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PROOF OF INSURANCE (2015) CLOSED
CERTIFICATE OF INSURANCE ISSUE DATE 04/18/2014 PRODUCER ___.. Cert 83535 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND SAINT MOORE INSURANCE AGENCY CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE P.O. BOX 1860/ 1150 BROOKSIDE, SUITE Q DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE REDLANDS, CA 92373 POLICIES BELOW. (909)793 -2151 FAX (909)798 -7068 COMPANIES AFFORDING COVERAGE COMPANY A UNDERWRITERS AT LLOYDS CIO CANON E &S ""'"""`m" COMPANY U S AUCTIONS, DBA: ARMANDO CAMARENA B GREAT LAKES REINSURANCE C/O CANON E &S 130 EAST 9TH STREET UPLAND, CA 91786 COMPANY C TRAVELERS EXCESS & SURPLUS INS C/O CANO COMPANY D STATE COMPENSATION INSURANCE FUND COVERAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSUTMCE LISTED DELOW HAVE: BEEN IS'SUEDTO THE INSURED NAM140 ABOVE FOR THE POLICY PERIOD INDI)CAT'E;D. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR EITHER DOCUMENT WITH RESPECT TO WNICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAK T) (1 INSURANCE AFFORDED DYTHE POLICIES DWRIOEO HL VIN IS'SUBJECT'TO ALL THE TERMS„ EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. SEE SEPARATE CERT CO TYPE OF INSURANCE ......... ._ POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION _u LIMITS LTR BODILY INJURY DATE (MIWDDIYY) DATE (MWDD/YY) (Per Person) GENERAL LIABILITY HIRED AUTOS GENERAL AGGREGATE S 2,000,000 T' COMMERCIAL GENERAL LIABILITY BCG000003 FEB 1314 FEB 1315 PRODUCT S-COMPIOP AGG. $ 2,000 000 A LAMS MADE OCCUR, (Per Ac danQ (Per Aaldeny PROPERTY DAMAGE PERSONAL & ADV INJURY $ 1000 (� ., OWNER'S & CONTRACTOR'S PROT. GARAGE LIABILITY AUTO ONLY -EA ACCIDENT $ _ ANY AUTO 1 / 'CGD0012107OCCURFORM FEB 1314 FEB 1315 OTHER THAN AUTO ONLY: EACH OCCURRENCE $ 11,000,,000 EACH ACCIDENT X 2,000,ODD ANY ONE LOSS FIRE DAMAGE(Aoy One Fire) $ 100,000 AGGREGATE EXCESS LIABILITY i UMBRELLA FORM � ZUPlSN12343 -14NF FEB 1314 MEDMED. EXPENSE(Any One Pelson $ EXCI AUTOMOBILE LIABILITY PTION OF E TIONSlL9JCATH )!NSIVCH;ICLESfSPECIA4L ITEMS CITY OF EL SEGUNDO IS RECOGNIZED AS ADDITIONAL INSUREDS PER FORM CG2026 07/04. PRIMARY WORDING PER FORM CG2001 0413. GENERAL LIABILITY WAIVER OF SUBROGATION INCL PER FORM CG2404 0509. WAIVER OF SUBROGATION FOR WORKERS COMP ATTACHED 412212014. 00 CITY OF EL SEGUNDO 350 MAIN STREET EL SEGUNDO, CA 90245 CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. 10 -DAY NOTICE OF CANCELLATION APPLIES FOR NON - PAYMENT OF PREMIUM kUTHORMED RF.PRESE;NTATIVE' I COMBINED SINGLE LIMIT $ ANY AUTO SEE SEPARATE CERT ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per Person) $ HIRED AUTOS $ NON -OWNED AUTOS (Per Ac danQ (Per Aaldeny PROPERTY DAMAGE $ GARAGE LIABILITY AUTO ONLY -EA ACCIDENT $ _ ANY AUTO RK6270BAl4 FEB 1314 FEB 1315 OTHER THAN AUTO ONLY: 'J %000 ANYONE UNIT EACH ACCIDENT X 2,000,ODD ANY ONE LOSS AGGREGATE EXCESS LIABILITY i UMBRELLA FORM � ZUPlSN12343 -14NF FEB 1314 . - -V FEB 13 15 EACH OCCURRENCE 1,000,000 � -.- AGGREGATE $ 1,000',000 OTHER THAN UMBRELLA FORM WORKER'S COMPENSATION TION AND .__. _...... ._ X STATUTORY LIMITS 90046251 4 FEB 1 1 4 FEB 1...15.. EACH ACCIDENT $ 1,000,OOB° THE PROPRIETORI INCL PARTNERS/EXECUTNE DISEASE - POLICY LIMIF $ 1,0130 000 DISEASE -EACH EMPLOYEE $ 1,000,000 OFFICERS ARE: x EXCL OTHER 'REVISES CERT DATED 4117114 "' PTION OF E TIONSlL9JCATH )!NSIVCH;ICLESfSPECIA4L ITEMS CITY OF EL SEGUNDO IS RECOGNIZED AS ADDITIONAL INSUREDS PER FORM CG2026 07/04. PRIMARY WORDING PER FORM CG2001 0413. GENERAL LIABILITY WAIVER OF SUBROGATION INCL PER FORM CG2404 0509. WAIVER OF SUBROGATION FOR WORKERS COMP ATTACHED 412212014. 00 CITY OF EL SEGUNDO 350 MAIN STREET EL SEGUNDO, CA 90245 CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. 10 -DAY NOTICE OF CANCELLATION APPLIES FOR NON - PAYMENT OF PREMIUM kUTHORMED RF.PRESE;NTATIVE' I POLICY NUMBER: BCG000003 COMMERCIAL GENERAL LIABILITY CG 20 26 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -- DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Section tl —'WWho Is An Insured Is amended to in- clude as an additional insured the person(s) or organ. I .ation(s) shown in the Schedule" but only with re $pact to hability for "bodily injury", " "'property damage" or "personal and advertising injury"" caused, in whole or In part, by your ,acts or omissions or the acts or omissions of those acting on your behalf: A. In the performance of your ongoing operationp; -cr,," B. In connection with your premises owngd`"by or� rented to you. CG 20 26 07 04 0 ISO Properties, Inc., 2004 Page 1 of 1 El POLICY NUMBER: BC0000003 COMMERCIAL GENERAL LIABILITY CG 24 04 05 09 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS /COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: "AS REQUIRED BY WRITTEN CONTRACT" AND PER CERTIFICATE ON FILE WITH THE INSURANCE CARRIER. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV —Conditions: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or 'Your worn' done under a contract with that person or organization and included in the "products - completed operations hazard ". This waiver applies only to the person or organization shown in the Schedule above, CG 24 04 05 09 ® Insurance Services Office, Inc., 2008 Page 1 of 11 13 U S AUCTIONS DBA: ARMANDO CAMARENA POLICY: BCG000003 2113/2014 — 2/13/2015 COMMERCIAL GENERAL LIABILITY CG 20 0104 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS /COMPLETED OPERATIONS LIABILITY COVERAGE PART The following is added to the Other Insurance (2) You have agreed in writing in a contract or Condition and supersedes any provision to the agreement that this insurance would be contrary: primary and would not seek contribution Primary And Noncontributory Insurance from any other insurance available to the This insurance is primary to and will not seek additional insured. contribution from any other insurance available to an additional insured under your policy provided that: (1) The additional insured is a Named Insured under such other insurance; and CG 20 Oftyal®d69urance Services Office, Inc., 2012 ENDORSEMENT AGREEMENT WAIVER OF SUBROGATION 9004625 -14 RENEWAL SJ 5- 64 -61 -31 PAGE 1 HOME OFFICE SAN FRANCISCO EFFECTIVE APRIL 18, 2014 AT 12.01 A.M. ALL EFFECTIVE DATES ARE AND EXPIRING FEBRUARY 1, 2015 AT 12.01 A.M. AT 12:01 AM PACIFIC STANDARD TIME OR THE TIME INDICATED AT PACIFIC STANDARD TIME U S AUCTIONS CAMARENA 130 E 9TH ST UPLAND, CA 91786 ANYTHING IN THIS POLICY TO THE CONTRARY NOTWITHSTANDING, IT IS AGREED THAT THE STATE COMPENSATION