.

(3) Any "insured" has violated any of the

terms and conditions of the policy.

(4) The risk originally accepted has

measurably increased.

(5) Certification to the Director of Insurance of the loss of reinsurance by the

insurer which provided coverage to us

for all or a substantial part of the

underlying risk insured.

(6) A determination by the Director of Insurance that the continuation of the

policy could place us in violation of the

Illinois insurance laws.

c. If we cancel for nonpayment of premium,

we will mail you at least 10 days written notice.

d. If this policy is cancelled for other than nonpayment of premium and the policy is in effect:

(1) 60 days or less, we will mail you at

least 30 days written notice.

(2) 61 days or more, we will mail you at

least 60 days written notice.

e. If this policy in cancelled, we will send you

any premium refund due. If we cancel, the

refund will be pro rata. If you cancel, the refund may be less than pro rata. The cancellation will be effective even if we have not

made or offered a refund.

f. The effective date of cancellation stated in

the notice shall become the end of the policy period.

g. Our notice of cancellation will state the reason for cancellation.

h. A copy of the notice will also be sent to your

agent or broker and the loss payee.

B. The following is added and supersedes any provision to the contrary:

NONRENEWAL

If we decide not to renew or continue this policy,

we will mail you, your agent or broker and the

loss payee written notice, stating the reason for

nonrenewal, at least 60 days before the end of

the policy period. If we offer to renew or continue and you do not accept, this policy will terminate at the end of the current policy period.

Failure to pay the required renewal or continuation premium when due shall mean that you

have not accepted our offer.

If we fail to mail proper written notice of nonrenewal and you obtain other insurance, this

policy will end on the effective date of that insurance.

C. Mailing of Notices

We will mail cancellation and nonrenewal notices to the last addresses known to us. Proof

of mailing will be sufficient proof of notice.

CA 02 70 08 94 Copyright, Insurance Services Office, Inc., 1994

CIC0284

Case: 1:20-cv-04636 Document #: 9-1 Filed: 10/09/20 Page 285 of 327 PageID #:330
CA 24 02 12 93 Copyright, Insurance Services Office, Inc., 1993

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

PUBLIC TRANSPORTATION AUTOS

This endorsement modifies insurance provided under the following:

BUSINESS AUTO COVERAGE FORM

With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless

modified by the endorsement.

LIABILITY COVERAGE for a covered "auto" licensed or used to transport the public is changed as follows:

The CARE CUSTODY OR CONTROL exclusion does not apply to "property damage" to or "covered pollution cost or expense" involving property of the "insured's" passengers while such property is carried by

the covered "auto."

CIC0285

Case: 1:20-cv-04636 Document #: 9-1 Filed: 10/09/20 Page 286 of 327 PageID #:331
Includes copyrighted material of Insurance

AA 261 07 14 Services Office, Inc., with its permission. Page 1 of 2

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AUTO MEDICAL PAYMENTS COVERAGE

Throughout this Coverage Form "you" and "your" refer to the organization and any specifically named natural

persons shown as the Named Insured in the Business Auto or Garage Coverage Part Declarations. "You" and "Your" do not refer to any other persons or organizations, including but not limited to agents, employees, servants, members, shareholders or independent contractors of any person or organization shown as the Named 

Insured in the Business Auto or Garage Coverage Part Declarations. This endorsement modifies insurance provided under the following:

BUSINESS AUTO COVERAGE FORM

GARAGE COVERAGE FORM

With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless

modified by the endorsement. A. Coverage

We will pay reasonable expenses incurred for

necessary medical and funeral services to or for

an "insured" who sustains "bodily injury" caused

by "accident". We will pay only those expenses

incurred and reported to us, for services rendered within three years from the date of the

"accident".

B. Who is an Insured

1. You while "occupying" or, while a pedestrian, when struck by any "auto".

2. "Family members" of natural persons shown 

as Named Insureds in the Business Auto or 

Garage Coverage Part Declarations while "occupying" or, while a pedestrian, when 

struck by any "auto".

3. Anyone for injuries while "occupying" a covered "auto".

4. Anyone for injuries while "occupying" a temporary substitute for a covered "auto". The 

covered "auto" must be out of service because of its breakdown, repair, servicing, 

loss or destruction.

C. Exclusions

This insurance does not apply to any of the following:

1. "Bodily injury" sustained by an "insured" while "occupying" a vehicle located for use 

as a premises. 2. "Bodily injury" sustained by you or any "family member" while "occupying" or struck by

any vehicle (other than a covered "auto") 

owned by or furnished or available for your 

regular use. 3. "Bodily injury" sustained by any "family

member" while "occupying" or struck by any

vehicle (other than a covered "auto") owned 

by or furnished or available for the regular 

use of any "family member". 4. "Bodily injury" to your "employee" arising out 

of and in the course of employment by you.

However, we will cover "bodily injury"to your 

domestic "employees" if not entitled to 

workers' compensation benefits. For the 

purposes of this endorsement, a domestic "employee" is a person engaged in household or domestic work performed principally 

in connection with a residence premises. 5. "Bodily injury" to an "insured" while working 

in a business of selling, servicing, repairing 

or parking "autos" unless that business is 

yours. 6. "Bodily injury" arising directly or indirectly out 

of: 

a. War, including undeclared or civil war;

b. Warlike action by a military force, including action in hindering or defending

against an actual or expected attack, by

any government, sovereign or other authority using military personnel or other 

agents; or

c. Insurrection, rebellion, revolution, 

usurped power, or action taken by governmental authority in hindering or defending against any of these. 7. "Bodily injury" to anyone using a vehicle 

without a reasonable belief that the person

is entitled to do so.

8. "Bodily injury" sustained by an "insured" while "occupying" any covered "auto" while 

used in any professional racing or demolition contest or stunting activity, or while 

practicing for such contest or activity. This 

insurance also does not apply to any "bodily 

injury" sustained by an "insured" while the "auto" is being prepared for such a contest 

or activity.

CIC0286

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Includes copyrighted material of Insurance

AA 261 07 14 Services Office, Inc., with its permission. Page 2 of 2

D. Limit of Insurance

Regardless of the number of covered "autos", "insureds", premiums paid, claims made or vehicles involved in the "accident", the most we will

pay for "bodily injury" for each "insured" injured

in any one "accident" is the Limit of Insurance for 

Auto Medical Payments Coverage shown in the

Declarations. No one will be entitled to receive duplicate pay- ments for the same elements of "loss" under this

coverage and any Liability Coverage Form, Uninsured Motorists Coverage endorsement or Underinsured Motorists Coverage Endorsement attached to this Coverage Part. E. Changes in Conditions

The Conditions are changed for Auto Medical 

Payments Coverage as follows:

1. The Transfer of Rights of Recovery 

Against Others to Us Condition does not

apply.

2. The reference in Other Insurance in the 

Business Auto and Garage Coverage 

Forms to "other collectible insurance" applies only to other collectible auto medical 

payments insurance.

F. Additional Definitions

As used in this endorsement:

1. "Family member" means a person related to 

you by blood, marriage or adoption who is a 

resident of your household, including a ward 

or foster child.

2. "Occupying" means in, upon, getting in, on, 

out or off.

SEE AA4183

CIC0287

Case: 1:20-cv-04636 Document #: 9-1 Filed: 10/09/20 Page 288 of 327 PageID #:333
Includes copyrighted material of ISO

AA 265 01 16 Properties, Inc., with its permission. Page 1 of 3

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

CinciPlus

®

BUSINESS AUTO XC®

(EXPANDED COVERAGE)

ENDORSEMENT

This endorsement modifies insurance provided by the following:

BUSINESS AUTO COVERAGE FORM

With respect to the coverage provided by this endorsement, the provisions of the Coverage Form apply unless

modified by this endorsement.

A. Who is an Insured - Amended

SECTION II - LIABILITY COVERAGE, A. Coverage, 1. Who is an Insured is amended

by adding the following:

The following are "insureds":

1. Any subsidiary which is a legally incorporated entity of which you own a financial 

interest of more than 50% of the voting

stock on the effective date of this coverage form. However, the insurance afforded by this

provision does not apply to any subsidiary 

that is an "insured" under any other automobile liability policy, or would be an

"insured" under such policy but for termination of such policy or the exhaustion of 

such policy's limits of insurance.

2. Any organization that is newly acquired or

formed by you and over which you maintain majority ownership.

The insurance provided by this provision:

a. Is effective on the date of acquisition 

or formation, and is afforded for 180 

days after such date;

b. Does not apply to "bodily injury" or "property damage" resulting from an "accident" that occurred before you

acquired or formed the organization;

c. Does not apply to any newly acquired 

or formed organization that is a joint 

venture or partnership; and

d. Does not apply to an insured under 

any other automobile liability policy,

or would be an insured under such a 

policy but for the termination of such 

policy or the exhaustion of such policy's limits of insurance. 3. Any of your "employees" while using a

covered "auto" in your business or your 

personal affairs, provided you do not own,

hire or borrow that "auto".

