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RACETRAC PETROLEUM, INC v ACE AMERICAN INSURANCE COMPANY Exhibits Policies

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Case 1:10-cv-02162-WSD Document 1-1
Filed 07/13/10 Page 1 of 67
r.
AC E USA
ACE America n Insuran ce Company -L~ 1 Chestnut street i adel p„ia . PA 1 9 10 3
Excess Commercial General Liability Policy
POLICY IDENTIFICATION
XSL G 20593B 14
(a stock insurance company)
NAME INSURED Racetrac Petroleum, Inc . 300 Technology Court Smyrna, GA 30082
PRODUCER CODE : 273729 COMM: McGriff, Seibels & Williams One Premier Plaza 5605 Glenridge Drive, Ste . 30 0 Atlanta, GA 30342
POLICY IS :
Renewal
U f- XSL (.UL1 'I VF3U y 4 o t her:
NAMED INSURED IS :
Corporation
BUSI N ESS OF I NSURED : Convenience Stores POLICY PERIOD : FROM 06/01/2005 TO 06/01/2006
12 :01 A.M . STANDARD TIME AT YOUR MAILI N G ADDRESS SHOWN ABOVE
PREMIUM COMPUTATION AND PAYMENT CONDITIONS
AUDIT PERIOD : PAYMENT FREQUENCY : PAYMENT SCHEDULE :
Annual
Quarterly See Interim Ps 4ati txm Payment Endorsement
TOTAL ADVANCE PREMIUM
Esti mated callous x Rate Per $ Subject to a M i n i mum Premium of $ I the event you canoe ~ountersigned : ~ # x 1,000 _a ' ~-
REDACTE D
= Total Advance Premium
C.
shall receive and f~tair~ not less I d By : (Date)
1
as the Minimum Premium .
X S-B U88 b ( 02!99)
Case 1:10-cv-02162-WSD Document 1-1
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DECLARATIONS - Excess General Liabifiky Policy-Page 2
X5L
G2 05 9 3 6 54
P O LI CY I DE N TI F I CATI O N
ITS OF INSURA NCE
In return for the payment of p remi u m indicated o Page 1 of the Declarations, we agree with you to provide ins urance at the limits shown, subject to a l l of the terms and co n lions o f this policy .
GE N ERAL AGGREGATE LI MI T PRODUCTS/COMPLETED OPERATIONS AGGREGATE LIM I T EACH OCC URR E N CE LIMIT PERSO N AL AN D ADVERTISING I NJU RY LIM N' PREMISES RENTED TO YOU LIMIT (per premise)
4,500,000 4,500,000 500,000 500,000 50,000
RETAINED LIMIT
EACH OCCURRENCE PERSONAL AND ADVERTISING INJURY
500,000 500,000
FORMS AND ENDORSEMENTS (gage 1 of 2) FORMS AND ENDORSEMENTS ATTACHED 1'O THIS POLICY AT INCEP TION :
SCHEDULE OF COVERAGE PARTS XS5U91c Excess Commercial General Liability Policy SCHEDULE OF ENDORSEMENTS Endt . No 1. 2. 3.
Form No . CC1E15 LC57 Bi3 CC1E15
Description Schedu~e of Named Insureds
Interim P remium Payme n t Endo rsement Cance7.Qation By Us
This declaration and the coverage form(s) and endorsements, if any, listed above and attached, completes the above numbered policy.
During the last three years no insurer has cancelled insurance issued to the named insured similar to this insurance, unless otherwise stated in this policy .
r
Case 1:10-cv-02162-WSD Document 1-1 Filed 07/13/10 Page 3 of 67
SCHEDULE
FORM S AND ENDORSEMENTS
N :jrncJ Insured I 1olicy Symbol
Racetrac Petrole um , Inc . P ol icy Number Pu fi cy Period
Gtdnfscmcnl iVumM:r (Page 2 of 2)
XSL 62059385 4 06/0 /2005 Issued By (Name ol'insin-ance Company) ACE Am erica n Insuranc e Company
to
0 6 / 02 / 2 00 6
06/01/2005
insert the policy number. The remainder of the i nformation is to W completed only when this endorsement is issued subsequent to the preparation of t he poli cy.
Endt . A . 5 . 6. 7. 8 . 9 . 1Q . No Form No . CC lE 15 XSbw30 XS6W31 XS6W24A XS609225 XS6W35 XS 6W34 LD15284 LD15270 IL00210509 CG290$1093 TR1 6537 Description Amendment Of Cancellation Provisions Interest (s) Additional Insured - Managers or Lessors of Premises Additional Insured - Vendors Employee Benefits Liability Coverage Loss Adjustment Expense Within Limits Pollution Exclusion - Hostile Us Fire Exception To - Notice To Additional
Wai ver of Transfer of Rights of Recovery Against Others MTBE Exclusion S i lica, Dust and Particulate Matter Exclusion
11 . 12 . 13 . 14. 15 .
Nuclear Energy Liabil i ty Exclusion Endorsement (Broad Form) Liquor Liability
Conditional Limi tation of Coverage For Terrorism On An Annual, Aggregate Basis (Relating To Disposition of Federal Terror
16 . 17 .
CG00621202 ALL16541
War Liability Exclusion
Disclosure of Premiumand Estimated Prem i um For Certified Acts of Terrorism Coverage (Pursuant to Terrorism Risk Insur an
18 . 19 . 20 . 21 . 22 . 23 . 24 . 25 . 26 . 27 . 28 . 29 . 30 . 31 .
CG02200398 TL02620702 CG O 1250897 CGOI180395 CG28150897 IL02770301 i Lo2sza9Q o IL02690900 IL02490899 IL02506900 CG01031000 TLd1560101 IL02750702 IL01 3 8 0 199
Florida Changes - Cancellation and Nonrenewal Georgia Changes - Cancellation and Nonrenewal Louis ana Changes - Insuring Agreement
Louis ~ana Changes - Legal Action Against Us I,ouiss~ ana Changes - Insuring Agreement Louisiana Changes -- Cancellation and Nonrenewal Missi :j sippi Changes - Cancellation and Nonrenewal North ' Carolina Changes - Cancellation and Nonrenewal South ' Carolina Changes - Cancellation and Nonrenewal 'I'enne6 s e e Changes - Cancellat i on and Nonrenewal Texas Changes
Texas Changes - Duties Texas Changes - Cancellation and Nonrenewal Provisions For Casualty Lines and Commercial Package Policies Virginia Changes
. ,t CC- I #;1 5 Ptd . In U . S.A.
Case 1:10-cv-02162-WSD Document 1-1
POLICY NUMBER : XSL G20593854
Filed 07/13/10 Page 4 of 67
Excess Commercial General Liability Policy
ace usa
Va rious provisions i n this pol i cy restri ct what is and is not covered . Th roughout this po l icy the words "you" and other person or organization qualifying as a the company providi n g this i nsurance Read t h e entire policy careful l y to determine rights, duties and refer to the Named Insured sh own i n the Declarations, and any Insured under this policy . The words "we", "us" and "our" refer to
The word "insured" means any person or organization qua li f ying as such under SECTION It . WHO IS AN INSURED Other words and phrases that appear in quototion marks have special meaning . Refer to SECTION V . DEFIN I TION SECTION 1 - COVERAGES COVERAGE A . BODILY INJURY AND PROPERTY DAMAGE LIABILITY
1.
Insuring Agreem e nt.
a . We will pay the insured for the "ulti ate net loss" in excess of the "retained IirniY' shown in the Declarations that the insured becomes legally obligated to pay as damages because of "bodily injury" or "property damage" to which this insurance applies . No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under DE F ENS E , INVESTIGATION, SETTLEMENT, ---, LEGAL EXPENSES, AND INTEREST ON JUDGMENTS . But the amount we will pay for the "ultimate net loss" because of damages is limited s described in LIMITS OF INSURANCE (SECTION ill) .
b. This insurance applies to "bodily injury" an d "property damage" only if : ( 1 ) The "bodily i njury" or "property damage" is caused by an "occurrence" that takes place i n the "coverage territory" ; ', (2) The " bod i l y i nju ry" or "property d O inage " occurs duri ng the pol i cy period ; and
{3) P rior to t he pol icy period, no in red l ist ed under P aragraph 1 . of Sectio n EI - Who Is An Insured and no "employee' auth orized by you to g ive or receive not ice of an "occ u r rence" or clai m , knew that the "bodily inj ury' or "property da mage" h occu r red, in whole or i n part, I f such a listed insured or authorized "employee" knew, pri o r to the p licy p eriod, that the "bodil y inj u ry" or "property d amage" occurred, t hen any con t inuation, change or resumption o f such "bodily inju r y" or " property damage" during or after the pol icy period will be deemed to eve been known prior to the policy per io d . "Bodily injury" or "property dam le" which occurs duri ng the pol i cy peri od and was not, prior to the po l icy period, known to have occurn by any insured listed under Paragraph 1 . of Section I ! - Who Is An I ns u red or any "em p loyee" al. or ized by you to giv e o r rece i ve no t ice of an "occurrence" or claim, includes any cont i n u ation, char or resumption of that "bodily injury' or "property damage" after the end of the policy period . d. "Bodily injury" or "property dam e" will be deemed to have been known to have occurred at the earliest time when any insured listed u der Paragraph 1 . of Section 11 - Who Is An Insured or any "employee ' authorized by you to give or receive notice of an "occurrence" or claim :
(1) Reports all, or any part , of the "bodily injury" or "property damage" to us or any other insurer ; (2) Receives a written or ~erbal dement or claim for damages because of the "bod ily i njury" or d "property damage" ; or ', '~ ..~
( 3) Becomes aware by any otf~er means that "bodily i njury" or "property damage" has occurred or has begun to occur . ',
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Case 1:10-cv-02162-WSD Document 1-1
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e . Damages be cause of " bodily inj~ry° include damages c l aimed by any person or orga nization for care , los s of servi ces or death resulting at an time from the " bodily injury" . 2. Exclu s i o n s . This insurance does not apply to : a. Expec t e d or Inte n d ed Injury "Bod i ly injury" or "property dam does not apply to "bodily i nj u ry" b . Contractual Liability . "Bodily i nj ury" o r "property dal assumption of liability in a con' '" for which the insured is obligated to pay damages by reason of the or agreement. This exclusion does not apply to liability for damages : expected or intended from the standpoint of the insured . This exclus i on ting from t he use of reasonable force to protect persons or pro perty .
(1) That th e insured woul d have in 'the absence o f the con tract or agreement ; or (2) Assumed in a contract or agreement that is an "insured contract" provided the "bodily injury" or "property damage" occurs subsequent to the execution of the contract or agreement . Solely for the purposes of liability assumed in an "insured contract', reasonable attorney fees and necessary litigation expenses incurred by or for a party other than an insured are deemed to be damages because of "bodily injury" or "property damage", provided : (a) Liability to such party for, or for the cost of, that party's defense has also been assumed in the same "insured contract" ; and
(b) Such attorney fees and litigation expenses are for defense of that party against a civil or alternative dispute resolution proceeding in which damages to which this insurance applies are alleged . c . Liquor L i abil ity .
"Bodily inj ury" or "property daRlage" fo r which any ins u red may be h e ld l iab le by reason of (1) Causing or contributing to the intoxica tion of a n y p erso n ; (2) T he furnishing of alcoholic beverages to a person u n der the lega l drinking age or under the i nfluence.-e of a lcohol ; or (3) Any sta t ute, ord inance or regulation relating to the sale, gift, distr i butio n or use of alcoholic beverages .
This exclusion applies only if you are in the business of manufacturing, distributing, selling, serving or furnishing alcoholic beverages d . Workers Compensation and !Similar Laws . Any obligation of the insureq under a workers compensation, disability benefits or unemployment compensation law or any similar law .
e. Employers L i ab i lity . "Bodily injury" to ( 1 ) An "employee" of the insured arising out of and in the course of : (a) Employment by the insured ; or
(b) Performing duties related to the conduct of the insured's business ; (2) The spouse, child , parent, brother o r sister of that " employee" as a consequence of (1) above . This exclusion applies : (1) Whether the insured may t~ e liable as an employer or i n any other capacity; and
( 2) To any obligation to share l, damages with or repay someone else who must pay damages because of the injury . E
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This exc l usion does not apply
liability assumed by the insured under an "insured contract" .
loss, liability or legal obligation arising out of or in any way related to
f . Pollution .
~, . . j Any injury, damage, expense, "pollution", however caused . g. Airc raft, Auto or Wa te rcraft. "Bodily injury" or "property damage" arising out of the ownership, maintenance, use or entrustment to others of any aircraft, "auto" or atercraft owned or operated by or rented or loaned to any insured . Use includes operation and "loading r unloading" . This exclusion applies even if tll~e claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "property damage" involved the ownership, maintenance, use or entrustment to others of any ~ircraft, "auto" or watercraft that is owned or operated by or rented or loaned to any insured . This exclusion does not apply td : (1 ) A watercraft while ashore on premises you own or rent ; (2) A watercraft you do not owni that is : (a) Less than 5'1 feet long : end (b ) Not being used to carry persons or property for a charge ; (3) Parking an "auto" on, or on l the ways next to, premises you own or rent, provided the "auto" is not owned by or rented or loaned to you or t he insured ; (4) Liability assumed under any "insured contract" for the ownership, maintenance or use of aircraft or watercraft ; or (5) "Bod i ly injury" or "property damage" arisi ng out of the operation of any of the equipment listed i n paragraph f.(2) or f.(3 ) of the definiti on of "mobile equ i pment" .
h . Mobile E quipm e nt.
"Bodily injury" or "property damage" arising out of : (1) The transportation of "mobile equipment" by an "auto" owned or operated by or rented or loaned to any insured: or (2) The use of "mobile equipmdnY" in, or while in practice for, or while being prepared for, a prearranged racing, speed or demolition 6orttest or in any stunting activity .
L
War.
"Bodily injury" or "property damage" due to war, whether or not declared, or any act or condition incident to war. War includes civil war, insurrection, rebellion or revolution . This exclusion applies only to liability assumed under a contract or agreement .
j.
Damage to Prop erty. " P roperty damage" to :
(1) Property you own, rent or occupy, including any costs or expenses incurred by you, or any other person, organization or entity, for repair, replacement, enhancement, restoration or maintenance of such property for any reason, including prevention of injury to a person or damage to another's property :
(2) Premises you sell, give away or abandon, if the "property damage" arises out of any part of those premises ; (3) Property loaned to you ; (4) Personal property in the care, custody or control of the insured ;
X5-6U91c (07/02)
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Case 1:10-cv-02162-WSD Document 1-1
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(5) That particular part of real property on which you or any contractors or subcontractors working directly or indirectly on your behalf are performing operations, if the "property damage" arises out of those operations ; or
(6) That particular part of any p was incorrectly performed o it . that m ust be restored, repaired or replaced because "your work")
Paragraphs (1), (3) and (4) oft is exclusion do not apply to "property damage" (other than damage by fire) to premises, including the contents of such premises, rented to you for a period of 7 or fewer consecutive days . A separate i mit of insurance applies to Damage To Premises Rented To You as described in Section Ill - LIMITS OF INSURANCE . Paragraph (2) of this exclus ion does not appl y i f th e premises are "your work" and were never occupied, rented or he l d for ren t al by you . '
Paragraph s (3) , (4), ( 5) and (6) of this exclusion do not apply to liabi l ity assume d under a side track agreement .
Paragraph (6) of this exc l usion does not apply to "property d amage" included in the "products-comple ted operat ions hazard" . k. Damage to Your Product .
"Property damage" t o "your product" arising ou t of it or any part of it.
i.
Damage to Your Work . "Property damage" to "your work" arising out of i t or any part of it and included in the "productscompleted operations hazard" . This exclusion does not apply If the damaged work or the work out of which the damage arises was performed on your behalf by a subcontractor .
m . Damage to Impaired Property or Property Not Physically Injured .
"Property damage " to "impaired '~ property" or property that has not been physically i njured, arising out of : (1) A defect, deficiency , i nadequacy or dangerous condition in "your product" or "your work" ; or
(2) A delay or failure by you 6 r anyone acting o n your behalf to perform a contract or agreement i n accordance with its terms . This exclusion does not apply t Jo the loss of use of other property ar ising out of sudden and accidental physical injury to "your product"f or "your work" after it has been put to i ts intended use. n Recall of Products, Work or Impaired Property .
Damages claimed for any loss, host or expense incurred by you or others for the loss of use , withdrawal, recall , inspection , repair , rep iac men#, adjustment, removal or disposal of: o
. (1) . Your product ., ;
(2) "Your work" ; or (3) "Impaired property" ;
if such product, work, or properly is withdrawn or recalled from the market or from use by any person or organization because of a lcnov~n or suspected defect, deficiency, inadequacy or dangerous condition in it . o . Personal And Advertising Injury
'Bodily injury" arising out of "personal and advertising injury' . p . Asbestos . Any loss, demand, claim or "suit" arising out of or related in any way to asbestos or asbestos-containing materials . . ~_
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q. Lead.
Any injury , damage, expense , of or in any way related to substances . r. Employment Related "Bodily injury" to : (1) A person arising out of any : (a ) Refusa l to employ that person ; (b) Termination of that person's employment ; or ( c) Employment-related practices, policies, acts or omissions, such as coercion, demotio n , evaluation, reassignmen t, discipl ine, defamation, harassment, humil iation or discrimi n ation d irec ted a t th a t person ; or (2) The spouse, child, parent, brother or sister of that person as a consequence of "bod il y injury" to that person at whom any of the employment-related practices described in paragrap h s (a), (b) or (c ) above is directed . loss, liability or legal obligation arising out of or allegedly arising out toxic properties of lead or lead-containing products, materials or
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 .
s.