INSURANCE FUND WAIVES ANY RIGHT OF SUBROGATION AGAINST, WHICH MIGHT ARISE BY REASON OF ANY PAYMENT UNDER THIS POLICY IN CONNECTION WITH WORK PERFORMED BY, U S AUCTIONS CAMARENA IT IS FURTHER AGREED THAT THE INSURED SHALL MAINTAIN PAYROLL RECORDS ACCURATELY SEGREGATING THE REMUNERATION OF EMPLOYEES WHILE ENGAGED IN WORK FOR THE ABOVE EMPLOYER. IT IS FURTHER AGREED THAT PREMIUM ON THE EARNINGS OF SUCH EMPLOYEES SHALL BE INCREASED BY 03 %. NOTHING IN THIS ENDORSEMENT CONTAINED SHALL BE HELD TO VARY, ALTER, WAIVE OR EXTEND ANY OF THE TERMS, CONDITIONS, AGREEMENTS, OR LIMITATIONS OF THIS POLICY OTHER THAN AS STATED. NOTHING ELSEWHERE IN THIS POLICY SHALL BE HELD TO VARY, ALTER, WAIVE OR LIMIT THE TERMS, CONDITIONS, AGREEMENTS OR LIMITATIONS OF THIS ENDORSEMENT. COUNTERSIGNED AND ISSUED AT SAN FRANCISCO: APRIL 22, 2014 2570 AUTHORIZED REPRESENTA !VE PRESIDENT AND CEO SCIF FORM 10217 (REV,1 -2012) OLD DP 217 CERTIFICATE OF INSURANCE ISSUE DATE _..._ 04/24/2014 PRODUCER Cent# 83572 THIS CERTIFICAT E IS ISSUED AS A MATTER OF INFORMATION ONLY AND SAINT MOORE INSURANCE AGENCY CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE P.O. BOX 1860 / 1150 BROOKSIDE, SUITE Q DOES NOT AMEND. EXTEND OR ALTER THE COVERAGE AFFORDED BY THE REDLANDS, CA 92373 POLICIES BELOW. (909)793 -2151 FAX (909)798 -7068 COMPANIES AFFORDING COVERAGE COMPANY A CALIF AUTO INS CO. (MERCURY INS GROUP) INSURED COMPANY U S AUCTIONS / ARMANDO CAMARENA DBA: E NATIONAL UNION FIRE INS CO 130 EAST 9TH STREET UPLAND, CA 91786 COMPANY C MOUNT VERNON FIRE INS CO C/O RT SPECIAL COMPANY D �GOVERAGES THIS IS TO CERTIFY THAT THE POLICIES NOTWITHSTANDING ANY REQUIREMENT,TEiRM OR CONDITION OF ANY CONTRACT OR OTHER DOCUIMET WITH RESPECT O WHICH THIS CERTIFICATE MAY ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS R DATE (MM(DDIYY) DATE (MMIDDNY) GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY LIABILITY GENERAL AGGREGATE $ PRODUCTS- COMPIOP AGG. $ j:2:LAIIMd'S MADE (,........_. OCCUR. !. $ -�� PERSONAL & ADV INJURY S $ OWNER'S 8 CONTRACTOR'S PROF. COMBINED SINGLE LIMIT $ 1,000,000 AGGREGATEI$ ANY AUTO ALLOWNEDAUTOS BA040000005946 APR 16 14 APR 1615 BODILY INJURY EACH OCC URRENCE $ FIRE DAMAGE(Any One Fire) Is MED. EXPENSE(Any One Person' $ AUTOMOBILE LIABILITY EACH ACCIDENT $ COMBINED SINGLE LIMIT $ 1,000,000 AGGREGATEI$ ANY AUTO ALLOWNEDAUTOS BA040000005946 APR 16 14 APR 1615 BODILY INJURY � ° ° °° EACH OCCURRENCE X SCHEDULEDAUTOS UMBRELLA FORM (Per Person) $ { HIREDAUTOS OTHER THAN UMBRELLA FORM .................... ...........""".. °"""' -` WORKER'S COMPENSATION AND -� BODILY INJURY $ X NON-OWNED AUTOS EMPLOYERS' LIABILITY (Per Accident) X All, WAIVER, PRIMARY _.._..._._._._ THE PROPRIETOR! PROPERTY DAMAGE $ GARAGE LIABILITY ANY AUTO PARTNERSIEXECUTIVE OFFICERS ARE: AUTO ONLY -EA ACCIDENT $ 7 OTHER THAN AUTO ONLY: DESCRIPTION OF OPE1" bATION Sd'L+CWCA'P10C^7S'IVEk11CLES /SPECIAL ITEMS COMPANY C: PROFESSIONAL LIABILITY POL#SP2009392E. SPECIFIED E &O. LIMITS: 1,000,000 12,000,000 $5,000 OED TERM: 04/06114 THRU 04/06/15 COMPANY: MOUNT VERNON FIRE INSURANCE C/O RT SPECIALTY. "ON BUSINESS AUTO REFERENCED ABOVE:IF REQUIRED BY WRITTEN CONTRACT THE FOLLOWING AUTO FORMS WOULD APPLY TO THE PARTIES INVOLVED: All- MCA20480711; WAIVER- MCA04440711; PRIMARY- CA0001 0310. COPIES ATTACHED " "" CERTIFICATE HOLDE� R AN LLLATm ! W . SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. CITY OF EL SEGUNDO 360 STREET EL SEGIUNDO, CA 90245 .mo 10 -DAY NOTICE OF CANCELLATION APPLIES FOR NOWPAYMET OF PREMIUM � � AUTHOR2ED RBPS ESENTAT V S EACH ACCIDENT $ AGGREGATEI$ EXCESS LIABILITY EACH OCCURRENCE $ X UMBRELLA FORM AGGREGATE $ OTHER THAN UMBRELLA FORM .................... ...........""".. °"""' -` WORKER'S COMPENSATION AND -� X STATUTORY LIMITS EMPLOYERS' LIABILITY EACH ACCIDENT _.._..._._._._ THE PROPRIETOR! PARTNERSIEXECUTIVE OFFICERS ARE: I CL I DISEASE -EACH EMPLOYEE 5 w ° °° .......... .... 1 B, OTHER 029332594 JUL 12 13 �JUL 12 4 $500,000 LIMIT CRIME INCL EMPLOYEE THEFT,FOR ...�.._ �GERY OR ALTERATION,THEFT OF MONEY IN /OUT, $5,000 DEDUCTIBLE COMPUTER FRAUD FUNDS TRANSFER FRAUD APPLIES SEPARATELY TO EACH DESCRIPTION OF OPE1" bATION Sd'L+CWCA'P10C^7S'IVEk11CLES /SPECIAL ITEMS COMPANY C: PROFESSIONAL LIABILITY POL#SP2009392E. SPECIFIED E &O. LIMITS: 1,000,000 12,000,000 $5,000 OED TERM: 04/06114 THRU 04/06/15 COMPANY: MOUNT VERNON FIRE INSURANCE C/O RT SPECIALTY. "ON BUSINESS AUTO REFERENCED ABOVE:IF REQUIRED BY WRITTEN CONTRACT THE FOLLOWING AUTO FORMS WOULD APPLY TO THE PARTIES INVOLVED: All- MCA20480711; WAIVER- MCA04440711; PRIMARY- CA0001 0310. COPIES ATTACHED " "" CERTIFICATE HOLDE� R AN LLLATm ! W . SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. CITY OF EL SEGUNDO 360 STREET EL SEGIUNDO, CA 90245 .mo 10 -DAY NOTICE OF CANCELLATION APPLIES FOR NOWPAYMET OF PREMIUM � � AUTHOR2ED RBPS ESENTAT V S US AUCTIONS POLICY # BA04000000,5946 THIS ENDORSEMENT CHANGES THE POLICY. PI EASE READ IT CAREFULLY. ADDITIONAL INSURED This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apt* unless modified by the endorsement. The following is added to the Section II — Liability Coverage, Paragraph A.I. Who Is An insured Provision: Any person or organization that you are required to include as additional insured on the Coverage Form in a written contract or agreement that Is signed and executed by you before the 'bodily injury" or "property damage" occurs and that is In effect during the policy period is an "insured" for Liability Coverage, but only for damages to which this insurance applies and only to the extent that person or organization qualifies as an "Insured" under the Who Is An Insured provision contained in Section N. IViC -A20480711 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET WAIVER OF SUBROGATION 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 endorsemenE, the provisions of the Coverage Form apply unless modified by the endorsement. Paragraph 6. Transfer of Rights Of Recovery Against Others To Us of the CONDITIONS section is replaced by the following: 5. Transfer Of Rights Of Recovery Against Others To Us VVe waive any right of recovery we may have against any person or organization to the extent required of you by a written contract executed prior to any "accidenf' or "lass ", provided that the "accident" or "loss" arises out of the operations contemplated by such contract. The waiver applies only to the person or organization designated in such contract. M6A044440711 S ��c�loNs Policy Number: BA040000005946 INWMERCURY Effective [late: 0411612014 