B. Liability Coverage Extensions - Supplementary Payments - Higher Limits

SECTION II - LIABILITY COVERAGE, A. Coverage, 2. Coverage Extensions, a. Supplementary Payments is amended by:

1. Replacing the $2,000 Limit of Insurance 

for bail bonds with $4,000 in (2); and

2. Replacing the $250 Limit of Insurance for 

reasonable expenses with $500 in (4). C. Amended Fellow Employee Exclusion

SECTION II - LIABILITY COVERAGE, B. Exclusions, 5. Fellow Employee is modified as

follows:

Exclusion 5. Fellow Employee is deleted. D. Hired Auto - Physical Damage

If hired "autos" are covered "autos" for Liability

Coverage, then Comprehensive and Collision 

Physical Damage Coverages as provided under SECTION III - PHYSICAL DAMAGE 

COVERAGE of this Coverage Part are extended to "autos" you hire, subject to the following:

1. The most we will pay for "loss" to any 

hired "auto" is $35,000 or the actual cash 

value or cost to repair or replace, whichever is the least, minus a deductible.

2. The deductible will be equal to the largest 

deductible applicable to any owned "auto" 

CIC0288

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Includes copyrighted material of ISO

AA 265 01 16 Properties, Inc., with its permission. Page 2 of 3

for that coverage, or $1,000, whichever is

less. 3. Hired Auto - Physical Damage coverage

is excess over any other collectible insurance. 4. Subject to the above limit, deductible, and

excess provisions we will provide coverage equal to the broadest coverage applicable to any covered "auto" you insured

under this policy.

Coverage includes loss of use of that hired auto, provided it results from an "accident" for 

which you are legally liable and as a result of 

which a monetary loss is sustained by the 

leasing or rental concern. The most we will 

pay for any one "accident" is $1,000.

If a limit for Hired Auto - Physical Damage is

shown in the Schedule, then that limit replaces, and is not added to, the $35,000 limit indicated above. E. Rental Reimbursement

SECTION III - PHYSICAL DAMAGE is

amended by adding the following:

1. We will pay for rental reimbursement expenses incurred by you for the rental of 

an "auto" because of a "loss" to a covered "auto". Payment applies in addition to the

otherwise applicable amount of each coverage you have on a covered "auto". No

deductible applies to this coverage.

2. We will pay only for those expenses incurred during the policy period beginning

24 hours after the "loss" and ending, regardless of the policy's expiration, with

the lesser of the following number of 

days:

a. The number of days reasonably required to repair the covered "auto". If "loss" is caused by theft, this number

of days is added to the number of 

days it takes to locate the covered

"auto" and return it to you; or

b. 30 days. 3. Our payment is limited to the lesser of the

following amounts:

a. Necessary and actual expenses incurred; or

b. $40 per day.

4. This coverage does not apply while there

are spare or reserve "autos" available to

you for your operations.

5. We will pay under this coverage only that 

amount of your rental reimbursement expenses which is not already provided for

under SECTION III - PHYSICAL DAMAGE COVERAGE, A. Coverage, 4. Coverage Extensions. F. Transportation Expense - Higher Limits

SECTION III - PHYSICAL DAMAGE COVERAGE, A. Coverage, 4. Coverage Extensions is amended by replacing $20 per day 

with $50 per day, and $600 maximum with 

$1,500 maximum in Extension a. Transportation Expenses. G. Airbag Coverage

SECTION III - PHYSICAL DAMAGE COVERAGE, B. Exclusions, 3.a. is amended by

adding the following:

However, the mechanical and electrical 

breakdown portion of this exclusion does not 

apply to the accidental discharge of an airbag. This coverage for airbags is excess over any 

other collectible insurance or warranty.

H. Loan or Lease Gap Coverage

1. SECTION III - PHYSICAL DAMAGE

COVERAGE, C. Limit of Insurance is

deleted in its entirety and replaced by the 

following, but only for private passenger 

type "autos" with an original loan or lease, and only in the event of a "total loss" to 

such a private passenger type "auto":

a. The most we will pay for "loss" in any 

one "accident" is the greater of:

(1) The amount due under the terms

of the lease or loan to which

your covered private passenger

type "auto" is subject, but will not

include:

(a) Overdue lease or loan payments;

(b) Financial penalties imposed 

under the lease due to high

mileage, excessive use or

abnormal wear and tear;

(c) Security deposits not refunded by the lessor; 

(d) Costs for extended warranties, Credit Life Insurance, 

Health, Accident or Disability Insurance purchased

with the loan or lease; and

(e) Carry-over balances from 

previous loans or leases, or

(2) Actual cash value of the stolen

or damaged property.

b. An adjustment for depreciation and

physical condition will be made in deCIC0289

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Includes copyrighted material of ISO

AA 265 01 16 Properties, Inc., with its permission. Page 3 of 3

termining actual cash value at the

time of "loss".

2. SECTION V - DEFINITIONS is amended

by adding the following, but only for the

purposes of this Loan or Lease Gap 

Coverage:

"Total loss" means a "loss" in which the 

cost of repairs plus the salvage value exceeds the actual cash value.

I. Glass Repair - Waiver of Deductible

SECTION III - PHYSICAL DAMAGE COVERAGE, D. Deductible is amended by adding

the following:

No deductible applies to glass damage if the 

glass is repaired in a manner acceptable to us

rather than replaced. J. Duties in the Event of an Accident, Claim, Suit or Loss - Amended

SECTION IV - BUSINESS AUTO CONDITIONS, A. Loss Conditions, 2. Duties in the 

Event of Accident, Claim, Suit or Loss, a. is

amended by adding the following:

This condition applies only when the "accident" or "loss" is known to:

1. You, if you are an individual;

2. A partner, if you are a partnership;

3. An executive officer or insurance manager, if you are a corporation; or

4. A member or manager, if you are a limited liability company.

K. Unintentional Failure to Disclose Hazards

SECTION IV - BUSINESS AUTO CONDITIONS, B. General Conditions is amended

by adding the following:

If you unintentionally fail to disclose any hazards existing on the effective date of this Coverage Form, we will not deny coverage under 

this Coverage Form because of such failure. L. Mental Anguish Resulting from Bodily Injury

SECTION V - DEFINITIONS, C. "Bodily injury" is deleted in its entirety and replaced by 

the following:

"Bodily injury" means bodily injury, sickness or 

disease sustained by a person, including mental anguish and death sustained by the same 

person that results from such bodily injury, 

sickness or disease. "Bodily injury" does not 

include mental anguish or death that does not 

result from bodily injury, sickness or disease.

CIC0290

Case: 1:20-cv-04636 Document #: 9-1 Filed: 10/09/20 Page 291 of 327 PageID #:336
THE

CINCINNATI INSURANCE COMPANIES

THE CINCINNATI INSURANCE COMPANY THE CINCINNATI INDEMNITY COMPANY

THE CINCINNATI CASUALTY COMPANY

Named Insured:

Policy Number:

Policy Period: to 

Effective Date of Change:

Endorsement Number:

Agency Name:

Explanation of Billing

A change was recently made to your policy with The Cincinnati Insurance Companies. Attached to this

summary is the endorsement that amends your policy.

X

THE BEND HOTEL DEVELOPMENT COMPANY LLC

ETD 051 52 30 / ETA 051 52 30

12-12-2018 12-12-2021

03-21-2019

7 (Replaces # 5)

ARTHUR J. GALLAGHER RISK MANAGEMENT SERVICES, INC. 14-001

DAVENPORT, IA

The additional premium for this endorsement is $ 25

This is for the time period of to You will receive a statement based on

the payment option you have selected.

Please contact your agency if you have any questions concerning your policy or statement:

This is not a bill. No payment is necessary at this time.

premium 03-21-2019 12-12-2019.

ARTHUR J. GALLAGHER RISK MANAGEMENT SERVICES, INC.

220 EMERSON PL STE 200

DAVENPORT, IA 52801-1625

563-322-3521

IA 4319 08 07

CIC0291

Case: 1:20-cv-04636 Document #: 9-1 Filed: 10/09/20 Page 292 of 327 PageID #:337
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. GENERAL CHANGE ENDORSEMENT

Attached to and forming part of:

Auto / Garage All Other Effective Date

Policy Number Policy Number of Endorsement

Issued to

Agent

Endorsement #

ETA 051 52 30 ETD 051 52 30 03-21-2019

THE BEND HOTEL DEVELOPMENT COMPANY LLC

ARTHUR J. GALLAGHER RISK MANAGEMENT SERVICES, INC. 14-001

DAVENPORT, IA 7

REPLACES # 5

PREMIUM INFORMATION

Additional Premium Due at Endorsement Effective Date REFER TO IA4319

$

$

Subsequent Monthly Installments Increased by

Revised Monthly Installment Payment(s)

It is agreed that the policy is amended as indicated by  ̈x

 ̈ Policy Installment Premium Amended to:

 ̈ Annual  ̈ Semi-Annual  ̈ Quarterly

 ̈ Named Insured

 ̈ Mailing Address

 ̈ Form(s) Added

 ̈ Form(s) Deleted

All Other Reason for Change

Auto / Garage Reason for Change

AMENDING AA4004 TO INCLUDE:

METROPOLITAN AIRPORT AUTHORITY OF ROCK ISLAND COUNTY IL DBA QUAD CITY

INTERNATIONAL AIRPORT

2200 69TH AVE

MOLINE IL 61265

AMENDING PER REVISED AA4183 ATTACHED

IA 4329 12 09 Page of

08-19-2019 10:18

 1 1

CIC0292

Case: 1:20-cv-04636 Document #: 9-1 Filed: 10/09/20 Page 293 of 327 PageID #:338
AUTOMOBILE SCHEDULE

ITEM

Attached to and forming a part of Policy Number , effective

The insurance afforded for any automobile is only with respects to such and so many of the coverages as are

indicated by specific premium charge or charges indicated.