N uc l ea r En ergy . "Bodily injury" or "property damage" :
(1) With respect to wh i ch an insured under the policy is also an insure d u nder a n uclear energy l ia b ility policy iss u ed by N uclear Energy Liab i lity I nsurance Association , M utua l Atomic Energy Liability Underwriters, Nuclear Insurance Association of Canada, or any of their successors, or would be an insured u nder any such poky but for its termination upon exhaus tion of its limit of liability ; or
(2) Resulting from the "hazardous properties" of "nuclear material" and with respect to which : (a) any person or organization is required to maintain financial protection pursuant to the Atomic Energy Act of 1954, or any law amendatory thereof ; or
(b ) the insured is, or had this policy not been issued would be, entitled to indemnity from the United States of America, or any agency thereof, under any agreement entered into by the United States of America, or arty agency thereof, with any person or organization .
(3) R esul ti ng from t he "hazardous properties" of "nuc l ear ma t erial", if:
(a) The "nuclear material" ( ' 1) is at any "nuclear fac i lity " owned by, operated by or on behalf of, an insured , or (2) has been :' discharged or dispersed therefrom ;
(b) The "nuclear materia l " i s contained in spent fue l or waste at any time d i sposed, handled , used, processed , stored, tran sported or d i sposed of, by or on behalf of an insured ; or
(c) The "bodily injury' or "property damage" arises out of the furn i sh ing by an insured of seNices , materials, parts or equipment in connection with the p l anning, construction , maintenance , operation or use of any ' nuclear facility", but if such faci lity is located with i n the United States of America, its territories or possessions, this exclus i on (3)(c) applies only to "property damage " to such " nuclear facilit y' and any property thereat .
(4) As used in this exclus i on :
(a) "Hazardous properties" include radioactive, toxic, or explosive properties ; (b) "Nuclear material" means "source material", "special nuclear material", or "by-product material" ; (c) "Source material", "sped ial nuclear material", and "by-product material" have the meanings given them in the Atomic Energy Act of 1954 or in any law amendatory thereof ;
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(d) "Spent fuel" means any fuel element or fuel componen t , solid or l i quid, which has bee n used or exposed to radia tion in "nuc l ear reactor ; (e) "1lVaste" means an y wa to m aterial (1) containi n g " by - p roduct material" ot h er than th e tai l ings or _ --, wastes pro d uced by t e extrac t ion or concentration of uranium or thorium from any ore ; processed primarily for is "source ma terial" content, and (2) resulting fr om the operation by a n y person or organization of any nucl ear f acility included under the f irst two paragraphs of the de f init i on of nucl ear facility-, (f ) "Nucl ear facility" means (1) Any "nuclear reacto
(2) Any equipment or device designed or used for (a) separating the isotopes of uranium or plutonium, (b) processing or utilizing "spent fuel", or (c) handling, processing or packaging "waste";
(3) Any equipment or device used for the processing, fabricating or alloying of "special nuclear material" if at any time the total amount of such material in the custody of the insured at the premises where such equipment or device is located consists of or contains more than 25 grams of plutonium or uranium 233 or any combination thereof, or more than 250 grams of uranium 235 ; (4 ) Any structure, basin, excavation, premises, or place prepared or used for the storage or disposal of "waste" : and (5) The site on which any of the foregoing is located, all operations conducted on such site and all premises used fdr such operations .
( g ) "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 ; (h) "Property damage" inclodes all forms of radioactive contamination of property . Exclusions c . through n . d o not apply to damage by fire to premises while rented to you or temporarilyy occupi ed by you w ith permission of the owner . A separate l i mit of insurance applies to this coverage a_---4 described in SECTION III , LIMITS OF INSURANCE COV E RAGE S . PE RSO N A L AND ADVERTISING I N J U RY LI A B ILITY 1. Ins uri ng Agreement a . We will pay the insured for the "ultimate net loss" in excess of the "retained limit" shown in the Declarations that the insured becomes legally obligated to pay as damages because of "personal and advertising injury" to which this insurance applies . No other obligation or liability to pay sums or perform acts or services is cdvered unless explicitly provided for under DEFENSE, INVESTIGATION, SETTLEMENT, LEGAL EXPENSES AND INTEREST ON JUDGMENTS . But the amount we will pay for the "ultimate net loss" because of damages is limited as described in SECTION III LIMITS OF INSURANCE . b . Th i s insurance applies to "personal and advert i sing injury" caused by an offense arising out of your business but only i f the offense was comm itted in the " coverage territory" during the po l icy peri od .
2. Exclusi ons .
This insurance does not apply to : a . Knowing Violation Of Rights O f Another "Personal and advertising injury" caused by or at the direction of the insured with the knowledge that the act would violate the rights of another and would inflict "personal and advertising injury . b. Material Published With Knobledge OF Falsity "Personal and advertising injur{ arising out of oral or written publication of material, if done by or at the direction of the insured with kndwledge of its falsity .
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c.
Mater ial P ubl i shed Prio r To Policy P eri od "Personas and advertising inju~y" arising out of oral or written publication of material whose first publication took place before th beginning of the policy period .
d.
Criminal A cts "Personal and advertising insured . arising out of a criminal act committed by or at the direction of the
e . Contrac tual Liabil ity "Personal and advertising injury" for which t he insured has assume d liability in a contract or agreemen t . This exclusion does not apply tci liability for damages that the insured would have in the abse n ce of the contract or agreement . f. Bre a c h Of Co ntr ac t "Personal and advertising injury arising out of a breach o f contract, except an implied contract to use another's a dvertis i ng ide a i n you r "advertisement" . g. Qu a lity Or P e rforman ce Of Gobds - Failure To Conform To Statement s "Personal and advertising injury" arising out of the failure of goods, products or services to conform wit h any statement of qua lity or performance made i n yo u r "advertisement" . h . Wrong Description Of Pri ce s "Personal and advertising injury" arising out of the wrong descript ion of the price of goods, products or services stated in your "advertisoment" . i . Infri ng ement Of C o pyr ight, Patent , Trademark Or Trade S ecret
"Personal and advertising injury" arising out of the infringement of copyright, patent, trademark, trade secret or other intellectual property rights . However, this exclusion does nc4 apply to infringement, in your "advertisement", of copyright, trade dress or slogan . j. Insureds In Media And Interned Type Business
" Pers onal and a dv e rtisi ng injury ' committed by an insured whose busi ness is : ( 9) Advertising, broadcasting, publishing or telecasting ;
( 2 ) Designing or determining content of web-sites for others ; and (3 ) An Internet search, access, content or service prov i der .
_
.ry
Howeve r , this exc l usio n does not apply to Paragraphs 14a ., b ., and c. of "personal and advertis i ng injury" under t h e D efini tions Section .
For the purposes of this exclusion, the placing of frames, borders or links, or advert i sing, for you or others anywhere on the Internet, is not by itself, considered t h e business of advertising, broadcasting, publishing or telecasting . ~~ . k. El e ctronic Chatrooms Or Bulletin Boards "Persona l and advertis i ng injury",arising o u t of an electronic chatroom o r bulletin board the insured hosts, owns, or over which the insured exercises contro l . [ . Unauthorized Use Of Another's Name Or Product
"Personal and advertising injury" prising out of the unauthorized use of another's name or product in your e-mail address, domain name or metatag, or any other similar tactics to mislead anothers potential customers . m . Pollution ~ , "Personal and advertising injury arising out of any injury, damage, expense, cost, loss, liability or legal ~ obligation arising out of or in any' way related to "pollution", however caused ;
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n . As b estos "Personal and advertising inj in any way to asbes t os or as o . Employ ment-Related "Personal and advertising injury to a person arising out of any : (a) arising o ut of any loss, demand, cla i m, or "suit" arising out of or related ros-conta ining materials-, or
(i) Refusal to employ that person ;
(i i) Termination of that pedson'S employment ; or (iii) Employmen t-related practices, po l icies, a cts or om issions, such a s coercion, demoti on, evaluation, reassignnlent, discipline, defamation, harassment, humi li ation or discrimination directed at that perso n ; or ( b ) To the spouse, child, pareht, bro t her or sister of that person as a consequence of "personal injury" to that person at whom any of the em ployment-related practices described in paragra phs ( i ), ( i i) or (iii) above is directed .
This exclusion app l ies : • ( a) Whether the insured may be l i ab le as an employer or i n any other capacity ; and (b) To any ob li gation to share damages with or repay someone e lse who must pay damages because of the injury .
DE FENS E, INVESTI G ATION , S ET`TLEMENT, LEGAL EXPENSES, AND INTEREST ON JUDGMENTS 1 . Defense, In v estigation , Settlement, Legal Expenses, and Prejudgme nt Int erest
This insurance does not apply to defense, investigation, settlement or legal expenses, or prejudgment interest arising out of any "occu~'rence" or offense, but we shall have the right and opportunity to assume from the insured the defense and control of any claim or "suit", including any appeal from a judgment, seeking payment of damages ~avered under this policy that we believe likely to exceed the "retained" limit" . In such event we and th insured shall cooperate fully . 2 . Interest on Judgments We shall pay interest only on l, t h at amount of any j udgment we pay that accrues after entry of the j udgment and before we have la i d, offered to pay, or deposited in court that part of the judgment that is within the applicable li mit of insurance shown in the Declarations . SE C TION IL - WHO IS AN INSURE
1 . If you are designated in the pedlarations as :
a. b. C.
An individual, you and your, spouse are ins€~reds, but only with respect to the conduct of a business of which you are the sole o+~ner . A partnership or joint venture, you are an insured . Your members, your partners, and their spouses are also insureds, but only V(h respect to the conduct of your business . A limited liability company' you are an insured . Your members are also insureds, but only with respect to the conduct of y~ur business . Your managers are insureds, but only with respect to their duties as your managers .
insured . Your "executive officers" and directors are insureds, but only with respect to their duties as your officers or directors . Your stockholders are also insureds, but only with respect to their liability as stockholders,
d . An organization other than' a partnership or joint venture or limited liability company, you are an
e . A trust, you are an insured~ Your trustees are also insured, but only with respect to their duties as(trustees,
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2 . Each of the fo llowing is a l so an
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a. Your "employees", other tha either your "executive officers", (if you are an organization other than a partnership, joint venture or limited liability company) or your managers (if you are a limited liability company), but only for acts within the scope of their employment by you or while performing duties related to the conduct of Your business . However, none of these "employees," is an insured for : (1) "Bodily inj ury" or "personal and advertis in g injury" : (a) To you, to your pa Hers or members (if you are a partnership or joint venture), to your members (if you a e a limsted liability company), or to a ca= employee" while that co"emplpyee° is either in the course of his or her employment or performing duties related to the conduct of your usiness :
J b ) To the spouse, chip, parent, brother or sister of that cc-"employee" as a consequence of paragraph (1)(a) above ;
(c ) For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in paragraphs (1) faF or (b) above ; or
(d) Arising out of his or her providing or failing to provide professional health care services .
(2) "Property damage" to property : (a) Owned or occupied by, (b) Rented to, in the Care, custody or control of, or over which physical control is be i ng exercised for any purpose by you, any of your "employees" any partner or member (If you are a partnership or joint venture), or any member (if you a rt e a limited liabil i ty company) . b. Any person (other than your "employee"), or any organization while acting as your real estate manager .
c. Any person or organization having proper temporary custody of your property if you die , but only : ( 1 ) With respect to liability arising out of the maintenance or use of that property; and
(2) Until your l ega l representative has been appo i n ted . d. Your legal representative if ~ ou d ie , but only wit h respect to d u t i es as suc h . That representat ive will have all your rights and dut i es under thi s Policy .
3.
With respect to "mobile eq u ipm lent" registered in your name under any motor vehicle regist ration law , any person i s an i nsured while driving such equipment a long a public h i ghway wi t h your permission . Any other pe rson or organization responsible for the conduct o f such person is al s o an insured , but only with respect to li abil ity aris i ng out o f the operation of t he equipment , and only i f no other insurance of any kind i s avail able to that person or drganization for this 4iab ility . However, no person or organizat i on i s an insured with respect toy a . "Bodily injury" to a co"empicpyee" of the person driving the equipment ; or b . "Property damage" to property owned by, rented to, in the charge of or occupied by you or the employer of any person who is an insured under this provision .
4 . Any organization you newly acquire or form, other than a partnership, joint venture or limited liability company, and over which you Maintain ownership or majority interest, will qualify as a Named Insured if there is no other similar insurange available to that organization . However :
a . Coverage under this prov'Oon is afforded only until the 180th day after you acquire or form the organization or the end of the policy period, whichever is earlier ; b. Coverage A does not apply to "bodily injury" or "property damage" that occurred before you acquired or formed the organization ; end c . Coverage B does not apply o "personal injury" or "advertising injury" arising out of an offense committed before you acqui d or formed the organization . No person or organization is an ins red with respect to the conduct of any current or past partnership, joint venture or limited liability company t at is not shown as a Named Insured in the Declarations .
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SECTION III - LIMITS OF IN
CE AND RE TAINED LIMIT
1 . The Limits of Insurance shown n the Declarations and the rules below fix the most we will pay for the,"ultimate net loss" in excess of t e "retained limit" regardless of the number of :
a . Insureds ;
b . Claims made or "suits" brow ht ; or c . Persons or organizations m ping claims or bringing "suits" .
2 . The Genera[ Aggregate Limit is the most we will pay for the sum of : a. Damages under Coverage A, except damages because of "bodily injury" and "property damage" included in the "prod ucFs-campleted operations hazard" ; and
b . Damages under Coverage EE . 3 . The Products-Completed Operations Aggregate Limit is the most we will pay under Coverage A for damages because of "bodily injury" and "property damage" included in the "products-completed operations hazard" .
4 . Subject to 2 . above, the Personol and Advertising Injury Limit is the most we will pay under Coverage 8 for the "ultimate net loss" in e~¢cess of the "retained limit' for damages because of all "personal and advertising injury" sustained by any one person or organization . 5 . Subject to 2 . or 3 . above, whichever applies, the each Occurrence Limit is the most we will pay under Coverage A for the "ultimate net loss" in excess of the "retained IimiY' for damages because of all "bodily injury" and "property damage" arising out of any one "occurrence" .
6 . Subject to 5 . above, the Dam~ge to Premises Rented To You Limit is the most we will pay under Coverage A for the "ultimate net loss" in excess of the "retained limit" for damages because of "property damage" to any one premises, v~hi#e rented to you, or in the case of damage by fire, while rented to you - , or temporarily occupied by you v~ith permission of the owner.
7.
If the policy aggregate limits, aset forth in 2 . and 3 . above, are paid prior to this policy's termination date, this policy's premium is full earned .
The Limits of Insurance of this po icy apply separately to each consecutive annual period and to any remaining period of less than 12 r~anths, starting with the beginning of the policy period shown in the Declarations, unless the policy period is extended after issuance for an additional period of less than 12 months . In that case, the additional~period will be deemed part of the last preceding period for purposes of determining the Limits of Insurance . SECTION IV - CONDITIONS 1 . Ban kruptcy .
Bankr uptcy or insolvency of the insu r ed or of the i nsured ' s estate will not relieve us of our obligations under this policy .
2 . Duties i n the Event of Uccurre Ohce, Cla im or Suit. a . Notice shall be sent to us as $oon as practicable whenever you have information fro m which you may reasonably conclude that a "occurrence" or offense may result in a claim or claims involv i ng damages which, in the event tha# yvu are held i i a b le, are likely to exceed 50% of the " retained limit' . Failure to g ive notice of any " ccu rrence" which at the time of its happening did not appear to exceed 50% of the " retained limit" but which, at a later date would appear to give rise to a claim under th i s insurance , shall not prejudice such claim . b . You m ust see to it that we are notified of an "occurrence", or an offense which may result in a claim . Notice should include : 'i (1) How, when and where the i "occurrence " or offense took place ; and (2 ) The names and addresse i of any injured persons and any witnesses ; and (3) The nature and location o l~l any injury or damage arising out of the "occurrence" or offense .
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c . If a claim is made or a "suit" is brought against any insured which is likely to involve this insurance, you must notify{ us promptly with a written notice of the claim or "suit" . d . You a n d any other involveo i nsured mus t ; ( 1) I mmed i a tely send use copies of any demands, notices, summonses or lega l documents r e ceived i n con n ecti o~ with the cl aim or "sp it" ; (2 ) Authorize us to obtair records and other information ; (3) Assist us, upon ou organization which n insurance may also a e . You shall make a good fe 3 . Legal Action Against Us . No person or organizat i on his a right under this pol i cy : a . T o jo i n us as a party or otherwise bring us into a "suit" asking for damages from an insured ; or b . To sue us on thi s policy unless all of its terms have been fully complied with . A person or organ ization may sue us to recover on an agreed settlement or on a fi nal judgment agai nst an insured obtained after an actual trial, but we will not be l iable for damages that are not payable under the terms of his policy or that are in excess of the applicable limit of insurance . An agreed settlement means a ', settlement and release of liab i lity signed by us , the insured and the claimant or the cla i mant's legal representative . 4 _ Other Ins u ra nce . If other insurance is available to the i nsured for a loss we cover under this policy, this i nsurance is excess over that ot her i nsurance, unless that insura n ce is written speci fica ll y to ap ply in excess of t h e l i mits of Insurance shown i n the Declarat i ons . When this insurance is excels over other i nsurance, we will pay on l y our share of t he amount of the loss, if any, that e xceed s t he l, s u m of : a . T h e total amoun t th at MI such oth er insurance would pay for t he loss in the absence of this i nsu rance ; b. The total of all deduc ti b l e and self-insured amounts under al l t hat other insurance ; and N othing herein shall be co n strued to make this p o l icy subject to the terms, conditions an d l imita t ions of other insu rance . request, in the enforcement of any rig ht aga inst any perso n or y be liab l e to the i nsured because of i njury or damage to which this evaluation of any claim for settlement purpcases,
5. Premiu m Aud it.
a . We will compute all premiums for this policy in accordance with our rules and rates . b . Premium shown in this policy as advance premium is deposit premium only, At the close of each audit period we ill compute the earned premium for that period . Audit premiums are due and payable on notice to the first Named insured . If the sum of the advance and audit premiums paid for the policy period is greater than the earned premium, we will return the excess to the first Named insured . c . The first Named InsQ :red must keep records of the information we need for premium computation, and send us copies at such times as we may request . 6. Representations .