INSURANCE GROUP Renewal De larations BUSINESS AUTO DECLARATIONS Issued By= Agent: California Automobile Insurance Company SAINT MOORE INS AGCY P.O. Box 10730 1150 BROOKSIDE AVE STE 0 Santa Ana, CA 92711 -0730 REDLANDS, CA 92373 Billing: (888) 637 -2176 Agent Number: 045470 Claims: (800) 503 -$724 Aitent Phorwe: (909) 7,93 -215: Named Insured: ARMANDO CAMARENA DEW US AUCTIONS Melling Address: 130E 9th St, Upland, CA 91786 -6015 Policy Period: From 04/16/2014 to 04/16/2015 at 12:01 AM Standard Tlme at your mailing address Form of Business: Individual /Sole Proprietorship Total Policy Premium: $2,726.40 This policy may be subject to final audit. In return for the payment of the premium, and subject to all the terms of this policy, we agree with you to provide the insurance as stated In this policy. ENDORSEMENTS A7TACHED TO TWS POLICY IL 00 17 2198 - Common Policy Conditions IL 00 2109 08 - Nuclear Energy Liability Exclusion iL 00 03 09 0 -- Calculation of Premium CA 00 010310 Business Auto Coverage Form Y �l Qr a , , q p 6 S a a CA 01 21 02 99 - Limited Mexlco Coverage Cl CA 0143 05 07 - California Changes IL 02 70 D811- California Changes - Cancellation and CA 23 94 03 06 - Silica or Silica Related Dust Exclusion U -245 - Auto Body Repair Consumer 8111 of Rights MCA 04 44 07 11- Blanket Waiver of Subrogation MCA 20 48 07 11- Blanket Additional insured CA 04 25 05 07 - California Individual Named Insured CA 2154 09 09 - California Uninsured Motorists - Bodily CA 2155 06 10 - California Uninsured Motorists - Physical CA 03 05 02 97 - California Changes Waiver of CDW MCADS030112 -CA Page 1 of 5 04116/2014 12:01 AM PT COMM5RCIAL AUTO CA 00 01 03 10 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" re- fer 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 coverages. 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 � Desorl lion Of Covered Auto Designation Symbols 7 A ny "auto" 2 Owned "Autos" Only those "autos" you own (and tot Liability Coverage any "trailers" you don't own Only while attached to power units you own). This includes those "autos" you acquire nwnareh;n of after the oNic be ins. 3 Owned Private Only the private passenger "autos" you own. This includes those private Passenger passenger "autos" you acquire ownership of after the policy begins. °"Autos" Onl 4 Owned Ont "autos" you Only Those own that are not of the private passenger type (acrd for Autos Other Covers a n " y g y " "Irallers" you don't own while attached to power units you Than Private own). This Includes those "autos" not of the private passenger type you acquire Passenger ownership of after the policy begins. 'Autos' Only 5 Owned "Autos" Only those "autos" you own that are requited to have no -fault benefits In the state Subject To where they are licensed or princlpally garaged. This includes those "autos" you No-fault acquire ownership of after the policy begins provided they are required to have no- fault benefits In the state where the are. Licensed or rinol all garaged. a Owned "Autos° Only those "autos" you own that because of the lase In the state where they are Subject To A licensed or principally garaged are required to have and cannot reject Uninsured Compulsory Motorists Coverage- This Includes those 'autos" you acquire ownership of after the Uninsured policy begins provided they are subject to the sane slate uninsured motorists Motorists Law re uirornent, 7 Specifically Only those "autos" described In Item Three of the Declarations for which a Described premium charge is shown (and for Liability Covera a any "trailers" you don't own " Autos " while attached to an ewer unit desoti'bed In Item "g Three ). a Hired "Autos" Only those "autos" you lease, hire, rant or borrow. This does not Include any "auto" Only you lease, hire, rent or borrow from any of your "employees ", partners (if you are a partnership), members (if you are a limited liability company) or members of their households. 9 lion -owned Only those "autos" you do not own, lease, hire, rent or borrow that area used In "Autos" Only connection with your business. *rhis includes "autos" owned by your "employees ". partners (if you are a partnership), members (If you are a Ilmited liability company) or members of their households but only while used in your business or your personal affairs, 1 1 CA 00 0103 10 V Insurance Services Office, Inc., 2009 Page 1 of 12 d 19 Mobile Equip- ................ Only those "autos" that are land vehicles and that would qualify under the definition ment Subject To of "mobile equipment" under this policy if they were not subject to a compulsory or Compulsory Or financial responsibility law or other motor vehicle Insurance law where they are Financial licensed or principally garaged. Responsibility Or Other Motor Vehicle Insur- B. Owned Autos You Acquire After The policy Begins 1. if Symbols 1, 2, 3, 4, 5, 6 or 19 are entered next to a coverage In Item Two of the Declara- tions, then you have coverage for "autos" that you acquire of the type described for the re- mainder of the pollpy period, 2. But, if Symbol 7 is entered next to a coverage in Item Two of the Declarations, an "auto" you acquire will be a covered "auto" for that cover- age only If: a. We already cover all 'autos" that you own for that coverage or it replaces an "auto" you previously owned that had that cover- age; and b. You fail us within 30 days after you acquire it that you want us to cover It for that cover- age. C. Certain Trailers, Mobile Equipment And Temporary Substitute Autos if Liability Coverage is provided by this coverage form, the following types of vehicles are also cov- ered "autos" for Liability Coverage: 1. "Trailers" with a load capacity of 2.000 pounds or less designed primarily for travel on public roads. 2. "Mobile equipment" while being carried or towers by a covered "auto ". 3. Any "auto" you do not own while used with the permission of its owner as a temporary substi- tute for a covered "auto" you own that Is out of service because of Its: a. Breakdown; b. Repair; e. Servicing; d. "Loss "; or e. Destruction. SECTION 11— LIA131LITY COVERAGE A. Coverage We will pay all sums an 'insured" legallyrlaust pay as damages because of "bodily Injury" or "property" damage " to which this Insurance applies,, caused by an "accident" and resulting frorn the ownership, maintenance or use of 'a covered "suto`» We will'' also' pay all sums an 'Insured' legally must pay as a "covered pollution cost or expense" to which this Insurance applies, caused by an "accl- dent" and resulting from the ownership, mainte- nance or use of covered "autos". However, we will only pay for the "covered pollution cost or ex- pense" If there is elther " bodtly 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- cured" against a "suitC' asking for such damages or a "covered pollution cost or expense ". However, we have no duty to defend any "Insured " against a "suit"" seeking damages for "bodily injury" or "prop- erty damage" or a "covered pollution cost or ex- pense" 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 judgments or settlements. 