POLICY LIMITS

State: 

Bodily Injury: Property Damage:

THREE

ETA 051 52 30 03-21-2019

IL

1,000,000 CSL INCLUDED

UM/UIM: 1,000,000

Med Pay 5,000

Veh.

No. Vehicle Information

Class: Territory

Coll Ded:

BI PD MP OTC COLL UM

1 2018 FORD TRANSIT S/N 1FBZX2CM0JKB22543 5852 119

OTC-COMP DED: 1,000 1,000

COST NEW: 41,550 ZIP CODE: 61244

1,283 INCL 46 126 379 63

TOTAL

1,897

Class: Territory

Coll Ded:

BI PD MP OTC COLL UM

ADDITIONAL INTEREST - DESIGNATED PERSON OR ORGANIZATION

OTC-COMP DED: N/A N/A

50 INCL

TOTAL

50

Class: Territory

Coll Ded:

BI PD MP OTC COLL UM

BUSINESS AUTO EXPANDED ENDORSEMENT

OTC-COMP DED: N/A N/A

100

TOTAL

100

Class: Territory

Coll Ded:

BI PD MP OTC COLL UM

HIRED AND NON-OWNED

OTC-COMP DED: N/A N/A

541 INCL N/A 256

TOTAL

797

SYMBOLS:

BI -- Bodily Injury SPEC -- Specified Perils

PD -- Property Damage COLL -- Collision

MP -- Medical Payments UM -- Uninsured Motorists

OTC -- Other Than Collision (ACV Coverage applies UIM -- Underinsured Motorists

unless Stated Amount Value is indicated) PIP -- Personal Injury Protection

CAC -- Combined Additional Coverage T&L -- Towing and Labor Costs

FT&S -- Fire, Theft, and Supplemental RR -- Rental Reimbursement

AA 4183 02 06 Page 1 of 1

CIC0293

Case: 1:20-cv-04636 Document #: 9-1 Filed: 10/09/20 Page 294 of 327 PageID #:339
AA 4004 03 06

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - DESIGNATED

PERSON OR ORGANIZATION

This endorsement modifies insurance provided under the following:

BUSINESS AUTO COVERAGE FORM

This endorsement changes the policy effective on the inception date of the policy unless another date is

indicated below.

Endorsement Effective: Policy Number:

Named Insured:

Countersigned by:

(Authorized Representative)

The person or organization named in the following schedule is an "insured" to the extent of their liability for the

conduct of another "insured" as provided in SECTION II - LIABILITY COVERAGE, A. Coverage, 1. Who is an

Insured, Paragraph c.

Schedule

Additional Insured

Address:

03-21-2019 ETA 051 52 30

THE BEND HOTEL DEVELOPMENT COMPANY LLC

METROPOLITAN AIRPORT AUTHORITY OF ROCK ISLAND COUNTY IL DBA QUAD CITY

INTERNATIONAL AIRPORT

2200 69TH AVE

MOLINE, IL 61265-8315

CIC0294

Case: 1:20-cv-04636 Document #: 9-1 Filed: 10/09/20 Page 295 of 327 PageID #:340
THE

CINCINNATI INSURANCE COMPANIES

THE CINCINNATI INSURANCE COMPANY THE CINCINNATI INDEMNITY COMPANY

THE CINCINNATI CASUALTY COMPANY

Named Insured:

Policy Number:

Policy Period: to 

Effective Date of Change:

Endorsement Number:

Agency Name:

Explanation of Billing

A change was recently made to your policy with The Cincinnati Insurance Companies. Attached to this

summary is the endorsement that amends your policy.

X

THE BEND HOTEL DEVELOPMENT COMPANY LLC

ETD 051 52 30 / ETA 051 52 30

12-12-2018 12-12-2021

03-21-2019

5

ARTHUR J. GALLAGHER RISK MANAGEMENT SERVICES, INC. 14-001

DAVENPORT, IA

The additional premium for this endorsement is $ 25

This is for the time period of to You will receive a statement based on

the payment option you have selected.

Please contact your agency if you have any questions concerning your policy or statement:

This is not a bill. No payment is necessary at this time.

premium 03-21-2019 12-12-2019.

ARTHUR J. GALLAGHER RISK MANAGEMENT SERVICES, INC.

220 EMERSON PL STE 200

DAVENPORT, IA 52801-1699

563-322-3521

IA 4319 08 07

CIC0295

Case: 1:20-cv-04636 Document #: 9-1 Filed: 10/09/20 Page 296 of 327 PageID #:341
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. GENERAL CHANGE ENDORSEMENT

Attached to and forming part of:

Auto / Garage All Other Effective Date

Policy Number Policy Number of Endorsement

Issued to

Agent

Endorsement #

ETA 051 52 30 ETD 051 52 30 03-21-2019

THE BEND HOTEL DEVELOPMENT COMPANY LLC

ARTHUR J. GALLAGHER RISK MANAGEMENT SERVICES, INC. 14-001

DAVENPORT, IA 5

PREMIUM INFORMATION

Additional Premium Due at Endorsement Effective Date REFER TO IA4319

$

$

Subsequent Monthly Installments Increased by

Revised Monthly Installment Payment(s)

It is agreed that the policy is amended as indicated by  ̈x

 ̈ Policy Installment Premium Amended to:

 ̈ Annual  ̈ Semi-Annual  ̈ Quarterly

 ̈ Named Insured

 ̈ Mailing Address

 ̈ Form(s) Added

 ̈ Form(s) Deleted

All Other Reason for Change

Auto / Garage Reason for Change

AMENDING AA4004 TO INCLUDE:

METROPOLITAN AIRPORT AUTHORITY OF ROCK ISLAND COUNTY IL DBA QUAD CITY

INTERNATIONAL AIRPORT

2200 69TH AVE

MOLINE IL 61265

AMENDING PER REVISED AA4183 ATTACHED

IA 4329 12 09 Page of

03-22-2019 14:41

 1 1

CIC0296

Case: 1:20-cv-04636 Document #: 9-1 Filed: 10/09/20 Page 297 of 327 PageID #:342
AA 4004 03 06

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - DESIGNATED

PERSON OR ORGANIZATION

This endorsement modifies insurance provided under the following:

BUSINESS AUTO COVERAGE FORM

This endorsement changes the policy effective on the inception date of the policy unless another date is

indicated below.

Endorsement Effective: Policy Number:

Named Insured:

Countersigned by:

(Authorized Representative)

The person or organization named in the following schedule is an "insured" to the extent of their liability for the

conduct of another "insured" as provided in SECTION II - LIABILITY COVERAGE, A. Coverage, 1. Who is an

Insured, Paragraph c.

Schedule

Additional Insured

Address:

03-21-2019 ETA 051 52 30

THE BEND HOTEL DEVELOPMENT COMPANY LLC

METROPOLITAN AIRPORT AUTHORITY OF ROCK ISLAND COUNTY IL DBA QUAD CITY

INTERNATIONAL AIRPORT

2200 69TH AVE

MOLINE, IL 61265-8315

CIC0297

Case: 1:20-cv-04636 Document #: 9-1 Filed: 10/09/20 Page 298 of 327 PageID #:343
AUTOMOBILE SCHEDULE

ITEM

Attached to and forming a part of Policy Number , effective

The insurance afforded for any automobile is only with respects to such and so many of the coverages as are

indicated by specific premium charge or charges indicated.

POLICY LIMITS

State: 

Bodily Injury: Property Damage:

THREE

ETA 051 52 30 03-21-2019

IL

1,000,000 CSL INCLUDED

UM/UIM: 1,000,000

Med Pay 5,000

Veh.

No. Vehicle Information

Class: Territory

Coll Ded:

BI PD MP OTC COLL UM

1 2018 FORD TRANSIT S/N 1FBZX2CM0JKB22543 5852 119

OTC-COMP DED: 1,000 1,000

COST NEW: 41,550 ZIP CODE: 61244

1,283 INCL 46 126 379 63

TOTAL

1,897

Class: Territory

Coll Ded:

BI PD MP OTC COLL UM

ADDITIONAL INTEREST - DESIGNATED PERSON OR ORGANIZATION

OTC-COMP DED: N/A N/A

50 INCL

TOTAL

50

Class: Territory

Coll Ded:

BI PD MP OTC COLL UM

BUSINESS AUTO EXPANDED ENDORSEMENT

OTC-COMP DED: N/A N/A

100

TOTAL

100

Class: Territory

Coll Ded:

BI PD MP OTC COLL UM

HIRED AND NON-OWNED

OTC-COMP DED: N/A N/A

541 INCL N/A 256

TOTAL

797

SYMBOLS:

BI -- Bodily Injury SPEC -- Specified Perils

PD -- Property Damage COLL -- Collision

MP -- Medical Payments UM -- Uninsured Motorists

OTC -- Other Than Collision (ACV Coverage applies UIM -- Underinsured Motorists

unless Stated Amount Value is indicated) PIP -- Personal Injury Protection

CAC -- Combined Additional Coverage T&L -- Towing and Labor Costs

FT&S -- Fire, Theft, and Supplemental RR -- Rental Reimbursement

AA 4183 02 06 Page 1 of 1

CIC0298

Case: 1:20-cv-04636 Document #: 9-1 Filed: 10/09/20 Page 299 of 327 PageID #:344
THE

CINCINNATI INSURANCE COMPANIES

THE CINCINNATI INSURANCE COMPANY THE CINCINNATI INDEMNITY COMPANY

THE CINCINNATI CASUALTY COMPANY

Named Insured:

Policy Number:

Policy Period: to 

Effective Date of Change:

Endorsement Number:

Agency Name:

Explanation of Billing

A change was recently made to your policy with The Cincinnati Insurance Companies. Attached to this

summary is the endorsement that amends your policy.