By accepting this policy , you agree : a . The statements in the Declarations are accurate and complete ; b . Those statements are based upon representations you made to us ; and c . We have issued this policbr in reliance upon your representations .
r
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7. Separation of Insured s .
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Except with respect to the Li duties specifically assigned in
a . As if each Named Insured b . Separately to each I nsured
of Insurance, the application of the "retained limit", and any rights or policy to the first Named Insured, this policy applies:
the only gamed Insured ; and inst whom claim i s made or "suit" is brought . .-~
8 . Transfer of Rights of Recvveo Against Others to Us .
If the insured has r i ghts to rec~ver all or part of any payment we have made under this policy , those rights are transferred to us . ~' h insured must do noth i ng after toss to I mpa i r them . At our request, the insu red will bring "su i t" or transfer those rights to us and help us enforce them . 9. When We Do Not Ren ew . If we decide not to renew this P ol i cy, we will mail or deliver to the first Named Insured shown in the Declarations written notice of t h(t nonrenewal not less than 60 days before the exp i ration date . I f notice is mail ed, proof of mailing will be suffic i ent proof of notice. 10 . Cancellation . a . The first famed I nsured shown i n the Declarations may cancel th is policy by mailing or de l ivering to us advance written notice of ! cancellation . b . We may cancel this policy' by mailing or de l ivering to the first Named I nsu red written notice of cancellation at least: (1) 10 days before the effective date of cance[lakian if we ca n cel for nonpayment of premi um; or (2) 60 d ays before the effective date of can cel lation if we cancel for any ot her reason . c . We may mail or deliver our'i, notice to the first Named Insured's last mailing address known to us .
d . Notice of cancellation will state the effective date of cancellation . The policy period will end on that date .
e . If this policy is canceled, ire will send the first Named Insured any prem i um refund dug . If we cancel, the refund will be p ~o rata . If the first Named Insured cancels, the refund may be less than pro rata . The cancellat i on rlv i il be effective even if we have not made or offered a refund .
~
f. If notice is mailed, proof of rlnailing will be su fficient proof of notice .
91 . Changes .
This policy contains all the agreqmenfs 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 b y endorsement issued by us and made part of this policy . 12 . Examination of Your Books and Records . We may examine and audit your books and records as they relate to th i s policy at any time during the policy period and up to three years afterward . 13 . Inspections and Surveys . We have the right but are not obl igated to : a . Make inspections and surveys at any time ; b . Give you reports on the conditions we find ; and c . Recommend changes . t_ .!
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Any inspections, surveys, r epor s or recommendations relate only to insurability and the premiums to be cha r ged . We do not make safe r 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, This condition applies not only which makes insurance inspec 14 . Prem i ums . The first Named Insured shown in the D e clarations : a . Is responsible for the payment of all premiu ms ; and b . Will be the payee for any rei o rn premiums we pay . 15 . 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 dour legal representative . Until your legal representative is appointed, anyone having proper temporar~ custody of your property will have your rights and duties but only with respect to that property . codes or standards . us, but also to any rating, advisory, rate service or similar organization is, surveys, reports or recommendations .
SECTION V - DEFINITIONS
1 . "Advertisement" means a notice that is broadcast or published to the general public or specific market segments about your goods, products or services for the purpose of attracting customers or supporters .
`_4
a . Notices that are published include material placed on the Internet or on similar electronic means of communication ; and b. Regarding web-sites, only that part of a web-site that is about your goods, products or services for the purposes of attracting customers or supporters is considered an advertisement .
2 . "Auto" means a land motor vehile, trailer or semitrailer designed for travel on public roads, including any attached machinery or equipmer t . But "auto" does not include "mobile equipment" .
3 . "Bodily injury" means bodily injury, sickness or disease sustained by a person, including death resulting from any of these at any time . 4. "Coverage territory" means :
a. The United States of Amefico (including its territories and possessions), Puerto Rico and Canada ; b. International waters or airspce, provided the injury or damage does not occur in the course of travel or transportation to or from any place not included in a . above ; or c . All parts of the world if:
(1) The injury or damage arses out of : (a) Goods or products made or sold by you in the territory described in a . above; or (b) The activities of a p~rson whose home is in the territory described in a . above, but is away for a short time on your business ; and (c) "personal and advertising injury" offenses that take place through the Internet or similar electronic means of communication . (2? The insured's responsibility to pay damages is determined in a "suit" on the merits, in the territory described in a . above or in a settlement we agree to .
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5 . "Employee" includes a " leased 6 . "Executive off i cer" means a constitution, by- laws or any of
"Employee" does not include a "temporary worker" . rson holding any of the officer positions created by your charter, s i m i lar governing document . , 1
7 . "Impaired property" means tan able property, other than "your product' or "your work", that cannot be used or is less useful because : a . It incorporates "your prodi ~ct° or "your work" that is known or thought to be defective, deficient, inadequate or dangerous ; t r b . You have failed to fulfill the terms of a contract or agreement ; if such property can be restored to use by : a . The repair, replacement, adjustment or removal of "your product" or "your work" ; or b. Your fulfilling the terms of tine contract or agreement . 8. " Insured contract" m eans : a . A contract for a lease of promises . However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire to premises while rented to you or temporarily occupied by yo :u with permission of the owner is not an "insured contract" ; b. A sidetrack agreement; c . Any easement or license agreement, except in connection with construction or demolition operations on or within 50 feet of a railroad ; d . An obligation, as required by ordinance, to indemnify a municipality, except in connection with work for a municipality ; e. An elevator maintenance a~reement ; or f . That part of any other contract or agreement pertaining to your business (including an, indemnification of a municipality in connection with work performed for a municipality) under which you assume the tort 4iabilit~of another party to pay for "bodily injury" or "property damage" to a third person or organization . Tory liability means a liability that would be imposed by law in the absence of
any contract or agreement .
Paragraph f . does not incluae that part of any contract or agreement:
(1)
That indemnifies a railroad for "bodily injury" or "property damage" arising out of construction or demolition operations, Within 50 feet of any railroad property and affecting any railroad bridge or trestle, tracks, road beds, tunnel, underpass or crossing ;
(2) That indemnifies an architect, engineer or surveyor for injury or damage arising out of: (a) Preparing, approving or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders, or drawings and specifications or
(b) Giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage; or ( 3) Under which the insur6d, if an architect, engineer or surveyor, assumes liability for injury or
damage arising out of the insured's rendering or failing to render professional services, including those listed in (2) abov6 and supervisory, inspection or engineering services .
9. "Leased worker" means a person leased to you by a labor leasing firm under an agreement between you and the labor leasing firm, to perform duties related to the conduct of your business . "Leased worker" does not include a "temporary worker" . 10 . "Loading or unloading" means tie handling of property :
a . After it is moved from the pi~ace where it is accepted for movement into or onto an aircraft, watercraf~'t
or "auto" ; or
l L ._ ~
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b. While it is in or on an c . While it is being moved
wa t ercraft or "auto" ; or an aircraft, watercraft or "auto" to the place where it is fina l ly de livered ;
but "loading and unloading" does not include the movement of property by m eans of a mechan ical devi ce , other than a hand tru ck, tha t is not attached to the aircraft, watercraft or "auto" . 11 . "Mob i le equipment" means any or equipment : a. f the following types of land vehicles, including any attached machinery
Bulldozers, farm machinery , forklifts and other veh icles designed for use principally off public roads,
b . Vehicles maintained for u se l solely on or next to premises you own or rent-, c . Vehicles that travel on crawler treads ; cE. Veh icles, whether self-prcipelled or not, maintained primar ily to prov i de mobility to permanently mounted : (1) Power cranes, shovels, loaders, diggers or drills ; or (2) Road construc t ion or resurfacing equipment such as graders, scrapers or rol le rs ;
e . Vehicles not described in p ., b ., c . or d . above that are not self-propelled and are maintained primarily to provide mobility to permanently attached equipment of the following types :
(1) Air compressors, pumps and generators, including spraying, welding, building cleaning, geophysical explorafionj lighting and well servicing equipment ; or
(2) Cherry pickers and simillar devices used to raise or lower workers ; L Vehicles not described in 4 ., b ., c . or d. above maintained primarily for purposes other than the transportation of persons or cargo .
However, self-propelled vehicles with the following types of permanently attached equipment are not "mobile equipment" but will be considered "autos" :
t ,7
(1) Equipment designed pri?narily for.
(a) Snow removal ;
(b) Road maintenance, flit not construction or resurfaci n g ; or (c) Street cleaning ; (2) Cherry p ickers and sim i lar devices mounted on automobile or truck chass i s and used to raise or lower workers ; and
(3) Air compressors, pum ps and generators, i nclud ing sprayi ng, w e lding, building cleaning, geophysical exploration,, lighting and well servicing equipment . 12. "Occurrence" means an accident, including continuous or repeated exposure to substant i ally the same general harmful cond i tion s . 13. "Personal and advertising injury" rn eans inj ury, including consequential "bodily i njury", ar i sing out of one or more of the following offenses : a. False arrest, detention or imprisonment-, B . Malicious prosecution ;
C. d. e. f. J•
The wrongful eviction from , 'I wrongful entry into, or invasion of the right of private occupancy of a room, dwelling or premises tha# a person occupies by or o n behalf of its owner , landlord or lessor ; Oral or written publication ofimaterial that slanders or l i bels a person or organization or disparages a person's or organization's goads, products or services ; or Oral or written publication of 6 aterial that v i olates a person's right of privacy ; The use of another' s advert is i ng idea in your "advertisement"; or Infring i ng upon another's copyright, - trade dress or slogan in your "advertisement" .
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14 . "Pol lution" includes t h e act ual, Ileged or potential presence in or introduction in t o the environment of any substance if such substance has, or is a l leged to have, the effect of making the environment impure, harmful, or dangerous . Environment includes any air, land, structure or the a ir t herein, watercourse or water, including underground water .
15 . "Products-completed operation hazar d "
a . Includes all "bodily injury" a~d "property d a mage" occurring away from premises you own or rent and ar ising out of "your producY or "yo u r work" except: ( 1) Prod u cts that are still in your physical possession; or (2) Work that has not yet been co mp leted or abandoned . However, "your work" wil l be deemed comp l eted at the earliest of t h e followin g t i mes : (a) When all of thee work called f or in your contract has been completed . (b) When all of the work to be done a t the site has been completed if your contrac t calls for work a t more than one side . ( c ) When that part of the work done a t a job site has been put to its inte n ded use by any person or organization other than another contrac tor or subcontractor worki n g on the same proj ect . Work that may need service, main tenance, correction, repair or replacement, but which is ot h erwise complete, willl be treated as completed .
b . Does not include "bodily injury" or "property damage" arising out of :
(1) The transportation of property, unless the injury or damage arises out of a condition in or on a vehicle not owned or operated by you, and that condition was created by the "loading or unloading" of that vehicle by any insured ;
(2) The existence of tools, t~ninstalled equipment or abandoned or unused materials ; or (3) Products or operations ' for which the classification, listed in the Declarations or in a policy schedule, states that products or completed operations are subj ect to the General Aggregate;- - .~ - -7 Lim i t . 16 . "Property damage " means : a . Physica l injury to tangible property, including all resulting loss of use of that property . AU such loss of use shall be deemed to occur at the time of the physical injury that caused i t ; or
b . Loss of use of tangible property that is not physically injured . All such loss of use shall be deemed to occur at the time of the "occurrence" that caused it.
For the purposes of this insurance, electronic data is not tangible property . As used in this definition, electronic data means information, facts or programs stored as or on, created or used on, or transmitted to ah 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 cont~'olled equipment. 17 . "Retained limit" means the limit indicated as the "retained limit" shown in the Declarations . "Retained limit" does not include prejudgr~ent interest, interest that accrues after entry of the judgment, nor any expenses incurred by the insureki in the defense of any claim or "suit' . 18 . "Suit" means a civi l proceeding i n which damages because of "bodily i njury ", "property damage", "persona l injury" or "adverti sing injury" to which th i s insurance appl i es are alleged . "Suit ' includes : a . An arbitration proceeding ih which such damages are cla i med and to which you must submit or submit with our consent ; or '', b . Any other alternative disptat~ resolution proceed i ng in which such damages are claimed and to wh i ch 11 you submit with our consent s L_ . ., 19 . "Temporary worker" means a p~rson who is furn ished to you to substitute fo r a permanent "employee " on leave or to meet seasonal or hors term workload conditions . XS-6U91c (07/02) Reprinted in part wi~h permission of insurance Services Office , Inc ., 1998 Page 16 of 17
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20 . "Ultimate net loss" means the tot I amount which the insured is legally obligated to pay as damages due to an "occurrence" or offense arising out of covered claims or "suits" either by an adjudication or a settlement to which we agree in riling and includes interest that accrues after entry of the judgment and deductions for recoveries and salvages which have been or will be paid . "Ultimate net loss" does not include any of the expenses incurred by the insured or us in connection with defending the claim or °5U11° .
21 . "Yo u r product " means : a . Any goods or products, other than real property, manufactured, so ld, handled, distributed or d i sposed of by : j I ; (1) You (2) Others trading under your name ; or (3) A person or organization whose business or assets you have acq u ired ; and b. Con t ainers (other than vehicles), materials, p arts or equipment f urnished in connection with such goods or products .
" Y ou r product" i n cludes"
a . Warranties or representa t ions made at any time with respect to the fitness, quality, durab ility, performance or use of "your product" : and b . T h e providing of or failure to provide warnings or instructions . "Your product" does not incl ude vending machines or other property rente d to or located for the use of others but not sold . 22 . "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 : a . Warranties or representations made at any time with respect to the fitness, quality, durability, performance or use of "your work" ; and b . The providing of or failure to provide warnings or instructions .
1
X5-6U91e (07/02) Reprinted in pa rt with permissio n of insurance Services O ff ice, Inc., 1998 Page 17 of 17
Case 1:10-cv-02162-WSD Document 1-1
Filed 07/13/10 Page 21 of 67
SC HED LE O F NAMED
INSTJREDS
Named In sured Race tr a c Pet roleum , . Inc Policy N umber Policy Period Policy Symbol X SL 62 059385 9 06/ Q /2005 Iss u ed By (Nam e of Insurance Company) ACE American Insurance Company
E ndo rsement N umber 1 ( Page 1 of 2 )
to 06/01/2006
Effective D a te of E ndo r se ment 0 6 /0 1 /20 0 5
I nse r t 10e po ficy n umbe r . T h e rem aind er of t he information is to tie compl e ted only when this e n dorsertienl is i ssued subsequent to the p reparati on of th e poli cy .
T HI S E NDORSEME N T CHANGPS THE POLI CY . PLE ASE RE A D IT CARE F U LLY . This endorsemen t modi fies insur ance p r ovided unde r the following : EXCESS C OD7MOCIAL GENER AL LIABILITY PO LICY The Named I ns u red shown in the Declarations is am e nded to read a s follows : RaceTrac Petroleum, Inc . C .B . Propert ies, Inc . Cumberland Environmental Services, ] ; nc . Del Lago Ventures, Inc . Edward Advert i sing Company The Ethanol Corporation Gi n gercrest , Inc . Gulf Coast Terminals, LLC Mesqu i te Creek Development Metroplex Energy, Inc . Metropolitan Foods, Inc . ''-14ountainprize, Inc . Pepperwood, Inc .
Powers Ferry Realty, Inc . RaceTrac Beverage Company RaceTrac Capital, LLC Southern Cornerstone, Inc . Strategic Food All i ance, Inc . Tanglebrook, LLC
Texas City Real Estate Investment Corporat i on Transport South, Inc . Transport South of Virgin i a, Inc . Wholesale South, Inc . Wholesale South Distributing, Inc . Consumer Incentive Programs, Inc .
any o ther organization you newly acquire o r form, other than a partnership oz . j oint venture , and over wh ich you maintain ownership or maj or ity intere s t, provided : a) there is no other s i milar insurance available to that organ i zation ; and b) you notify us o f such acquisit i on not l ater than 6 0 days after the end of the policy period .
Authorized
CG-1 E1 5P td . In U . S .A .
Case 1:10-cv-02162-WSD Document 1-1
Filed 07/13/10 Page 22 of 67
SCHEDULE OF NAME D I NSUREDS
Named Insured
Ra cet rac P e troleum , I ac .
Endo rsem ent Nu m ber
Poli cy Symbol Poli cy Nu m ber Policy Period 0s/C1/2005 to xs~ G205 9 3 8 5 4 Iss u e d By (Name of Insu rance Com pay) n AC E American Insurance Company
06/01/2006
1 (Page 2 o f 2 ) Effe ctive Date of Endors eme n 06/01/2005
Insert the policy n umber. T he remainder of the information i s to completed on ly wh ey thi s end orsement is i ssue d su bseque nt to the p reparati on of the policy .
As respects n ew l y acquired or form ed organizations : 1 . Co verage A does not appl y to "bodi ly in j u ry" o r "property damage" before you acquired o r formed the o r ganization ; a nd that occurred
2 . Covera ge B do e s not appl y to "personal i n jury " or "adv ertising i nj ury " a ri sing out of an offense comm itte d befo re you acqui r ed o r for m ed the o r gan izatio n . No person or orga n ization is an insured wit h respect to the conduct of any current or past joint venture that is not shown as a Named Insured on this schedule .
CC - 1E15 Ptd . In U .S .A .
Case 1:10-cv-02162-WSD Document 1-1
POLI C Y NUMBER : XSL G20593854
Filed 07/13/10 Page 23 of 67
ENDT. #2
INTERIM
,Named Insured Racetrac
IUM PAYMENT ENDORSEMENT
Petroleum, Inc
Endorsement Number 2 Policy Symbol Policy Number Policy Period Effective Date of Fridc XSL G2D593$54 06/01/2005 to 06/01/2006 06/01/2005 Issued By (Name of Insurance Company ACE American Insurance Company
It is hereby agreed that the estimated annual premium for the policy is payable as follows :
Deposit Premium
06/01/2005
Interim Premiums
S. S S
Date Payable
09/01/2005 12/01/2005
as/oi /2oos
REDACTED
Total Estimated Premium
$476,365
It is further agreed that the deposit premium shall be paid upon delivery of the policy and the interim premiums on the indicated dates . Upon 'expiration of the policy the earned premium shall be computed in accordance with the basis of premium as specified in the policy and the deposit premium and interim premiums shall be credited thereto . If the earned premium exceeds the deposit premium plus the interim premiums, the insured shall immediately pay to the company the additional earned premium ; if it be less, the company shall return the difference to the insured but shall, in any event, retain the minimum premium stated in the declarations .