1. Who Is An Insured The following are "insureds ": a. You for any covered "auto ". b. Anyone else while using with your permis- sion a covered "auto" you own, hire or bor- row 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 covered 'auto" you own. Page 2 of 112 0 Insurance Services Office, Inc., 2009 CA 00 01103 10 13 (2) Your "employee" if the covered "auto" is owned by that "employee" 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 `,employees ", partners (if you are a partnership), members Of 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 partnership) 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 "in- sured" described above but only to the ex- tent 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 cost of bail bonds (in- cluding bonds for related traffic law vio- lations) required because of an "acci- dent" we cover. We do not have to fur- nish these bonds. (3) The cost of bonds to release attach- ments in any "suit" against the "insured" we defend, but only for bond amounts within our Limit of Insurance. (4) All reasonable expenses Incurred by the "insured" at our request, including actual loss of earnings up to $250 a day be- cause of time off from work. (5) All court costs taxed against the "in. sured" in any "suit" against the "Insured" we defend. However, these payments do not Include attorneys` fees or attor- neys' expenses taxed against the 'in- sured", (S) All Interest on the fun amount of any judgment that accrues after entry of the judgment In any 'suit' against the "in- sured" we defend, but our duty to pay in- terest ends when we have paid, offered to pay or deposited In court the part of the judgment that Is within our Limit of Insurance. These payments will not reduce the Limit of 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 Li. ability Coverage to meet the limits speci• fled by a compulsory or financial to. sponslbRity law of Me jurisdiction where the covered "auto'" Is being used. This extension does not apply to the limit or limits specified by any law governing motor carders of passengers or prop- erty. (2) Provide the minimum amounts and types of other coverages, such as no- fault, required of out -of -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 extenslons. B. Exclusions This insurance does not apply to any of the follow- ing: 1. Expected Or Intended Injury "bodily injury" or "property damage" expected or intended from the standpoint of the "in- sured". 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 "Ensured contract " provided the "bodily Injury" or "property damage " occurs subse- quent to the execution of the contract or agreement; or b. That the "insured" would have in the ab- sence of the contract or agreement. 3. Workers' Compensation Any obligation for which the "Insured" or the "insuned's" insurer may be held liable under any workers' compensation, disability benefits or unemployment compensation law or any similar law. CA 00 0103 10 0 Insurance Services Office, inc., 2009 Page 3 of 12 El 4. Employee Indemnification And Employer's Liability "Bodily injury" to: a. An "employee" of the "insured" arising out of and in the course of: (1) Employment by the insured "; or (2) Performing the duties related to the conduct of the "Insured's" business; or b. The spouse, child, parent, brother or sister of that "employee" as a consequence of Pa- ragraph e. 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 damages with or repay someone else who must pay damages because of the injury. But this exclusion does not apply to "bodily In- jury" to domestic "employees" not entitled to workers' compensation benefits or to liability assumed by the "Insured" under an "insured contract ". For the purposes of the coverage form, a domestic "employee" is a person en- gaged in household or domestic work per- formed principally in connection with a resl- dence promises. 5. Fellow Employee "Bodily injury„ to: a. Any fellow "employee" of the "insured" arls- ing out of and in the course of the fellow "empioyeeV employment or while perform - Ing duties related to the conduct of your business; or b. The spouse, child, parent, brother or sister of that fellow "employee" as a consequence of Paragraph a. above. 6. Care, Custody Or Control "Property damage" to or "covered pollution cost or expense" Involving property owned or trans- ported by the "insured" or In the Insured's" care, custody or control. But this exclusion does not apply to liability assumed under a si- detrack agreement. 7. Handling Of Property "Bodily Injury" or "property damage" resulting from the handling of property: a. Before it Is moved from the place where it is accepted by the "Insured" for movement in- to or onto the covered "auto "; or b. After it is moved from the covered "auto" to Vie place where it is finally delivered by the "Insured ". 8. Movement Of Property By Mechanical Device "Bodily Injury " or "'property damage" resulting from the movement of property by a mechani- cal device (other than a stand truck) unless the device is attached to the covered "auto ". 9. Operations "Bodily injury" or "properly damage" arising out of the operation of: a. Any equipment listed in Paragraphs 6.b. and 6.c. of the definition of "mobile equip- ment"; or b. Machinery or equipment that Is on, attached to or part of a land vehicle that would qual- Ify under the dermitfon of "mobile equip- ment" If It were not subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it Is licensed or principally garaged. 