X

THE BEND HOTEL DEVELOPMENT COMPANY LLC

ETD 051 52 30 / ETA 051 52 30

12-12-2018 12-12-2021

02-26-2019

4

ARTHUR J. GALLAGHER RISK MANAGEMENT SERVICES, INC. 14-001

DAVENPORT, IA

The additional premium for this endorsement is $ NONE

This is for the time period of to You will receive a statement based on

the payment option you have selected.

Please contact your agency if you have any questions concerning your policy or statement:

This is not a bill. No payment is necessary at this time.

premium 02-26-2019 12-12-2019.

ARTHUR J. GALLAGHER RISK MANAGEMENT SERVICES, INC.

220 EMERSON PL STE 200

DAVENPORT, IA 52801-1699

563-322-3521

IA 4319 08 07

CIC0299

Case: 1:20-cv-04636 Document #: 9-1 Filed: 10/09/20 Page 300 of 327 PageID #:345
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. GENERAL CHANGE ENDORSEMENT

Attached to and forming part of:

Auto / Garage All Other Effective Date

Policy Number Policy Number of Endorsement

Issued to

Agent

Endorsement #

ETA 051 52 30 ETD 051 52 30 02-26-2019

THE BEND HOTEL DEVELOPMENT COMPANY LLC

ARTHUR J. GALLAGHER RISK MANAGEMENT SERVICES, INC. 14-001

DAVENPORT, IA 4

PREMIUM INFORMATION

 Premium Due at Endorsement Effective Date REFER TO IA4319

$

$

Subsequent Monthly Installments Increased by

Revised Monthly Installment Payment(s)

It is agreed that the policy is amended as indicated by  ̈x

 ̈ Policy Installment Premium Amended to:

 ̈ Annual  ̈ Semi-Annual  ̈ Quarterly

 ̈ Named Insured

X

(X) MONTHLY

 ̈ Mailing Address

 ̈ Form(s) Added

 ̈ Form(s) Deleted

All Other Reason for Change

Auto / Garage Reason for Change

IA 4329 12 09 Page of

02-26-2019 13:52

 1 1

CIC0300

Case: 1:20-cv-04636 Document #: 9-1 Filed: 10/09/20 Page 301 of 327 PageID #:346
ALL OTHER TERMS AND CONDITIONS REMAIN UNCHANGED

IA 102 A 09 08

SUMMARY OF PREMIUMS CHARGED

Attached to and forming part of

POLICY NUMBER: Effective Date:

Named Insured:

THIS POLICY CONSISTS OF THE FOLLOWING COVERAGE

PARTS FOR WHICH A PREMIUM CHARGE IS INDICATED

Commercial Property Coverage Part $

Commercial General Liability Coverage Part $

Commercial Auto Coverage Part $

Commercial Umbrella / Excess Liability Coverage Part $

$

$

$

$

$

$

$

$

$

$

$

$

$

$

$

$

$

$

$

Terrorism Coverage $

Installment Charge $

$

PAYMENTS

First Remaining

Installment Installment(s)

Automobile Coverages, Employers Liability, Employment Practices Liability Coverage, Professional Liability Coverage, Terrorism Coverage and / or Wrongful Acts Coverage, if included in the policy, are subject to Annual 

Adjustment of rates and premium on each anniversary of the policy. Commercial Umbrella and Excess Liability, if included in the policy, may be subject to Annual Adjustment of 

premium on each anniversary. Refer to the Commercial Umbrella or Excess Liability Coverage Part

Declarations form to see if this is applicable.

ETD 051 52 30 / ETA 051 52 30 02-26-2019

THE BEND HOTEL DEVELOPMENT COMPANY LLC

W/EBC 23,326

2,819

2,500

DATA DEFENDER COVERAGE PART 143

NETWORK DEFENDER COVERAGE PART 187

196

ANNUAL TOTAL 29,171

MONTHLY * *

*SEE BILLING STATEMENT MAILED SEPARATELY

CIC0301

Case: 1:20-cv-04636 Document #: 9-1 Filed: 10/09/20 Page 302 of 327 PageID #:347
IA 4399 IL 07 11

NOTICE TO POLICY HOLDERS

ILLINOIS RELIGIOUS FREEDOM PROTECTION AND CIVIL

UNION ACT

This is a notice of a change in your policy. NO COVERAGE IS PROVIDED BY THIS NOTICE nor can it be 

construed to replace any provisions of your policy. YOU SHOULD READ YOUR POLICY AND REVIEW

YOUR DECLARATIONS PAGE for complete information on the coverage you are provided. If there is any 

conflict between the policy and this notice, THE PROVISIONS OF THE POLICY SHALL PREVAIL.

As of June 1, 2011, the Illinois Religious Freedom Protection and Civil Union Act (Civil Union Act) allows

opposite- and same-sex couples to enter into a civil union. The Civil Union Act defines a "civil union" as a legal relationship between two persons, either of the same or 

opposite sex. Further, a "party to a civil union" means and shall be included in any definition or use of the

terms spouse, family, immediate family, dependent, next of kin, and other terms that denote the spousal 

relationship. Under the Civil Union Act, a person in a civil union is entitled to the same legal obligations, responsibilities, protections and benefits as are afforded or recognized by Illinois law to spouses whether they derive from 

statute, administrative rule, policy, common law or any other source of civil law.

For purposes of insurance laws, policies, eligibility and benefits governed by Illinois law, all spouses are

treated identically.

CIC0302

Case: 1:20-cv-04636 Document #: 9-1 Filed: 10/09/20 Page 303 of 327 PageID #:348
THE

CINCINNATI INSURANCE COMPANIES

THE CINCINNATI INSURANCE COMPANY THE CINCINNATI INDEMNITY COMPANY

THE CINCINNATI CASUALTY COMPANY

Named Insured:

Policy Number:

Policy Period: to 

Effective Date of Change:

Endorsement Number:

Agency Name:

Explanation of Billing

A change was recently made to your policy with The Cincinnati Insurance Companies. Attached to this

summary is the endorsement that amends your policy.

X

THE BEND HOTEL DEVELOPMENT COMPANY LLC

ETD 051 52 30 / ETA 051 52 30

12-12-2018 12-12-2021

12-12-2018

6

ARTHUR J. GALLAGHER RISK MANAGEMENT SERVICES, INC. 14-001

DAVENPORT, IA

The additional premium for this endorsement is $ NONE

This is for the time period of to You will receive a statement based on

the payment option you have selected.

Please contact your agency if you have any questions concerning your policy or statement:

This is not a bill. No payment is necessary at this time.

premium 12-12-2018 12-12-2019.

ARTHUR J. GALLAGHER RISK MANAGEMENT SERVICES, INC.

220 EMERSON PL STE 200

DAVENPORT, IA 52801-1625

563-322-3521

IA 4319 08 07

CIC0303

Case: 1:20-cv-04636 Document #: 9-1 Filed: 10/09/20 Page 304 of 327 PageID #:349
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. GENERAL CHANGE ENDORSEMENT

Attached to and forming part of:

Auto / Garage All Other Effective Date

Policy Number Policy Number of Endorsement

Issued to

Agent

Endorsement #

ETA 051 52 30 ETD 051 52 30 12-12-2018

THE BEND HOTEL DEVELOPMENT COMPANY LLC

ARTHUR J. GALLAGHER RISK MANAGEMENT SERVICES, INC. 14-001

DAVENPORT, IA 6

PREMIUM INFORMATION

 Premium Due at Endorsement Effective Date REFER TO IA4319

$

$

Subsequent Monthly Installments Increased by

Revised Monthly Installment Payment(s)

It is agreed that the policy is amended as indicated by  ̈x

 ̈ Policy Installment Premium Amended to:

 ̈ Annual  ̈ Semi-Annual  ̈ Quarterly

 ̈ Named Insured

 ̈ Mailing Address

 ̈ Form(s) Added

 ̈ Form(s) Deleted

All Other Reason for Change

AMENDING FA104S FLOOD BLANKET SUBLIMIT TO 5,000,000

Auto / Garage Reason for Change

IA 4329 12 09 Page of

08-19-2019 10:17

 1 1

CIC0304

Case: 1:20-cv-04636 Document #: 9-1 Filed: 10/09/20 Page 305 of 327 PageID #:350
THE CINCINNATI INSURANCE COMPANY

A Stock Insurance Company

COMMERCIAL PROPERTY COVERAGE PART DECLARATIONS

Attached to and forming part of POLICY NUMBER:

Named Insured is the same as it appears on the Common Policy Declarations unless otherwise stated here. ETD 051 52 30

Loc. (address)

PER STATEMENT OF VALUES ON FILE

REFER TO IA904

COVERAGE PROVIDED

OPTIONAL COVERAGES

Applicable only when an entry is made

Item Coverage Limits

Coin- suranceCovered

Cause Of

Loss

Business

Income

Indemnity

Inflation Guard

(%)