Authorized Agent
f
L C -578d 1173 Pld - in U . S.A .
Case 1:10-cv-02162-WSD Document 1-1
Filed 07/13/10 Page 24 of 67
ION BY US
Named In sured
Racetrac Petroleum, Inc .
Endorsement
Number 3
Policy S ymboV Policy Number P alscy Per ioc XS L 62 0 593 85 9 0 6/ i1/2005 to issued By (Name of I ns urance C o m p a ny) ACE Amer i c an Insurance Compa ny
Efiecfive Date of Endorsemen 06/0 1 /2006 06/01/2005
Insert the policy number . The remainder of ills in formation is lc e completed only when this endorsement is issued subsequent to t he preparation of the policy .
THIS
ENDORSEMENT CEiAD1G B S
THE PO L ICY .
PLEASE READ IT CAREFULLY . the following-
Th is endorsement modifries
insur an c e pr o v i ded under
EXCESS CONfHERCIAL GENERAL LIABILI TY POLICY
Paragraph 10, b, of SECTION IV - CIONDITIONS is replaced by the following : b . We m ay cancel this po li cy my mai l ing or del ivering to the firs t Named Insured wr itten n otice o f cancellation at least : 1. 1 0 days be f or e the effec tive date of cancellation if we cance3l for nonp aymen t of premium ; o r
2 . 90 days before the effective data o f cancellation i f we cancel f or any other reason,
nt
CC-1E15 Md . In U .S .A .
Case 1:10-cv-02162-WSD Document 1-1
Filed 07/13/10 Page 25 of 67
AMENDMENT O F CANC ELLATI ON P ROVISI ONS
-NOTICE TO ADDITIONAL INTERES T( S )
Named Insured Racetrac Petroleum, I c .
Endorsement
Number 4
Policy Symbol Policy Number Policy Period Effective Date of Endorsemen XSL G20593854 06/(1/2005 to 06/01/2006 06/01/2005 Issued By (Name of Insurance Company) ACE American Insurance Company
Insert the policy number. The remainder of the information is to be completed only when this endorsement is issued subsequent to the preparat ion of [lie policy, THIS ENDORSEMENT CHANGES THE POLICY . PLEASE READ IT CAREFULLY .
This endorsement modifies insurance provided under the following : EXCESS COMMERCIAL GENERAL LIABILITY POLICY
SCHEDULE
Number of days advance not i ce :
Name : Fl orida Depar tment of
60
Transportation
Address : P .O . Box 607
Ch ipl ey ,
FL
32428
.~
Author ized
CC - 1 E 15 Md . In U. S . A .
Case 1:10-cv-02162-WSD Document 1-1
POL I C Y NUMBER : XSL G20 593$54
Filed 07/13/10 Page 26 of 67
E N Di ' . #5
ADDITIONAL INSURED 4- MANAGERS OR LESSORS O F PREMISES
14a m ed Insured Racetrac Pe tro leum, Inc . Endorseme n t Nu mber 5
Policy Symbol Policy Number Policy Pe riod XSL 620593854 06/01/204 I ssued B y (Name o f Insuran ce Company) AC E Ame ri can Insurance Compa ny
Effective Date of Endorsement 06/01/2006 06/01/2005 to
Insert the p o licy n u mbe r, The re ma inder of the information is to be t mpleted only when fibs nd orsement is issued subsequent to the preparation of the policy .
THI S ENDORSEMENT CHANGES T HE P O LI C Y. PLEA SE R E AD IT CA R EFULLY . Thi s endorsement modifies ins u ran ce provid e d under the following : EXCESS COMMERCIAL GENERAL LIABILITY P O LICY
S CHEDU L F
Designat ion of Premise s ( P art Lease d to You) ;
Name of Person or Organizat i on (Additional Insured): )aiy Manager or Lessor whom you have agreed to include as an additional i ns u red under a written contract .
WHO IS A N INSURED (Section a1) is amended to include as an insured any person or organ ization shown in the Schedule but only with respect to liability arising out of the ownership, maintenance or use of that part of the premises leased to you and shown in the Schedule and subj ect to the follow i ng additional excl ulsions : This insurance does not apply to-
1. 2.
Any "occurrence " which takes place after you cease to be a tenant in that premises . Structural alterations, new construction or demolition operati ons performed by or on behalf of the person or organization shown in the Schedule .
Au tho rized A gent
XS-fi W30 (09/95) Ptd . i n U .S.A .
Case 1:10-cv-02162-WSD Document 1-1
POLICY NUMBER : XSL G20593854
Filed 07/13/10 Page 27 of 67
ENDT . #6
AD
amed Raa etsa c Petr o leum, Inc .
AL INSURED -VE NDORS
6
XSL
I G205S3854
1 06 / 01/20
to
06/0 1 /2006
06/01/2005
I ssued By ( N a me of Insurance Comp , ACE Ame rican I nsur ance
I n sert t he policy number. Th e remai nder o f th e information is to be
only when this end orse men t i s issue d sub se qu en t to th e preparation of th e policy .
THIS ENDORSEMENT CHA NG ES THE POLICY . PLEASE READ IT CAREFULLY.
This endo rsement modifies insura nce provided under the follo wi ng :
EXCESS COMMERCIAL GENERAL LIABILITY POLICY
SCHEDULE Name of Per son o r Organization (Vendor) : Any vendor wh om y o u have agreed to inc lude a s an
additional insured under a written contract .
Your Produc ts :
WHO I S AN INSURED (Section R I) is amended to include as an i ns ured an y person or organizatio n (referred to b e low as ven dor) s hown in the Sch ed ule but o n ly wit h respec t to "bodily inj ury" o r "property d amage' arising out of "your p r oducts" sho wn i n t he 1-ched u le which are dis t ributed o r sold in the reg u lar course of the vendo r 's business, su bject to the fol lowi n g a d di t ional excl u sions : 1 . T he insurance afforded t he vendor does no t appl y to : a. "B od ily inj ury " or "p rop e rty damage" for whi c h t he ven d or is o bl ig ate d to pay dam ages by reason of the ass um p tion of liabi lity in a contract or agreement . This exclusion does no t a p ply to liabi l ity for damages tha t the vendor would have in the absence of the contract or agreement ; A ny exp ress warr anty unau thorized bbl you ; Any physical or chem ical change in the product made intentionally by the vendor ; Repackaging, unless unpacked solely for the purpose of inspection, demonstration, testing , or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container ;
b. C. d.
Any failure to make such inspections ,', adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business , in connection with the d istribution or sale of the produc ts ; demonstration, installation , servici ng cpr repai r operations, except su ch operations performed at the vendor's premises in connection with the sale of the prod uct ; Products which, after distribution of dale by you , have been labeled or relabeled or used as a conta i ner, part or ingredient of any other thi ng or substance by or for the vendor. 2. This insurance does not apply to any insured person or organization, from whom you have acquired such products, or any ingredient , part or container , entering i n to , accompanying or containi ng such products .
A ut h orize d Age nt
XS-6W 3 1 (09195) Ptd . i n U .S .A.
Case 1:10-cv-02162-WSD Document 1-1
ruin Y N U nnrstrc: xsL U zu5U sU54
Filed 07/13/10 Page 28 of 67
trtu ~ . F r
EMPLOYEE BENEFITS LIABILITY COVERAGE
. Named Insured Racetrac Petroleum, Inc fEndorsement Number 7 Policy XSL SymboE Policy Number Policy Period Effective Date of Endorsement G20593854 06/01/2005 to 06/01/2006 06/01/2005
Issued By (Na me of Insurance Company)
ACE American Insurance Company
THIS ENDORSEMENT CHANCES THE POLICY. PLEASE READ IT CAREFULLY . T h is en dorsement mod ifies insurance provi d ed under the following : EXCESS COMMERCIAL GENERAL LIABILITY POLICY THIS ENDORSEMENT PROVIDES CLAIMS MADE COVERAGE
Schedu l e LIMITS OF INSURANCE Each Claim Limit $ 500,000
Aggregate Limit $ 500,000 Retroactive Da t e 06/01/2004
Q The Year 2000 exclusion below does not apply if this box is checked . E INSURING AGREEMENT
74 We will pay under this endorsement those sums in excess of the "retained limit" shown in the Declarations that the insured becomes legally obligated to pay as damages because of a claim or "suit" brought by any employee, former employee, or their beneficiaries or legal representatives in connection with any error, omission, or breach of duty in the "administration" of your "employee benefits" programs . We have no duty to defend any "suit" seeking those damages, but we shall have the right and opportunity to assume from the insurerd the defense and control of any claim or "suit', including any appeal from a judgment, seeking payment of damages covered under this endorsement that we believe likely to exceed the "retained limit" . But the amount we will pay for damages is limited as described in the Schedule as Limits of Insurance ;
This insurance applies to errors, omissions, breaches of duty, or misstatements only if a claim for damages is first made against any insured during the policy period or any Extended Reporting Period we provide under the paragraph titled Extended Reporting Period . This insurance does not apply to errors, vmis~sions, breaches of duty, or misstatements which occurred before the Retroactive Date shown above, or which occur after the end of the policy period . WHO IS AN INSURED With respect to this endorsement, Section II - Who Is An Insured is modified to include employees only while authorized to act in the "administration" of your "employee benefits" programs . E XCLUSION S Insurance under this endorsement does not apply to any claim or "suit' arising out off : 1 . any dishonest, fraudulent, criminal or malicious act ; 2 . any "bodily injury", "personal injury', "advertising injury", or "property damage" ; 3. any claim for failure of performance of contract by any insurer,
4 . any obligation of the insured under is workers' compensation, disability benefit s or unemployment compensation law or any other similar law ;
':
5 . any alleged wrongful termination or related allegations ; 6. any failure of stock to perform as represented by you ;
7, any advice given by you to your employees to participate or not to participate in stock subscription plans ;
XS -6W24a {O 1/99 } Ptd . i n U .S . A.
Page I of 3
Case 1:10-cv-02162-WSD Document 1-1
Filed 07/13/10 Page 29 of 67
8 . any act u al or a lleged error or omission or breach of duty, comm itte d or alleged t o h ave b een committed by a trustee, in the disch arge of fiduciary d ties, o b ligations or res p onsibiliti es i mposed by the Federal Employee Retirement I ncome Security Act o f 1 97 . 4 or Title X of t he Consolidated Omnibus Budget Reconciliation Act of 'l 985 (Public Law 89-272) o r Section 91, 19 of the Omn i bus Budget Reconciliation Act of 1986 (P ubl ic Law 99- ~ 509) or any amendment to t h ese Acts; ; 9 . any claims or "suits" arising directly or indirectly out of the "Year 2000 computer-related and other electronic problems hazard" . This exclusion also applies to any claim or "suit" seeking damages due to a failure to foresee, address, remedy, warn, fix, a vise or otherwise avoid or mitigate "Year 2000 computer-related and other electronic problems" . However, this exclusion does not apply if the box in the Schedule above is checked .
LIMITS OF INSURANCE The Limits of Insurance shown in the Schedule of this endorsement and the rules below fix the most we wi ll pay for the "ultimate net loss" in excess of the "retained I i miY' regardless of the number of: 1. Insureds ;
2 . Claims made or "suits" brought ; or 3 . Persons or organization making claims or bringing "suits" .
The Aggregate Limit is the most we will pad for the "ultimate net loss" in excess of the "retained limit" because of all damages under this endorsement. Subject to the Aggregate Limit, the Each Claim Limit is the most we will pay for the "ultimate net loss" in excess of the "retained limit" arising out of any one claim or "suit" . The Limits of Insurance apply separately to each consecutive annual period and to any remaining period of less than 12 months, starting with the beginning of the policy period shown in the Declarations, unless the policy period is extended after issuance for an additional period of less than 12 months . In that case, the additional
period will be deemed part of the last preceding period for purposes of determining the Limits of Insurance . ADDITIONAL DEFINITIONS The following add i tional definitions are add o d to Section V - Definitions: A. "Employee benefits" means group life insurance, group accident or health insurance, profit sharing plans, pension plans, employee stock subscription plans, employee travel, vacation, or savings plans, workers' compensation, unemployment insurance, social security and disability benefits insurance, and any similar program.
B . "Administration" means any of the following acts that you do or authorize a person to do : 3 . Counseling employees, other than giving legal advice, on "employee benefits" programs ; 2 . Interpreting your "employee benefits" programs ;
1
3 . Handling records for your "employee benefits" programs ; and 4 . Effecting enrollment, termination or cancellation of employees under your "employee benefits" programs . "Administration" does not include : a. b.
C.
The failure of performance of any contract by any insurer ; The failure of any investment plan to perform as represented by an insured ; The inability of "employee benefit" programs to meet their obligation due to insolvency .
C . "Year 20Q0 compute-related and other electronic problems" means the inability of computer hardware, computer software or microprocessort to recognize, distinguish, interpret, accept or process date or time data (including, but not limited to, Icalculating, comparing, storing, inputting, manipulating, updating, recording, displaying, outputting, trans~tring or sequencing) from, into or between the twentieth and twentyfirst centuries, and the years 1999 and A00 and leap year calculations,
. ._,
XS-6W24a
Page 2 of 3
Case 1:10-cv-02162-WSD Document 1-1
Filed 07/13/10 Page 30 of 67
D . "Ye ar 2000 computer-related and other I elec t ron ic problems hazard" means :
Any actual or a l leged failure, m . a . Any of the follow i ng, whe#f
x
or inadequacy of: belonging to any insured or to others ' utfin g m i croprocessors ;
(1) Computer hardware, (2) Computer app lication (3) Comp uter operating (4) Comp uter networks ; (5)
and related software ;
M icroprocessors (comp~ter chips) n ot part of any computer sys t em; or
(6) Any othe r computerized or electro nic equipment or components ; or b . Any other products, and any services . data or functions that directly or indirectly use or rely on, in any manner, any of the items listed in paragraph a . above . due to any potential or actual "year 2000 computer-related and other electronic problems" . Any advice, consultation, design, oualuation, inspection, installation, maintenance, repair, replacement or supervision provided by or done by you or for you to determine, rectify or test for, any potential or actual. "year 2000 computer-related and other electronic problems" .
EXTENDED REPORTING PERIOD
1 . We wi ll automatically provide an Exte n d0d Reporting Period as described in paragraphs 2 . a nd 3 . be low if: a . This endorsement is cancel led or not tenewecf ; or
b . We renew or replace th i s endorseme n t with insurance that : (1) Has a Retroactive Date later than the date shown on this endorsement ; or
(2) Does not apply to errors, om i ssions , breaches of duty, or misstatements on a cla i ms- made basis . 2 . The Extended Reporting Period does not extend the policy period or change the scope of coverage provided . It appli es only to clai m s for errors , omissions , breaches of duty , or misstatements that occur before the end of the policy period but not before the retroactive Date shown in this endorsement .
Once in effect, the Extended Reporting Period may not be cancelled . 3 . The Extended Reporting Period is automatically provided without additional charge . This period starts with the end of the policy period and lasts for five dears .
The Extended Reporting Period does not apply to claims that are covered under any subsequent insurance you purchase, or that would be covered but for exhaustion of the amount of insurance applicable to such claims .
4 . The Extended Reporting Period does not re i nstate or increase the limits of Insurance .
Author ized Ag ent
X S-6W 2 4a
i
Page 3 of 3
Case 1:10-cv-02162-WSD Document 1-1
POLICY NUMBER : XSL G2d593854
Filed 07/13/10 Page 31 of 67
ENDT . #8
LOSS ADJ
Ra cet rac Pe tr o leu m , Inc . Policy Symbol Policy Number Palicy Per XSL 62059385 9 06/01/2 Issued By (Name of Insurance Company) ACE Am eri can I nsura nce Company
Inseit the policy number. Th
TENT EXPENSE WITHIN LIMITS Endorsement Number 8 Effective Date of Endorsement
5 to 0 6/ 0 1/20 0 5 06/01/2005
01 t he
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY . This endorsement modifies insurance provided under the following :
EXCESS COMMERCIAL GE NERAL LIABILITY POLICY
Section V - Defi nit ions, paragra p h 1 6 . i s rep laced in it s enti rety by t he follow i ng :
16 . " R eta ined Iimi P me an s t he li m it in d icat e d as the "ret ained li m it" shown in t h e Decl arati ons . "Ret aine d limit " doe s n ot i nclude p rejud gm ent int erest , int e rest th at accru es after en try o f t he j udgement n or a ny expenses incu rred by th e insured in the defense of any claim or "su#" except for "loss adjustment expense" . `Loss adjustment expense" sha l l be i nc l u d ed wi thin t he "reta i ne d limit' . Section V -De fi n iti ons, paragraph 1 9 . is repl aced in its en tirety by t he follo w i ng : 19 . "Ultimate net loss" means the total amount which the insured is legally obligated to pay as damages due to an "occurrence" or offense arising out of covered claims or "suits " either by an adjudication or a settlement to wh ich we agree in writing and includes interest fh iat accrues after entry of the j udgement and deductions for recoveries and salvages which have been or will be paip . "Ultimate net loss" does not include any of the expenses incurred by the i nsured or us in connection w ith defendincj the claim or "su i t" except for "loss adjustment expense " .
"Loss adj ustment expense" shall be included within the "ultimate net loss " .