10. Completed Operations "Bodily injury" or "property damage" arising out of your work after that work has been com- pleted 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 furnished In connection with such work or operations. Your work Includes warranties or represents= bons made at any time with respect to the fit- ness, quality, durability or parformance of any of the items Included In Paragraph a. or b. above. Your work will be deemed completed at the earliest of the following times: (1) When all of the work called far In your contract has been completed. (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 jab site has been put to Its intended use by any person or organization other than another contractor or subcontractor working on the same project. Page 4 of 12 0 Insurance Services Office, Inc., 201019 CA 00 0103 10 M ,...:w Work that may need service, maintenance, cor- rection, repair or replacement, but which is otherwise complete, will be treated as com- pleted. 11, Pollution "Bodily Injury ", or *property damage" arising out of the actual, alleged or threatened discharge, dispersal, seepage. migration, release or es- cape of "pollutants ": a. That are, or that are contained in any prop- erty that is: (1) Being transported or towed by, handled or handled for movement into, onto or from the covered "auto "; (2) Otherwise in the course of transit by or on behalf of the "Insured "; or (3) Being stored, disposed of, treated or processed in or upon the covered "au- to"; b. Before the "pollutants" or any property In which the "pollutants" are contained are moved from the place where they are ac- cepted by the "insured" for movement into or onto the covered "auto"; or c. After the "pollutants" or any property In which the "pollutants" are contained are moved from the covered "auto" to the place where they are finally deiiveredr disposed of or abandoned by the "Insured". Paragraph a. above does not apply to fuels, iu- brfcants, fluids, exhaust gases or other similar "pollutants" that are needed for or result from the normal electrical, hydraulic or mechanical functioning of the covered "auto" or its parts, If: (1) The "pollutants" escape, seep, migrate or are discharged, dispersed or released directly from an "auto" part designed by Its manufacturer to hold, store, receive or dispose of such "pollutants'; and (2) The "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 5.c. of the definition of "mobile equipment ". Paragraphs b. and c. above of this exclusion 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: (a) The "pollutants" or any property in which the "pollutants" are contained are upset, . overturned or damaged as a result of the maintenance or use of a covered "auto "; and (b) The discharge, dispersal, seepage, ml- gration, release or escape of the "pollut- ants" Is caused directly by such upset, overturn or damage. 12. War "Bodily Injury" or "property damage" arising di- rectly or indirectly out of. a. War, including undeclared or civil war; b. Warlike action by a military fo -rce, Including action in hindering or defending .against an actual or expected attack, by any govern- ment, sovereign or other authority using military personnel or other agents; or c. Insurrection, rebellion, revolution, usurped power or action taken by governmental au- thority in hindering or defending against any ofthese. 13. Racing Covered "autos" while used In any professional or organized racing or demolition contest or stunting activity, or while practicing for such contest or activity. This insurance also does not apply while that covered "auto" is being prepared for such a contest or activity. C. Limit Of insurance Regardless of the number of covered "autos ", "in- sureds", premiums paid, claims made or vehicles involved in the "accident ", the most we will pay for the total of ail demanes and 'covered collution cost or expense" combined resulting from any one "accident" is the Limit of Insurance for Liability Coverage shown in the Declarations. CA OD 0103 10 0 Insurance Services Office, Inc., 2009 page 5 of 12 ❑ e� All "bodily injury", "property damage" and "covered pollution cost or expense" resulting from contlnu- ous or repeated exposure to substantially the same conditions will be considered as resulting from one "accident ". No one will be entilled to receive duplicate pay- ments for the same elements of 'loss" under this coverage form and any Medical Payments Cover- age endorsement, Uninsured Motorists Coverage endorsement or Underinsured Motorists Coverage endorsement allrdchad to this Coverage Karl, SECTION III — PHYSICAL DAMAGE COVERAGE A. Coverage 9. We will pay for "loss" to a covered "auto" or its equipment under: a. Comprehensive Coverage From any cause except: (4) The covered "auto's" collision with an- other object; or (2) The covered "auto's" overturn, b. Specified Causes Of Loss Coverage 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 derail- ment of any conveyance transporting the covered "auto ". c. Collision Coverage Caused by: (1) The covered "auto's" collision with an- other object; or (2) The covered "auto's" overturn. 2. Towing We will pay up to the limit shown in the Decla- ratlons for towing and labor costs incurred each time a covered "auto" of the private pas- senger 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 failing objects or missiles. However, you have the option of having glass breakage caused by a covered "auto's" colli- sion or overturn considered a "loss" under Col- lision Coverage. 4. Coverage Extensions a. Transportation Expenses We will pay up to $20 per day to a maxi- mum of $600 for temporary transportation expense incurred by you because of the to- tal theft of a covered "auto" of the private passenger type. We will pay only for those covered "autos " for which you carry elther 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 policys expi- ration, when the covered "auto" Is returned to use or we pay for its "loss ". b. toss Of Use Expenses For Hired Auto Physical Damage, we will pay expenses for which an 'insured" be- comes legally responsible to pay for loss of use of a vehicle rented or hired without a driver under a written rental contract or agreement. We will pay for loss of use ex- penses if caused by: (1) Other than collision only if the Declara- tions indicate that Comprehensive Cov- erage Is provided for any covered "au- to": (2) Specified Causes Of Loss only if the Declarations Indloate that Specified Causes Of Loss Coverage Is provided for any covered 'auto "; or (3) Collision only if the Declarations indicate that Collision Coverage Is provided for any covered "auto ". However, the most we will pay for any ex- penses 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 ex- cluded regardless of any other cause or event that contributes concurrently or in any se- quence to the "loss ". a. Nuclear Hazard (1) The explosion of any weapon employing atomic fission or fusion; or (2) Nuclear reaction or radiation, or radloac- tive contamination, however caused. Page 6 of 12 ® Insurance Services Office, Inc., 2009 CA 00 Dt 03 10 M b. War Or Military Action (1) War, Including undeclared or civil war; (2) Warilke action by a military force, includ- ing action In hindering or defending against an actual or expected attack, by any government, sovereign or other au- thority using military personnel or olfier agents; or (3) Insurrection, rebellion, revolution, usurped power or action taken by gov- ernmental authority in hindering or de- fending against any of these. 