Replace- ment Cost 

(x)

Replace- ment Cost 

Incl. Stock

(x)

Agreed Value 

(x)

Monthly Limit

(fraction)

Maximum Period 

(X)

Extended Period 

(Days)

1-1 BUILDING 28,000,000 80% SPECIAL X X

EQ

SEE FA104 FLOOD

1-1 BUSINESS PERSONAL 5,300,000 80% SPECIAL X X

PROPERTY EQ

SEE FA104 FLOOD

1-1 BUSINESS INCOME 4,000,000 80% SPECIAL X 180

W/EXTRA EXPENSE (b) EQ

SEE FA104 FLOOD

DEDUCTIBLE: $500.00 unless otherwise stated $ 25,000

EARTHQUAKE DEDUCTIBLE: 5%

FLOOD DEDUCTIBLE: 25,000

MORTGAGE HOLDER 

Item Name and Address

1-1 HALL QUAD CITIES LLC / HSF HOLDINGS II LLC

2323 ROSS AVE

STE 200

DALLAS, TX 75201-2720

FORMS AND / OR ENDORSEMENTS APPLICABLE TO THIS COVERAGE PART:

CP1515 06/95 BUSINESS INCOME REPORT/WORK SHEET

BUILDING AND PERSONAL PROPERTY COVERAGE FORM (INCLUDING SPECIAL CAUSES 

OF LOSS)

FM101 05/16

FA104S 05/15 FLOOD COVERAGE SUPPLEMENTAL SCHEDULE

FA104 05/16 FLOOD COVERAGE ENDORSEMENT

FA268 05/16 HOTEL COMMERCIAL PROPERTY ENDORSEMENT

FA283IL 05/16 CRISIS EVENT EXPENSE COVERAGE ENDORSEMENT - ILLINOIS

FA286 05/16 THE BRIDGE ENDORSEMENT

FA4028IL 07/17 ILLINOIS CHANGES

FA450 05/16 COMMERCIAL PROPERTY CONDITIONS

FA458 04/04 BUSINESS INCOME CHANGES - WAITING PERIOD

FA480 02/16 LOSS PAYABLE PROVISIONS

IP425 08/04 ILLINOIS MINE SUBSIDENCE WAIVER FORM WAIVER OF INSURANCE

WATER BACKUP DISCHARGED FROM SEWERS, DRAINS, SEPTIC OR SUMP PUMP 

SYSTEMS ENDORSEMENT

FA223 05/16

FA244 05/11 EQUIPMENT BREAKDOWN COVERAGE (EXCLUDING PRODUCTION MACHINERY)

FM 502 07 08 ETD 051 52 30 Page 1 of 2

CIC0305

Case: 1:20-cv-04636 Document #: 9-1 Filed: 10/09/20 Page 306 of 327 PageID #:351
FORMS AND / OR ENDORSEMENTS APPLICABLE TO THIS COVERAGE PART:

FA213IL 05/16 BUSINESS INCOME (AND EXTRA EXPENSE) COVERAGE FORM - ILLINOIS

FA240 05/16 EARTHQUAKE AND VOLCANIC ERUPTION ENDORSEMENT

FM 502 07 08 ETD 051 52 30 Page 2 of 2

CIC0306

Case: 1:20-cv-04636 Document #: 9-1 Filed: 10/09/20 Page 307 of 327 PageID #:352
THE

CINCINNATI INSURANCE COMPANIES

THE CINCINNATI INSURANCE COMPANY THE CINCINNATI INDEMNITY COMPANY

THE CINCINNATI CASUALTY COMPANY

Named Insured:

Policy Number:

Policy Period: to 

Effective Date of Change:

Endorsement Number:

Agency Name:

Explanation of Billing

A change was recently made to your policy with The Cincinnati Insurance Companies. Attached to this

summary is the endorsement that amends your policy.

X

THE BEND HOTEL DEVELOPMENT COMPANY LLC

ETD 051 52 30 / ETA 051 52 30

12-12-2018 12-12-2021

12-12-2018

3

ARTHUR J. GALLAGHER RISK MANAGEMENT SERVICES, INC. 14-001

DAVENPORT, IA

The additional premium for this endorsement is $ 25

This is for the time period of to You will receive a statement based on

the payment option you have selected.

Please contact your agency if you have any questions concerning your policy or statement:

This is not a bill. No payment is necessary at this time.

premium 12-12-2018 12-12-2019.

ARTHUR J. GALLAGHER RISK MANAGEMENT SERVICES, INC.

220 EMERSON PL STE 200

DAVENPORT, IA 52801-1699

563-322-3521

IA 4319 08 07

CIC0307

Case: 1:20-cv-04636 Document #: 9-1 Filed: 10/09/20 Page 308 of 327 PageID #:353
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. GENERAL CHANGE ENDORSEMENT

Attached to and forming part of:

Auto / Garage All Other Effective Date

Policy Number Policy Number of Endorsement

Issued to

Agent

Endorsement #

ETA 051 52 30 ETD 051 52 30 12-12-2018

THE BEND HOTEL DEVELOPMENT COMPANY LLC

ARTHUR J. GALLAGHER RISK MANAGEMENT SERVICES, INC. 14-001

DAVENPORT, IA 3

PREMIUM INFORMATION

Additional Premium Due at Endorsement Effective Date REFER TO IA4319

$

$

Subsequent Annual Installments Increased by

Revised Annual Installment Payment(s)

It is agreed that the policy is amended as indicated by  ̈x

 ̈ Policy Installment Premium Amended to:

 ̈ Annual  ̈ Semi-Annual  ̈ Quarterly

 ̈ Named Insured

 ̈ Mailing Address

 ̈X Form(s) Added

ADDITIONAL INSURED - DESIGNATED PERSON OR 

ORGANIZATION

AA4004 03/06

 ̈ Form(s) Deleted

All Other Reason for Change

Auto / Garage Reason for Change

ADDING ADDITIONAL INSURED

AMENDING PER REVISED AA4183 ATTACHED

IA 4329 12 09 Page of

01-21-2019 19:04

 1 1

CIC0308

Case: 1:20-cv-04636 Document #: 9-1 Filed: 10/09/20 Page 309 of 327 PageID #:354
AUTOMOBILE SCHEDULE

ITEM

Attached to and forming a part of Policy Number , effective

The insurance afforded for any automobile is only with respects to such and so many of the coverages as are

indicated by specific premium charge or charges indicated.

POLICY LIMITS

State: 

Bodily Injury: Property Damage:

THREE

ETA 051 52 30 12-12-2018

IL

1,000,000 CSL INCLUDED

UM/UIM: 1,000,000

Med Pay 5,000

Veh.

No. Vehicle Information

Class: Territory

Coll Ded:

BI PD MP OTC COLL UM

1 2018 FORD TRANSIT S/N 1FBZX2CM0JKB22543 5852 119

OTC-COMP DED: 1,000 1,000

COST NEW: 41,550 ZIP CODE: 61244

1,283 INCL 46 126 379 63

TOTAL

1,897

Class: Territory

Coll Ded:

BI PD MP OTC COLL UM

ADDITIONAL INTEREST - DESIGNATED PERSON OR ORGANIZATION

OTC-COMP DED: N/A N/A

25 INCL

TOTAL

25

Class: Territory

Coll Ded:

BI PD MP OTC COLL UM

BUSINESS AUTO EXPANDED ENDORSEMENT

OTC-COMP DED: N/A N/A

100

TOTAL

100

Class: Territory

Coll Ded:

BI PD MP OTC COLL UM

HIRED AND NON-OWNED

OTC-COMP DED: N/A N/A

541 INCL N/A 256

TOTAL

797

SYMBOLS:

BI -- Bodily Injury SPEC -- Specified Perils

PD -- Property Damage COLL -- Collision

MP -- Medical Payments UM -- Uninsured Motorists

OTC -- Other Than Collision (ACV Coverage applies UIM -- Underinsured Motorists

unless Stated Amount Value is indicated) PIP -- Personal Injury Protection

CAC -- Combined Additional Coverage T&L -- Towing and Labor Costs

FT&S -- Fire, Theft, and Supplemental RR -- Rental Reimbursement

AA 4183 02 06 Page 1 of 1

CIC0309

Case: 1:20-cv-04636 Document #: 9-1 Filed: 10/09/20 Page 310 of 327 PageID #:355
AA 4004 03 06

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - DESIGNATED

PERSON OR ORGANIZATION

This endorsement modifies insurance provided under the following:

BUSINESS AUTO COVERAGE FORM

This endorsement changes the policy effective on the inception date of the policy unless another date is

indicated below.

Endorsement Effective: Policy Number:

Named Insured:

Countersigned by:

(Authorized Representative)

The person or organization named in the following schedule is an "insured" to the extent of their liability for the

conduct of another "insured" as provided in SECTION II - LIABILITY COVERAGE, A. Coverage, 1. Who is an

Insured, Paragraph c.

Schedule

Additional Insured

Address:

12-12-2018 ETA 051 52 30

THE BEND HOTEL DEVELOPMENT COMPANY LLC

THE OLYMPIA COMPANIES INC

PO BOX 508

PORTLAND, ME 04112-0508

CIC0310

Case: 1:20-cv-04636 Document #: 9-1 Filed: 10/09/20 Page 311 of 327 PageID #:356
THE

CINCINNATI INSURANCE COMPANIES

THE CINCINNATI INSURANCE COMPANY THE CINCINNATI INDEMNITY COMPANY

THE CINCINNATI CASUALTY COMPANY

Named Insured:

Policy Number:

Policy Period: to 

Effective Date of Change:

Endorsement Number:

Agency Name:

Explanation of Billing

A change was recently made to your policy with The Cincinnati Insurance Companies. Attached to this

summary is the endorsement that amends your policy.