Th e following definition is a dded to Section V - d e fin itions : 22, "Loss adjustment exp ense" means such ¢laim ex penses and costs incurred by t h e insured or by us in conn ection with the investigation, administration, adjustment, settlement or defense of any claim or "suit" to which this policy applies . Such expenses include, but are not limited to, attorneys' fees for claims in suit, court costs and related costs such as filing fees, the . cost of medicsl examination, expert medical or other tes timony, laboratory services and x-rays, autopsies, stenographic services, witnesses and summonses and copies of documents, but will not include th e claims fees of a claims servicing organization, the salaries a nd traveling e x penses of the insured's employees, the insured's overhead, the salaries and traveling expenses of our employees, our overhead or adjusters' fees . Paragraph 1 . of D EFEN S E, IN VESTI GAT IO N, SE TTL EM E N T, L EGAL EXP E NSES , AND INT E R ES T ON JUDG M E NT S COVER AGES A AND B is replaced in its entirety by the following :
1 . Defense, Investigation, Settlement, and Legal Expenses, and Prejudgment interest This policy does not apply to defense, investigafipn, settlement, or legal expenses, other than "loss adjustment expense", or prejudgment interest arising out of any "occurrenc¢" or offense, but we shall have the right and opportunity to assume from the insured the defense and control of any claim or rsuit", including any appeal from a ju dgment, seeking payment of damages covered under this policy that we believe likely to exceed the "retained limit" . In such event we and the insured shall cooperate fully.
Authorized Agent
XS-6092 25 (3197)
Case 1:10-cv-02162-WSD Document 1-1
POL I CY NUMBER : XSL G20593854
Filed 07/13/10 Page 32 of 67
ENDT . #9
POLLUTION EXC LUSION - HOSTILE FIRE EXCEPTION I ' ., .
Tamed In Race trac P et r o l eum , I n c . E ndorse m ent 9
5 to Effective Date of E ndo rse men t 06/01/2006 06/01/2005 policy symbol Policy Number Pol icy Per iod 6205 9 3 8 5 4 0 6/0 1 /2 0 X SL I ss ued 8y (flame of Insu ra nce Company)
ACE Americ an Insurance Co mpa ny
~'
I nsert the policy number . The rema inder of the information is to be completed only when thi s endorsement i s i s sued subs equent to the preparati on of the policy-
TH IS ENDODRSEME N T CHANGES THE POLICY. PLEASE READ IT CAREFULLY .
This endorsement modifies i nsuran c e prov i ded und e r the following :
EXCESS COMMERCIAL GENERAL LIABILITY POLICY
E xclusio n 21 of Section I , Covera g e A i s replaced by the following : f. An y i nj ury, dama ge, expe n se, cost, loss, l iabil ity or l ega l obliga ti o n ari si ng out of or i n a n y way re lated to pollu ti on, however caused . Pollutio n in cl udes the actua l, a lle g ed or pot en tial prese n ce in or i n tro duction into the environment o f any s ubstance if such su bstan c e h as, or is a lle g e d to h ave, the effect of maki ng the en vi ron ment i mp ure, ha rm ful, or dangerous . E n vi ronm ent incl udes any a ir, land, st r u cture or the a i r therein, watercourse or water, inc luding underground wa ter, th i s exclu sion d oes n ot a pply to : "bodily injury"' or "pro perly d a mage" cau sed by heat, smo ke or fu mes from a host i le fire : (1) At or from t he premises you own, re nt or occupy ; or (2) At or from any site or location on w h ich ' you or any o f you r co ntract o rs wor k i n g dire ctl y or i ndirectly on you r behalf are performing operations, if pollutants are brought on or to the site in connection wit h such operations.
A hostile fire means one which becomes uncontrollable or breaks out from where it was intended to be .
Au thorized Agent
., t
XS-6W35 (09/95) P td. in U .S.A .
1
Case 1:10-cv-02162-WSD Document 1-1
POLICY NUM 13E R : XSL G20593854
Filed 07/13/10 Page 33 of 67
ENDT. #10
WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US
Named }nsured Raaetrac Petroleum, Inc . Number 10 Policy Symbol Policy Number Policy Period Effective Date of Endorsement XSL 620593854 106/01/20 05 to 06/01/2006 06/01/2405 Endorsement
Issued By (Name of Insurance Company) ACE American Insurance Company
Insert the policy nu mber. The remainder of the information is to be completed only when Wis endorsement is issued subsequent to the preparation of t h e p olicy. v
TH IS ENDORSEMENT CHANGES THE POLICY . PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following :
EXCESS COMMERCIAL GENERAL LIABILITY POLICY
SCHEDULE Name of Person or Organization : Any person o r organ i zation against '; whom you have agreed, in a written co ntrac t , to wa ive your right of x le covery , prov i ded such cont r act was ex e cuted prior to the date of lo ss ! .
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 ar ising out of your ongoing operations or "your work" done under a contract with that person or organizati on and included in the 'products- completed operations hazard" . shown in the Schedule above . This waiver applies only to the person or organ izat ion
Authorized gent
. . t
XS-M34 (09/95) P td. in U .S,A .
Case 1:10-cv-02162-WSD Document 1-1
POLICY NUMB E R : XSL G20593854
Filed 07/13/10 Page 34 of 67
ENDT. #11
MTBE EXC L USION
Racetrac Petro l eum , Inc .
P ol ic y S ym bol Poli cy N um ber XS L 620 5 93 8 5 4 Issued By (Name of I nsu ra n ce C omp ACE Ameri can Insurance Cc Insert the olio number . Th e remainder of the i
Po lic y P eri c d 06/a l / 2 (05
to 0 6 / 01 / 2 00 6
End or se ment Number 11 Effe ctive Date o f Endorsement 06/01/2005
is to bb completed only when th i s endorsemen t is
to the orenaration of
THIS ENDORSEMENT CHA N G E S THE POLICY . PLEASE READ I T CAREFULLY. Th is endorsement modifies i nsurance provided under the following : COMMERCIAL f; ENERAI LIABILITY COVERAGE PART
This insurance does not apply to any injury, dannage, expense, cost, loss, demand, claim . liability or legal obligation arising out of , res u lti n g from or i n any way relate d t 4 actual, a lleged or thre aten ed di sch arg e, d is p ersa l, se e page , m i gration, re l e ase, escap e, spil l, le ak , handling , sa le ,' d is tribution , manufacture, rem ed iation , di s posa l , mon itoring , best i n g, i nvestigation, treatment, neutralization or detoxification o f M ethyl -Tert iary-Butyl Et her or Methyl-Tert-Butyl E ther (`MTBE") ; or any produ ct , sub sta n ce, or was tes co n t aining) MTBE ; or any da ughte r or degradati on pro du cts of MT BE . The addition of this endorsement does no t i rn~ly t h at other policy provisions, incl uding but not limited to any po llution e x clusion, d o not also exclude cov e rage for MT E related inju ry, da mage, expen se, cos t , loss, liability, or l egal obliga ti on . All o th er terms a nd con dit ions of this po l icy rem ain un changed .
Authorized Representative
Case 1:10-cv-02162-WSD Document 1-1
POLICY NUMBER: XSL G20593854
Filed 07/13/10 Page 35 of 67
ENDT . #12
SILICA, DUST AND PARTICULATE MATTER EXCLUSION
Named Insured Racetrac Petroleum, Inc . Endorsement Number 12
Policy Symbol Policy Number Policy Per od Effective Date of Endo XSL G2d593854 106/01/ 2005 to 06/01/2006 06/O1/20a5 Issued By (Name of Insurance Company) ACE American Insurance Company
Insert the policy number . The r emainder p( the info rmation is to Ge comp leted on wh en thi s endorsement is issued
THIS ENDORSEMENT CHANGES THE POLICY . PLEASE READ IT CAREFULLY . This endorsement modifies nsurance provided under the followingCOMMERCIAL GENERAL LIABILITY COVERAGE PART
This insurance dues n ot apply to any injury, da{nage, expense, cast, loss, l iability or legal obliga tion arising out of, resulting from, or in any way related to, in w h ole or i n p dri , the respiration, i n spiration, inhalation or breathing in of dust or particulate matter . Dust or particul ate master ma y i n cl ude, but i s no t limited to: dust , p artiW ate matter , ins pira ble du s t , s es pi rable dust, smok e, mist, d i rt , fibers, g ri t, soot, salt, acids, bases, me tals, aerosols, crysta l s, minerals, sand, silicates, or si lica . The additi on of this e ndorsement does not irhp ly that other policy provi sio ns, including but not limited to any pollution e xclusio n or as bestos ex cl usion, do not also exc lude coverage for dust or pa rti culate ma tter re lated i nj u ry, damage, expense, cos t , loss, l ia b ility, or l egal ob l iga tion .
Auth orized Re p resentative
1
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POLICY NUMBER : XSL G20593854
ENDT. #13
INTERLINE IL 00 21 05 04
THIS ENDORSEMENT
S THE POLICY . PLEASE READ IT CAREFULLY .
NUCLEAR ENE RGY LIABILITY EXCLUSION E MDORSEMENT
(Broad Form) This endorsement . modifies insurance provided under the foNowing COMMERCIAL AUTOMOBILE COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART FARM COVERAGE PART
LIQUOR LIABILITY COVERAGE PART
OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATId~S LIABILITY COVERAGE PART PROFESSIONAL LIABILITY COVERAGt PART
RAILROAD PROTECTIVE LIABILITY COVERAGE PART
1 . The i nsurance 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 i ssued b N uclear Energy Liabil ity Insurance Association , Mutual Atomic Energy L iability LJn erwri ters , Nuclear Insurance Association of anada or any of their successors, or world be an insured under any such policy ut for its termination upon exhaustion of a s lim it of ; or liability (2) Resulting from the "hazardous p roperties" of "nuclea r material" and with respect to which (a ) any person or organizat i on is required to maintain fi nancial protection pursuant to the Atomic Energy Act of 1954, or any law amendatory thereof, r (b) the "insured" is, or had this p olicy I, not been i ssued would be , enti tled to i ndemnity from the United States of America, or any agency thereof, under any agreement entered into by the United States of America, or any agency thereof, with any person or organization .
B . Under any Medical Payments coverage, to expenses incurred with respect to "bodily injury" resulting from the "hazardous properties" of "nuclear material" and arising out of the operation of a "nuclear facility" by any person or organization .
C . Under any Liability Coverage, to "bodily injury" or "property damage" resulting from "hazardous properties" of "nuclear material", if:
(1) The "nuclear material" (a) is at any "nuclear facility' owned by, or operated by or on behalf of, an "insured" or (b) has been discharged or dispersed therefrom ;
(2) The "nuclear materiaP' is contained in "spent fuel" or "waste" at any time possessed, handled, used, processed, stored, transported or disposed of, by or on behalf of an "insured" ; or
(3) The "bodily injury" or "property damage" arises out of the furnishing by an "insured" of services, materials, parts or equipment in connection with the planning, construction, maintenance, operation or use of any "nuclear facility", but if such facility is located within the united States of America, its territories or possessions or Canada, this exclusion (3) applies only to "property damage" to such "nuclear facility" and any property thereat .
J
IL 00 27 05 04
6 ISO Properties, Inc ., 2001
Page I of 2
0
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2. As used in th i s endorsement :
"Haza rdous properties " includes or explosi ve properties :
toxic
"Nuclear material" means "source material", "Special nuclear material" or "by-product ateriai" ; "Source material", "special nuclear material," and "by-product material" have the meanings given them in the Atomic Energy Act of 1954 or in any law amendatory thereof ; "Spent fuel" means any fuel element or fuel component, solid or liquid, which has been used or exposed to radiation in a "nuclear; reactor
(c) Any equipment or device used for the processing, fabricating or alloying of "special nuclear material" if at any time the total amount of such material in the custody of the "insured" at the premises where such equipment or device is located consists of or contains more than 25 grams of plutonium or uranium 233 or any combination thereof, or more than 250 grams of uranium 235 ; (d) Any structure, basin, excavation, premises or place prepared or used for the storage or disposal of "waste" ;
"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 F~rocessed primarily for its "source material" content, and (bj resulting from the operation by any person or organization of any "nuclear facility" inclugled under the first two paragraphs of the definition of "nuclear facility". "Nuclear facility" means :
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 appara t us designed or used to sustain nuc lear fiss ion in a selfsupporting chain reac tion or to contain a critical mass of fissionable material,
"Property damage" inc l udes all forms of radioactive con tamination of property .
(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" ;
+-;!
i }
Page 2 of 2
O 'JSO Properties , Inc . , 2001
IL 00 21 05 04
Q
Case 1:10-cv-02162-WSD Document 1-1
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._~
POLICY NUMBER: XSL G20593854
ENDT . #'S 4
COMMERCIAL GENERAL LIABILITY CG 24 08 10 93
THIS ENDORSEMENT CHAN
THE POLICY . PLEASE READ IT CAREFULLY .
LIQUOR LIABILITY
This endorsement modifies insurance provided under the following : CO MM ERCIA L GE N ERAL LIABILITY COVERAGE PART Exclusion c . - Liquor Liability of COVERAGE A - BODILY INJU RY A N D PROPERTY DAMAGE LIABILITY (Sec tion I ) - Coverages does not apply.
CG 24 08 10 93
Copy righ t , l ns*a n ce Serv ices O ffice, I nc., 1992
Page 1 of I
El
Case 1:10-cv-02162-WSD Document 1-1
POLICY NUMBER : XSL G20593854
Filed 07/13/10 Page 39 of 67
END7 . #75
THIS ENDORSEMENT
THE POLICY . PLEASE READ IT CAREFULLY .
Named Insured Endorsement Nu mb er Racet ra c Pet r o l eu m , I nc_ 15 Policy Symbol Policy Number Po licy Peric d Effective Date XSL 620593854 Qfi/01/2 05 to 06/01/2006 Ofi/O1/2005 Issued By (Name of Insurance Company) ACE American Insurance Company
Insert the policy number . The remainder of the information is to coin leled onl when tMs endursemenl is issued subse ueni to tt
CONDtTEdN TERR4RI BASIS ( RELA T E RRORIS
L LIMITATION OF COVERAGE FOR M ON AN ANNUAL AGGREGATE 1NG TO DISPOSITION OF F EDE RAL RISK INSURANCE ACT OF 2002) .
Th is endorsement modifies in su ra nce pro vi ded apnde r the follo wing : EXCESS COMMERCIAL GENERAL LIA9{LITY POLICY
SCHEDULE
information requ ire d to complete this Schedule, ,if not sho w n ab ove, may be shown in the Declarations or another Te rrorism Aggregate Limit e nd orsemen t a tt ached to this policy . Refer to Paragraphs F . and G, in this endorsement for information on how the Terrorism Aaa rea ate Li mi t ann lies, :..~~ A. Applicability Of The P r ovisions of This Endors ement
1 . Th e provisions o f th is e n dorsemerJt will become applicable commencing o n the date w hen any one or m ore of the f o ll owing fi rst occu rs : a. The feder al Terrorism R isk itisurance Program (" Program"), established by the T errorism R isk Insurance A ct of 2002, has term i nated with respect to the type of insurance provi ded under t h is Coverage Part; or b . A rene wal , extensi o n or contin~ ation of the Program h as become effective without a requirement to ma ke terrorism covera ge ava ila le to you and with revisions that : {1 / I ncrease our s tatutory percentage d e d uctib le un der t he Program for terrorism l osses . (Th a t deductible d etermines thel a mo u nt of all certified terrorism losses we must pay i n a calendar year, before the federal government shares in subse q uent payment of certified terrorism losses .) ; or
(2) Decrease the federal govjernmanYs statutory percentage share in potential terrorism losses above such deducttbie ; or
(3)
Redefine terrorism or make insurance coverage for terrorism subject to provisions or requirements that differ from those that apply to other types of events or occurrences under this policy .
The Program is scheduled to terrni~nate at the end of December 31, 2005 unless renewed, extended or otherwise continued by the federal ~overnrnent
.~
Re p r inted i n pa rt , with permissio n o f I SO Properties, I nc . . 2004 ,
~Yl /' SVC VJr1 GVVV
Case 1:10-cv-02162-WSD Document 1-1
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2 . If the provisions of this endorse
a . Supersede any terrorism ends terrorism" andJor "other act: (however defined) which resi provisions of this endorsemer superseded only with respect injury or damage first being become applicable); and b. 3. Remain applicable unless we
become applicable, such provisions :
cement already endorsed to this policy that addresses "certified acts of of terrorism", but only with respect to an incident(s) of terrorism is in injury or damage that occurs on or after the date when the become applicable (for claims made policies, such an endorsement is o an incident of terrorism (however defined) that results in a claim for lade on or after the date when the provisions of this endorsement you of c hanges in these provi s ions, in respons e to federa l law.
If the provisions of this endorserhent do NOT become applicable, any terrorism endorsement already endorsed to this policy, that addrejsses "certified acts of terrorism" and/or "other acts of terrorism", will continue in effect unless we notify ~rou of changes to that endorsementiin response to federal law .
B . The following definition is added and applies under this endorsement wherever the term terrorism is enclosed in quotation marks : "Terrorism" means activitie s against persons, organ izations or property of any nature: 1. That i nvol ve the following or preparation for the following :
a.
Use or threat of force or violence or
b . Commission or threat of a dange~ous act ; or c . Commission or threat of an ac( that interferes with or disrupts an electronic, communication, information, or mechanical system ; and
2. Whe n one or b oth of the following ap plies :
a . The effect is to intimidate or coerce a government or the civilian population or any segment thereof, or to disrupt any segment of the economy; or b. It appears that the i ntent is to int midate or coerce a government , or to further political , ideological, religious , social or econom i c objectives or to express (or express opposition to) a philosophy or ideology . a.'.~
C . For the purposes of this endorsement, the term "terrorism" will apply only to an incident in which : 1 . The total of insured damage to all types of property exceeds $25,000,000 . In determining whether the $25,000,000 threshold is exceeded, we will include all insured damage sustained by property of all persons and entities affected by the terrorism arjd business interruption losses sustained by owners or occupants of the damaged property. For the purpose) of this provision, insured damage means damage that is covered by any insurance plus damage that would be !covered by any insurance but for the application of any terrorism exclusions ; or
2 . Fifty or m o re p erson s s u sta in d eath or serio u s phy sic al i nj ury. F o r the pu rposes o f thi s prov is ion, se rious p h ysical inj ury m ea ns :
a. c.