2. We will not pay for "loss"" to any covered "auto"° white used in any professional or organized raking or demolition contest or stunting activity, or while practicing for such contest or activity. We will also not pay for "loss" to any covered "aulo" while that covered "auto" is being pre- pared for such a contest or activity. 3. We will not pay for "loss" due and confined to: a. Wear and tear, freezing, mechanical or electrical breakdown. b. Blowouts, punctures or other road damage to tires. This exclusion does not apply to such "loss" resulting from the total theft of a covered "au- to". 4. We will not pay for "loss" to any of the follow - Ing: a. Tapes, records, discs or other similar audio, visual or data electronic devices designed for use with audio, visual or data electronic equipment. b. Any device designed or used to detect speed - measuring equipment such as radar or laser detectors and any Jamming appara- tus intended to etude or disrupt speed - measurement equipment. c, Any electronic o U mm�M r i hout 'd _q .r........, ... t raga, tc whether this equipment is permanently in- stalled, that reproduces, receives or trans- mits audio, visual or data signals. d. Any accessories used with the electronic equipment described in Paragraph c. above. 5. 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 lime of "loss ", is: a. Permanently installed In or upon the cov- ered "auto "; b. Removable from a housing unit which is permanently Installed In or upon the cov- ered "auto "; G. An integral part of the same unit housing any electronic equipment described In Pa. ragraphs a. and b. above; or d. Necessary for the normal operation of the covered "auto " or the monitoring of the covered "autos "' operatini p system. 6. 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 "ac- cident" is the lesser of: a. The actual cash value of the damaged or stolen property as of the time of the "loss' or b. The coat of repairing or replacing the dam- aged or stolen property with other property of like kind and quality. 2. $1,000 Is the most we will pay for "lass" In any one "scoldent" to all electronic equipment that reproduces, receives or transmits audio, visual or date signals which, at tile time of "loss', Is: a. Permanently Installed an or upon the cov- ered "auto" In a housing, opening or other location tint is not normally used by the "auto" manufacturer for the Installation of such equipment; b. Removable from a permanently Installed housing unit as described In Paragraph 2a. above or Is an Integral part of that equip- ment; or c. An integral part of such equipment. 3. An adjustment for depreciation and physical condition will be made In determining actual cash value in the event of a total "loss ". 4. 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 prop. arty 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. CA 00 0103 ID © Insurance Services Office, Inc., 2009 Page 7 of 12 SECTION IV— BUSINESS AUTO CONDITIONS The following conditions apply in addition to the Common Policy Conditions: A. Loss Conditions I. Appraisal For Physical Damage Loss If you and we disagree on the amount of "loss -, either may demand' an appraisal of Cite "loss ". In this event, each party will select a competent appraiser. The two appraisers will saleet a competent and Impartial umplre. The apprais- ers will state separately the actual cash value and amount of "loss ". If they fail to agree, they will subrnit their differences to the umpire, A. deolslon agreed to by any two will be binding, Each party wfil: a. Pay Its chosen appraiser; and b. Bear the other expanses of the appraisal 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 ices We have no duty to provide coverage under this policy unless there has been full compli- ance with the following duties: a. In the event of "accident ", claim, "snit" or "loss ", you must give us or our authorized representative prompt notice of the "acci- dent" or'loss ". Include: (1) How, when and where the "accident" or "loss" occurred; (2) The "Ins_ured's" name and address; and (3) To the extent possible, the names and addresses of any Injured persons and witnesses. b. Additionally, you and any other involved "insured" must (1) Assume no obligation, make no pay- ment or incur no expanse without our consent, except at the "insured's" own cost. (2) Immediately send us copies of any re- quest, demand, order, notice, summons or legal paper received conceming the claim or "suit". (3) Cooperate with us in the investigation or settlement of the claim or defense against the "suit". (4) Authorize us to obtain medical records or other pertinent information. (5) Submit to examination, at our expense, by physicians of our chaice, as often as we reasonably require. 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) T..rke all reasonable steps to protect the covered "auto" from further damage. Al- so keep a record of your expenses for consideration In the settlement of the clalm. (3) Permit us to inspect the covered "auto" and records proving the "loss" before its repair or disposition, (4) Agree to examinations under oath at our request and give us a signed statement of your answers, 3. Legal Action Against CJs No one may bring a legal action against us un- der this coverage form until: a. There has been full compliance with all the terms of this coverage form; and b. finder Liability Coverage, wo.egree In writ- Ing that the "Insured " has an obligation to pay or until the amount of that obligation has finally been determined by judgment af- ter trla1. No one has the right under this poi Icy to bring us Into an action to detenvIne the "Insured's" liability. 4. Loss Payment -- Physical Damage Coverages At our option we may: a. Pay for, repair or replace damaged or sto- len property; b. Return the stolen property, at our expense. We will pay for any damage that results to the "auto" from the theft; or c. Take all or any part of the damaged or sto- len property at an agreed or appraised val- ue. If we pay for the "loss ". our payment will In- clude the applicable sales tax for the damaged or stolen property. 