X

THE BEND HOTEL DEVELOPMENT COMPANY LLC

ETD 051 52 30 / ETA 051 52 30

12-12-2018 12-12-2021

12-12-2018

2

ARTHUR J. GALLAGHER RISK MANAGEMENT SERVICES, INC. 14-001

DAVENPORT, IA

The additional premium for this endorsement is $ NONE

This is for the time period of to You will receive a statement based on

the payment option you have selected.

Please contact your agency if you have any questions concerning your policy or statement:

This is not a bill. No payment is necessary at this time.

premium 12-12-2018 12-12-2019.

ARTHUR J. GALLAGHER RISK MANAGEMENT SERVICES, INC.

220 EMERSON PL STE 200

DAVENPORT, IA 52801-1699

563-322-3521

IA 4319 08 07

CIC0311

Case: 1:20-cv-04636 Document #: 9-1 Filed: 10/09/20 Page 312 of 327 PageID #:357
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. GENERAL CHANGE ENDORSEMENT

Attached to and forming part of:

Auto / Garage All Other Effective Date

Policy Number Policy Number of Endorsement

Issued to

Agent

Endorsement #

ETA 051 52 30 ETD 051 52 30 12-12-2018

THE BEND HOTEL DEVELOPMENT COMPANY LLC

ARTHUR J. GALLAGHER RISK MANAGEMENT SERVICES, INC. 14-001

DAVENPORT, IA 2

PREMIUM INFORMATION

 Premium Due at Endorsement Effective Date REFER TO IA4319

$

$

Subsequent Annual Installments Increased by

Revised Annual Installment Payment(s)

It is agreed that the policy is amended as indicated by  ̈x

 ̈ Policy Installment Premium Amended to:

 ̈ Annual  ̈ Semi-Annual  ̈ Quarterly

 ̈ Named Insured

 ̈ Mailing Address

 ̈X Form(s) Added

FA480 02/16 LOSS PAYABLE PROVISIONS

 ̈ Form(s) Deleted

All Other Reason for Change

AMENDING FM502 MORTGAGE HOLDER TO INCLUDE 1-1:

HALL QUAD CITIES LLC / HSF HOLDINGS II LLC

2323 ROSS AVE

STE 200

DALLAS TX 75201

ADDING LOSS PAYABLE

Auto / Garage Reason for Change

IA 4329 12 09 Page of

01-08-2019 19:54

 1 1

CIC0312

Case: 1:20-cv-04636 Document #: 9-1 Filed: 10/09/20 Page 313 of 327 PageID #:358
Includes copyrighted material of Insurance

FA 480 02 16 Services Office, Inc., with its permission. Page 1 of 2

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

LOSS PAYABLE PROVISIONS

This endorsement modifies insurance provided under the following:

COMMERCIAL PROPERTY COVERAGE PART

SCHEDULE

Loc Bldg Loss Payee Name and Address:

Applicable Clause

(Enter B, C, D or E):

A. Nothing in this endorsement increases the applicable Limit of Insurance. We will not pay any 

Loss Payee more than their financial interest in

the Covered Property, and we will not pay more

than the applicable Limit of Insurance on the

Covered Property. For the purposes of this endorsement only, the

following are added to BUILDING AND PERSONAL PROPERTY COVERAGE FORM, SECTION D. LOSS CONDITIONS, 4. Loss Payment, as indicated in the Schedule of this endorsement.

B. Loss Payable

For Covered Property in which both you and a

Loss Payee shown in the Schedule of this endorsement have an insurable interest, we will:

1. Adjust losses with you; and

2. Pay any claim for "loss"jointly to you and the 

Loss Payee, as interests may appear.

C. Lender's Loss Payable

1. The Loss Payee shown in the Schedule of

this endorsement is a creditor, including a

mortgageholder or trustee, whose interest in

Covered Property is established by such

written instruments as:

a. Warehouse receipts;

b. A contract for deed;

c. Bills of lading;

d. Financing statements; or

e. Mortgages, deeds of trust, or security

agreements. 2. For Covered Property in which both you and

a Loss Payee have an insurable interest:

a. We will pay for covered "loss" to each 

Loss Payee in their order of precedence, as interests may appear.

b. The Loss Payee has the right to receive 

loss payment even if the Loss Payee 

has started foreclosure or similar action 

on the Covered Property.

c. If we deny your claim because of your 

acts or because you have failed to 

comply with the terms of the Coverage 

Part, the Loss Payee will still have the 

right to receive loss payment if the Loss 

Payee:

(1) Pays any premium due under this

Coverage Part at our request if you 

have failed to do so;

(2) Submits a signed, sworn proof of 

loss within 60 days after receiving 

notice from us of your failure to do 

so; and

1 1 B

HALL QUAD CITIES LLC / HSF HOLDINGS II LLC

2323 ROSS AVE

STE 200

DALLAS, TX 75201-2720

CIC0313

Case: 1:20-cv-04636 Document #: 9-1 Filed: 10/09/20 Page 314 of 327 PageID #:359
Includes copyrighted material of Insurance

FA 480 02 16 Services Office, Inc., with its permission. Page 2 of 2

(3) Has notified us of any change in 

ownership, occupancy or substantial change in risk known to the 

Loss Payee. All of the terms of this Coverage Part 

will then apply directly to the Loss Pay- ee. d. If we pay the Loss Payee for any "loss" and deny payment to you because of 

your acts or because you have failed to

comply with the terms of this Coverage 

Part:

(1) The Loss Payee's rights will be 

transferred to us to the extent of 

the amount we pay; and

(2) The Loss Payee's rights to recover 

the full amount of the Loss Payee's 

claim will not be impaired.

At our option, we may pay to the Loss 

Payee the whole principal on the debt 

plus any accrued interest. In this event, 

you will pay your remaining debt to us. 3. If we cancel this policy, we will give written

notice to the Loss Payee at least:

a. 10 days before the effective date of 

cancellation if we cancel for your nonpayment of premium; or

b. 30 days before the effective date of 

cancellation if we cancel for any other 

reason.

4. If we elect not to renew this policy, we will

give written notice to the Loss Payee at least 

10 days before the expiration date of this

policy. D. Contract of Sale

1. The Loss Payee shown in the Schedule of

this endorsement is a person or organization

you have entered a contract with for the sale

of Covered Property.

2. For Covered Property in which both you and

the Loss Payee have an insurable interest

we will:

a. Adjust losses with you; and

b. Pay any claim for "loss" jointly to you 

and the Loss Payee, as interests may

appear.

3. For Covered Property that is the subject of a

contract of sale, the word "you" includes the 

Loss Payee.

E. Building Owner Loss Payable Clause

1. The Loss Payee shown in the Schedule of

this endorsement is the owner of the building in which you are a tenant.

2. We will adjust losses to the building with the

Loss Payee. Any loss payment made to the

Loss Payee will satisfy your claims against

us for the owner's property.

3. We will adjust losses to tenants' improvements and betterments with you, unless the

lease provides otherwise.

CIC0314

Case: 1:20-cv-04636 Document #: 9-1 Filed: 10/09/20 Page 315 of 327 PageID #:360
THE CINCINNATI INSURANCE COMPANY 0244-10677

THE CINCINNATI CASUALTY COMPANY 0244-28665

THE CINCINNATI INDEMNITY COMPANY 0244-23280

AUTOMOBILE LIABILITY I.D. CARD

State Date Processed

Policy No. Effective Date Expiration Date

Insured:

MOTOR VEHICLE INSURED

Year Make

Vehicle Identification No. Signature

IN CASE YOU HAVE AN ACCIDENT. . . CALL YOUR AGENT. . .

The Cincinnati Insurance Company

The Cincinnati Casualty Company

The Cincinnati Indemnity Company

KEEP THIS CARD

IN YOUR MOTOR VEHICLE

WHILE IN OPERATION

We can serve you better if you... 1. Report all claims immediately to the police and to your

agent.

2. Get the names, addresses, and telephone numbers of

all drivers, owners, and occupants of the other cars involved.

3. Get the names, addresses, and telephone numbers of

any witnesses.

4. Do not accept responsibility or discuss the accident with

anyone except a police officer or a representative of this

Company.

SUPPLEMENTARY PAYMENTS

This Company agrees, through its Representative or otherwise, to pay premiums or costs on bonds to release attachments, also, the premium on or cost of bail bonds not

to exceed the limit per bail bond listed in "supplementary

payments" in the policy. The Company has no obligation

to apply for or furnish any such bonds.

CONSULT YOUR POLICY FOR ACTUAL COVERAGE IN

FORCE ON SPECIFIC VEHICLES. EXAMINE POLICY 

EXCLUSIONS CAREFULLY. THIS FORM DOES NOT

CONSTITUTE ANY PART OF YOUR INSURANCE POLICY.