Physical injury that involves a sutistantial risk of d eath ; or Protracted d oss of or impairment Of the function of a bodi l y member or o rgan .
b . Protracted and obvious physical dl i sftgurerttent; or
Multiple incidents of "ter rorism" wh i ch occur within a 72 - hour peri od and appear to be carried out i n concert or to have a related purpose of common leadership wig be deemed to be one incident, for the purpose of determin i ng whether the thresholds in Pa ragraphs C . 1 . or C .2. are exceeded .
Q E.
Coverage provided by this insurance for ° Oodily i njury ", "property damage" or " personal and advertis i ng i njury", arising out of "terrod sm ", is subject to the Terror is al n Aggregate Limit as described in Pa ragraph E. of th is endorsement. The following are added to Section III -Li m its Of Insurance :
Subject to Paragraphs 2 . and 3. of SecO on fit -limits Of Insuran ce , as appli cable, t he Terro ri sm Aggregate limit shown in the Schedule of this endorsemenk is the most we will pay for all :
1.
"Bodily inj ury" a nd "prop e rty damage " u nde r Cove r age A; and @ACE USA, 2004 Page Reprinted i t part, with permission of ISO Properties, Inc., 2004 2 of 3
TR- 16537(10104)
Case 1:10-cv-02162-WSD Document 1-1
Filed 07/13/10 Page 41 of 67
2 . "Perso n al and advertising i njury" u
Coverage B~
arising out of "terrorism" .
P a ra gr aph 4 ., th e Personal And Advertising In j u ry Limit, Pa ragrap h S., th e E ach Occur rence Limit, a n d P a ragra p h 6 ., th e Dam age To P rem ises Rented To You L i mi t , of Secti on III - Limits Of Insurance conti n ue to a pply to damages ar i s ing out of " terrori sm" . Those li m it s wi I on l y be ava il able if, an d to t h e extent that, li m its are available under the Terrorism Aggregate Limit. F . If t he prov i sions of th i s endorsement sups rsede (see P aragraph A .2 .), du ring the p olicy peri o d , an en dorse m e nt tha t provid ed a Ter rorism Ag gregate Limit on it ju ry or da m age arisin g o u t o f te r rorism ( h owever defined), th is en d orsemen t does not provide a new or add itional Terr rism Aggregate Li m i t . I n stead, t he amount of t he Terrorism Aggreg ate Li m it sh own in th e supersede d endorsement (fir ba l a nce of t hat amou nt ), if n ot exhaus t ed , will apply . If th at amount is exhausted b y payments un der the provisions o f e ither end o rsem en t or a com bi nation o f the two, no coverage remain s under either endorsement . G . If thi s Co verage Pa rt d id not contain a Tertorism Aggrega te Limit for terrorism (however d efined), before th e p ro vi sions of this endors ement become appl icabl e, the Terro ri sm Ag gre g ate Limi t in t his end orse ment beg in s to app l y o n the d ate when th e p rov isions of th is endorsemen t become appl i cable . In t ha t case, t h e Ter rorism Aggrega te limit will only a pply t o injury or da m age a ri s ing out of an inc id eint(s) of "terrorism" cove red under this Coverage Part after that date . A ll other terms and cond itio n s remain unchanged-
Aut horized Representat ive
TR- 7 6537(10104)
Q ACE USA, 2004 Reprinted in part, with permission of ISO Properties, inc ., 2004
Page 3 of 3
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_ . -.,
POLICY NUMBER: XSL G20593854
ENDT. #16
COMMERCIAL GENERAL LIABILITY CG 00 62 12 02
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY .
WAR LIABILITY EXCLUSION
This endorsement modifies insura nce provided under the following : CO MM ERCIAL GE N ERA L LI ABILITY C{OVERAGE PART A . Exclu sion i . under paragraph 2 ., Exclusions of Section i - Coverage A - Bodily 1 0jury And Property Damage Liabi l it y is replaced by the folfowing : 2 . Exclusions B . The fo ll owi ng exclus ion is added to Paragraph 2 ., Exclusions of Section I - Coverage B Personal And Ad ve rt isi ng Injury Liab i lity :
This insurance does not apply to . i . War
1-4
(1) War, including undeclared or civil war; or
"Bodily injury" or "property damage", however caused, arising, directly or indirectly, out of:
2. Exclus ion s This insurance does not apply to : WAR "Personal and advertising injury", however caused, arising, directly or indirectly, out of. a . War, including undeclared or civil war; or
b . Warlike action by a military force, including action in hindering or defending against an actual or expected attack, by any govefnmen#, sovereign or other authority using military personael or other agents ; or
(2) Warlike action by a military force, including action in hindering or defending against an actual or expected attack, by any government, sovereign or other authority using military personnel or other agents ; or (3) Insurrection, rebellion, revolution, usurped power, or action taken by governmental authority in hindering or defending against any of these .
c . Insurrection, rebellion, revolution, usurped power, or action taken by governmental authority in hindering or defending against any of these . C . Exclusion h . under Paragraph 2 ., Exclusions of Section I - Coverage C - Medical Payments does not apply. Medical payments due to war are now subject to Exclusion g . of Paragraph 2 ., Exclusions of Section I - Coverage C - Medical payments since "bodily injury"arising out of war is now excluded under Coverage A .
.~
CG 00 62 12 02
0 ISO Properties , inc., 2002
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0
Case 1:10-cv-02162-WSD Document 1-1
P OL I CY N U M BER : XSL 620593654
i
Filed 07/13/10 Page 43 of 67
EN D 7 . #17
DISCLOSURE OF PI FOR CERTIFIED ~ (PURSUE INSU
Ra cetra c P et ro l eum , In c . Policy Symbol Policy Number XSL G2 0 593854 Issued By (Name of Insurance Comp ACE Ame r ican Insurance Ca
the polic y.
:MIUM AND ESTIMATED PREMIUM TS OF TERRORISM COVERAGE T TO TERRORISM RISK ONCE ACT OF 2002)
E n dorseme n t Nu m ber 17 Effective D ate o f Endo 0 6 / 0 1/2 0 05
u9M to the
Policy Period 06/01/2005
to 06/01/2006
THIS ENDORSEMENT IS ATTACHED TO AND MADE PART OF YOUR POLICY IN RESPONSE TO THE DISCLOSURE REQUIREME NTS OF THE TERRORISM RISK INSURANCE ACT OF 20 0 2 . THIS ENDORSEMENT DOES NOT GRANT ANY COVERAGE OR CHANGE THE TERMS AND CONDITIONS O F ANY C OVERA G E UNDER THIS POLICY .
SCHEDULE"
Terrorism rremwm lc ertmea A cts) (A) Premium through 12131105 $
(B) Estimated Premium beyond i213110 5 ( te(er to Paragraph C , below) $
._,
Addi tiona l in form ation , if any, concerning the terrorism p rem ium :
REDACTED
Information required to Declarations. A. Disclosure Of Premium
if not s hown on th is end o rsem ent, will b e sh o wn in th e
In acco rdance wi th the fede ral Terrori sm Risk Insurance Act of 2002 , we are required to provide you with a notice disclosing the portion of your prem i um , i f any , attributable to coverage for terrorist acts certi fi ed under that Act . The portion of your premium attributable to such coverage i s shown in the Schedu le of this endorsement or i n the policy Declarations .
f
ALL-16541 (90/0a) Reprinted with permission of Insurance Services Office Page 1 of 2
Case 1:10-cv-02162-WSD Document 1-1
Filed 07/13/10 Page 44 of 67
B.
D iscl osure Of Fed eral Participation 10 Payment Of Terrorism Losses Th e Uni ted S tates G ov e rnment , D th e federal program . The fede ra l e xcee ds th e applicable insurer reti ant of the Treasu ry, will pa y a s hare of te rro ris m losses insure d und e r equals 90% o f th at portion o f the amoun t of s uch insure d l osses that
C.
Possi b ility O f Addit ional Or R etur n
um
The premium for certified acts of terrorism coverage is calculated based in part on the federal participation in payment of terrorism losses as set faith in the Terrorism Risk Insurance Act of 2002 . The federal program established by the Act is scheduled to terminate at the end of 12131!05 unless extended by the federal government . If the federal program terminates or if the level or terms of federal participation change, the estimated premium shown in (B)l of the Schedule may not be appropriate . If this policy contains a Conditional E xclusian, continuation of coverage for certified acts of terrorism, or ; termination of such coverage , will be determined upon disposition of the federal program, subject to the terms and conditi ons of the Conditional Exclusion . If this policy does not contain a Conditional exclusion , cove rage for certified acts of terrorism will continue . I n either case , when disposition of the federal program is determined, we will recalculate the premium shown in (B) of the Schedule and will charge additional premi um or refund excess premium, if indicated .
If we notify you of an additional pr emium charge, the additional premium will be due as specified in such not ice .
Authorized Agent
ALL-165 4 1 ('10104) Reprinted with permission of Insurance Services Office
Page 2 of 2
Case 1:10-cv-02162-WSD Document 1-1
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e
POLI CY NUMBER : XSL G20593854
ENDT . #18
COMMERCIAL GENERAL LIABILITY CG 02 20 03 98
THIS ENDORSEMENT CHANGES THE POLICY . PLEASE READ IT CAREFULLY .
FLORIDA CHANGES CANCELLATION AND NONRENEWAL
This endorsement modifies insurance provided under the following :
COM M ERCIAL GENERAL LIABILITY COVERAGE PART LIQUOR LI ABI LI TY COVERAGE P AR T
POLLUTION LIABI LITY COVERAGE PART P RO D UC TSlCO M PLETE D OPERAT I O N S LI AB I LITY COVERA GE PART
(4) A substantial change in the risk covered by the policy; or
A. Paragraph 2. of the Cancellation Common Policy Condition is replaced by the following : 2 . Cancellation Of Policies In Effect a . For 90 Days Or Less
~~ (1) 10 days before the effective date of cancellation if we cancel for nonpayment of premium ; or (2) 20 days before the effective date of cancellation if we cancel for any other reason, except we may cancel immediately if there has been :
If this policy has been in effect for 90 days or less, we may cancel this policy by mailing or delivering to the first Named Insured written notice of cancellation, accompanied by the reasons for cancellation, at least :
(a) A material misstatement or misrepresentation ; or (b) A failure to comply with the underwriting requirements established by the insurer . b . For More Than 90 Days If this policy has been in effect for more than 90 days, we may cancel this policy only for one or more of the following reasons ; (1) Nonpayment of premium ; (2) The policy was obtained by a material misstatement ; (3) Failure to comply with underwriting requirements established by the insurer within 90 days of the effective date of coverage ;
(5 ) The cancellation is for all insureds under such policies for a given class of insureds . If we cancel this policy for any of these reasons, we will mail or deliver to the first Named Insured written notice of cancellation, accompanied by the reasons for cancellation, at least : (a) 10 days before the effective date of cancellation if we cancel for nonpayment of premium ; or ( b ) 45 days before the effective date of cancellation if we cancel for any of the other reasons stated in Paragraph 2 .b . B . The following is added and supersedes any other provision to the contrary : NONRE NEWAL 1 . if we decide not to renew this policy we will mail or deliver to the first Named Insured written notice of nonrenewal, accompanied by the reason for nonrenewal, at least 45 days prior to the expiration of this policy .hailed . Any notice of nonrenewai will be- or .2 delivered to the first Named lnsured's last mailing address known to us . If notice is mailed, proof of mailing will be sufficient proof of notice .
CG 02 20 03 98
Copyright, insurance Services Office, I nc ., 1997
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POLICY NUMBER : XSf, 6205 93654
F
ENDT . #19
IL 02 62 07 02
THIS ENDORSEMENT CHANG ~ S THE POLICY . PLEASE READ IT CAREFULLY .
GEORGIA CH ANGES - CANCELLATION AND NONRE NEWAL
This endorsement modifies insurance provided under the following : CAPITAL ASSETS PROGRAM t O tJTPUT POLICY) COVERAGE PART COMMERCIAL AUTOMOBILE COVE RA G E PART
BOILER AND MACHINERY COVERAGE PART
COMMERCIAL INLAND MARINE COVE RAGE PART COMMERCIAL PROPERTY COVERAGE ' PART COMMERCIAL GENERAL LIABILITY COVERAGE PART CRIME AND FIDELITY COVERAGE PART EMPLOYMENT' -RELATED PRACTICES LIABILITY COVERAGE PART FARM COVERAGE PART
LIQUOR LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PA RT
PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART PROFESSIONAL LIABILITY COVERAGE PART A . Paragraph A .1 . of the CANCELLATION Common Policy Condition is replaced by the following : 1 . The first Named Insured shown in the Declarations may cancel this policy by maili ng or del i vering to us advance wr i tten notice of cancellation stating a future date on wh ich the policy is to be cancelled , subject to the following : Our notice will sta te the effective date of cancellation, which will be the later of the fo llowing : (1) 10 days from the date of mailing or delivering our notice, or (2) The effective date of cancellation stated in the first Named Insured's notice to us . B . Paragraph A .5. of the CANCELLATION Common Policy Cond i tion is replaced by the following : 5 . Premium Refund a. If this policy is cancelled, we will send the first Named Insured any premium refund due . b . If we cancel, the refund will be pro rata, except as provided in c . below, c . If the cancellation results from failure of the first Named Insured to pay, when due, any premium to .us or any amount, when due, under a premium finance agreement, then the refund may be less than pro rata . Calculation of the return premium at less than pro rata represents a penalty charged on unearned premium . d . If the first Named Insured cancels, the refund may be less than pro rata .
a . If only the interest of the first Named Insured is affected, the effective date of cancel lation will be either the date we rece ive notice from the first Named Insured or the date specified in the notice , whichever is later. H owever , upon ; receiving a w r itten not ice of cancellation from the first Named insured , we may waive the requirement that the notice state ire future date of cancellation, by confirming ; the date and time of cancellation i n writing tb the first Named Insured .
- -)
b . If by statute, regulation or contract this policy may not be cancelled unless notice is given to a governmental agency, mortgagee or other third party, we will mail or deliver at least 10 days notice to the first Named Insured and the third party as soon as practicable after receiving the first Named fnsured's request for cancellation .
IL 02 62 07 02
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e . The cancellation will be effective even if not made or offered a refund .
have
C . The following is added to the CAIVCLLA710N Common Policy condition and supersedes any other provisions to the contrary: If we decide to: 1 . Cancel or nonrenew this policy ; or 2 . Increase current policy premium by more than 15% (other than any increase due to change in risk, exposure or experience modification or resulting from an audit of auditable coverages) ; or 3 . Change any policy provision which would limit or restrict coverage ;
2 . When this policy has been in effect for more than 60 days, or at any time if it is a renewal with us, we may cancel only for one or more of the following reasons : a . Nonpayment of premium, whether payable to us or to our agent ; b . Upon discovery of fraud, concealment of a material fact, or material misrepresentation made by or with the knowledge of any person insured under this policy in obtaining this policy, continuing this policy or presenting a claim under this policy ; c . Upon the occurrence of a change in the risk which substantially increases any hazard insured against; or d . Upon the violation of any of the material terms or conditions of this policy by any person insured under this policy .
Then :
We will mail or deliver notice of our action (including the dollar amount of any increase in renewal premtum of more than 15%) to the first Named insured and lienholder, if any, at the last mailing address known to us . Except as applicabke as described in Paragraph D . below, we will mail or deliver notice at least : 1 . 10 days before the effective date of cancellation if this policy has been in effect less than 60 days or if we cancel for nonpayment of premium ; or
We may cancel by providing notice to the first named insured at least : • 10 days before the effective date of cancellation if we cancel for nonpayment of premium ; or
• 45 days before the effective date of cancellation if we cancel for any of the reasons listed in b., c. or d . above . ~"..~
D . The following provisions apply to insurance covering residential real property only provided under the :
2 . 45 days before the effective date of cancellation if this policy has been in effect 60 or more days and we cancel for a reason other than nonpayment of premium ; or 3. 45 days before the expiration date of this policy if we decide to nonrenew, increase the premium or limit or restrict coverage .
CAPITAL ASSETS PROGRAM (OUTPUT POLICY) COVERAGE PART ; COMMERCIAL PROPERTY COVERAGE PART ; FARM COVERAGE PART ; if the named insured i s a natural person . Wi th respect to such insurance, the following is added to the CANCELLATION Com m on Policy Condition and supersedes any provisions to the contrary : 1 . When this policy has been in effect for 60 days or less a n d is not a renewal with us , we may cancel for any reason by notifying the f i rst named insured at least 10 days before the date cancellation takes effect .
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POLICY NUMBER : XSL G20593854
E NDT . #20 COMMERCIAL GENERAL LIABILITY CG 01 25 08 97
THIS ENDORSEMENT CHANGES THE POLICY . PLEASE READ IT CAREFULLY .
LOUISIANA CHANGES - INSURING AGREEMENT
This endorsement modifies insurance provided under the following-, COMMERCIAL GENERAL LIABILITY COVERAGE PART
A . Paragraph 7 .a . of Section I - Coverages, B . Paragraph 1 .a . of Section I - Coverages, Coverage A - Bodily Injury And Property Coverage B - Personal And Advertising Injury Damage Liability is replaced with the following : Liability is replaced with the following : 1 . Insuri ng Agreement 1 . I n suring Agreement
a . We will pay those sums that the insured becomes legally obligated to pay as damages because of "bodily injury" or "property damage" to which this insurance applies. We will have the right anti duty to defend the insured against any "suit" seeking those damages . We may, at our discretion, investigate any "occurrence" and settle any claim or "suit' that may result. But:
(1) The amount we will pay for damages is limited as described in Section III -Limits Of Insurance ; and (2) Our right and duty to defend end when we have used up the applicable limit of insurance in the payment of judgments or settlements under Coverage A or B or medical expenses under Coverage C .
a . We will pay those sums that the insured becomes legally obligated to pay as damages because of "personal injury" or "advertising injury" to which this insurance applies . We will have the right and duty to defend the insured against any "suit' seeking those damages . We may, at our discretion, investigate any "occurrence" or offense and settle any claim or "suit" that may result . But :
(1) The amount we will pay for damages is limited as described in Section III -Limits Of Insurance, and (2) Our right and duty to defend end when we have used up the applicable limit of insurance in the payment of judgments or settlements under Coverages A or B or medical expenses under Coverage C .