5. Transfer Of Rights Of Recovery Against Others To Lis If any person or organization to or for whom we make payment under this coverage form has rights to recover damages from another, those rights are transferred to us. That person or or- ganization must do everything necessary to secure our rights and must do nothing after "accident" or "loss" to impair them. Page 8 of 12 0 Insurance Services Office, Inc., 2009 CA 00 0103 10 13 B. General Conditions . 1. Bankruptcy Bankruptcy or Incivenoy of the "insured" or the "insured "s" estate wiil not relieve us of any obii- gallons 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 "in- sured", at any time, intensionally 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 we revise this coverage form to provide more coverage without additional premium charge, your policy will automatically provide the addi- tional coverage as of the day the revision is ef- faclive In your slate. 4. No Benefiit To Sallee — Physical Damage Coverages We will not recognize any assignment or grant any coverage for the 'benefit of any person or organi2at on holding, storing or transporting property for a fee regardless of any other pro - vision of Oils coverage foram.. 5. Other insurance a. For any covered "auto" you own, this cov- erage form provides primary insurance. For any covered 'auto" you don't own, the in- surance 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 Coverage this coverage form pro- vides for the " traler" Is: (1) Excess while it is connected to a motor vehicle you do not own. (2) Primary while it is connected to a cov- ered "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 ! lability Coverage is primary for any liability as- sumed under an "insured contract". d. When this coverage form and any other coverage form or policy covers on the some basis, either excess or primary, . we will pay only our share. Our share it; the proportion that the Limit of Insurance of our coverage form bears to the total of the limits of ali the coverage forms and policies covering on the same basis. B. Premium Audit a. The estImated premium for this coverage form Is based on the exposures you told us you would have when this ,policy began. We will compute the final premium flue 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 bal- ance, if any. The due date for the final pre- mium or retrospective premium is the date shown as the due date on the bill. If the es- timated 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 Oils coverage form will be computed annually t ased on our rates or premiums In effect at the beginning of each year of the policy. 7. policy Period, Coverage Territory Linder this coverage form, we cover "accidents" end "losses" occurring: a. During the policy period shown in the Dec- larations; and b. Within the coverage territory. The coverage territory is: (1) The United States of America; (2) The territories and possessions of the Unit- ed States of America; (3) Puerto Rico: (4) Canada;and (5) Anywhere In the world if: (a) A covered "auto" of the private passen- ger type is leased, hired, rented or bor- rowed without a driver for a period of 30 days or less: and (b) The "insurod'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. CA DO 9103 10 Q Insurance Services Office, inc., 2009 Page 9 of 12 O 11111111KIIIIII We also cover "loss" to, or "accidents" involve ing, a covered "auto" while being transported between any of these places. U. Two Or More Coverage Forms Or Policies issued By Us If this coverage form and any other coverage form or policy Issued to you by us or any com- pany affillated with us applies to the same "ac- cldenl ", the aggregate maximum limit of Insur- ance under all the coverage forms or policies shall not exceed the highest applicable Limit of Insurance tender any one coverage form at pol- Icy, This condition does not apply to any cr„ v- erage form or poky Issued by us at an aflill- ated company specifically to apply as excess Insurance over this coverage form, SECTION V.- DEFINITIONS A. "Accident" includes continuous or repeated expo- sure to the same conditions resulting in "bodily in- jury" or "property damage ". B. "Auto' means: 1. A land motor vehicle, 'trailer" or semitrailer de- signed for travel on public roads; or 2. Any other land vehicle that is subject to a com- pulsory or financial responsibility law or other motor vehicle insurance law where It Is If- censed or principally garaged. Howeverr "auto" does not Include "mobile equip- ment". C. "Bodily Injury" rneans bodily Iniury, sickness or disease sustained by a person including death re- suiting from any of these. D. "Covered pollution cost or expense" means any cost or expense arising out of: 1. Any request, demand, order or statutory or regulatory requirement that any `insured" or others last for, monitor, clean up, remove, con- tain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of, "pollut- ants'; or 2. Any claim or 'suit" by or on behalf of a gov- ernmental authority for damages because of testing for„ monitoring, cleaning up, removing, containing, treating, d'atoxifying, or nouti-alizing, or in any way responding to, or assessing the effects of, "pollutants' "Covered pollution cost or expense " does not In- clude any cost or expense arising out of the ac- teal, alleged or threatened discharge, dispersal, seepage" migration, release or escape of " "pollut- ants° "; a. That are, or that are contained in any prop- erty that Is., (1) Being transported or towed by, handled or handled for movement Into, onto or from the covered "auto% (2) Otherwise in the course of transit by or on behalf of the "insured "; or (3) Being stored, disposed of, treated or processed in or upon the covered "au. to"; b. Before the "pollutants" or any property in which the 'pollutants" are "contained are moved from the place where they are ac- cepted by the 'insured" for movement Into or onto the covered "auto'; or c. After the "pollutants" or any property in which the "pollutants '* are contained are moved from the covered "auto" to the place where they are finally delivered, disposed of or abandoned by the "Insure d!,. Paragraph a. above does not apply to fuels, lu- bricants, 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, dspersed or released directly from an "auto" part designed by its manufacturer to hold. store, receive or dispose