EXCLUDED DRIVERS:

P.O. Box 145496, Cincinnati, OH, 45250-5496

(513) 870-2000 AA 4122 IL (10/06) SERVICE TO YOU IS OUR MAIN CONCERN

(cut along line)

X

IL 01-03-2019

ETA 051 52 30 12-12-2018 12-12-2019

THE BEND HOTEL DEVELOPMENT COMPANY LLC

111 BEND BLVD

EAST MOLINE, IL 61244-5501

2018 FORD TRANSIT

1FBZX2CM0JKB22543

ARTHUR J. GALLAGHER RISK MANAGEMENT SERVICES,

220 EMERSON PL STE 200

DAVENPORT, IA 52801-1699

563-322-3521

CIC0315

Case: 1:20-cv-04636 Document #: 9-1 Filed: 10/09/20 Page 316 of 327 PageID #:361
IA 4443 04 14

The Cincinnati Insurance Company

The Cincinnati Casualty Company

The Cincinnati Indemnity Company

Policy Number:

Effective Date:

Named Insured:

For professional advice and policy questions or changes, please contact your local independent agency:

Dear Policyholder:

Thank you

Thank you for trusting The Cincinnati Insurance Companies with your commercial insurance coverage. We 

recognize that locally based independent agents have the working knowledge to help you choose the right 

insurance company for your needs. Together with your local independent insurance agency, we are committed

to providing you with the highest level of service.

Please review your enclosed policy information to verify your coverage details, as well as deductibles and

coverage amounts. Should your needs change, your agent is available to review and update your policy.

Please promptly report claims

If you experience a policy-related loss, you may report it by contacting your local professional independent

agency representing The Cincinnati Insurance Companies or by directly calling us toll-free at 877-242-2544

and providing your policy number and claim-related information.

Sincerely,

Sean M. Givler

Senior Vice President - Commercial Lines

ETD 051 52 30

12-12-2018

THE BEND HOTEL DEVELOPMENT COMPANY LLC

ARTHUR J. GALLAGHER RISK MANAGEMENT

SERVICES, INC.

220 EMERSON PL STE 200

DAVENPORT, IA 52801-1699

563-322-3521

CIC0316

Case: 1:20-cv-04636 Document #: 9-1 Filed: 10/09/20 Page 317 of 327 PageID #:362
IA4463 (01/16)

The Cincinnati Insurance Company n The Cincinnati Indemnity Company

The Cincinnati Casualty Company

Today's Date:

To:

Policy Number:

Expiration Date:

Agency:

Data breach and identity recovery support and resources included with your insurance policy

Dear Policyholder:

Your policy includes Cincinnati Data DefenderTM coverage for an additional premium, helping to safeguard

your business against the rising costs of a data breach and offering services to assist you in the event of

identity theft. Please save this information so you can access all the tools and resources that come with your 

cyber protection coverage. Refer to Cincinnati Data Defender Coverage Form, HC102, for a complete 

statement of coverages, exclusions and limits of insurance.

Policyholder tools and resources

Data breach portal - You gain access to www.eriskhub.com/cic, a website that provides you with the

comprehensive, on-demand resources you need to:

• Prepare in advance:

- Access online resources when you need them

- Create your breach response plan from the template 

- Learn about breach laws that apply to your business

• Review risk management resources:

- Use the compliance reference guide and notification letter examples

- Locate credit bureau and government agency notification information

- Learn how to contact data risk management experts for more help

• Manage your breach response:

- Call the help line for breach information and assistance

- Arrange assistance with notification letters

- Access public relations resources to help you respond to the media

The first time you visit this website, please complete new user registration using this information:

Access code = 12116-868

Identity theft services – You also receive case management services and reimbursement for covered 

expenses if you, as a business owner, become the victim of identity theft or account takeover. If you suspect 

that you may be an identity theft victim or you have questions, please call our Identity Recovery Help Line, 866-219-9831.

01-03-2019

THE BEND HOTEL DEVELOPMENT COMPANY LLC

ETD 051 52 30

12-12-2021

ARTHUR J. GALLAGHER RISK MANAGEMENT SERVICES, INC. 14-001

CIC0317

Case: 1:20-cv-04636 Document #: 9-1 Filed: 10/09/20 Page 318 of 327 PageID #:363
Page 2 of 2

IA4463 (01/16)

Claims services

If you suspect or know that a data breach may have exposed or compromised your organization's private, customer or personal data, a swift response is critical for your protection. Please note that the Web portal and

help line provide advice and information, and using them does not satisfy any notice of claim requirement. The 

only way to report a claim is to contact your independent agent or call us directly, 877-242-2544. Your agent 

and Cincinnati Insurance will work with you to preserve your company's goodwill, prevent regulatory sanctions

or fines, avoid civil litigation and safeguard your business reputation.

Please contact your agent representing Cincinnati with questions about this valuable coverage.

Thank you for trusting your agent and Cincinnati to protect your business.

Sincerely,

Commercial Lines

COMMERCIAL LINES DEPARTMENT

CIC0318

Case: 1:20-cv-04636 Document #: 9-1 Filed: 10/09/20 Page 319 of 327 PageID #:364
MI1302 06 11

 ̈ The Cincinnati Insurance Company

 ̈ The Cincinnati Casualty Company

 ̈ The Cincinnati Indemnity Company

COMMERCIAL LINES DEPARTMENT SPECIAL REQUEST

Date: 

Insured:

Policy Number:

To Agent:

 ̈ 1. Coverage has been issued subject to satisfactory driver information. Please complete the enclosed

form(s) and return promptly.

 ̈ 2. Please return one signed copy of the enclosed endorsement. 

 ̈ 3. Please countersign the enclosed policy and return to the producer of record in the enclosed envelope.

 ̈ 4. The MVR(s) for has been returned from the state

showing the license number is incorrect. Please forward the correct driver's license number(s) or 

Social Security number (GA, IN, IA, KY, OH, VA).  ̈ 5. The state requires us to report the complete VIN. Please supply us with the entire VIN for every

vehicle.  ̈ 6. Please forward a signed Statement of Values. This is required whenever Blanket Insurance or 

Agreed Valued coverage is written.  ̈ 7. A completed application is required. Please submit as soon as possible.

 ̈ 8. We suggest that you send a letter to the insured making them aware of the endorsement and the 

consequences of its application.  ̈ 9. This policy / endorsement has been issued subject to rate. We have ordered the loss costs, and we 

will endorse the policy when we receive them.  ̈ 10. Please complete and forward the FA-492, Actual Loss Sustained Business Income Worksheet. These are required annually.

 ̈ 11. Please forward a photograph of the building located at .  ̈ 12. The property (Loc. Number Item Number ) doesn't appear to be insured to value.

Please advise how you determined the current limits.  ̈ 13. Please let us know when the following were updated for each building over 25 years old:

Bldg. Yr. built Electrical Heating Plumbing Roof

Bldg. Yr. built Electrical Heating Plumbing Roof

 ̈ 14. Please find enclosed an Excess UM/UIM Selection Form(s) to be completed and signed by the

insured.

Forms attached for Commercial Umbrella and any related Personal Umbrella(s):

Thank you.

Cordially,

X

01-03-2019

THE BEND HOTEL DEVELOPMENT COMPANY LLC

ETD 051 52 30 / ETA 051 52 30

ARTHUR J. GALLAGHER RISK MANAGEMENT SERVICES, INC. 14-001

X IP425

CP1515

COMMERCIAL LINES DEPARTMENT

CIC0319

Case: 1:20-cv-04636 Document #: 9-1 Filed: 10/09/20 Page 320 of 327 PageID #:365
CP 15 15 06 95 Copyright, Insurance Services Office, Inc., 1994 Page 1 of 5

BUSINESS INCOME REPORT/WORK SHEET

Date

Your Name

Location

This work sheet must be completed on an accrual basis.

The beginning and ending inventories in all calculations should be based on the same valuation method.

APPLICABLE WHEN THE AGREED VALUE COVERAGE OPTION APPLIES:

I certify that this is a true and correct report of values as required under this policy for the periods indicated

and that the Agreed Value for the period of coverage is $ ,based on a Co-insurance

percentage of %

Signature

Official Title

APPLICABLE WHEN THE PREMIUM ADJUSTMENT FORM APPLIES:

I certify that this is a true and correct report of values as required under this policy for the 12 months ended

Signature

Official Title

Agent or Broker

Mailing Address

01-03-2019

THE BEND HOTEL DEVELOPMENT COMPANY LLC

CIC0320

Case: 1:20-cv-04636 Document #: 9-1 Filed: 10/09/20 Page 321 of 327 PageID #:366
CP 15 15 06 95 Copyright, Insurance Services Office, Inc., 1994 Page 2 of 5

BUSINESS INCOME REPORT/WORK SHEET

FINANCIAL ANALYSIS

12 Month Period Estimated for 12 Month Period

Ending Beginning

Non- NonIncome and Expenses Manufacturing Manufacturing Manufacturing Manufacturing

A. Gross Sales $ $ $ $

B. DEDUCT:

Finished Stock Inventory (at

sales value) at Beginning - XXXXXX - XXXXXX

XXXXXX XXXXXX

C. ADD:

Finished Stock Inventory (at

sales value) at End + XXXXXX + XXXXXX

D. Gross Sales Value of

Production $ XXXXXX $ XXXXXX

E. DEDUCT:

Prepaid Freight - Outgoing - - - - Returns & Allowances - - - - Discounts - - - - Bad Debts - - - - Collection Expenses - - - - F. Net Sales $ $