No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under Supplementary Payments - Coverages A And B .
No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under Supplementary Payments - Coverages A And B .
1
CG 01 25 08 97
Copyrig ht, Insurance Services Office, Inc ., 1997
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.~
POLICY NUMBER: XSL G20593854
ENDT . #21
COMMERCIAL GENERAL LIABILITY CG 01 18 03 96
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY .
LOUISIANA CHANGES - LEGAL ACTION AGAINST US
This endorsement modifies insurance provided under the following- . COMMERCIAL GENERAL LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART
PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILI TY COVERAGE PART
The LEGAL ACTION AGAINST US Condition (Section N - Conditions) is replaced by the following . L egal Action Agains t Us A person or organizat i o n may bring a "sui t" against us including, but not limited to, a "su i t" to recover on a n agreed settlemen t or on a final judgme nt against an insured ; b u t we will not be liable for damages that are not payable under the terms of this Coverage Part or that are in excess of the applicable limit o f insurance . An agreed settlement means a set t lement and re lease of liability signed by us, t he insured and the claima nt or th e c l aimant's legal representative . : -..~
CG 01 18 03 96
Copyright, Insurance Services Office, I nc., 1995
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PO L ICY NUMBER : XSL G20593854
i
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ENDT . #22
COM M ERC IA L GENE RAL LI AB I LITY CG 28 1 5 OS 97
TH IS ENDORSEMENT CHANG S THE POLICY . PLEASE READ IT CAREFULLY .
LOUISIANA CHAN ~S -- INSURING AGREEMENT
This endorsemen t modifies insurance provided under the following : LIQUOR LIAB I LITY COVERAGE PART Paragraph 9 . a . of S ec t i on I - l i quor Li a bility c ove rage is replaced with the following : 1 . Insuri ng Agreement a . We will pay those sums that the Insured becomes legal l y obligated to pay as damages because of "injury" to which this insura n ce applies if liability for such "injury" is imposed on the insured by reason o f the sel l ing, serving or furnishing of any alcoho l ic beverage . We will have the right and d u ty to defend the insured against any "suit" seeking those damages . We may, at our discretion, investigate any "inj ury" and sett l e any claim or "suit" tha t may result . B uff (1) Th e amount we will pay for damages is limited as described in Sec tion III - Limits Of k'nsurance ; and 12) Our right and duty to defend end when we have used up the applicable limit of insurance in the payment of judgments or settlements . No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under Supplementary Payments .
S
1
CG 28 15 08 97
Copyright, I nsurance Services Office, I nc ., 1997
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POLICY NUMBER : XSL G20593854
ENDT . #23 INTERLINE IL Q2770301
THIS ENDORSEMENT CHAN O ES THE POLICY . PLEASE READ IT CAREFULLY .
LOUISIANA C ~ ANGES - CANCELLATION AN D NONRENEWAL
This e n dorsement modifi es insurance prov ided u nder the following : BO I L E R AND M ACHI N E RY COVERAGE PART CO MM E R C I AL AUTOMO B ILE COVERAGE PART COMM ERCIAL CRIME COVERAGE PART* COMM ERCIAL GENERAL LIABILITY COVERAGE PART COMM ERCIAL I N LAN D MARINE COVERAGE PART COMM ERC I AL P RO P E R TY COVERAGE PA RT E M PLOYMEN T-RELATED PRACTICES LIABILITY COVERAGE PART FARM COVERAGE PART LIQ U O R LIABI LITY COVERAGE PART POLLUTI ON LIABILITY COVE RAGE PART
PRODUCTS/COMPLETED OPERATIONS LIABI LI T Y COVERAGE PAR T PROFESSIONAL LIABILITY COVE RAGE PART
\
" Th is endorsement does not a p ply to covera ge p rovided for employee dishonesty (Covera g e F orm A) or public employee dishonesty (Coverage Forms 0 and P) . A. Paragraph 2 . of the Cancellation Common Policy Condition is replaced by the following, which applies unless Paragraph 8 . of this endorsement applies . 2 . Notice Of Cancellation a . Cancellation Of Policies In Effect For Fewer Than 60 Days Which Are Not Renewals b . Canc e llation Of Renewal Pol icies And New Policies In Effect For 60 Days Or More
If this policy has been in effect for fewer than 60 days and is not a renewal of a policy we issued, we may cancel this policy for any reason, subject to the following :
We may cancel this policy by mailing or delivering to the first Named Insured written notice of cancellation at least 10 days before the effective date of cancellation . We may cancel this policy by mailing or delivering to the first Named Insured written notice of cancellation at least 60 days before the effective date of cancellation .
(1) No n payment of p remium ;
If this policy has been in effect for 60 days or more, or is a renewal of a policy we issued, we may cance l only for one or more of t he following reasons'
(1) Cancellation for nonpayment of premium
(2) Cancellation for any other reason
(2) Fraud or materia l misrepresentation made by you or with your knowledge in obtaining t h e policy, continuing the policy , or in presenting a claim under the poli cy ; (3) Activities or omissions by you which change or increase any hazarc i nsured d against ; (4y Change in the risk which increases the risk of loss after we issued or renewed this policy including an increase in exposure due to regulation, legislation, or court decision;
(5) Determination by the Commissioner of Insurance that the continuation of this policy would jeopardize our solvency or would place us in violation of the insurance laws of this or any other state ;
IL 02 77 03 01
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(6) The insured's violation or bre ; policy terms or conditions ; or
of a n y by
(7) Any other reasons that are al : the Commissioner of Insuranc
(a) 10 days before the effecti~e date of cancellation if we cancel for nonpayment of premium ; or
We will mail or deliver writtet notice of cancellation under Paragraph A .2.b ., to the first Named Insured at lea, t:
B . Paragraph 2 . of the Cance llat i on Common Policy Condition is replaced by t h e fo l lowing, which a ppli es with respect to premium payments d ue on new and renewal policies, incl uding installment paym ents . 2 . Notice Of Cancellation a . If your p remium payment check or other negotiable instr ument is returned to us or our agent or a premium finance company because it is uncollect i ble for any reason , we may cancel the pol i cy subj ect to Paragraphs 8 .2.b . and B.2 .c .
(b) 20 days before the effective date of cancellation if we cancel for a reason described in Paragraphs: A .2 .b.(2 ) through (7) above .
c . We will send the refund t o the fi rst Named Insured unless Pa ragraph C .5 . d . or C . S.e . applies . d . If we cancel based on Paragraph B .2 . of this endorsement, we will return the premium due, if any, within 10 days after the expiration of the 10-day period referred to in B .2.c . If the policy was financed by a premium finance company, or if payment was advanced by the insurance agent, we will send the return premium directly to such payor . e . With respect to any cancellation of the Commercial Auto Coverage part, we will send the return premium, if any, to the premium finance company if the premium was financed by such company .
D . The Prem iums Common Po l icy Condition is replaced by the following :
PREMIUMS
1 . The first Named In sured shown in the Declarations is responsible for the payment of a l l premiums.
b. We may cancel the policy e ffective fro m the date the premium payment was due , by sending you wr i tten notice by certified mail , or by delivering suc h notice to you within 10 days of the date that we receive not ice of the returned check or negoti able instrument.
E. Paragraph f. of the Mortgageholders Condit ion i n the Commercial Property Coverage Part and Parag raph 4 .(f) of the Mortgageholders Con d it i on in the Farm Cove rage Part are replaced by the follow i ng : If we cancel a policy that has been in effect for fewer than 60 days and i s not a renewal of a policy we issued , we will g ive written notice to the mortgageholder at least:
2 . We will pay return premiums , if any , to the fi r st Named Insured , unless another per son or entity is entitled to be the payee in accordance with Paragraph C . of this endorsement .
r
C . Paragraph 5 . of the Cancel l ati o n Common Policy Condition is replaced by the following :
c . The cancellation notice will also advise you that the policy will be reinstated effective from the date the premium payment was due, if you present to us a cashier's check or money order for the full amount of the returned check or other negotiable instrument within 10 days of the date that the cancellation notice was mailed,
5 . Premium Refund If this policy is cancelled, we will return any premium refund due, subject to Paragraphs C .5 .a ., C .S .b ., C .5 .c, C .5.d . and C .S .e . The cancellation will be effective even if we have not made or offered a refund . a. If we cancel, the refund will be pro rata . b . If the first Named Insured cancels, the refund may be less than pro ratio, and will be returned within 30 days after the effective date of cancellation .
, 7) 10 days before the effective date of cancellation, if we cancel for nonpayment of premium ; or (2) 60 days before -the effective date of cancellation , if we canes l for any other reason .
(1) 10 days before the effective date of cancellation , if we cancel for nonpayment of p rem ium ; or (2) 20 days before the effective date o f cancellation, if we cancel for any oth er reason .
If we cancel a policy that has been in effect for 60 days or more , or is a renewal of a policy we issued , we will g i ve wri tten noti ce to the mortgageholder at least :
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F - `` ~
The followi n g is added and supersede any other provision to the contrary :
NONRENEWAL 7 . I f we decide not to renew t h is policy, we will ma il or deliver wr i tten notice of non renewal to the first N a m ed I ns u red, at least 60 days before its expiration date, or its anniversary dat e if it is a policy written for a term of mor than one year or with no fixed expiration date . '' 2 . We need not m ail or deliver t hi s n otice if-. a . We or another company within our insurance group have offered to i ssue a renewal pol i cy ; or
3 . Any notice of nonrenewal will be mai led or delivered to the first Named Insured at the last mai ling address known to us. If notice is mailed, proof of ma i ling w i l l be suffici ent proof of notice .
b . You have obtained replacement coverage or have agreed in writing to obtain replacement coverage .
1 a
IL 02 77 0 3 01
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POLICY NUMBER: XSL G2059385 4
EN DT . #2 4
IL 02 82 09 00
THIS ENDORSEMENT CHANCES THE POLICY . PLEASE READ IT CAREFULLY .
MISSISSIPPI C ~ ANGES - CANCELLATION AN D N O NRENEWAL
This en dorsement modifies insurance provided unde r the following :
BUSINESSOWNERS POLICY
COMMERCIAL G EN ERAL LIABILITY COVERAGE PART COMMERCIAL LIABILITY UMBRELLA COVERAGE PART COMMERCIAL PROPERTY COVERAGE PART EMPLOYMENT-RELATED PRACTICES LIABILITY COVERAGE PART FARM COVERAGE PART
LIQUOR LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTSICOMPLETED OPERATIONS LIABILITY COVERAGE PART PROFESSIONAL LIABILITY COVERAGE PART
B . Paragraph f. of the Mortgageholders Condition , if any, is replaced by the following :
A . The following Condition i s added and supersedes any provision to the contrary :
NONRENEWAL 1 . If we decide not to renew this policy, we wi ll mail or del iver w r itten notice of nonvenewal to the first Named insured at least :
a. 10 days before the effective date of nonrenewa l, if the nonrenewal is due to nonpayment of p remium ; or b . 30 days before an anniversary date or the expiration date of the policy, if the nonrenewal is for any other reason .
C . In the Businessow ne rs Common Policy Conditi ons, Paragraph 2 .a . of the Cancellation Condition, which provides for 5 days' notice of cancellation under certain circumstances , is deleted .
f. If we cancel this pol i cy , we will give written notice to the mortgageholder at least 30 days before the effective date of cancellation .
2 . The notice of nonrenewal will be mailed or delivered to the first Named Insured's last mailing address known to us . i f notice is mailed, proof of mailing viii{ be sufficient proof of notice .
IL 02 82 09 00 Copyright, Insurance Services Office, I nc ., 2000
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POLICY NUMBER : XSL G20593854 -°--~
J
E ND T.
#2 5
IL 02 69 09 00 THIS ENDORSEMENT CHANCES THE POLICY . PLEASE READ IT CAREFULLY .
NORTH CAROLINA CHANGES - CANCELLATION AND NONRENEWAL
This endorsement modifies insurance provided under the following : BOILER AND MACHINERY COVERAGE PART BUSINESS O WNERS POLICY
COMMERCIAL CRIME COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL INLAND MARINE COVERAGE PART COMMERCIAL LIABILITY UMBRELLA COVERAGE PART COMMERCIAL PROPERTY COVERAGE PART EMPLOYMENT-RELATED PRACTICES LIABILITY COVERAGE PART FARM COVERAGE PART LIQUOR LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART
PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART PROFESSIONAL LIABILITY COVERAGE PART
(b) An act or omission by the insured or his or her representative that constitutes material misrepresentation or nondisclosure of a material fact in obtaining this policy, continuing this policy or presenting a claim under this policy ; (c) Increased hazard or material change in the risk assumed that could not have been reasonably contemplated by the parties at the time of assumption of the risk ;
A . Paragraph 2, of the Cancellat ion Common Policy Condition is replaced by the following :
2 . Cancellation Requirements
a . Policies In Effect Less Than 60 Days
- (1) 15 days before the effective date of cancellation if we cancel for nonpayment of premium ; or (2) 30 days before the effective date of cancellation i f we cancel for any other reason . b. Policies In Effect More Than 60 Days If this policy has been in effect for 6 0 days or . more, or is a renewal of a policy we issued, we may cancel this policy prior to the :
(1) Expiration of the policy term ; or (2) Anniversary date,
if this poli cy has been i n effect for less than 60 days, we may cancel this pol icy by mailing or del ivering to the first Named Insured written notice of cancellation at least:
(d) Substantial breach of contractual duties, conditions or warranties that materially affects the insurability of the risk ;
(e) A fraudulent act against us by the insured or his or her representative that materially affects the insurability of the risk ;
stated in the policy only for one or more of the following reasons : (a) Nonpayment of prem i um ;
(f) Willful failure by the insured or his or her representative to institute reasonable loss control measures that materially affect the insurability of the risk after written notice by us ;
(g) Loss of facultative reinsurance, or loss of or substantial changes in applicable reinsurance as provided in G .S . 58-41-30 ; Pane 7 of 2 D
IL 02 69 09 OD
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(h) Con vict ion of the insured f a crime a risi n g o ut of acts that m ateria ll y a ffect th e i n sura bil ity of th e risk ; (i) A deter mina tio n y the Commissioner of Insurance th a t the continuation of the po l icy w uld place us in violation o f th e law of North Carol i na ; or ',
B . The following provisions are added and supersede any other provisions to the co n trary : 1 . Nonrenewal a . I f we elect not to renew this policy, we will mail or deliver to the first N amed Insured shown i n t he Declara t ions written n otice of nonrenewal at least 4 5 days prior to the : (1) Expiration o f the pol icy i f this policy has been written fo r one year or less ; or
~.
1
We will ma i l or deli ver wri tten notice of ca ncellation to th e first N amed Insured at least:
You fail to meet the req u irements contained in our corporate char ter, arti cles of i ncor p o ration or by-laws when we are a co mp any organ ized for the sole p urpose of provi d ing members of an organization with insurance coverage in North Carolina .
b . We need not mail or de l iver the notice of non renewal if you have : (1) Insured property covered under this policy, under any other insurance policy ; (2) Accepted replacement coverage; or
(2) Anniversary date of the policy if this policy has been written for more tha n one year or for an indefinite term .
d . We may a l so cancel this poli c y for any reason not stated above provided ' we obtain your prior written consent .
c . Cancellation for nonpayment of prem i um will not become effective if you pay the premium amount due before the effective date of cancel lati on .
( i i) 30 days before the effective date of cancellation if we cancel for any other reason .
(i) 15 days before the effective date of cancellati on if we cancel fo r nonpayment of premium ; or
2 . The written notice of cancellation or nonrenewal will: a . Be mailed or delivered to the first Named Insured and any designated mortgagee or loss payee at their addresses shown in the policy, or if not indicated in the policy, at their last known addresses ; and b . State the reason or reasons for cancellation or nonrenewal .
c . If notice is mailed, proof of mailing will be sufficient proof of notice .
(3) Requested or agreed to nonrenewal of this policy .
I
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POLICY NUMBER: XSL G2 a 593854
ENa T. #26 INTERLINE IL 02 49 08 99
THIS ENDORSEMENT CHANGES THE POLICY . PLEASE READ IT CAREFULLY.
SOUTH CAROLIN A CHANGES - CANCELLATION AN D NONRENEWAL
This endorsement modifies insurance provided under the followingBOILER AND MACHINERY COVERAGE PART COMMERCIAL CRIME COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL INLAND MARINE COVERAGE PART COMMERCIAL PROPERTY COVERAGE PART EMPLOYMENT-RELATED PRACTICES LIABILITY COVERAGE PART FARM COVERAGE PART LIQUOR LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART
PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART PROFESSIONAL LIABILITY COVERAGE PART c . Substantial change in the risk assumed, except to the extent that we should reasonably have foreseen the change or contemplated the risk in writing the policy ;
e . Loss of our reinsurance covering all or a significant portion of the particular policy insured, or where continuation of the policy would imperil our solvency or place us in violation of the insurance laws of South Carolina .
_..~ `
A. Paragraphs 2 . and 3 . o f Cancellat ion Common Policy Condition are repl aced by the following :
2 . We may cancel this policy by mailing or deliver i ng to the firs t Named Insured and the agent, if any , writte n notice of cancellation at least : a . 10 d a ys before the effective date of cance l lation it we cancel for nonpayment of prem i um ; or
d . Substantial breaches of contractual duties, conditions or warranties ; or
3 . We will ma i l or del ive r our noti ce to the first lamed Insured' s and agent ' s last known addresses .
b . 30 days before the effective date of cancellati on if we cancel for any other reason .
B . The fo l low i ng is added to the Cancellation Common Policy Condition : 7. Cancellation Of Policies In Effect For 90 Days Or More
a . Nonpayment of premium ; b . Material misrepresentation of fact which, if known to us, would have caused us not to ~ issue the policy ; .'