of such "pollutants "; 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 Paragraph 0.b. or 6.c. of the definition of "mobile equipment". Page 10 of 12 0 Insurance Services Office, Inc.. 2009 CA 00 0103 10 O Paragraphs b. and c. above do not apply to "accidents" that occur away from premises owned by or rented to an "Insured" with respect to "pollutanW not in or upon a covered "auto" if.. (a) The *pollutants* or any property In which the "pollutants" are contained are upset, overturned or damaged as a result of the maintenance or use of a covered .auto"; and (b) The discharge, dispersal, seepage, mi- gration, release or escape of the "pollut- ant" 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 quali- fying as an Insured in the Who Is An Insured pro- vision of the applicable coverage. Except with re- spect to the Limit of insurance, the coverage af- forded applies separately to each insured who Is seeking coverage or against whom a claim or "suit" is brought. H. "Insured contract" means: I. A lease of premises; 2. A sidetrack agreement: 3. Any easement or license agreement, except in connection with construction or demolition op- erations on or within 50 feet of a railroad-, 4. An obligation, as required by ordinance, to in- damnify a municipality, except In connection with work for a municipality; S. That part of any other contract or agreement pertaining to your business (including an In- demnlricallon of a munIcIpallty In connection with work performed for e munlelpallty) untler which you assume the tort liability of another to pay for 'bodily injury' or "property damage" to a third party or organization, Tort liability means a liability that would be Imposed by law In the absence of any contract or agreement; B. That part of any contract or agreement entered into, as part of your business, pertaining to the rental or lease, by you or any of your "employ- ees", of any "auto". However, such contract or agreement shall not be considered an 'insured contract" to the extent that It obligates you or any of your "employees" to pay for "property damage" to any "auto" rented or leased by you or any of your "employees". An "insured contract" does not Include that part of any contract or agreement: a. That Wernnifles a railroad for "bodily Injury`'" or "property damagell arlsing cut of con- struction or demolition operations, within 50 feet of any railroad property and affecting any railroad bridge or trestle, tracks, road- beds. lunnal, underpass or crossing, b. That pertains to the loan, lease or rental of an "auto" to you or any of your "employ- ees", if the "auto' is icaned, leased or rented with a driver; or c. That holds a person or organization en- gaged in the business of transporting prop- erty by "auto" for hire harmless for your use of a covered 'auto" over a route or territory that person or organization Is authorized to serve by public authority. 1, "Leased worker" means a person leased to you by a labor leasing firm under an agreement between you and the labor leasing firm to perform duties re- lated to the conduct of your business. "Leased worker' does not include a "temporary worker". J. "Loss" means direct and accidental loss or dam- age. K. "Mobile equipment' means any of the following types of land vehicles, Including any attached ma- chinery or equipment: 1. Bulldozers, farm machinery, forklifts and other vehicles designed for use principally off public roads-, 2. Vehicles maintained for use solely on or next to premises you own or rent; 3. Vehicles that travel on crawler treads; 4. Vehicles, whether self-propelled or not, main- tained primarily to provide mobility to perma- nently mounted: a. Power cranes, shovels. loaders, diggers or drills; or b. Road construction or resurfacing equipment such as graders, scrapers or rollers; 5. Vehicles not described In Paragraph 1., 2., 3. or 4. above that are not self-propelled and are maintained primarily to provide mobility to per- manently attached equipment of the following types: a. Air compressors, pumps and generators, Including spraying, welding, building clean- Ing, geophysical exploration, lighting and welf-servIcIng equipment; or b. Cherry pickers and similar devices used to raise or lower workers: or CA 00 01 03 10 0 insurance Services Office, Inc., 2009 Page 11 of 12 1:1 6. Vehicles not described in Paragraph 1., 2., 3. or 4. above maintained primarily for purposes other than the transportation of persons or car- go. However, saff- propelled vehicles with the following types of permanently attached equipment are not 'mobile equipment" but will be considered "autos ": a. Equipment designed primarily for: (1) Snow removal; (2) Road maintenance, but not construction or resurfacing; or (3) Street cleaning; b. Cherry pickers and similar devices mounted on automobile or truck chassis and used to raise or lower workers; and c. Air compressors, pumps and generators, including spraying, welding, building clean - Ing, geophysical exploration, lighting or well- setvtcing equipment. However, "mobile equipment" does not Include land vehicles that are subject to a compulsory or financial responsibility law or oilier motor vehicle Insurance law where it Is licensed or principally ga- raged, (band vehicles subject to a compulsory or financial responsibility law or other motor vehicle Insurance law are considered "autos ". L. "Pollutants" means any solid, liquid, gaseous or thermal irritant or contaminant, Including smoke, vapor, soot, fumes, acids, alkalis, chemicals and waste. Waste includes materials to be recycled, reconditioned or reclaimed. M. "Property damage" means damage to or loss of use of tangible property. N. "Suit" means a civil proceeding in which: 1. Damages because of "bodlly injury" or "prop- erty damage "; or 2. A "covered pollution cost or expense "; to which this insurance applies, are alleged. "Sult" includes: a. An arbitration proceeding In which such damages or "covered pollution costs or ex- penses" are claimed and to which the "in- sured" must submit or does submit with our consent; or b. Any other alternative dispute resolution proceeding in which _ such damages or "covered pollution costs or expenses" are claimed and to which the Insured submits with our consent. O. "Temporary worker" means a person who is fur- nished to you to substitute for a permanent "em- ployee" on leave or to meet seasonal or short -term workload conditions. P. 'Trailer" Includes semitrailer. I I'll 4 Page 12 of 12 © Insurance Services Office, Inc., 2009 CA 00 01 03 10 M