Net Sales Value of Production $ $

G. ADD: Other Earnings from

your business operations (not

investment income or rents

from other properties):

Commissions or Rents + + + +

Cash Discounts

Received + + + +

Other + + + +

H. Total Revenues $ $ $ $

CIC0321

Case: 1:20-cv-04636 Document #: 9-1 Filed: 10/09/20 Page 322 of 327 PageID #:367
CP 15 15 06 95 Copyright, Insurance Services Office, Inc., 1994 Page 3 of 5

12 Month Period Estimated for 12 Month Period

Ending Beginning

Non- NonIncome and Expenses Manufacturing Manufacturing Manufacturing Manufacturing

Total Revenues (Line H.

from previous page $ $ $ $

I. DEDUCT:

Cost of goods sold (see next

page for instructions) - - - - Cost of services purchased

from outsiders (not your

employees) to resell, that do

not continue under contract - - - - Power, heat and refrigeration expenses that do not

continue under contract (if

CP 15 11 is attached) - - XXXXXX - - XXXXXX

All ordinary payroll expenses

or the amount of payroll

expense excluded (if

CP 15 10 is attached) - - XXXXXX - - XXXXXX

Special deductions for

mining properties (see next

page for instructions) - - - -

J.1. Business Income exposure

for 12 months $

J.2. Combined (firms engaged in

manufacturing & nonmanufacturing operations) $ $

The figures in J.1. or J.2

represent 100% of your actual

and estimated Business

Income exposure for 12 months

K. Additional Expenses:

1. Extra Expenses - form

CP 00 30 only (expenses

incurred to avoid or minimize

suspension of business & to

continue operations) $ $

2. Extended Business Income

CIC0322

Case: 1:20-cv-04636 Document #: 9-1 Filed: 10/09/20 Page 323 of 327 PageID #:368
CP 15 15 06 95 Copyright, Insurance Services Office, Inc., 1994 Page 4 of 5

and Extended Period of

Indemnity - form CP 00 30 or

CP 00 32 (loss of Business

Income following resumption

of operations, up to 30 days

or the no. of days selected

under Extended Period of

Indemnity option) + +

3. Combined (all amounts in K.1.

and K.2.) $

"Estimated" column

L. Total of J. and K. $

The figure in L. represents 100% of your estimated Business Income exposure for 12 months, and additional

expenses. Using this figure as information, determine the approximate amount of insurance needed based

on your evaluation of the number of months needed (may exceed 12 months) to replace your property, re- sume operations and restore the business to the condition that would have existed if no property damage had

occurred.

Refer to the agent or Company for information on available Coinsurance levels and indemnity options. The

Limit of Insurance you select will be shown in the Declarations of the policy.

Supplementary Information

12 Month Period Estimated for 12 Month Period

Ending Beginning

Non- NonManufacturing Manufacturing Manufacturing Manufacturing

CALCULATION OF COST OF

GOODS SOLD

Inventory at beginning of year

(Including raw material and stock

in process, but not finished

stock, for manufacturing risks) $ $ $ $

Add: The following purchase

costs: Cost of raw stock

(including transportation charges) + XXXXXX + XXXXXX

Cost of factory supplies

consumed + XXXXXX + XXXXXX

Cost of merchandise sold

including transportation charges

(for manufacturing risks, means

cost of merchandise sold but

not manufactured by you) + + + +

Cost of other supplies consumed

(including transportation charges) + + + +

Cost of goods available for sale $ $ $ $

Deduct: Inventory at end of year

(Including raw material and stock

in process, but not finished

stock, for manufacturing risks) - - - - Costs of Goods Sold (Enter this

figure in Item I. on previous page $ $ $ $

CIC0323

Case: 1:20-cv-04636 Document #: 9-1 Filed: 10/09/20 Page 324 of 327 PageID #:369
CP 15 15 06 95 Copyright, Insurance Services Office, Inc., 1994 Page 5 of 5

CALCULATION OF SPECIAL

DEDUCTIONS - MINING PROPERTIES

Royalties, unless specifically

included in coverage $ $

Actual depletion, commonly known

as unit or cost depletion (not

percentage depletion) + +

Welfare and retirement fund

charges based on tonnage + +

Hired trucks + +

Enter this figure in Item I. on

previous page $ $

CIC0324

Case: 1:20-cv-04636 Document #: 9-1 Filed: 10/09/20 Page 325 of 327 PageID #:370
IA 4407 03 13

NOTICE TO POLICYHOLDERS

DIRECT BILL ACCOUNT CREDIT PROCEDURE

This is a notice of how an account credit will be applied to your policy or to all of the policies being billed as

single account. Account Credits

A. If your account is comprised of a single policy and an endorsement or premium audit results in a credit

(return premium), the credit is applied to that policy. If your account does not have a future installment due 

at the time the endorsement or audit is processed, the credit is refunded to the payor listed for your 

account. If you do not wish for credits to be automatically applied to future unpaid installments, please 

contact us to request a refund. Please note that the amount of the refund may vary based upon the date

you contact us and your billing schedule. B. If your account is comprised of more than one policy and an endorsement or premium audit results in a

credit (return premium), the credit is applied in the following manner:

• Payments previously applied to your account are deferred.

• The credit that results from the endorsement or audit is applied to the policy generating the credit.

• The payments that were deferred are then reapplied to the account in order to satisfy the amount

due.

• Any excess payment that results from the credit is applied proportionately to your policies with a

future payment or installment due.

• If you do not wish for credits to be automatically applied to future unpaid installments, please contact 

us to request a refund. Please note that the amount of the refund may vary based upon the date you

contact us and your billing schedule.

• If your account does not have a future installment or payment due at the time the endorsement or 

audit is processed, the credit is refunded to the payor listed for your account.

(Does not apply to audit return premium for payors located in New York; Does not apply to premiums due 

more than 30 days from the date of processing for payors located in New Hampshire. These credits are

automatically refunded to the payor)

To request a refund, contact us at:

Mailing Address Toll free phone number Electronic mail

The Cincinnati Insurance Company 877-942-2455 CinciBill@cinfin.com

PO Box 14529

Cincinnati, OH 45250-0529

CIC0325

Case: 1:20-cv-04636 Document #: 9-1 Filed: 10/09/20 Page 326 of 327 PageID #:371
IA 4421 03 13

DISCLOSURE OF DIRECT BILL FEES AND CHARGES

NO COVERAGE IS PROVIDED BY THIS DISCLOSURE, nor can it be construed to replace any provision of

your policy. YOU SHOULD READ YOUR POLICY AND REVIEW YOUR DECLARATIONS PAGE CAREFULLY 

for complete information on the coverages provided. Your insurance premium is being paid directly to us rather than to your insurance agency. We appreciate your 

prompt payment of the premium. Please note that these fees apply only in the event your payment is late, is

returned to us for insufficient funds, or if your policy was previously canceled for nonpayment of premium and 

has been reinstated at either your or your agents request. We are not required to reinstate a policy once

cancellation for nonpayment of premium has become effective. The decision to reinstate coverage is solely at

the discretion of the company.

Not all fees are applicable in all states. The types of fees are listed below. Following the description of each 

fee, we list the states where the fee applies and the amount of the fee. Fees are not levied in KY, MD, MT and 

NC.

Non-Sufficient Funds (NSF) Charge: The first time a premium payment is returned due to Non-Sufficient 

Funds (NSF), the premium due is the installment amount. For each succeeding return of payment while 

continuously insured with The Cincinnati Insurance Companies, a charge is added to your next account

statement. The amount of the charge is determined by the fees filed with and approved by the state where the

payor of your account is located. $10 AK, FL, NJ, RI, and SC;

$15 MA;

$20 NY; and

$25 AL, AZ, AR, CA, CO, CT, DE, DC, GA, HI, ID, IL, IN, IA, KS, LA, ME, MI, MN, MS, MO, NE, NV, NH, NM, 

ND, OH, OK, OR, PA, SD, TN, TX, UT, VT, VA, WA, WI, WV and WY. Reinstatement Charge: The first time your account is reinstated for nonpayment of premium, the premium

due is the installment amount. For each succeeding reinstatement due to nonpayment of premium while

continuously insured with The Cincinnati Insurance Companies, a charge is added to your next account

statement. The amount of the charge is determined by the fees filed with and approved by the state where the 

payor of your account is located. $10 AK, RI, and SC;

$15 MA;

$20 NY; and

$25 AL, AZ, AR, CA, CO, CT, DE, DC, GA, HI, ID, IL, IN, IA, KS, LA, ME, MI, MN, MS, MO, NE, NV, NH, NM, ND, OH, OK, OR, PA, SD, TN, TX, UT, VT, VA, WA and WY. Late Charge: A charge is added to your next account statement each time your payment is received and

processed after the due date as shown on the account statement. This fee will not apply to Electronic Funds 

Transfer (EFT). The amount of the charge is determined by the fees filed with and approved by the state where

the payor of your account is located. $10 AK, FL, RI, and SC;

$15 MA; and

$25 AL, AZ, AR, CA, CO, CT, DE, DC, GA, HI, ID, IL, IN, IA, KS, LA, ME, MI, MN, MS, MO, NE, NV, NH, NM, 

ND, OH, OK, OR, PA, SD, TN, TX, UT, VT, VA, WA, WI and WY.

CIC0326

Case: 1:20-cv-04636 Document #: 9-1 Filed: 10/09/20 Page 327 of 327 PageID #:372