If th is policy has been in effect for 9p days or more, or is a renewal or continuation *(a pol icy we issued , we may cancel this policy only for one or more of th e following masons :
Prior to cancellation for reasons permitted in this Item e ., we will notify the Commissioner, in writing, at least sixty days prior to such cancellation and the Commissioner will, within thirty days of such notification, approve or disapprove such action . Any notice of cancellation will state the precise reason for cancellation . C . The following is added and supersedes any provisions to the contrary : NONRENEWAL 1 . If we decide not to renew this policy, we will mail or deliver written notice of nonrenewal to the first Named Insured and agent, if any, at least 30 days before : a . The expiration date of this policy, if the policy is written for a term of one year or less ; or Page 1 of 2 0
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b . An ann i versary date of this F policy is written for a term o f mi year or for an i nd ef ite term . in However, we wil l not refuse policy issued for a term of me year, unti l expiration of its anniversary renewal has been by addifional premi um consider;
;y, if the than one
renew a than one term, if
2 . Any notice of nonrenewal will be mailed or de l ivered to th e first N a med I nsured's a nd age n t's last kno w n a d dresses . I f notice is --~~ mailed, proof of mailing will be sufficient proof of notice . 3 . Any notice of nonrenewal w ill state the precise reason for nonrenewal .
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POLICY NUMBER : XSL G2a593854
ENDS. #27
11025a690Q
THIS ENDORSEMENT CHANCES THE POLICY . PLEASE READ IT CAREFULLY .
TENNESSEE CHANGES -- CANCELLATION AND NONREN EWAL
This endorsement modifies insurance provided under the fol l owing :
BOILER AND MACHINERY COV E RAG E : PART COMM E RCIA L AUTOMOBILE COVERAGE PART COMMERCIAL CRIME COVERAGE PAR T COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL INLAND MARINE COV ERAGE PAR T COMMERCIAL LIABILITY UMBRELLA COVERAGE PART COMMERCIAL PROPERTY COVERAGE PART EMPLOYMENT- RELATED PRACTICES LIABI L ITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART
POLLUTION LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY C O V E RAGE PART PROFESSIONAL LIABILITY COVERAGE PA RT 2. Your conviction of a crime increasing any hazard insured against ; 3 . Discovery of fraud or material misrepresentation on the part of either of the foNawing : a . You or your representative in obtaining this insurance; or . You in pursuing a claim under this policy ; b
4 . Failure to comply with written loss control recommendations ;
r~
A. Paragraph 5 . of the Can c ellation Common Policy Condition is replaced by the fo llowing : 5 . If this policy is cancelled, we will send the first Named Insured any premium refund due . The refund wi ! l be pro rata if~ a. We cancel ; or
The refund may be less than pro rata if t he first Named Insured cancels the policy . The cancellati on will be effective e ve n if we have not made or offered a refund . B . The following is added to the Cancellation Common Policy Condition : CANCELLATION OF POLICIES IN EFFECT FOR 60 DAYS OR MORE If this policy has been in effect for 60 days or more, or if this policy is a renewal of a policy we issued, we may cancel this policy only for one or more of the following reasons : 1 . Nonpayment of premium, including any additional premium, calculated in accordance with our current rating manual, justified b y a i ~ physical change in the insured property or a change in its occupancy or use ;
b . The policy i s cancelled a t the request o f a premium finance company that has financed this policy under a premium finance agreement .
5 . Material change in the risk which increases the risk of loss after we issued or renewed insurance coverage ;
6 . Determination by the insurance commissioner that the continuation of the policy would jeopardize our solvency or would place us in violation of the insurance laws of Tennessee or any other state ;
7 . Your violation or breach of any policy terms or conditions : or 8 . Other reasons that are approved by the insurance commissioner. Notice of cancellation will state the reason for cancellation .
IL
02 so 09 oa
Copyright, Insurance Services Office, Inc ., 2000
Page 1 of 2 d
Case 1:10-cv-02162-WSD Document 1-1
Filed 07/13/10 Page 60 of 67
C . The following is added and supers provisions to the contrary : N ONRENEWAL 1 . If we decide not to renew this polio mail or deliver written notice of non the first Named Insured and agent, days before the expiration date un les a . We have offered to issue a rene or
any
we will iewal to least 60
D . The foll owing is ad ded to the Premiums Common Policy Condition :
po li cy ;
Whenever an insurance policy which is financed with a premium finance co mpany is cancelled, the insurer shall retu rn, within 30 days after the effective date of th e cancellation, whatever gross unearned premiums are due under the insurance pol icy directly to the premium finance company fo r the accou nt of the fi rst Named I nsured .
. -_-
2 . Any not ice of nonrenewal will be mai l ed or de l ivered to the first N amed I nsured's and agent's addresses shown in the policy . I f notice i s mailed , proof of mailing will be sufficient proof of notice .
b. You have obtained re placement coverage or have agreed in writi ng to obtain rep l acement cove rage .
t I
Page 2 of 2
Copyright, Insurance Services Office, Inc ., 2000
IL0250090 0 11
Case 1:10-cv-02162-WSD Document 1-1
Filed 07/13/10 Page 61 of 67
POLICY NUMBER : XSL G20593854
E NDF. #28
COMMERCIAL GE N ERA L LIABILITY CG 09 03 10 00
THIS ENDORSEMENT CH
THE POLICY. PLEASE READ IT CAREFULLY .
T
S CHANGES
This endorsement mod i fies insurance provided under the fo ll owing : COMMERCIAL GENERAL LIABILITY COVERAGE PART A. With regard to liability for Bodily Injury, Property Damage and Personal And Advertising Injury, unless we are prejudiced by the insured's or your failure to comply with the requirement, no provision of this Coverage Part requiring you or any insured to give notice of "occurrence", claim or "suit", or forward demands, notices, summonses or legal papers in connection with a claim or "suit" will bar coverage under this Coverage Part . B . Paragrap h 2 .a. (4) of S e ction I - Coverage B Pers onal And Adverti s ing Injury is repl aced by the fo l lowing :
2 . Exclusions This insurance does not apply to :
a . " P ersonal And Advertis in g Injury" : ( 4) Arising out of the wil l ful violation of a penal statute or or dinance committed by or with the conse nt of the insu red,
Y
CG 01 03 10 00
Copyright, Insurance Serv i ces Office, I nc ., 2000
Page 1 of 1 0
Case 1:10-cv-02162-WSD Document 1-1
Filed 07/13/10 Page 62 of 67
POLICY NUMBER : XSL 620593854
1
ENDT . #29
IL 01 68 01 01
THIS ENDORSEMENT CHAN 4ES THE POLICY. PLEASE READ IT CAREFULLY .
TEXAS CHANGES -- DUTIES
This endorsement modifies insurance provi ded under the following :
COMMERCIAL CRIME - LIABILITY FOR GUESTS' PROPERTY PREMISES COVERAGE FORM COMMERCIAL CRIME - LIABILITY FOR GUESTS' PROPERTY SAFE DEPOSIT BOX COVERAGE FORM COMMERCIAL CRIME - SAFE DEPOSITORY LIABILITY COVERAGE FORM
COMMERCIAL GENERAL LIABILITY COVERAGE PART EMPLOYMENT-RELATED PRACTICES LIABILITY COVERAGE PART FARM COVERAGE PART LIQUOR UABILITY COVERAGE PART
OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART
PRODUCTSICOMPLETED OPERATIONS LIABILITY COVERAGE PART PROFESSIONAL LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART The fotlowing - is added to the Duties Cond ition . - ~ We will notify the first Named Insured in writing of:
1 . An i nitiat offer to compromise or settle a claim made or "suit" brought against any insured under th is coverage . The notice will be g i ven not later than the 10th day after the date on which the offer is made
m claim made or "suit" 2 . Any settlement of a brought agai nst the insured under this coverage . The notice will be given not later than the 30th day after the date of the settlement.
1
. ., ~
IL 0168 0101
0 I SO P roperties, I nc ., 2000
Page 1 of 1 O
Case 1:10-cv-02162-WSD Document 1-1
Filed 07/13/10 Page 63 of 67
POLICY NUMBER : XSL G20593854
ENDT . #30
IL 02 75 07 02
1 THIS E NDORSEM ENT CH
THE POLICY . PLEASE READ IT CAREFULLY .
TEXAS CH NGES - CANCELLATION AND NONRE EWAL PROVISIONS FOR CASUALTY LINES AND COMMERCIAL PACKAGE POLICIES
This endorsement modifies insurance provided under the following.
Th is endorsement also modifies i nsurance provided under the fo l lowing when written as part of a Commercial Package Policy :
COMMERCIAL GENERAL LIABILITY COVERAGE PART EMPLOYMENT-RELATED PRACTICES LIABILITY FARM COVERAGE PART - FARM LIABILITY COVERAGE FORM LIQUOR LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART
• =
BOILER AND MACHINERY COVERAGE PART CAPITAL ASSETS PROGRAM (OUTPUT POLICY) COVERAGE PART COMMERCIAL CRIME COVERAGE FORM COMMERCIAL CRIME POLICY COMMER CIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL INLAND MARINE COVERAGE PART COMMERCIAL PROPERTY COVE RAG e PART EMPLOYEE THEFT AND FORGERY POLICY EMPLOYMENT- RELATED PRACTICES LIABILITY FARM COVERAGE PART - FARM LIABILITY COVERAGE FORM FARM COVERAGE PART - LIVESTOCK COVERAGE FORM FARM COVERAGE PART -- MOBILE AGRICULTURAL MACHINERY AND EQUIPMENT COVERAGE FORM GLASS COVERAGE FORM GOVERNMENT CRIME COVE RAG E FORM GOVERNMENT CRIME POLICY LIQUOR LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PR O DUCTSICOMPL. ETED OPERATIONS LIABILIT Y COVERAGE PART
A. Paragraph 2 . of the Cancellation Common Policy Condition is replaced by the following : 2 . We may cancel this policy by m aili ng or delivering to the first Named insured written notice of cancellation , stating the reason for cancellation , at least 10 days before the effect ive date of cancellation .
. ._ J
IL 02 76 07 02
0 'ISO Properti es , Inc., 2001
Page 1 of 3 0
Case 1:10-cv-02162-WSD Document 1-1
Filed 07/13/10 Page 64 of 67
The permissible r easons for cancell< follows : a . I f t his policy has been in effect I or less, we may cancel for except, that under the provis i( Texas Insurance Code, we may this policy solely because the pol an elected official .
are as
60 days reason of the
2 . This Paragraph, 2 ., applies unless t he po licy q ua l ifies under Paragraph 3 . below-
it cancel holder is
b. If t his po licy has been in effect' (or more than 60 days, or if it is a renewal or continuation of a pol i cy issued by us, we m ay canc el only for o n e o r more of t h e foll owi n g reasons: ( 1 ) Fraud in obtaining coverage ; ( 2) Fai l ure to pay premiums when due ; (3 ) An increase in hazard w it hin t he control of the insured which wou ld produce a n increase in rate; (4) Loss of o u r reinsurance covering a ll or part of the risk covered by the policy, or
B . The following condition is added and supersedes any provision to the contrary NON REN EWA L 1 . We may elect not to renew this policy except, that under the provisions of the Texas Insurance Code, we may not refuse ;to renew this policy solely because the policyhdider is an elected officia l .
(5) If we have been placed in super visio n , cQnservatorsh i p or receivership and th e cancellation is ap proved or direc ted by the supervisor, conservator or rece iver .
3 . If this policy covers a co n domin i um association, and the condomini u m property contain s at least one residence or the condom i nium declarations conform with t he Texas Uniform Condominium Act, then we will mail or de liver writ te n notice of nonrenewa[, at leas t 30 days before th e expiration or ann i versary date of the policy, to : a . Th e first N amed I nsured ; and b . Each unit-owner to whom we issued a certi ficate or memorandum of insura n ce .
If we elect not to renew th is policy, we may do so by mailing or de l ivering to the first N amed Insured, at th e last mail in g address known to us, written notice of nonrenewal, stating the reason for nonrenewal , at least 60 days before t h e expiratio n date. If notice is m a i led or delivered less th an 60 days before the expiration date, this po licy wi ll remai n in effect until t he 61st day after the date on which the notice is mailed or delivered . Earned premi u m for any period of coverage that exte n ds beyond the expiration date wil l be co m p u ted pro rata based on the previous year's premium .
4. If notice is mai l e d , proof of mailing will be sufficien t p roof of notice,
W e wilt mail or de l iver- such notice to each l ast mailing address known to us .
5 . The transfer of a po licyho l der between admitted companies within th e same i n surance group is not considered a ref usal to renew.
r t
1L 02 75 07 02
0 150 Propert ies , Inc ., 2001
Page 3 of 3 D
Case 1:10-cv-02162-WSD Document 1-1
Filed 07/13/10 Page 65 of 67
POLICY NUMBER : XSL G20593854
i
ENDT .
#31
I L 01 38 01 99
THIS ENDORSEMENT CHANGES THE POLICY . PLEASE READ IT CAREFULLY .
VIRGINIA CHANGES
This endorsement modifies insurance provided under the following : COMMERCIAL GENERAL LIABILITY COVERAGE PART L I Q U O R LIAB I LI T Y COVERAGE PAR T
POLLUTION L I ABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART B Paragraph 3 . of the inspections And Surveys
Common Policy Condition is replaced by the following :
A. Paragraphs 2 ., 3 . and 5 . of the Cancellation Common Policy Condi tion are rep l aced by t he following : 2 . We may cancel this policy by mailing or delivering to you written notice of cancellation, stating the reason for cancellation, at :least:
3 . We will send written notice by registered or certified mail or deliver written notice to your last mailing address known to us.
a . 15 days before the effective : date of cancellation if we cancel for nonpayment of premium ; or b . 45 days before the effective date of cancellation if we cancel for any other reason .
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 on our behalf . C , The following is added and supersedes any other provision to the contrary'. NONRENEWAL
1 If we elect not to renew this policy, we will mail or deliver a notice of nonrenewal to you, stating the reason for nonrenewal, at least :
5 . If this policy is cancelled, we will send the first famed Insured any premium refund due . If we cancel, the refund will be pro rata . If the first Named insured cancels, the refund will be 9011% of pro rata unless otherwise specified in our filed manual rules . The cancellation will be effective even if we have not made or offered a refund,
2. We will send written notice by registered or certified mail or deliver written notice of nonrenewal to your last mailing address known to us .
a . 15 days before the expiration date if the nonrenewal is due to nonpayment of premium ; or b . 45 days before the expiration date if the nonrenewal is for any other reason .
1L 01 38 01 99
Copyright , Insurance Services Office, I nc ., 1998
Page 1 of 1
0
Case 1:10-cv-02162-WSD Document 1-1
Filed 07/13/10 Page 66 of 67
ENDORSEMENT
r ed Racetrac Petroleum, Ana .
XSL I c2 0 593 e 54 1 06 / 01 / 2 005 Issued By (Name of Insurance Company) ACE American Insurance Company
to
0 6/01 /2 00 6
32 Effective Date of Endors 0 6 /0 1 /200 5
Insert the policy number. The remainder of the info rmation is to be completed only when this endorsement is issued subseque nt to the preparation of the policy .
THIS ENDORSEMENT CHMOE$ THE POLICY' . PLEASE READ IT CAREE'ULLY . This endorsement modifies insurance provided under the following : EXCESS CONMRCIAL GENER AL LIABILITY POLICY
It is agreed effective 10/24/2005, the Named Insureds address is amend ed to read : 3225 Cumberland Boulevard, Suite 100, Atlanta, GA 30339
CC-1E15 Ptd . In U . S . A.
Case 1:10-cv-02162-WSD Document 1-1
Filed 07/13/10 Page 67 of 67
SIG NATURES
r _ ..
Endorsement N um ber Po l icy Inca D ate
to
I n sert t he poli c y nu mber. Th e remainder ol the information i s to i6e com ple t ed onl y wh en th is endorsement i s iss ued subseque nt to the pr epara tion of the
THE ONLY SIGNATURES APPLICABLE TO THIS POLICY ARE THOSE REPRESENTING THE COMPANY NAMED ON THE FIRST PAGE OF THE DECLARATIONS . By signing and delivering the policy to you, we state that it is a valid contract . INDEMNITY INSURANCE COMPANY OF NORTH AMERICA 1601 Chestnut Street, P .O . Box 41484, Philadelphia, Pennsy lvania 19101-1484 BANKER S STANDARD FIRE AND MARINE C OM PAN Y 1601 Chestnut Street, P .O . Box 4 1 484, Philadelphia, Pennsylvania 19101-1484 BANKERS ST ANDARD INSURANCE COMPANY 1601 Chestnut Street, P .O . Box 41484, Philadelphia, Pennsylvania 19101-1484 ACE INDEMNITY INSURANCE C OMPANY 1601 Chestnut Street, P .O . Box 41484, Philadelphia, Pennsylvania 19101-1484 ACE AMERICAN INSURANCE COMPAN Y 1601 Chestnut Street, P .O . Box 41484, Philadelphia, Pennsylvania 19101-1484 A C E PROPERTY AND CA S UALTY INSURANCE COMPANY 1601 Chestnut Street, P .O . Sox 41484, Philadelphia, Pennsylvania 19101-1484 INSURANC E COMPANY OF NORTH AMERI C A 1601 Chestnut Street, P .O . Box 41484, Philadelphia, Pennsylvania 19101-1484 PACIFIC EMPLOYERS INSURANCE COMPAN Y 1601 Chestnut Street, P .O . Box 41484, Philadelphia, Pennsylvania 19101-1484 ACE F IRE U N DE RWRITERS INSURANCE COMPA NY 1601 Chestnut Street, P .O . Flax 41484, Philadelphia, Pennsylvania 19101-1484
GEORGE D. M ULIIGAH, S e c retary
~---
5~~ JOHN J. LUP]CA, President
WESTCHESTER FIRE INSURA NCE CO MPA NY 1 1 33 Avenue of the Americas, 32nd Fl oo r , New York, NY 10036
&EORGE 0. MOLLISAN, Secretar y
ft c...--
I
)~h
DENNIS A . CROSBY, JR ., President
A uthorized Ag e nt
CC-1 K11d (0 2105 Ptd , i ll U . S .A .

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